2002-08-12 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
AUGUST 12, 2002
7:30 p.m.
Richard Tetens
Position No. 1
MAYOR
Tom Reid
Woody Owens
Mayor Pro-Tem
Position No. 2
COUNCIL MEMBERS
Charles Viktorin
Position No. 3
Larry Marcott
Position No. 4
Bill Eisen
City Manager
Klaus Seeger
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young Lorfing
City Secretary
In 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, 3519 Liberty Drive.
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON AUGUST 12, 2002, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1. Proclamation "Sam Matzas Day"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
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:
2.
3.
4.
Minutes of the July 8, 2002, Joint Public Hearing held at 6:30 p.m.
Minutes of the July 15, 2002, Special Meeting held at 7:00 p.m.
Minutes of the July 15, 2002, Special Meeting held at 9:00 p.m.
Minutes of the July 22, 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
MEETING HELD ON JULY 22, 2002. City Council.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-585 - 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 73.328 ACRES CONSISTING OF THREE TRACTS: TRACT I:
BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. & B. R.R.
COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; TRACT
I1: BEING 10.208 ACRES IN THE A.C.H. & B. SURVEY, SECTION 2,
A-507, BRAZORIA COUNTY, TEXAS, BEING ALL OF LOTS A & F,
L.W. MURDOCK SUBDIVISION AS RECORDED IN VOLUME 29,
PAGE 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND
BEING PART OF THE LAND CONVEYED BY THOMAS F.
ALEXANDER TO JOHN ALEXANDER, TRUSTEE, BY DEED DATED
MAY 20, 1960, AND RECORDED IN VOLUME 767, PAGE 299,
AMONG THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS;
AND .TRACT II1' 23.12 ACRES, BEING LOT 9, SECTION 12, H. T. &
B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1035) (VETERANS ROAD) FROM
CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) AND
COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT
PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF
JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR
THREE G INVESTMENTS, 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. 509-596 - 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 A TRACT OF LAND OUT OF A 31.606 ACRE TRACT OF THE
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H. T.' & B. R.R. COMPANY SURVEY, SECTION 11, A-239,
BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION NO,
110) (4604 WALNUT) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-2) TO SINGLE FAMILY DWELLING
DISTRICT - SPECIFIC USE (R-2(S)) FOR A DAY CARE AND IS
REQUIRED TO INSTALL A FENCE AROUND ALL OF THE PLAY
AREA AND HAVE AN ALL WEATHER PAVED SURFACE IN
ACCORDANCE WITH THE CITY CODES AT THE REQUEST OF
DONNA MOORE, AGENT FOR DON AND JANELL MOORE,
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. 509-597 - 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 LOT 11, ROBIN COVE SUBDIVISION, SECTION 2,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 19, PAGES 185-186, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1049) (7105 ROBIN MEADOW) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R1) AT THE REQUEST OF EVERETT AND LIZ ALLEY,
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. 509-598 - 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 8.750 ACRES, BEING TRACTS 17A, 17B AND 18, ALLISON
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Gw
RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION
19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1044) (8210
BROOKSIDE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF BEATRICE LEJSAL, 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. 509-599 - 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 .6190 ACRES, BEING THE EAST 135.66' OF TRACT 66,
HAHL'S FIGLAND ORCHARD SUBDIVISION, AS RECORDED IN
VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1045) (5920 FITE
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE)
AT THE REQUEST OF JESUS M. VASQUEZ, 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. 509-600 - 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 8.11 ACRES OF LAND, BEING PART OF LOT 46, ALLISON
RICHEY GULF COAST HOME COMPANY'S SUBDIVISION,
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IX.
X.
