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2003-06-23 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL June 23, 2003 7:30 p.m. MAYOR Tom Reid Richard Tetens Mayor Pro-Tem Position No. 1 COUNCIL MEMBERS Woody Owens Position No. 2 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 I 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 JUNE 23, 2003, 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 June 2, 2003, Special Meeting at 6:00 p.m. 2. Minutes of the June 9, 2003, Regular Council Meeting at 7:30 p.m. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-660 - 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 4.6945 ACRES, SITUATED IN THE NORTHEAST ONE- Page 1 of 6 - 6/23/2003 QUARTER OF SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS (2318 MANVEL ROAD)(APPLICATION NO. 1106) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF WILLIAM J. COOK, AGENT FOR WILLIAM F. HAWK, 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. 509-661 - 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 10.2571 ACRES, BEING OUT OF AND A PART OF LOTS 6 & 7, BLOCK 10, ALLISON RICHEY GULF COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION, SECTION 4, T.C.R.R. COMPANY SURVEY, ABSTRACT 675, BRAZORIA COUNTY, TEXAS (SHADOW CREEK PARKWAY) (APPLICATION NO. 1103) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF NEW BETHLEHEM MISSIONARY BAPTIST CHURCH AND PLEASANT GROVE BAPTIST 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. 509-662 - 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 .28 ACRES, BEING A PORTION OF TRACT 24 OF HAHL'S FIGLAND ORCHARD SUBDIVISION NO. 1, OF THE WEST ~ OF SECTION 13, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (5610 FITE ROAD) (APPLICATION Page 2 of 6 - 6/23/2003 Em NO, 1105) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF GUADALUPE RIOS, 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. 509-663 - 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 1.9355 ACRES, BEING OUT OF THE W.D.C. HALL SURVEY, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (2011 BROADWAY STREET) (APPLICATION NO. 1109) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF JOHN YOST, AGENT FOR VERNA YOST, 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. 1115 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT THE INTERSECTION OF FM 518 AND SUNRISE LAKE BLVD., IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1117 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY Page 3 of 6 - 6/23/2003 IX. X. DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF AUTUMN LAKES SECTION TWO. Mr. John Hargrove, City Engineer. SUBDIVISION CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR THE TOBACCO COMPLIANCE GRANT FOR LOCAL LAW ENFORCEMENT AGENCIES. Mr. J.C. Doyle, Chief of Police. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 181-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING CHAPTER 12, GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, IN ITS ENTIRETY AND ADDING CHAPTER 12, TO BE ENTITLED SOLID WASTE, FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO SOLID WASTE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1118 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF SEWER AND ELECTRICAL LINES INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attomey. Page 4 of 6 - 6/23/2003 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE BUILD-OUT OF THE PUBLIC WORKS SERVICE CENTER. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EMERGENCY INTERCONNECT AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 25. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR THE COPS IN SCHOOLS 2003 GRANT. Mr. J.C. Doyle, Chief of Police. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-89 - 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 HGAC FOR PREPARATION OF THE FM 518 CORRIDOR STUDY. Mr. Alan Mueller, Deputy City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR CITY FACILITIES. Mr. Darrin Coker, City Attomey. NEW BUSINESS (CONTINUED): CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR CITY FACILITIES. Mr. Darrin Coker, City Attomey. XI. ADJOURNMENT Page 5 of 6 - 6/23/2003 This site is accessible to disabled individuals. For special assistance, please call Young Lorfin.q at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 6 of 6 - 6/23/2003