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2004-04-12 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON APRIL 12, 2004, 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 2. 3. 4. Presentation of Proclamation "17th Annual Crawfish Festival Day." Presentation of Proclamation "Crime Victims' Rights Week." Presentation of Proclamation "Fair Housing." Presentation of the Lone Star Programming Award to the Parks and Recreation Department. Update from Keep Pearland Beautiful- Household Hazardous Material Collection Day. 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 (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the March 22, 2004, Regular Council Meeting held at 7:30 p.m. Page 1 of 9 - 4/12/2004 E= IX. X. 1. 2. Minutes of the March 29, 2004, Special Meeting held at 7:00 p.m. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR MEETING HELD ON MARCH 22, 2004. City Council. CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF SHADOW CREEK RANCH SF-22. Mr. Doug Kneupper, City Engineer. SUBDIVISION CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF LAKES AT HIGHLAND GLEN SECTION 8. Mr. Doug Kneupper, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-48 - 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 THE GULF COAST WATER AUTHORITY FOR THE PURCHASE OF WATER CAPACITY IN THE SOUTHEAST WATER PLANT. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND GENERALLY LOCATED ALONG ANAGNOST ROAD (UNOPENED) AND RILEY ROAD (UNOPENED) IN THE ALLISON- RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION F, JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS. Mr. Alan Mueller, Deputy City Manager. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-704 - 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 39.50 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76, BEING A PORTION OF THE Page 2 of 9 - 4/12/2004 SAME 181.6209 ACRE SURVEY AS RECORDED IN VOLUME 1596, PAGE 93 OF THE BRAZORIA COUNTY DEED RECORDS; AND 83.83 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 233, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY RECORDED IN VOLUME 1596, PAGE 93 OF THE SAME BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 1156) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF PAUL GROHMAN, AGENT FOR SUE MORRISON, 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 - FIRST READING OF ORDINANCE NO. 509-705 -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 29.4 ACRES OF LAND, MORE OR LESS, BEING OUT OF LOTS 172 AND 173 OF SAID W. ZYCHLINSKI'S SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, SECTION 27, ABSTRACT - 308 AND G. C. SMITH SURVEY, SECTION 27, ABSTRACT - 551 AND OUT OF THAT TRACT AS DESCRIBED IN A DEED FILED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY AT VOLUME (90) 799, PAGE 40 AND 98-035795 (GENERALLY LOCATED ON THE WEST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND SOUTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1158) FROM CLASSIFICATION MULTI-FAMILY DISTRICT (MF) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF THE CITY OF PEARLAND, 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 - FIRST READING OF ORDINANCE NO. 509-706 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 3 of 9 - 4/12/2004 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 5.2 ACRES OF LAND, MORE OR LESS, BEING OUT OF LOT 173 OF SAID W. ZYCHLINSKI'S SUBDIVISION, G. C. SMITH SURVEY SECTION 28, ABSTRACT - 1758, PAGE 28 BRAZORIA COUNTY DEED RECORDS AND IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERKS FILE NUMBER 96-001936 (GENERALLY LOCATED ON THE WEST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND SOUTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1157) FROM CLASSIFICATION MULTI- FAMILY DISTRICT (MF) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF THE CITY OF PEARl_AND, 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 - FIRST READING OF ORDINANCE NO. 509-707 -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 14.1 ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 29, 30 AND 43, GEORGE W. JENKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 2, PAGE 20 BRAZORIA COUNTY PLAT RECORDS, S. F. PERRY& E. M. AUSTIN SURVEY, ABSTRACT 111 (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518, AND EAST OF PINE HOLLOW DRIVE) (APPLICATION NO. 1160) FROM CLASSIFICATION MULTI- FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF THE CITY OF PEARLAND, 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. Page 4 of 9 - 4/12/2004 CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-708 -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 63.2 ACRES, MORE OR LESS, BEING OUT OF W. ZYCHLINSKI'S SUBDIVISION OF SECTIONS 27 & 28 IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT- 551 FILED IN VOLUME 29, PAGE 9 BRAZORIA COUNTY DEED RECORDS AND THE H. STEVENS SURVEY, ABSTRACT - 594, PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING OUT OF THOSE TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 99-040666 AND 02-028656 AND IN A DEED AS FILED IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 02-037050 (GENERALLY LOCATED ON THE WEST SIDE OF FUTURE PEARLAND PARKWAY, AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1161) FROM CLASSIFICATION MULTI-FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF THE CITY OF PEARLAND, 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 - FIRST READING OF ORDINANCE NO. 509-709 - 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 1.5 ACRES OF LAND SITUATED IN LOT 77 OF FIGLAND ORCHARD SUBDIVISION OF A PART OF SECTION 13 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240 AS RECORDED IN VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF WAGON TRAIL ROAD, AND SOUTH OF BARDET STREET) APPLICATION NO. 1153) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT Page 5 of 9 - 4/12/2004 m THE REQUEST OF EVANGELOS GOLFIS, 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 - FIRST READING OF ORDINANCE NO. 509-710 -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 6.9 ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 'C' AND 'D' OF THE SUBDIVISION OF SECTION 1, A.C.H. & B.R.R. CO. SURVEY, A - 147 FILED IN VOLUME 2, PAGE 1 BRAZORIA COUNTY PLAT RECORDS, PEARLAND, BRAZORIA COUNTY, TEXAS AND BEING OUT OF THOSE TRACTS DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NUMBER 98-043412 AND 00-047831 (GENERALLY LOCATED ON THE NORTH SIDE OF WALNUT STREET, AND ON THE EAST SIDE OF GALVESTON AVENUE) (APPLICATION NO. 1159) FROM CLASSIFICATION MULTI-FAMILY DISTRICT (MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF THE CITY OF PEARLAND, 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 - FIRST READING OF ORDINANCE NO. 509-711 -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 36, WESTCHESTER ESTATES, ABSTRACT 242, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF MANVEL ROAD, AND NORTH OF WESTCHESTER CIRCLE) (APPLICATION NO. 1142) FROM Page 6 of 9 - 4/12/2004 10. 11. 12. CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF VINCENT Z. RAMIREZ, 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 - FIRST READING OF ORDINANCE NO. 1158 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 19, NOISE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, BY REPEALING ARITICLE I IN ITS ENTIRETY AND ADDING A NEW ARTICLE I, FOR THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO NOISE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #3 SUPPLEMENT #9 FOR VEGETATIVE BOTTOM DESIGN SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (WEST MARY'S CREEK DETENTION FACILITY). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE MISCELLANEOUS ROAD IMPROVEMENTS-GROUP 3, ASSOCIATED WITH THE MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO JOIN A COALITION AND TO INTERVENE IN PROCEEDINGS RELATED TO THE APPLICATION OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, RELIANT ENERGY RETAIL SERVICES, LLC AND TEXAS GENCO, LP TO DETERMINE STRANDED COSTS AND OTHER TRUE-UP BALANCES PURSUANT TO PURA § 39.262; AUTHORIZING THE Page 7 of 9 - 4/12/2004 13. 14. 15. CITY ATTORNEY TO REPRESENT THE CITY AND TO TAKE APPROPRIATE ACTIONS RELATING TO SUCH PROCEEDINGS; MAKING CERTAIN FINDINGS RELATED THERETO. Mr. Chris Kidwell, Administrative Analyst. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION ON RAIN AND STREAM GAUGE STATIONS. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-$3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH BERG-OLIVER ASSOCIATES, INC. FOR ENVIRONMENTAL ASSESSMENT AND SITE PLANNING SERVICES ASSOCIATED WITH CITY OWNED PROPERTY. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DETENTION POND EROSION PROTECTION AND APPROVING CHANGE ORDER NO. 1 FOR A REDUCTION OF THE SCOPE OF SERVICES AND COSTS ASSOCIATED WITH THE PROJECT. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE 1. SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE CITY FACILITIES. Mr. Darrin Coker, City Attorney. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR CITY PROPERTY. Mr. Darrin Coker, City Attomey. Page 8 of 9 - 4/12/2004 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION - ZONING. Mr. Darrin Coker, City Attorney. SECTION 551.074 - PERSONNEL MATTERS - ANNUAL EVALUATION OF THE CITY MANAGER. City Council. NEW BUSINESS (CONTINUED): 16. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE CITY FACILITIES. Mr. Darrin Coker, City Attomey. 17. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR CITY PROPERTY. Mr. Darrin Coker, City Attorney. 18. CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION - ZONING. Mr. Darrin Coker, City Attomey. 19. CONSIDERATION AND POSSIBLE ACTION - REGARDING ANNUAL EVALUATION OF THE CITY MANAGER. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 9 of 9 - 4/12/2004