2002-03-11 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF' PEARLAND · CITY COUNCIL
I
MARCH 11, 2002
7:30 p.m.
Richard Tetens
Position No. 1
MAYOR
Tom Reid
Larry Marcott
Mayor Pro-Tem
Position No. 4
COUNCIL MEMBERS
Woody Owens
Position No. 2
Larry Wilkins
Position No. 3
Bill Eisen
City Manager
Klaus Seeger
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young Lorfing
City Secretary
IIn accordance with the Texas Open Meeting Act the Agenda is posted for public
information, at all times, for at least 72 hours preceding the scheduled time of the meeting
on the bulletin board located at the front entrance of the City Hall, 35t9 Liberty Drive.
AGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON MARCH 11, 2002, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
I1. ' INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII.CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO
BE ROUTINE, AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY
COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION
UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM,
IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED
FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA
ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the February 11,2002, Public Hearing held at 6:30
p.m.
2. Minutes of the February 18, 2002, Special Meeting held at 7:00
p.m.
3. Minutes of the February 25, 2002, Regular Council Meeting
held at 7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR
COUNCIL MEETING HELD ON FEBRUARY 11,2002. City Council.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF PARK VILLAGE ESTATES SECTION FOUR. Mr.
John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF LAKES ONE AND TWO (THE FAIRWAY AT
HIGHLAND GLEN.) Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-567-AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY AND
GRANTING A SPECIFIC USE PERMIT FOR STORAGE AND MINI-
WAREHOUSES, EXCLUDING ANY OUTSIDE STORAGE ON THE
FOLLOWING PROPERTY, BEING 4.69 ACRES, BEING LOT 7A,
WHICH IS THE SOUTH Y2 OF LOT 7, ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION OF SUBURBAN
GARDENS, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-
243, AS RECORDED IN VOLUME 111, PAGE 184, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO.
100) (2109 CULLEN BOULEVARD) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT -
SPECIFIC USE (C(S)) AT THE REQUEST OF CLASSIC STORAGE
STATION INC., OWNER, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin
Maples, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-568 -AN ORDINANCE OFTHE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
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DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING LOT 11, OUT OF LOT 20, ALLISON RICHEY GULF COAST
HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY
SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1022)(7205 CLIFF STONE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-l) AT THE REQUEST OF KEVIN T. MORTON,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-569-AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING .76 ACRES OF LAND SITUATED IN A 10 ACRE TRACT OF
LAND IN THE SOUTH ~/~ OF THE NORTHEAST lA OF THE
SOUTHEAST ¼ OF THE G.C. SMITH SURVEY, SECTION 16, A-
546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1021)(6033
SHARONDALE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-
1) AT THE REQUEST OF HECTOR L. & ELVIA M. GUERRERO,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-570-AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
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TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 2.2488 ACRES, OUT OF AND BEING PART OF A 60.13
ACRE TRACT, ALLISON RICHEY, ALLISON RICHEY GULF COAST
HOME COMPANY'S SUBURBAN GARDENS, H. T. & B. R.R.
COMPANY SURVEY, SECTION 10, A-505, BRAZORIA COUNTY,
TEXAS (APPLICATION NO, 1019) (BROOKSIDE ROAD)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST
OF TONG & TRUC QUAN BACH VO, OWNERS, PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Tobin Maples, Executive Director of Community
Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-571 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING.7219 ACRE TRACT OUT OF A 40 ACRE TRACT, CALLED
TRACT 35, H. T. & B. R.R. CO. SURVEY, SECTION 7, A-219, AS
RECORDED IN VOLUME 850, PAGE 635, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1023) (6215
DUBLIN LANE)FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF KYLE HUNT, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director
of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1054 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A CERTAIN FORTY FOOT (40') WIDE RIGHT OF
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WAY LOCATED ADJACENT TO LOTS 3 AND 4 OF THE L.W.
