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2002-09-09 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL SEPTEMBER 9, 2002 7:30 p.m. MAYOR Tom Reid Woody Owens Mayor Pro-Tem Position No. 2 COUNCIL MEMBERS Richard Tetens Position No. 1 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 tin accordance with the Texas Open Meeting Act the Agenda is posted for public I 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 SEPTEMBER 9, 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. Presentation of Proclamation "Adult Literacy Month" 2. Presentation of Proclamation "Recognizing September 11,2001" 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: 1. Minutes of the AUgust 26, 2002, Public Hearing held at 7:15 p.m. 2. Minutes of the August 26, 2002, Regular Council Meeting held at 7:30 p.m. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF PARK VILLAGE SECTION 5. Mr. John Hargrove, City Engineer. Page 1 of 7 - 9/9/2002 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-604 - 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 A CHURCH ON THE FOLLOWING PROPERTY, BEING 3.525 ACRES, OUT OF TRACT 9 OF THE W. ZYCHLINSKI SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, SECTIONS 1,2,3 AND 4, A-233, 542, 232, AND 543, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1055 AND SPECIFIC USE NO. 111) (3521 ORANGE STREET) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO SINGLE FAMILY DWELLING DISTRICT -SPECIFIC USE (R-I(S)) AT THE REQUEST OF ST. STEPHEN LUTHERAN CHURCH, 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. 509-601 - 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 TRACT 1:9.51 ACRES BEING A PART OF LOT 18 AND ALL OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY, F.B. DRAKE SURVEY, A-504; AND TRACT 2: .0745 ACRES, BEING PART OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY, F.B. DRAKE SURVEY, A-504, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1054) (2425 ROY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF BECKY CORNELIUS, AGENT FOR CPI GROUP, INC., 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. Page 2 of 7 - 9/9/2002 Em CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-605 - 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 0.832 ACRES, TRACT F, OUT OF H.T. & B.R.R. COMPANY SURVEY, SECTION 7, A-219,BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1053)(1525 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF ERIC AND VALERIE HICKS, 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. 509-602 - 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 11.515 ACRES, LOTS 32 AND LOT 33, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, A-504, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1057) (1930 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF CITY OF PEARLAND, AGENT FOR ANTHONY WELDED PRODUCTS, 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. 509-606 - 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 Page 3 of 7 - 9/9/2002 IX. CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING PART OF LOT 32 AND LOT 33, SECTION 8 OF THE H. T. & B. R.R. COMPANY SURVEY, A-504, AS SHOWN BY THE ALLISON RICHEY GULF COAST HOME COMPANY PLAT, VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO, 1058) (1854 GARDEN ROAD) 'FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, CITY OF PEARLAND, AGENT FOR F.F.&E. FAMILY LIMITED PARTNERSHIP, 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. 1076 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1077 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2002, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $2,920,000 UNLIMITED TAX AND REVENUE BONDS, SERIES 2002. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF PARK VILLAGE SECTION 6. Mr. John Hargrove, City Engineer. MATTERS REMOVED FROM CONSENT AGENDA Page 4 of 7 - 9/9/2002 X. NEW BUSINESS lA. w CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE ACTION REGARDING THE SELECTION OF A MEDICAL AND LIFE INSURANCE PROVIDER FOR THE CITY OF PEARLAND EMPLOYEES. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SELECTION OF A MEDICAL AND LIFE INSURANCE PROVIDER FOR THE CITY OF PEARLAND EMPLOYEES. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR BANK DEPOSITORY SERVICES. Ms. Cynthia Soto, Interim Director of Finance. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT") FOR PURPOSES OF INVESTING CITY FUNDS IN STATE AUTHORIZED SECURITIES. Ms. Cynthia Soto, Interim Director of Finance. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-141 - A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH HARRIS COUNTY ASSOCIATED WITH THE DIXIE FARM, YOST/SCARSDALE AND BARRY ROSE/HUGHES ROAD PROJECTS. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR MOWING SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Ed Hersh, Parks and Recreation Director. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #4 Page 5 of 7 - 9/9/2002 SUPPLEMENT #3 FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER FOR INFLOW AND INFILTRATION WORK ASSOCIATED WITH THE DIXIE HOLLOW SERVICE AREA. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - REGARDING A DIRECTIVE TO PREPARE ANNEXATION SERVICE PLANS FOR MUNICIPAL UTILITY DISTRICTS 1,2,3,4, AND 5. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO SERVE ON THE PARKS AND RECREATION BOARD. Mr. Ed Hersh, Parks and Recreation Director. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074- PERSONNEL MATTERS: REGARDING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. City Council. SECTION 551.071 - CONSULTATION WITH ATTORNEY: REGARDING POTENTIAL LITIGATION - REGARDING CITY FACILITIES. Mr. Darrin Coker, City Attomey. NEW BUSINESS (CONTINUED): 10. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. City Council. 11. CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO THE CITY ATTORNEY REGARDING CITY FACILITIES. City Council. Page 6 of 7 - 9/9/2002 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A NEED TO OCCUPY THE CULLEN SERVICE CENTER IN AN EFFORT TO PROVIDE FIRE AND EMS SERVICES TO RESIDENTS OF THE PEARLAND COMMUNITY. Mr. Darrin Coker, City Attorney. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 7 of 7 - 9/9/2002