2001-07-09 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON JULY 9, 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
III. MAYOR'S ACTIVITY REPORT
1. Mayor's introduction of Crystal Granados, Queen of Pearland.
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: REGARDING PROPOSED IMPOSITION
OF CITY SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT
NO. 6.
I. CALL TO ORDER
II. PURPOSE OF THE HEARING REGARDING PROPOSED
IMPOSITION OF CITY SALES AND USE TAX WITHIN MUNICIPAL
UTILITY DISTRICT NO. 6.
II1. STAFF REVIEW - REGARDING PROPOSED IMPOSITION OF CITY
SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT
NO. 6.
IV. CITIZEN COMMENTS
V. COUNCIL/STAFF DISCUSSION
VI. ADJOURNMENT OF DOCKETED PUBLIC HEARING
Page 1 of 8 - 7/9/2001
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER TH E "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 COUNClLMEMBER REQUESTS SEPARATE ACTION ON AN ITEM,
IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDAAND 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 June 11,2001, Joint Public Hearing held at 6:30
B. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-524-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 13, BLOCK 3, SKYWAY MANOR SUBDIVISION, H. T. &
B. R.R. COMPANY SURVEY, A-241, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR RECORD IN VOLUME 7, PAGE 67,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 980) (2901 MANVEL ROAD) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD
SERVICES DISTRICT (NS) AT THE REQUEST OF CLAUDE AND
MARGARET BIRD, 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, Executive Director of Community Services.
C. CONSIDERATION AND POSSIBLE ACTION SUBDIVISION
ACCEPTANCE OF GARDEN GATE SECTION ONE. Mr. John
Hargrove, City Engineer.
Page 2 of 8 - 7/9/2001
D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING ORDINANCE NO. 1013 -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 McLEAN ROAD IN A NORTHERLY DIRECTION
AT ITS INTERSECTION WITH FITE ROAD, UPON McLEAN ROAD
IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH FITE
ROAD; UPON FITE ROAD IN AN EASTERLY DIRECTION AT ITS
INTERSECTION WITH McLEAN ROAD; 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. Michael Ross, Project
Director.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING ORDINANCE NO. 1014 -AN ORDINANCE OFTHE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
STOP SIGNS WITHIN THE CORPORATE LIMITS OFTHE CITY OF
PEARLAND UPON TIPPERARY DRIVE IN AN EASTERLY
DIRECTION AT ITS INTERSECTION WITH BOGEY WAY,
UPON TIPPERARY DRIVE IN A WESTERLY DIRECTION AT ITS
INTERSECTION WITH BOGEY WAY, UPON BOGEY WAY IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH
TIPPERARY DRIVE; 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.
Michael Ross, Project Director.
F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
Page 3 of 8 - 7/9/2001
OF PEARLAND, TEXAS, ACCEPTING THE CERTIFICATION OF
THE CURRENT AND ANTICIPATED TAX COLLECTION RATE FOR
2001 BY THE CITY'S TAX ASSESSOR-COLLECTOR. Mr. Jim
Causey, Director of Finance.
G, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE
AUGUST 27, 2001, AND SEPTEMBER 10, 2001, CITY COUNCIL
MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR
2001-2002 TAX RATE AND SETTING THE PUBLIC HEARING ON
THE TAX RATE. Mr. Jim Causey, Director of Finance.
H, CONSIDERATION AND POSSIBLE ACTION - SUBMISSION OF
PROPOSED 2001-2002 BUDGET AND SETTING OF PUBLIC
HEARING ON THE BUDGET, TENTATIVE DATE OF AUGUST 13,
2001 7:00 P.M. Mr. Jim Causey, Director of Finance.
I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-93 - 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 TO FACILITATE THE PROPER
DISPOSITION OF THE CITY'S "SURPLUS PROPERTY." Mr.
Gordon Island, Purchasing Officer.
IX. MATrERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF
TIRZ #1 ANNUAL REPORT. Mr. Alan Mueller, Deputy City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1015 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 17 OF APPROXIMATELY 294.2651 ACRES OF
LAND. Mr. Darrin Coker, City Attorney.
Page 4 of 8 - 7/9/2001
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-90 - 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 CORRIGAN
CONSULTING, INC., FOR NOISE MODELING ALONG DIXIE FARM
ROAD ADJACENT TO THE DIXIE WOODS SUBDIVISION. Mr.
