2000-01-24 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON JANUARY 24, 2000, 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
II1. APPROVAL OF MINUTES:
1. Minutes of the January 10, 2000, Joint Public Hearing held at 6:30
p.m.
2. Minutes of the January 10, 2000, Public Hearing (Bella Vita) held at
6:30 p.m.
3. Minutes of the January 10, 2000, Public Hearing (R.O.W. Mykawa &
SH35) held at 7:00 p.m.
4. Minutes of the January 10, 2000, Public Hearing (R.O.W. Magnolia &
SH35) held at 7:00 p.m.
5. Minutes of the January 10, 2000, Regular Council Meeting held at
7:30 p.m.
IV. MAYOR'S ACTIVITY REPORT
V. COUNCIL ACTIVITY REPORTS
VI. CITY MANAGER'S REPORT
VII. CITIZENS
VIII. DOCKETED PUBLIC HEARING: None
IX. 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
Page 1 of 7 - 1/24/2000
AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MA TTERS REMOVED
FROM CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS
THE ITEMS OF LEGISLATION.
Am
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 945 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING
McHARD ROAD WEST OF SH 288 AMD EAST OF FM 521 AS
SHADOW CREEK PARKWAY; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-393-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 CABINET/FURNITURE/ARCHITECTURAL
MILLWORK SHOP ON. THE FOLLOWING PROPERTY, TO-WIT
BEING TRACT I-1 ACRE OUT OF LOT 8; TRACT I1-1.36 ACRES
OUT OF LOT 8; TRACT 111-1.0001 ACRE TRACT OUT OF LOT 9,
ALL OUT OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4,
SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, BRAZORIA
COUNTY, TEXAS APPLICATION NO. 848 & SPECIFIC USE NO.
74) (5713 COTTONWOOD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS -
SPECIFIC USE (GB-S) AT THE REQUEST OF FOLLETT
VENEERS, 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.
CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-394 - 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,
Page 2 of 7 - 1/24/2000
Xw
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 1.25 ACRES SITUATED IN LOT 57, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. &
B.R.R. CO. SURVEY, A-243, BRAZORIA CO., TEXAS ACCORDING
TO THE PLAT RECORDS IN VOLUME 2, PAGES 23-24, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
849) (14015 CR 556 (GARDENS)) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF GREGORY R.
MOORE & SUSAN C. DIETERICH, 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.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - SETTING OF A
PUBLIC HEARING TO DISCUSS AND REVIEW THE UPDATED
LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2000-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CHANGE ORDER WITH LEM
CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF
EMERGENCY POWER WIRING AT THE ALICE STREET WATER
PLANT, LIBERTY DRIVE WATER PLANT, WALNUT STREET
WASTEWATER LIFT STATION, AND TWIN CREEKS WOOD
WASTEWATER LIFT STATION. Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF
WEST OAKS SECTION 3-C. Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2000-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
Page 3 of 7 - 1/24/2000
HIS DESIGNEE TO EXECUTE AN EASEMENT IN FAVOR OF
RELIANT ENERGY HL&P, A DIVISION OF RELIANT ENERGY, INC.
Mr. Alan Mueller, Deputy City Manager..
