2001-08-27 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON AUGUST 27, 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. Proclamation - "Judge Roy Simmons"
2. Presentation by Fred Welch, Executive Director, Brazoria County
Partnership.
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 AG ENDA" ARE CONSIDERED TO
BE ROUTINE, AND REQUIRE LI'I-FLE 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
FROMCONSENTAGENDA). APPROVAL OFTHE CONSENTAGENDA ENACTS
THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the August 13, 2001, Public Hearing held at 6:30
p.m.
2. Minutes of the August 13, 2001, Regular Council Meeting held
at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-110-A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR SEPTEMBER 2001. Mr. Darrin Coker, City
Attomey.
C. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 989-1 -AN ORDINANCE OFTHE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, TO INCREASE THE
MUNICIPAL COURT TECHNOLOGY FEE; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING AN EFFECTIVE DATE, AN EXPIRATION DATE,
AND FOR PUBLICATION. Ms. Cheryl Garcia, Municipal Court
Administrator.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-528 - 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 AND
GRANTING A SPECIFIC USE PERMIT TO ALLOW CHEMICAL
BLENDING AND PACKAGING ON THE FOLLOWING PROPERTY,
BEING 17.5664 ACRES, H. T. & B. R.R. COMPANY SURVEY,
SECTION 11, A-239 AND THE A. C. H. & B. R.R. COMPANY
SURVEY, SECTION 2, A-147, DESCRIBED IN DEED RECORDED
IN VOLUME 1228, PAGE 894, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (SPECIFIC USE NO. 94) (3807 MAGNOLIA)
FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-l) TO
LIGHT INDUSTRIAL DISTRICT - SPECIFIC USE (M-I-(S) AT THE
REQUEST OF BERNARD A. CORREIA, AGENT FOR CORREIA
HOLDINGS, INC.,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.
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2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-531 - 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 80 ACRES OUT OF THE F. B. DRAKE SURVEY, A-508,
SECTION 12, H. T. & B. R.R. CO.SURVEY, CITY OF PEARLAND,
BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD @
SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL
DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO
SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES
CORNELIUS OF SOWELL & COMPANY, AGENT FOR MARY F.
EDWARDS, 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.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-529 - 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 2, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 10, H. T. & B. R. R. COMPANY SURVEY,
A-505, SAID LOT CONTAINING 10 ACRES, MORE OR LESS,
MORE FULLY DESCRIBED IN DEED TO I.L. MEWLIN, RECORDED
IN VOLUME 116, PAGE 111, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 985)(1445 STONE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF
KERRY AND EVELYN WHITE, 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.
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4. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-530 - 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 173.496 ACRES, H. T. & B. R.R. CO. SURVEY, SECTION 81,
A-300, BEING ALL OF THE SW 1/4 OF SAID H. T. & B. R.R.
COMPANY SURVEY, SECTION 81, TOGETHER WITH ALL OF LOT
5, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 98, MAP
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
984}(DALLAS ROAD (CR 59)) FROM CLASSIFICATION SUBURBAN
DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE
REQUEST OF JAMES JOHNSON OF LINGO PROPERTIES, INC.,
AGENT FOR LARRY BRIGGS, 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 D/rector of Community Services.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-532 - 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 49.85 ACRES, CONSISTING OF 29.12 ACRES IN LOT 126
AND 7.46 ACRES IN LOT 121, BOTH LOCATED IN A-147, A. C. H.
& B. SURVEY; AND 13.27 ACRES LOCATED IN TRACTS lA & lB,
A-399, T.D. YOCUM SURVEY, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 987) (JOHN LIZER ROAD)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF KEN
CAFFEY, AGENT FOR AMVEST PROPERTIES, 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, Executive Director
of Community Services.
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6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-533 - 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 18, GARDEN ACRES, SECTION 3, AS RECORDED IN
VOLUME 10, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 982)(2632 O'DAY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF
BRUCE A. COLIGAN, AGENT FOR R. WEST DEVELOPMENT
COMPANY, 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, Executive Director of Community Services.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-534 - 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 3.030 ACRES IN LOT 11, H. T. & B. R.R. CO. SURVEY,
SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 983(BAILEY ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-
1) AT THE REQUEST OF ANTHONY AND DONNA SPRIGGINS,
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.
