2004-08-09 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON AUGUST 9, 2004, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
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VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1. Presentation from David Steadman, President, Economic Alliance
for Brazoria County.
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 COUNClLMEMBER 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:
1. Minutes of the July 19, 2004, Public Hearing held at 6:30 p.m.
2. Minutes of the July 19, 2004, Special Council Meeting held at
7:30 p.m.
3. Minutes of the July 26, 2004, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF AUTUMN LAKE SECTION THREE.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR
COUNCIL MEETING HELD ON JULY 26, 2004. City Council.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ESTABLISHING MEETING DATES TO
CONSIDER THE PROPOSED FISCAL YEAR 2004-2005 ANNUAL
CITY BUDGET AND SETTING A PUBLIC HEARING FOR THE SAME.
Ms. Andrea Gardner, Director of Finance.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING CERTIFICATION OF THE
2004 APPRAISAL ROLL AS PREPARED BY THE BRAZORIA
COUNTY APPRAISAL DISTRICT. Ms. Andrea Gardner, Director of
Finance.
CONSIDERATION AND POSSIBLE ACTION - VOLUNTARY
ANNEXATION PETITION - PEARLAND INVESTMENTS .859
ACRES. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING BRAZORIA COUNTY TAX
ASSESSOR-COLLECTOR (RO'VIN GARRETT) TO CALCULATE
AND PUBLISH THE EFFECTIVE TAX RATE AND ROLLBACK TAX
RATE FOR 2004. Ms. Andrea Gardner, Director of Finance.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-727 - 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
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CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING STERLING ESTATES SECTION II, LOT 2-A, ABSTRACT 721,
0.879 ACRES OF LAND SITUATED IN THE J. W. MAXEY SURVEY,
BRAZORIA COUNTY, TEXAS (LOCATED AT 9122 W. STERLING
DRIVE) (APPLICATION NO. 1180) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF DANIEL AND
PATRICIA WOLFE, 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.
Ms. Lata Krishnarao, Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-728 - 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 7.00 ACRES OF LAND SITUATED IN LOT 4 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
304, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 107 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF
SMITH RANCH ROAD, AND SOUTH OF COUNTY ROAD 403
(HUGHES RANCH ROAD) (APPLICATION NO. 1181) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
MARION FISHER AND EUGENE L. FISHER, 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. Ms. Lata Krishnarao, Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-729 - 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
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BEING LOTS 12, 13, 14, AND 15, IN BLOCK 2, OF COLONIAL
ESTATES SUBDIVISION, AN ADDITION 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 3610 MCLEAN
ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 132) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO
SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R-I(S)),
FOR A DAY CARE, AT THE REQUEST OF LISA DIESE, APPLICANT
FOR PRAVIN B. PATEL AND JAGDISH PATEL, 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. Ms. Lata Krishnarao, Planning
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-730 - 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 THE NORTH 9.9226 ACRES OF LOT 30 (CALLED NORTH
ONE-HALF OF LOT 30) OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION OF SECTION 21 OF THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF COUNTY
ROAD 89 (OLD CHOCOLATE BAYOU ROAD), AND NORTH OF FITE
ROAD) (APPLICATION NO. 1179) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF MICHAEL
POLLOK, APPLICANT FOR E.R. MILSTEAD, 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.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-731 - 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 2.389 ACRES OF LAND, OUT OF LOT 59, OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE
H.T. & B.R.R. COMPANY SURVEY NO. 20 (F.B. DRAKE),
ABSTRACT 506, BRAZORIA COUNTY, TEXAS (LOCATED ON THE
WEST SIDE OF CULLEN BOULEVARD, AND NORTH OF FM 518
(BROADWAY STREET)) (APPLICATION NO. 1178) FROM
CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF JUNG KWAK,
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 - FIRST READING OF
ORDINANCE NO. 509-732 - 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 10.0360 ACRE TRACT OF LAND BEING LOT 59 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
304, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN VOLUME 2, PAGE 107, OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED NORTH OF FM 518, AND ON THE WEST SIDE OF
HOOKS ROAD) (APPLICATION NO. 1175) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF HAMILTON HOMES,
APPLICANT FOR JEFF AND GRACE LEE, 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.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE CORRIGAN AREA
DETENTION POND. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1174 - AN ORDINANCE
AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 2004; PRESCRIBING
THE TERMS AND FORM THEREOF; PROVIDING FOR THE
PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST
THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE
PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT
TO BE USED IN CONNECTION WITH THE SALE OF THE
CERTIFICATES; [AUTHORIZING THE PURCHASE OF BOND
INSURANCE;] MAKING OTHER PROVISIONS REGARDING SUCH
CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF,
AND MATTERS INCIDENT THERETO; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-127 - 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 CONTRACT
LAND STAFF, INC. FOR RIGHT-OF-WAY ACQUISITION SERVICES
ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-126 - 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 C. L. DAVIS &
COMPANY FOR SURVEYING SERVICES ASSOCIATED WITH THE
FM 518 (WEST) ROAD WIDENING PROJECT. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE PUBLIC WORKS SERVICE
CENTER. Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING JUNE 2004. Mr. Bill Eisen,
City Manager.
13.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1173 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING CERTAIN
SANITARY CONTROL EASEMENTS WITHIN THE CORPORATE
CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS;
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, PROPOSING TO INCREASE TAXES BY
5.66% ABOVE THE EFFECTIVE TAX RATE BASED ON A
PROPOSED TAX RATE OF .696 PER $100 OF VALUATION AND
SETTING A PUBLIC HEARING FOR AUGUST 19, 2004 AT 6:30 P.M.
Ms. Andrea Gardner, Director of Finance.
15.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1175 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10,
FIRE PREVENTION AND PROTECTION, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE III,
ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Steve Chapman, Fire Marshal.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING PENDING LITIGATION - ZONING. Mr. Darrin Coker,
City Attomey.
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2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING UTILITIES. Mr. Darrin Coker, City Attomey.
NEW BUSINESS (CONTINUED):
16. CONSIDERATION AND POSSIBLE ACTION - REGARDING
PENDING LITIGATION - ZONING. Mr. Darrin Coker, City Attomey.
17. - REGARDING
CONSIDERATION AND POSSIBLE ACTION
UTILITIES. Mr. Darrin Coker, City Attomey.
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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