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 947 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING,
CLOSING, AND ABANDONING A CERTAIN ROAD RIG HT~OF-WAY
LOCATED ALONG KNAPP ROAD, WITHIN THE CORPORATE CITY
LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN
ACCORDANCE WITH ORDINANCE NO. 788; HAVING A SAVINGS
CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO VACATE, CLOSE, AND ABANDON UNNECESSARY
ROAD RIGHTS-OF-WAY INURES TO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin
Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 948 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING,
CLOSING, AND ABANDONING A CERTAIN SIXTY FOOT (60')
WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY LOCATED
BETWEEN STATE HIGHWAY 35 AND VETERANS DRIVE, WITHIN
THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA
COUNTY, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788;
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO VACATE, CLOSE, AND
ABANDON UNNECESSARY ROAD RIGHTS-OF-WAY INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2000-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUPPORTING ROAD CONSTRUCTION
PROJECTS FOR PEARLAND PARKWAY FROM OILER DRIVE TO
GALVESTON COUNTY LINE, BAILEY ROAD FROM SH 35 TO SH
Page 4 of 7 - 1/24/2000
288, McHARD ROAD FROM MYKAWA ROAD TO SH 288, AND
SUBJECT TO THE AWARD OF SAID PROJECTS, COMMITTING
FUNDS TOWARD THE PRELIMINARY ENGINEERING AND
ENVIRONMENTAL ASSESSMENTS ASSOCIATED THEREWITH.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2000-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF
"SURPLUS PROPERTY" BELONGING TO THE CITY AND
DETERMINING THE NEED FOR A PUBLIC AUCTION TO
FACILITATE THE PROPER DISPOSITION OF THE CITY'S
"SURPLUS PROPERTY". Mr. Jerry Bums, Public Works Director.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 946 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS
OF THE CITY OF PEARLAND UPON SUNRISE BOULEVARD IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
BROADWAY STREET (FM 518), UPON SUNRISE BOULEVARD IN
A NORTHERLY DIRECTION AT ITS INTERSECTION WITH
SUNLAKE DRIVE, UPON SUNDAY HOUSE DRIVE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNLAKE
DRIVE, UPON SUNDAY HOUSE DRIVE IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH SUNDOWN DRIVE,
UPON SUNBIRD COURT IN A SOUTHERLY DIRECTION AT ITS
INTERSECTION WITH SUNLAKE DRIVE, UPON SUNFISH DRIVE
IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
SUNLAKE DRIVE, UPON SUNDOWN DRIVE IN AN EASTERLY
DIRECTION AT ITS INTERSECTION WITH SUNFISH DRIVE, UPON
SUNDOWN DRIVE IN A WESTERLY DIRECTION AT ITS
INTERSECTION WITH SUNFISH DRIVE, UPON SUNPERCH
COURT IN A WESTERLY DIRECTION AT ITS INTERSECTION
WITH SUNFISH DRIVE, UPON SUMMER SUN LANE IN A
WESTERLY DIRECTION AT ITS INTERSECTION WITH SUNFISH
DRIVE, UPON SUNFISH DRIVE IN A NORTHERLY DIRECTION AT
ITS INTERSECTION WITH SUNDANCE DRIVE, UPON SUNFISH
DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION
WITH SUNDANCE DRIVE (SUNRISE LAKES, SECTION ONE);
Page 5 of 7 - 1/24/2000
10.
11.
12.
13.
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION,
AND FOR CODIFICATION; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT
INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. John
Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT -
REAPPOINTMENT OF TIRZ NO. 1 BOARD MEMBERS. Mr. Alan
Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2000-12 - A RESOLUTION OF THE CITY COUNCl L OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH
ENGINEERING, INC. FOR ENGINEERING SERVICES
ASSOCIATED WITH SUBURBAN GARDENS ROAD WATER
DISTRIBUTION IMPROVEMENTS. Mr. Jerry Burns, Public Works
Director.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2000-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING A REPRESENTATIVE OF
THE CITY OF PEARLAND TO THE BRAZORIA COUNTY
COMMUNITY DEVELOPMENT ADVISORY BOARD. Mayor Tom
Reid.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING ORDINANCE NO. 919-1 -AN ORDINANCE OFTHE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 919, THE 2000 ANNUAL BUDGET ORDINANCE,
BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN
GENERAL FUND, WATER AND SEWER FUND, PEDC FUND,
IMPACT FUND, 1997 CERTIFICATES OF OBLIGATION FU ND, AND
CAPITAL PROJECTS FUND LINE ITEMS FOR MUNICIPAL
PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE
Page 6 of 7 - 1/24/2000
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. Mr. David Cast#lo, Director of Finance.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION551.071-CONSULTATIONWITHTHECITYATTORNEY
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE
FINDINGS OFTHEINDEPENDENTINVESTIGATION.
SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY
REGARDING THE POTENTIAL LITIGATION- CULLEN AREA.
NEW BUSINESS(CONTINUED):
14.
CONSIDERATION AND POSSIBLE ACTION-INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH THE FINDINGS OF THE INDEPENDENT
INVESTIGATION. Mr. Darrin Coke~ CityA~omey.
15.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITYATTORNEY REGARDING THE POTENTIAL LITIGATION
CULLEN AREA. Mr. Darrin Coker, City Attomey.
XlI. ADJOURNMENT
For special assistance, please call YOUNG LORFING at 281- 652-1655 prior to the
meeting so that appropriate arrangements can be made.
Page 7 of 7 - 1/24/2000