8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1025 - AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2001, AND ENDING SEPTEMBER 30, 2002. Mr. Jim
Causey, Director of Finance.
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9. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1024 - AN ORDINANCE LEVYING TAXES FOR
THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF
THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2001,
AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Mr. Jim Causey, Director of Finance.
10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-112 -A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A SALES AND USE TAX
AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6. Mr. Darrin Coker, City Attomey.
11. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1022 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 6 OF TWO TRACTS OF LAND
TOTALING APPROXIMATELY 129.8479 ACRES; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO DETERMINE THE
BOUNDARIES OF MUNICIPAL UTILITY DISTRICTS IN THE CITY'S
EXTRATERRITORIAL JURISDICTION INURES TO THE BENEFIT
OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Darrin Coker, CityAttomey.
12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A TRAFFIC IMPACT ANALYSIS
REIMBURSEMENTAGREEMENTWITH LMR SILVERLAKE RETAIL
PARTNERS, LTD., WAL-MART STORES, INC., RANDALL'S FOOD
& DRUGS, L.P., AND FM 518 INVESTMENTS, J.V., RELATING TO
CONSTRUCTION OF TRAFFIC IMPROVEMENTS ADJACENT TO
NEW RETAIL AND OFFICE DEVELOPMENTS ALONG FM 518
NEAR STATE HIGHWAY 288. Mr. Alan Mueller, Deputy City
Manager.
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13. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1023 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ORGANIZING
DEVELOPMENT AND BUILDING FEES IN ONE ORDINANCE TO
IMPROVE CUSTOMER SERVICE; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION, AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-113 - A RESOLUTION OF TH E CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT WITH DONALD R.
WARD & ASSOCIATES TO COORDINATE ACTIVITIES UNDER
THE FEMA BUYOUT PROGRAM. Mr. Chris Kidwell, Grant
Coordinator.
15. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1026 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29,
TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, BY
REPEALING THE OLD ARTICLE XVI, TRUCK TRAFFIC, AND
ADDING A NEW ARTICLE XVI, TRUCK TRAFFIC, ESTABLISHING
LOAD LIMITS ON STREETS WITHIN THE CITY, ESTABLISHING
PERMITS, ESTABLISHING TRUCK ROUTES, PROVIDING FOR
ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER
MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-115 -A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE
ACQUISITION, DEMOLITION, AND MAINTENANCE OF CERTAIN
PROPERTIES LOCATED IN HARRIS COUNTY THAT WERE
FLOODED AS A RESULT OF TROPICAL STORM ALLISON.
Mr. Darrin Coker, City Attorney.
Page 7 of 9 - 8/27/2001
17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-109 - A RESOLUTION OF TH E CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR A UNIT PRICE
SUPPLY CONTRACT TO FURNISH ROAD REHABILITATION
SERVICES. Mr. Gordon Island, Purchasing Officer.
18. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-114 - A RESOLUTION OF THE CITY COU NCI L OF THE CITY
OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
FITE/HARKEY SEWER IMPROVEMENT PROJECT. Mr. John
Hargrove, City Engineer.
19. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-111 - 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 KLOTZ ASSOCIATES, INC., FOR ENGINEERING SERVICES
ASSOCIATED WITH THE SWEC WASTEWATER DISCHARGE
PERMIT AMENDMENT. Mr. John Hargrove, City Engineer.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY-
ALONG LIBERTY DRIVE. Mr. Darrin Coker, City Attomey.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING POTENTIAL LITIGATION - CITY FACILITIES.
Mr. Darrin Coker, CityAttomey.
NEW BUSINESS (CONTINUED):
20. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY-ALONG LIBERTY DRIVE. Mr. Darrin Coker, City
Attomey.
Page 8 of 9 - 8/27/2001
21. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION -
CITY FACILITIES. Mr. Darrin Coker, City Attomey.
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.
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