MURDOCK SUBDIVISION IN THE A.C.H. & B.R.R. CO. SURVEY,
SECTION.2, ABSTRACT 507, WITHIN THE CORPORATE CITY
LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1055 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING
THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE
CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 WITHIN THE CITY'S CORPORATE
BOUNDARIES; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
AND INSTALLATION OF SOCCER FIELD LIGHTING AT
CENTENNIAL PARK. Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF A MINI EXCAVATOR. Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
AUTHORIZING THE ISSUANCE OF $3,575,000 UNLIMITED TAX
BONDS, SERIES 2002. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENT
OF JOEL GUTIERREZ TO SERVE ON THE HEALTH FACILITIES
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IX.
X.
DEVELOPMENT CORPORATION BOARD FOR A 2-YEAR TERM.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ESTABLISHING THE PROCEDURE BY
WHICH CLOSED MEETINGS (EXECUTIVE SESSIONS) ARE
CONDUCTED. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
GOALS PROMULGATED DURING THE CITY'S 2002 ANNUAL
PLANNING WORKSHOP. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - BOND SCHEDULE.
Mr. Alan Mueller, Deputy City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-H -AN ORDINANCE OFTHE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW
SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY
LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
· TION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Executive
Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 943-5 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
THOROUGHFARE PLAN, OFTHE CITY'S COMPREHENSIVE PLAN
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AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED
TRANSPORTATION SYSTEM IN PEARLAND; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Tobin Maples, Executive Director of Community
Services.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1,
SUPPLEMENT #1, FOR ENGINEERING SERVICES ASSOCIATED
WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM. Mr. Joe Wertz, Jr., Project Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN RIGHT-OF-WAY
ACQUISITION CONTRACT WITH COBB FENDLEY AND
ASSOCIATES FOR ACQUISITION SERVICES ASSOCIATED WITH
THE FITE/WAGON TRAIL/HATFIELD PROJECT. Mr. BillEisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO SUBMIT AN APPLICATION FOR A FLOOD
MITIGATION PLANNING GRANT TO THE FEDERAL EMERGENCY
MANAGEMENT AGENCY. Mr. Chris Kidwell, Grants and Strategic
Planning Coordinator.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A LANDSCAPING
MAINTENANCE AGREEMENT ASSOCIATED WITH THE
MAINTENANCE OF PROPERTIES PURCHASED THROUGH THE
FEMA BUYOUT PROGRAM. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
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OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT WITH TN
EDMONDS AND ASSOCIATES FOR APPRAISAL SERVICES
ASSOCIATED WITH THE MAGNOLIA ROAD OVERPASS
PROJECT. Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE OFFICE OF
THE ATTORNEY GENERAL OF TEXAS FOR A VICTIMS'
ASSISTANCE DISCRETIONARY GRANT AND EXECUTE ANY
AGREEMENTS NECESSARYTO RECEIVE SAID GRANT. Mr. Chris
Kidwell, Grants and Strategic Planning Coordinator.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY
REGARDING THE ACQUISITION OF LAND (DIXIE FARM ROAD).
Mr. Darrin Coker, City Attomey.
SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY
REGARDING THE ACQUISITION OF LAND (SERVICE CENTER).
Mr. Darrin Coker, City Attomey.
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SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY
REGARDING THE ACQUISITION OF LAND (PARKS). Mr. Darrin
Coker, City Attorney.
SECTION 551.072 - DISCUSSION WITH CITY
REGARDING THE ACQUISITION OF LAND
PARKWAY). Mr. Darrin Coker, City Attomey.
ATTORNEY
(PEARLAND
NEW BUSINESS (CONTINUED):
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CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE ACQUISITION OF LAND (DIXIE FARM
ROAD). Mr. Darrin Coker, City Attomey.
10.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH LAN ENGINEERING FOR ENGINEERING SERVICES
ASSOCIATED WITH THE DIXIE FARM ROAD STORM SEWER
INSTALLATION PROJECT. Mr. Alan Mueller, Deputy City Manager.
11.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE ACQUISITION OF LAND (SERVICE
CENTER). Mr. Darrin Coker, City Attomey.
12.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE ACQUISITION OF LAND (PARKS), Mr.
Darrin Coker, City Attorney.
13.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE ACQUISITION OF LAND (PEARLAND
PARKWAY). Mr. Darrin Coker, City Attorney.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfing at 281- 652-1655 prior to the meeting so that appropriate arrangements can be
made.
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