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2000-12-11 (7:00 PM) CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON DECEMBER 11, 2000, AT 7:00 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 November 20, 2000, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the November 27, 2000, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the November 28, 2000, Special Meeting held at 6:00 p.m. 4. Minutes of the December 4, 2000, Public Hearing held at 6:30 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 AGEN DA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. Page 1 of 8 - (7:00) 12/11/2000 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-497 - AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE C'ITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2 TRACTS TOTALING 6.564 ACRES IN THE JAMES HAMILTON SURVEY, A-881, HARRIS COUNTY, TEXAS (APPLICATION NO. 948) (14007 SOUTH FREEWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF REVEREND JAMES T. PAYNE, AGENT, FOR ST. THOMAS OF CANTERBURY CHURCH, 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 - SECOND AND FINAL READING OF ORDINANCE NO. 509-498 -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 50' WIDE ADJOINING AND ADJACENT TO AND RUNNING PARALLEL WITH THE G. C. & S. F. RIGHT OF WAY AND LYING BETWEEN BLOCK 19, PEARLAND TOWNSITE AND G. C. & So F. RIGHT OF WAY, AS RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 942) (2411 S. TEXAS) FROM CLASS- IFICATION MULTI-FAMILY DWELLING DISTRICT (MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLES TERRY GRAY, 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 - (7:00) 12/11/2000 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-499 -AN ORDINANCE OFTHE 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 PART OF BLOCK 17 OF THE FIGLAND ORCHARD SUBDIVISION NO. 1, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 3, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 952) (2853 WAGON TRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF ASUNCION ESPARZA, 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 - 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 PROHIBITING 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. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - BOARD APPOINTMENTS AND REAPPOINTMENTS TO TIRZ NO. 1, LIBRARY BOARD, GAS AND PLUMBING BOARD OF ADJUSTMENTS, ELECTRICAL BOARD, CHANNEL REVIEW BOARD AND THE BUILDING CODE BOARD OF ADJUSTMENTS. Mr. Alan Mueller, Interim City Manager. Page 3 of 8 - (7:00) 12/11/2000 Xm CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B2000-036 FOR CONSTRUCTION OF THE DAVID L. SMITH SITE EAST POND REGIONAL DETENTION BASIN. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-144-A RESOLUTION OFTHE CITYCOUNCIL OFTHE CITY OF PEARLAND, TEXAS, APPROVING THE PURCHASE OF A NETWORK INFORMATION SYSTEM UPGRADE AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID PURCHASE. Mr. Gordon Island, Purchasing Officer. Hm CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING THE CITY'S WIRELESS SERVICE AGREEMENT WITH SOUTHWESTERN BELL AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO SAID CONTRACT. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R98-49 AND SETTING FORTH THE RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. MA'FrERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING CONTROL AND OPERATION OF THE ROGER LEWIS WATER SYSTEM. Mr. Alan Mueller, Interim City Manager. Page 4 of 8 - (7:00) 12/11/2000 CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 992 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OFA SUBDIVISION GROUND SIGNS INTO THE CITY'S RIGHT-OF-WAY LOCATED AT THE INTERSECTIONS OF MILLER RANCH ROAD AND WEST HAMPTON DRIVE, AND HUGHES RANCH ROAD AND SOUTH HAMPTON DRIVE, IN THE CITY OF PEARLAND, BRAZORIA' COUNTY, TEXAS. Mr. Tobin Maples, Manager of Administrative Support. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 993 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SUBDIVISION GROUND SIGN INTO THE CITY'S RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF AUTUMN LAKE TRAIL AND MILLER RANCH ROAD, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Tobin Maples, Manager of Administrative. Support. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 985-1 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 985, THE 2000-2001 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN GENERAL FUND LINE ITEMS, PEDC LINE ITEMS, WATER AND SEWER LINE ITEMS, UTILITY IMPACT LINE ITEMS, REGIONAL DETENTION LINE ITEMS, CAPITAL PROJECTS LINE ITEMS, ROAD AND BRIDGES LINE ITEMS, SOUTHWEST ENVIRONMENTAL LINE ITEMS, CAPITAL IMPROVEMENTS 97 LINE ITEMS, 97A CERTIFICATE OF OBLIGATIONS LINE ITEMS, 98 CERTIFICATE OF OBLIGATIONS LINE ITEMS, TIRZ #2 SHADOW CREEK RANCH LINE ITEMS~ 99 WATER AND SEWER REVENUE BONDS LINE ITEMS, AND GRANTS 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, Page 5 of 8 - (7:00) 12/11/2000 r-- SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jim Causey, Director of Finance. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-500 - 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 A 7.066 ACRE TRACT OF LAND BEING 587.40' OF LOT 41, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, H. T. & B. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 954)(4634 HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF RICHARD W. DIESE, AGENT, FOR MARY J. RISER, JENNIE LITTLE LEAZER, HECTOR & MARIA RIOS, 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. 509-501- 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 1.16 ACRES OUT OF LOT 49, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H. T. & B. R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 955)(HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R- 1) AT THE REQUEST OF LARRY MOSER, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN Page 6 of 8 - (7:00) 12/11/2000 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. 509-502 - 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 LOT 1, BETHEL SUBDIVISION, SECTION 1, H. T. & B. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 958)(LEE ROAD @ HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMEN'[ DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF CRUZ A. SOSA, 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. 953) AT THE REQUEST OF JOSE DAVID ROSA, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY BEING LOT 19, BLOCK 3, SKYWAY MANOR SUBDIVISION, H. T. & B. R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGES 67-68, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2951 MANVEL ROAD). 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. 957) AT THE REQUEST OF EDWARD MALDONADO, AGENT, FOR JOSE C. RODRIGUEZ, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID Page 7 of 8 - (7:00) 12/11/2000 10. CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY BEING 16.655 ACRES IN SECTION 17 OF THE H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS (7434 BROADWAY STREET). 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. 959) AT THE REQUEST OF C.A. LILLEY, AGENT FOR THE MEADOWS, 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 THE SOUTHWESTERLY 3.091 ACRES OF LOT 14, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SURVEY NO. 8, H. T. & B. R.R. CO. SURVEY, A-504, BRAZORIA COUNTY, TEXAS (2145 ROY ROAD). Mr. Tobin Maples, Manager of Administrative Support. OTHER BUSINESS: XII. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 8 of 8 - (7:00) 12/11/2000