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1999-03-29 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 29, 1999, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: 2. 3. 4. 5. 6. Minutes of the March 8, 1999, Public Hearing held at 6:30 p.m. Minutes of the March 8, 1999, Public Hearing held at 7:00 p.m. Minutes of the March 8, 1999, Regular Council Meeting held at 7:30 p.m. Minutes of the March 15, 1999, Joint Public Hearing held at 6:30 p.m. Minutes of the March 15, 1999, Public Hearing held at 6:30 p.m. Minutes of the March 15, 1999, Special Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT Presentation by Fred Welch, Executive Director, Brazoria County Partnership. Proclamation - Keep Pearland Beautiful Month. Presentation of the Texas Recreation and Parks Society's Region IV "Award for Excellence in Marketing" to the Parks and Recreation Department. V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT VII. CITIZENS VIII. DOCKETED PUBLIC HEARINGS: NONE IX. CONSENT AGENDA ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LITTLE OR NO Page 1 of 10 - 3/29/1999 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. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 220-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 30-35, DEPOSITS REQUIRED, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ORGANIZE AND UPDATE THE CITY'S UTILITIES FEE STRUCTURE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 645-1 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 6, RETURNED CHECK FEE, OF CHAPTER 2, ADMINISTRATION, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 645), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO REFLECT THE INCREASE IN ACTUAL COSTS INCURRED IN PROCESSING RETURNED CHECKS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 898 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAXABA TEMENT PURSUANT TO RESOLUTION NO. R98-59; DESIGNATING AND DESCRIBING A REI NVESTMENT Page 2 of 10 - 3/29/1999 ZONE (TO BE KNOWN AS REINVESTMENT ZONE #5), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAXABATEMENTAGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-288-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 THE SOUTH 87,5 FEET OF LOT 8 & THE NORTH 12.5 FEET OF LOT 9, BLOCK 6, HICKORY CREEK PLACE SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A-219, VOLUME 11, PAGES 1-2, BRAZORIA COUNTY PLAT RECORDS (APPLICATION NO. 750) (14011 SUBURBAN GARDEN ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF VIRGIL COY & GRACE M. ELLIOTT, 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. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-289 -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 LOCATED IN Page 3 of 10 - 3/29/1999 THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 509, 510, 570, 585, 601, 605, 627, 633, 672, & 688) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-290 -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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 697, 698, 699,700, 701, 702,703,704, 705, 706,707,708,709,710,711,712,713,714, 715, 716,717,718,720,721,722, 723,724, 725, 726,727,728,729,730, 731, 732, 733, 734,) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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. X. MATTERS REMOVED FROM CONSENT AGENDA XI. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998, BY NULL-LAIRSON, AND ACCEPTANCE OF AUDIT INTO THE RECORDS OF THE CITY. Page 4 of 10 - 3/29/1999 m CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 862-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 862, THE 1999 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN GENERAL FUND LINE ITEMS AND WATER AND SEWER FUND LINE ITEMS FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-22 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH CARTER- BURGESS FOR DESIGN AND CONSTRUCTION/ADMINISTRATION OF THE FITE-HARKEY INTERCEPTOR, WEST LEA-RAVENWOOD TRUNK SEWER, AND McHARD ROAD TRUNK SEWER. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-20 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH CLAUNCH & MILLER, INC. ENGINEERING CONSULTANTS FOR SERVICES TO PRODUCE STANDARD CONSTRUCTION SPECIFICATIONS FOR THE CITY OF PEARLAND. CONSIDERATION AND POSSIBLE ACTION - COUNCIL ACCEPTANCE OF THE VILLAGES OF EDGEWATER ESTATES, SECTION THREE SUBDIVISION. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 5 of 10 - 3/29/1999 10. PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE WITH THE PEARLAND/HOBBY AREA CHAMBER OF COMMERCE FOR THE LEASE OF REAL PROPERTY FROM THE CITY OF PEARLAND FOR THE FUTURE CONSTRUCTION OF A NEW CHAMBER FACILITY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT WITH METRICOM, INC., A DELAWARE CORPORATION, TO PERMITTHE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A WIRELESS DIGITAL DATA COMMUNICATIONS RADIO NETWORK WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCALAGREEMENTWITH BRAZORIA DRAINAGE DISTRICT NO. 4 TO COOPERATE IN THE CLEARING OF THE DITCH AREA BEGINNING AT HICKORY CREEK AND EXTENDING TO THE THIRD COAST PACKAGING, INC. SWITCH. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-23 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH MANVEL EMS TO PROVIDE EMERGENCY AMBULANCE SERVICE TO ANY INDIVIDUAL LOCATED WITHIN PEARLAND'S BRAZORIA COUNTY EXTRATERRITORIAL JURISDICTION LYING SOUTH OF BRAZORIA COUNTY ROAD 59. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE'NO. 181-4- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, SECTION 12-2, DUMPING OF GARBAGE TRASH GENERALLY, OF CHAPTER 12, ENTITLED GARBAGEAND TRASH, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM Page 6 of 10 - 3/29/1999 1t. 12. 13. 14. 15. TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO AVOID THE ADOPTION OF CONFLICTING SECTIONS IN THE PEARLAND CODE OF ORDINANCES REGARDING THE DUMPING OF GARBAGE AND TRASH INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 181-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW SECTION 12-2, DUMPING OF GARBAGE TRASH PROHIBITED, OF CHAPTER 12, ENTITLED GARBAGE AND TRASH, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; PROVIDING A PROHIBITION AGAINST THE DUMPING OF GARBAGE AND TRASH WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROHIBIT THE DUMPING OF GARBAGE AND TRASH INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-039 FOR SWIMMING POOL CHEMICALS AND SERVICES. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-026 PARKING LOT EXPANSION FOR CENTENNIAL PARK. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-033 FOR CONCRETE PAVING AT THE PUBLIC SAFETY (FIRE)TRAINING FACILITY. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-048 FOR FLEET VEHICLES. Page 7 of 10 - 3/29/1999 16. '17. 18. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF CONNIE BEAUMONT, BILL CHASE, CALVIN COLLIER, RANDALL FERGUSON, DENNIS FRAUNBERGER, SUSAN LENAMON AND CHARLIE PHILIP TO SERVE ON THE BOARD OF DIRECTORS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION EFFECTIVE MAY 1, 1999. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-29'1 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 4.542 ACRES, A PART OF LOT 1, BLOCK 26, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 4, TCRR SURVEY, A-675, VOLUME 2, PAGE 99, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 690) (15707 SOUTH FREEWAY 288) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAMES W. & BARBARA A. DIXON, 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. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-292 - 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 BEING 9.983 ACRES, CALLED TRACT 16, H.T. & B.R.R CO. SURVEY, SECTION 7, A-219, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 644) (13801 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF CARL A. DAVIS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A Page 8 of 10 - 3/29/1999 SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 19. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-293 - 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 LOCATED ON BEING LOT 12 & THE EAST 1/2 OF LOT 11, BLOCK 3, CAS-CON ACRES, BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509, VOLUME 5, PAGE 127, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 620) (6225 COTTONWOOD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING (R-l) AT THE REQUEST OF JAMES SANDLING, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CO, NTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 20. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-294 -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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 628, 629, 630, 631,636, 638, 639, & 673) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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. Page 9 of 10 - 3/29/1999 OTHER BUSINESS: XII. ADJOURNMENT For special assistance, please call YOUNG LORFING at 281-485-2411/Ext. 341 prior to the meeting so that appropriate arrangements can be made. Page 10 of' 10 - 3/29/1999