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2001-02-26 CITY COUNCIL MEETING AGENDAAGENDA. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 26, 2001, 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. MAYOR'S ACTIVITY REPORT 1. Presentation from Junior Achievement of Brazoria County, Inc. 2. Proclamation - Girl Scouts. 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. MA TTERS REMOVED FROM CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the February 5, 2001, Joint Public Hearing held at 6:30 p.m. Page 1 of 9 - 2/26/2001 2. Minutes of the February 12, 2001, Regular Council Meeting ?" held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 943-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7.0, TRANSPORTATION, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN PEAR. LAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Manager of Administrative Support. C, CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO, 741-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING GUIDELINES FOR GENERAL REQUIREMENTS AND MINIMUM DESIGN STANDARDS FOR CUL-DE-SACS AND LENGTHS OF DEAD-END STREETS; HAVING A SAVINGS CLAUSE, ~ A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Manager of Administrative Support. D, CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO, 1004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF UP TO SIX MUNICIPAL UTILITY DISTRICTS WITHIN THE CITY'S CORPORATE BOUNDARIES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Darrin Coker, City Attomey. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO, 509~506 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN Page 2 of 9 - 2/26/2001 DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 10 ACRE TRACT OUT OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA CO., TX (APPLICATION NO. 965) (OLD CHOCOLATE BAYOU ROAD @ FITE ROAD) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON & ASSOCIATES, AGENT FOR SIGNATURE HOMES AND BAR CROSS LIMITED, 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. F. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-505 -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 1.14 ACRES OF LAND OUT OF THE SOUTHEAST CORNER OF 16.13 ACRES IN SECTION 17, H. T. & B. R.R. CO. SURVEY, A- 242, BRAZORIA CO., TX(APPLICATION NO. 962) (7407 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF H & R OPERATOR SERVICES, 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. Mr. Tobin Maples, Manager of Administrative Support. G. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-509-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 3 of 9 - 2/26/2001 TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.8041 ACRES OUT OF A CALLED 9.29 ACRE TRACT OUT OF THE SOUTH Y2 OF LOT 30, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX (APPLICATION NO. 963) (OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF BOBBY THOMPSON OF COLDWELL BANKER UNITED, AGENT FOR DANNY BLUMRICK 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. H. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-507-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 LOT 6, BETHEL SUBDIVISION, SECTION 2, BEING A 3.6419 ACRE TRACT OF LAND OUT OF 25.9538 ACRES OF LAND, OUT OF LOTS 39, 40, 55 AND 56, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H. T. & B. R.R. CO. SURVEY, BRAZORIA CO., TX (APPLICATION NO. 961)(2045 LEE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF GEOFFREY EASTHAM, 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. I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PHASE II Page 4 of 9 - 2/26/2001 BUILD-OUT OF THE COMMUNITY CENTER. Mr. Gordon Island, Purchasing Officer. J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PHASE I CONSTRUCTION OF THE CULLEN SERVICE CENTER. Mr. Gordon Island, Purchasing Officer. K. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE SUPPLY OF POLICE PATROL VEHICLE EQUIPMENT. Mr. Gordon Island, Purchasing Officer. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-31 - 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 PATE & PATE ENTERPRISES, INC. FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA/HARKEY SANITARY SEWER IMPROVEMENTS PROJECT. Mr. John Hargrove, City Engineer. M. CONSIDERATION AND POSSIBLE ACTION - RE-APPOINTMENT OF CHARLIE PHILLIP, RANDALL FERGUSON, AND DR. BILL CHASE TO SERVE ON THE BOARD OF DIRECTORS OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION EFFECTIVE MAY 1, 2001 THROUGH APRIL 30, 2003. Mr. Mike Chance, Executive Director Pearland Economic Development Corporation. N. CONSIDERATION AND POSSIBLE ACTION - RE-APPOINTMENT OF EMIL BELTZ TO SERVE ON THE PLANNING AND ZONING COMMISSION EFFECTIVE APRIL1, 2001 THROUGH APRIL 30, 2004. Mr. Tobin Maples, Manager of Administrative Support. O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF Page 5 of 9 - 2/26/2001 UNDERSTANDING WITH BRAZORIA DRAINAGE DISTRICT NO. 4. Mr. Darrin Coker, City Attomey. p. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-29 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING A REPRESENTATIVE TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD FOR THE BRAZORIA COUNTY COMMUNITY DEVELOPMENT PROGRAM. Mr. Alan Mueller, Interim City Manager. Q. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF EMERGENCY EXPENDITURE FOR ULTRAVIOLET MODULES FOR SOUTHWEST ENVIRONMENTAL CENTER TREATMENT PLANT. Mr. Jerry Bums, Public Works Director. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF ~ BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AUTHORIZING THE ISSUANCE OF $4,540,000 UNLIMITED TAX AND REVENUE AND REFUNDING BONDS, SERIES 2001. Mr. Darrin Coker, City Attomey. 2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING THE CREATION OF A HEALTH FACILITIES DEVELOPMENT CORPORATION ON BEHALF OF PEARLAND, AND APPROVING ARTICLES OF INCORPORATION AND BYLAWS OF SUCH CORPORATION. Mr. Darrin Coker, City Attorney. Mr. Darrin Coker, City Attomey. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 450-27 - AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 6 of 9 - 2/26/2001 ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OFTHE CITY OF PEARLAND, PURSUANTTO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. J.C. Doyle, Police Chief. 4, CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO, 509-504 - 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 LOTS 4-10, DETENBECK & BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 10, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 964) (5902 BARDETT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT ~ DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARTHUR PARTAIN, 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. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-510 - 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 3.1092 ACRES OF LAND OUT OF LOT 46, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 8, H. T. & B. R. R. CO. SURVEY, A-504, ACCORDING TO THE PLAT Page 7 of 9 - 2/26/2001 RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 968)(BROADWAY STREET @ GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ORLEN O'DAY, 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. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-511 - 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 31.1548 ACRES LOCATED IN THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS (APPLICATION NO. 969) (VILLA VERDE, SECTION II & III) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R- 2) AT THE REQUEST OF RENEE L. WEST, AGENT FOR VILLA VERDE, SECTION II & ill, L.P., 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. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074- PERSONNEL MATFERS: REVIEW INDIVIDUAL APPLICATIONS TO SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council. NEW BUSINESS (CONTINUED): Page 8 of 9 - 2/26/2001 7. CONSIDERATION AND POSSIBLE ACTION REGARDING INDIVIDUAL APPLICATIONS TO SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD . City Council. Xl. 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 9 of 9 - 2/26/2001