2004-06-28 CITY COUNCIL MEETING AGENDA AMENDED AGENDA
AMENDED CONSENT ITEM "J"
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JUNE 28, 2004, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
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 June 7, 2004, Public Hearing held at 7:00 p.m.
Minutes of the June 7, 2004, Special Meeting held at 7:00 p.m.
Minutes of the June 14, 2004, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-722 -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 2.70 ACRES OF LAND, AND 2.194 ACRES OF LAND, BEING
A PART OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION
21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA
COUNTY, TEXAS ACCORDING TO THE PLAT AS RECORDED IN
VOLUME 2, PAGES 23 AND 24, PLAT RECORDS, BRAZORIA
COUNTY, TEXAS, (GENERALLY LOCATED ON THE SOUTH SIDE
OF FM 518, AND EAST OF OWER LANE) (APPLICATION NO. 1173)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF
CHARLES KENNEDY, JR., TRUSTEE FOR MAI NGUYEN 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. Ms. Lata Krishnarao, Planning
Manager.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-723 -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 1.913 ACRES OUT OF THE W.D.C HALL LEAGUE,
ABSTRACT 70, BRAZORIA COUNTY, TEXAS, AND BEING PART OF
TRACT ONE OF THE PARTITION OF THE YOST ESTATE, 120.44
ACRES AS RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS
BRAZORIA COUNTY, TEXAS; AND 1.9355 ACRES OF LAND OUT
OF THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA
COUNTY, TEXAS, AND BEING PART OF TRACT TWO OF THE
PARTITION OF THE YOST ESTATE, 120.44 ACRES AS RECORDED
IN VOLUME 6, PAGE 142, PLAT RECORDS BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER
OF FM 518 AND HAMM ROAD) (APPLICATION NO. 1172) FROM
CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) TO
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PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JIM
MCGREGOR, AIA, FOR R. ELLIS MANAGEMENT GROUP, LLC
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. Ms. Lata Krishnarao,
Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-724 -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 1 AND 2, BLOCK 4, OF COLONIAL ESTATES, A
SUBDIVISION IN SECTION 14, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 509, IN BRAZORIA COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 9, PAGE
123, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(LOCATED AT 5230 COLONIAL DRIVE)(APPLICATION NO. '1'17'1)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF TOMMY BARNI, 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.
Ms. Lata Krishnarao, Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. '1168 - AN ORDINANCE
EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND,
TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS
AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(BELTWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR ALL
OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES;
CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. '1'169 - AN ORDINANCE
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EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND,
TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS
AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(BEL'fWAY 8 AT SH 288); APPROVING A SERVICE PLAN FOR ALL
OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES;
CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1170 - AN ORDINANCE
EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF 188.76 ACRES OF LAND.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1171 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE FUTURE EXPANSION OF THE MELVIN
KNAPP BUILDING. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-101 - 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
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IX.
X.
WITH HBC/TERRACON FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE CULLEN BOULEVARD EXTENSION
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF A COMMERCIAL DUTY PAPER SHREDDER. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL
DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE
U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL
REEVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL
YEAR 2005. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-718 -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 TRACT 1, 60.0000 ACRES SITUATED IN THE JAMES
HAMILTON SURVEY, ABSTRACT NO. 876, BEING ALL OF LOTS 39,
39 % , 40, 40 %, 41, 41%, 42, 42 %, 55, 55 %, 56, AND 56 % IN
SECTION OR BLOCK "F" IN THE ALLISON-RICHEY GULF COAST
HOME CO'S. PART OF SUBURBAN GARDENS SUBDIVISION;
TRACT 2, PARCEL A: ALL OF LOTS 53 AND 54 AND THE SOUTH
FIFTY FEET OF LOTS 43 % AND 44 % OF ALLISON-RICHEY GULF
COAST HOME COMPANY SUBDIVISION, SECTION F JAMES
HAMILTON SURVEY, ABSTRACT 876; PARCEL B, 11.0586 ACRES
OF LAND OUT OF THE ALLISON-RICHEY GULF COAST COMPANY
SUBDIVISION SECTION "F", IN THE JAMES HAMILTON SURVEY A-
876; PARCEL D, 882,971 SQUARE FEET OF LAND OUT OF THE
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION,
SECTION "F", IN THE JAMES HAMILTON SURVEY A-876; TRACT 3,
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44.00 ACRES BEING ALL THAT PARCEL OF LAND BEING ALL OF
LOTS 9 %, 10 %, 23, 23 %, 24, 24 %, 25, 25 %, 26, 26 %, OF
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION,
ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 3,
PAGE 40, OUT OF SECTION "F" OF SAID SUBDIVISION, ALL IN
HARRIS COUNTY, TEXAS (LOCATED AT THE SOUTHWEST
CORNER OF STATE HIGHWAY 288 AND BELTVVAY 8)
(APPLICATION NO. 1168) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF JEFF GUSTAFSON
OF LENNAR PARTNERS AND LNR CLEAR CREEK SPECTRUM
L.P., AGENT FOR SANDRA G. BYBEE, MARY SUSAN LINDHOLM,
MARGARET GREADY BYBEE, MARTHA B. SOLAND, MARILYN B.
DAWSON, JEANETTE B. NICHOLS, 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.
Ms. Lata Krishnarao, Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-108 -AUTHORIZING PUBLICATION OF A NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A
PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE
ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF
CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH
CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS
RELATING THERETO. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING A MEMORANDUM OF
UNDERSTANDING WITH BRAZORIA COUNTY DRAINAGE
DISTRICT NO. 4. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-107 -A RESOLUTION AUTHORIZING THE CREATION OF
DEVELOPMENT AUTHORITY OF PEARLAND, A LOCAL
GOVERNMENT CORPORATION; APPROVING THE ARTICLES OF
INCORPORATION AND BYLAWS; APPOINTING THE INITIAL
DIRECTORS; AND CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT. Mr. Bill Eisen, City Manager.
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10.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE RESOLUTION NO. R2004-59. City Council.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT FOR TAX
COLLECTION SERVICES. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
RESOLUTION NO. R2004-99 - 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 FREESE & NICHOLS, INC. FOR
CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED
WITH THE CULLEN BOULEVARD EXTENSION PROJECT. Mr. Bill
Risen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-110 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA-FT. BEND COUNTY MUNICIPAL UTILITY DISTRICT NO.
1 OF APPROXIMATELY 808.329 ACRES OF LAND.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-100 - 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 WATER MODELING
SERVICES. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF THE PEARLAND PARKWAY/BROADWAY WATER
IMPROVEMENTS. Mr. Bill Risen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5
ASSOCIATED WITH THE FM 518 WEST SANITARY SEWER
PROJECT. Mr. Joe Wertz, Project Director.
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OTHER BUSINESS: None
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Youn.q
Lorfin,q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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