SECTION 80, H. T. & B. R.R. 'COMPANY SURVEY, A-564,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1048)(2657 CR 59)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE
REQUEST OF JOSE M. AND SANDRA R. MARTINEZ, 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
o,f Community Services.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ST. HELEN CATHOLIC CHURCH PARADE. Mr. J.C. Doyle, Chief of
Police.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
RATIFICATION OF STAFF'S INTERPRETATION OF SECTION 22.6
BUILDING FACADES, OF THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Executive Director
of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-595 - 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 MINI-WAREHOUSE STORAGE AND
IS REQUIRED TO INSTALL A MASONRY FENCE AROUND THE
PERIMETER OF THE PROPERTY AND NO OUTSIDE STORAGE
CAN BE VISIBLE FROM ANY SURROUNDING AREAS ON THE
FOLLOWING PROPERTY, BEING 8.2126 ACRES, BEING TRACT A,
OUT OF 17.3151 ACRES IN THE H. T. & B. R.R. COMPANY
SURVEY, SECTION 11, A-239, BRAZORIA COUNTY, TEXAS
(SPECIFIC USE NO. 109) (4181 MAGNOLIA STREET) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-l) TO LIGHT
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INDUSTRIAL SPECIFIC USE (M-I(S)) AT THE REQUEST OF
MANCEL C. BEAM, 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 - RESOLUTION NO.
R2002-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO SUBMIT A PROPOSAL TO THE BRAZORIA
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR EXTENSION OF THE CITY'S SANITARY SEWER SYSTEM TO
THE RESIDENTS ON SHARONDALE STREET; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL
DOCUMENTS ASSOCIATED WITH THE PROJECT; AND
ALLOCATING FROM THE CITY'S UTILITY FUND, THE CITY'S
COSTS ASSOCIATED WITH THE PROJECT. Mr. Chris Kidwell,
Administrative Analyst.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH BRAZORIA COUNTY FOR THE CONSTRUCTION,
IMPROVEMENT, MAINTENANCE, AND REPAIR OF DESIGNATED
STREETS OR ALLEYS WITHIN THE CITY OFPEARLAND.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1072 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING
THE ENCROACHMENT OF LANDSCAPING IMPROVEMENTS AND
A GAZEBO INTO THE CITY'S RIGHTS-OF WAY OF MAGNOLIA
ESTATES BOULEVARD IN THE CITY OF PEARLAND.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - REGARDING CITY
COUNCIL AND STAFF APPOINTMENTS TO THE PROPOSED TASK
FORCE CHARGED WITH REVIEWING THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Executive Director
of Community Services.
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10.
11.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE, IN CONJUNCTION WITH THE CITY OF
FRIENDSWOOD, BRAZORIA DRAINAGE DISTRICT NO. 4 AND THE
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT, TO
ENTER INTO A CONTRACT WITH TERRAPOINT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE PRODUCTION
OF COMPUTER SIMULATED DATA FOR THE CLEAR CREEK
WATER SHED. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1073 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A RELEASE AND
EXCHANGE OF EASEMENTS TO ACCOMPLISH THE
REALIGNMENT OF RIGHT-OF-WAY AT THE INTERSECTION OF
FM 518 AND SUNRISE MEADOW DRIVE. Mr. Alan Mueller, Deputy
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION
SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM.
Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF
ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE CHANGE ORDER NO. 2
ASSOCIATED WITH CONSTRUCTION OF THE SOUTHWEST
ENVIRONMENTAL DETENTION BASIN AND CONTROL
STRUCTURE. Mr. Bill Eisen, City Manager.
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12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN AMENDMENT TO A FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION ASSOCIATED WITH THE MYKAWA ROAD AND
BRIDGE PROJECT. Mr. Bill Eisen, City Manager.
13.
CONSIDERATION AND POSSIBLE ACTION - THE SETTING OF A
PUBLIC HEARING ON AUGUST 26, 2002, AT 7:15 P.M.
REGARDING A PROPOSAL TO INCREASE TOTAL TAX REVENUES
FROM PROPERTIES ON THE TAX ROLL IN 2002 BY 7.7 PERCENT.
Mr. Bill Eisen, City Manager.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-128 - 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 CENTURY ENGINEERING FOR ENGINEERING SERVICES
ASSOCIATED WITH THE PINE HOLLOW DRAINAGE STUDY.
Mr. Alan Mueller, Deputy City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ALONG CLEAR CREEK.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
15.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ACQUISITION OF LAND ALONG CLEAR CREEK. City Council.
XI. ADJOURNMENT
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