Michael Ross, Project Director.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-91 - 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
GEOGRAPHIC TECHNOLOGIES GROUP, INC., FOR PUBLIC
WORKS DATA COLLECTION AND ITS CONVERSION INTO THE
CITY'S GEOGRAPHIC INFORMATION SYSTEM. Mr. MichaelRoss,
Project Director.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-89 - 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
BURLINGTON NORTHERN AND SANTA FE RAILROAD, FOR A
NEW RAILROAD CROSSING AT THE INTERSECTION OF THE
RAILROAD AND ORANGE STREET. Mr. Jerry Burns, Public Works
Director.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT
POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE
GOVERNMENTCODE ("PUBLIC FUNDS INVESTMENT ACT") FOR
PURPOSES OF INVESTING CITY FUNDS IN STATE AUTHORIZED
SECURITIES. Mr. Jim Causey, Director of Finance.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 985-4 - 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
SPECIAL REVENUE FUNDS FOR MUNICIPAL PURPOSES;
Page 5 of 8 - 7/9/2001
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 INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jim Causey,
Director of Finance.
8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1012- AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW
FOR PERSONS UNDER THE AGE OF 17 YEARS, BETWEEN 11:00
P. M., ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR
THURSDAY AND 6:00 A. M. ON THE FOLLOWING DAY, BETWEEN
THE HOURS OF 12:01 A. M. AND 6:00 A. M. ON ANY SATURDAY
OR SUNDAY, AND BETWEEN THE HOURS OF 9:00 A. M. AND
2:30 P. M. FOR SCHOOL-AGED CHILDREN ON scHOOL DAYS;
PROVIDING IT UNLAWFUL FOR ANY PERSON SUBJECT TO A
CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR
ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY
DURING CURFEW HOURS; PROVIDING IT UNLAWFUL FOR ANY
PARENT OR GUARDIAN OF A PERSON SUBJECT TO A CURFEW
HEREUNDER TO KNOWINGLY PERMIT, OR BY INSUFFICIENT
CONTROL, ALLOW SUCH PERSON TO REMAIN IN ANY PUBLIC
PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN
THE CITY DURING CURFEW HOURS, PROVIDING IT UNLAWFUL
FOR ANY PERSON OWNING, OPERATING, OR IN THE
EMPLOYMENT OF ANY ESTABLISHMENT IN THE CITY TO
KNOWINGLY ALLOW A PERSON SUBJECT TO A CURFEW
HEREUNDER TO REMAIN ON THE PREMISES OF SUCH
ESTABLISHMENT DURING CURFEW HOURS; PROVIDING
DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER,
PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO
DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION, AND
Page 6 of 8 - 7/9/2001
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Mr. Darrin Coker, City Attorney.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF THE PIPER ROAD WATER AND SEWER PROJECT. Mr. Jerry
Bums, Public Works Director.
10. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-525 - 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 82.103 ACRES, WITHIN THE ALLISON RICHEY GULF
COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION,
T.C.R.R., SECTION 4, ABSTRACT 675, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 981)(NORTHWEST CORNER OF SH
288 AND BROADWAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF WELLINGTON STEVENS, III, AGENT FOR
PEARLAND FREEWAY PARTNERS AND CARRINGTON WEEMS,
II, 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,
Executive Director of Community Services.
11. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-526 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NOi 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 4.303 ACRES, WITHIN THE ALLISON RICHEY GULF
COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION,
T.C.R.R., SECTION 4, ABSTRACT 675, BRAZORIA COUNTY,
Page 7 of 8 - 7/9/2001
TEXAS (APPLICATION NO. 981)(NORTHWEST CORNER OF SH
288 AND BROADWAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO OFFICE PROFESSIONAL
DISTRICT (OP) AT THE REQUEST OF WELLINGTON STEVENS,
Ill, AGENT FOR PEARLAND FREEWAY PARTNERS AND
CARRINGTON WEEMS, II, 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, Executive Director of Community Services.
12. CONSIDERATION AND POSSIBLE ACTION - FEMA (FEDERAL
EMERGENCY MANAGEMENT AGENCY) APPLICATION. Mr. Bill
Eisen, City Manager.
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 8 of 8 - 7/9/2001