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2000-11-13 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 13, 2000, 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: 1. Minutes of the October 23, 2000, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the October 23, 2000, Regular Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT 1. Presentation from the United States Postal Service regarding a new Post Office in the City of Pearland. VII. CITIZENS VIII. DOCKETED PUBLIC HEARING: None IX. CONSENT/~GENDA: ALL ITEMS LISTED UNDER THE "CONSENTAGENDA" ARE CONSIDEREDTO 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 CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. Page 1 of 8 - 11/13/2000 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-494 -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 11.983 ACRES OUT OF A 27.056 ACRE TRACT OUT OF A 48.035 ACRE TRACT BEING THE EASTERLY PART OF A 94.243 ACRE TRACT IN THE F.B. DRAKE SURVEY, A-1181, AND THE H. T. & B. R.R. CO. SURVEY, A-413, HARRIS COUNTY, TEXAS, AS RECORDED IN VOLUME 1288, PAGE 299, DEED RECORDS OF HARRIS COUNTY, TEXAS (APPLICATION NO. 950)(3350 S. SAM HOUSTON PARKWAY EAST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF, MICHAEL J. PLANK, OWNER, PROVIDING FORAN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-495 -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 .76 ACRES OF LAND SITUATED IN A 10 ACRE TRACT IN THE SOUTH Y2 OFTHE NORTHEAST 1/4 OFTHE SOUTHEAST 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA COUNTY, TEXAS; (CALLED LOT 7 OF THE UNRECORDED SHARONDALE SUBDIVISION) (APPLICATION NO. 949) (6034 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R- 1) AT THE REQUEST OF BRUCE L. REGLING, 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, Manager of Administrative Support. Page 2 of 8 - 11/13/2000 MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 513-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR PURPOSES OF REGULATING TRENCH-BURNS; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE TRENCH-BURNS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Larry Steed, Fire Marshal CONSIDERATION AND POSSIBLE ACTION - REGARDING THE DESIGN OF A NEW WATER TOWER. Mr. Alan Mueller, Interim City Manager. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ANNEXATION OF APPROXIMATELY 300 ACRES WEST OF MAX ROAD. Mr. Alan Mueller, Interim City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-137 - 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 BOB HOLT FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE FITE ROAD AND HARKEY ROAD SANITARY SEWER IMPROVEMENTS. Mr Michael Ross, Project Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CONTRACT WITH MONTGOMERY WATSON, INC. FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER TRANSMISSION LINE AND WATER PLANT FACILITY. MrMichael Ross, Project Manager. Page 3 of 8 - 11/13/2000 10. 11. 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS REQUIRED FOR THE CITY'S PARTICIPATION IN THE HOUSTON-GALVESTON AREA COUNCIL'S TELEWORK PILOT PROGRAM. Mr. Chris Kidwell, Grants Coordinator. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-139 - A RESOLUTION O F THE CITY CO U NCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES TO ASSESS THE IMPACT OF STORMWATER INFILTRATION AND INFLOW AT THE BARRY ROSE WASTEWATER TREATMENT FACILITY. Mr. Alan Mueller, Interim City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LICENSE AGREEMENT WITH KINDER MORGAN TEXAS PIPELINE, INC. FOR THE PLACEMENT OF WATER AND SANITARY SEWER LINES AND FOR THE EXTENSION OF KIRBY DRIVE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SOUTH HAMPTON SECTION TWO. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF BELLAVITA. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF AUTUMN LAKES SECTION ONE. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ODOR NEUTRALIZING CHEMICALS TO BE USED FOR THE TREATMENT OF WASTEWATER AT THE LONGWOOD WASTEWATER Page 4 of 8 - 11/13/2000 13. 14. 15. 16. 17. 17A. TREATMENT PLANT TO ARMOR RESEARCH COMPANY. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-133 - A RESOLUTION OF THE CITY COU NCI L O F THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR STREET SWEEPING SERVICES TO KUSTOM KLEEN OF TEXAS. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-134 - A RESOLUTION OF THE CITY COU NCI L 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 LIGHT TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-135 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONCRETE PAVING AT THE CITY'S FIRE TRAINING FACILITY TO STEVEN R. HILL CONSTRUCTION. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR COUNCIL MEETING HELD ON OCTOBER 23, 2000. City Council. REMOVE FROM TABLE ORDINANCE NO. 509-491. City Council. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-491 - 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 TELECOMMUNICATIONS TOWER ON THE FOLLOWING PROPERTY, BEING THE SOUTH ~ OF LOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H. T. & B. R.R. Page 5 of 8 - 11/13/2000 18. 19. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 90) (2521 MAX ROAD)FROM CLASSIFICATION GENERAL BUSINESS-SPECIFIC USE (GB-S) FOR A HOME TO GENERAL BUSINESS DISTRICT-SPECIFIC USE-SPECIFIC USE (GB-S-S) FOR ASPECIFIC USE PERMITFORATELECOMMUNICATIONSTOWER AT THE REQUEST OF MARK SUBER, AGENT FOR LOYE & MARY YOUNG, 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, Manager of Administrative Support. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-496 - 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 56.91 ACRES OF LAND, MORE OR LESS, OUT OF THE H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA COUNTY TEXAS (APPLICATION NO. 940) (MANVEL ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF GARY K. FERGUSON, AGENT FOR G.K.F. HOLDINGS, L.L.C., 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, Manager of Administrative Support. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 951) AT THE REQUEST OF BOBBY THOMPSON OF COLDWELL BANKER UNITED, AGENT FOR DANNY BLUMRICK, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) ON THE FOLLOWING DESCRIBED PROPERTY BEING 2.8041 ACRES OF LAND OUT OF A 9.29 ACRE TRACT OUT OF THE SOUTH ~ OF LOT 30 OF THE ALLISON RICHEY GULF Page 6 of 8 - 11/13/2000 COAST HOME CO. SUBDIVISION OF SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA COUNTY, TEXAS (OLD CHOCOLATE BAYOU ROAD). Mr. Tobin Maples, Manager of Administrative Support. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr Darrin Coker, City Attomey. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING LITIGATION - DISCUSSION REGARDING H.L. & P. CLASS ACTION LITIGATION. Mr Darrin Coker, City Attorney. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING LITIGATION -DISCUSSION REGARDING LAND USE LITIGATION. Mr Darrin Coker, City Attorney. SECTION 551.074 - PERSONNEL MA'I'I'ERS: DISCUSSION AND REVIEW OF PLANNING & ZONING COMMISSION APPLICATIONS. City Council. NEW BUSINESS(CONTINUED): 20. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr Darrin Ceker, City Attorney. 21. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING H.L. & P. CLASS ACTION LITIGATION. Mr Darrin Coker, City Attorney. 22. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LAND USE LITIGATION. Mr Darrin Coker, City Attorney. Page 7 of 8 - 11/13/2000 ,,~. 23. CONSIDERATION AND POSSIBLE ACTION REGARDING PLANNING & ZONING COMMISSION APPLICATIONS. City Council. XII. ADJOURNMENT This site is accessible to disabled individuals, For special assistance, please call Young Lofting at (281) 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 8 of 8 - 11/13/2000