2001-07-23 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OFTHE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON JULY 23, 2001, 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. MAYOR'S ACTIVITY REPORT
1. Legislative update presented by the Honorable Dennis Bonnen, State
Representative - District 25.
2. Proclamation - "National Night Out"
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 COUNClLMEMBER REQUESTS SEPARATE ACTION ON AN ITEM,
IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDAAND CONSIDERED BY SEPARATE ACTION (X. MATTERS 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 25, 2001, Regular Council Meeting held at
7:30 p.m.
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2. Minutes of the July 9, 2001, Joint Public Hearing held at 6:30
p.m.
3. Minutes of the July 9, 2001, Public Hearing held at 6:30 p.m.
4. Minutes of the July 9, 2001, Regular Council Meeting held at
7:30 p.m.
B, CONSIDERATION AND POSSIBLE ACTION SUBDIVISION
ACCEPTANCE OF PARK VILLAGE ESTATE SECTION THREE.
Mr. John Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION SUBDIVISION
ACCEPTANCE OF THE LINKS OF GREEN TEE. Mr. John Hargrove,
City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR
COUNCIL MEETING HELD ON JULY 9, 2001. City Council.
E. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER WOODY OWENS FROM THE REGULAR
COUNCIL MEETING HELD ON JULY 9, 2001. City Council.
F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1017 - 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 SONGBIRD DRIVE IN A
WESTERLY DIRECTION AT ITS INTERSECTION WITH AUBRELL
STREET (GARDEN GATE SUBDIVISION); 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. Darrin Coker, City
Attorney.
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G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1018 - 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 MAGNOLIA BOULEVARD iN
A WESTERLY DIRECTION AT ITS INTERSECTION WITH HARKEY
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. Darrin Coker, City Attorney.
H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1019 - 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 LAKECREST LANE IN
A WESTERLY DIRECTION AT ITS INTERSECTION WITH IRISH
SHORES LANE, UPON IRISH SHORES LANE IN A SOUTHERLY
DIRECTION AT ITS INTERSECTION WITH L, AKECREST LANE,
UPON IRISH SHORES LANE IN A NORTHERLY DIRECTION AT ITS
INTERSECTION WITH LAKECREST LANE; 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.
I. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 629-2 - AN ORDINANCE ~F THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 629, AS IT MAY HAVE BEEN, FROM TIME TO
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TIME, AMENDED, ESTABLISHING AND REESTABLISHING PRIMA
FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701 D, VERNON'S
TEXAS CIVIL STATUTES, UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION, UPON FM 518, OR
PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND
AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN THIS
AREA 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.
J. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
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
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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 CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT. Mr. Darrin Coker, City
Attorney.
K. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-525-AN ORDINANCE OFTHE
CITY COUNCIL OFTHE 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.
L. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-526-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 4.303 ACRES, WITHIN THE ALLISON RICHEY GULF
COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION,
T.C.R.R., SECTION 4, ABSTRACT 675, BRAZORIA COUNTY,
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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,
I11, 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.
IX. MATFERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-527 - 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 15, H. T. & B. R.R. COMPANY SURVEY, SECTION 6,
A-544, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 136, PAGE 501,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 979)(13260 HATFIELD ROAD) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME
DISTRICT PLANNED UNIT DEVELOPMENT (MH PUD) AT THE
REQUEST OF DOUGLAS WAYNE STAHLHEBER, 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.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
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WITH GREEN-HOLLOW, LTD., FOR THE OVERSIZING OF A
WATER MAIN EXTENDING ALONG SCARSDALE BOULEVARD.
Mr. Alan Mueller, Deputy City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUPPORTING THE HARRIS COUNTY
FLOOD CONTROL DISTRICT'S APPLICATION FOR HAZARD
MITIGATION FUNDS ASSOCIATED WITH THE ACCELERATED
BUYOUT OF HOMES LOCATED IN HARRIS COUNTY. Mr. Chris
Kidwell, Grants Coordinator.
4, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO,
R2001-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR INFLOW AND
INFILTRATION WORK ASSOCIATED WITH THE SLEEPY HOLLOW
AND LONGWOOD SERVICE AREA. Mr. Jerry Burns, Public Works
Director.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARl_AND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT WITH KLOTZ
ASSOCIATES, INC. FOR THE PREPARATION OF A RAINFALL
AND FLOOD STUDY. Mr. John Hargrove, City Engineer.
6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1016 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF A CONCRETE SLAB INTO THE CITY'S TEN
FOOT (10') UTILITY EASEMENT LOCATED NEAR THE
INTERSECTION OF FM 518 AND DIXIE FARM ROAD IN THE CITY
OF PEARLAND. Mr. John Hargrove, City Engineer.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
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1. SECTION 551.071 - CONSULTATION WITH CITY ATrORNEY:
REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City
Attomey.
2. SECTION 551.074 - PERSONNEL MA'rrERS - REGARDING
APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION.
City Council.
3. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO TAX INCREMENT REINVESTMENT ZONE
NO. 2 BOARD. City Council.
4. SECTION 551.072- REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY-
PARKLAND. City Council.
NEW BUSINESS (CONTINUED):
7. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION.
Mr. Darrin Coker, City Attomey.
8. CONSIDERATION AND POSSIBLE ACTION REGARDING
APPOINTMENTS TO THE PLANNING AND ZONING BOARD
COMMISSION. City Council.
9. CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS TO TAX INCREMENT REINVESTMENT ZONE
NO. 2 BOARD. City Council.
10. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY- PARK LAND. City Council.
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made.
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