2004-08-23 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
August 23, 2004
7:30 p.m.
MAYOR
Tom Reid
Richard Tetens
Position No. 1
Charles Viktorin
Mayor Pro-Tem
Position No. 3
COUNCIL MEMBERS
Woody Owens
Position No. 2
Larry Marcott
Position No. 4
Bill Eisen
City Manager
Kevin Cole
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young Lorfing
City Secretary
IIn accordance with the Texas Open Meeting Act the Agenda is posted for public
information, at all times, for at least 72 hours preceding the scheduled time of the meeting
on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive.
AMENDED AGENDA
ADDED NEW BUSINESS AGENDA ITEM #15- RESOLUTION NO. R2004-141~
EXECUTIVE SESSION ITEM #3 AND NEW BUSINESS ITEM #18
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON AUGUST 23, 2004, 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
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 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 August 9, 2004, Special Council Meeting held at
6:00 p.m.
3. Minutes of the August 9, 2004, Regular Council Meeting held at
7:30 p.m.
4. Minutes of the August 16, 2004, Special Council Meeting held at
7:30 p.m.
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Da
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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 - SECOND AND FINAL
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1173 - AN ORDINANCE OF THE
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IX.
X,
lA.
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CERTIFYING COMPLIANCE WITH
CHAPTER 395 OF THE LOCAL GOVERNMENT CODE AS IT
APPLIES TO WATER AND SEWER IMPACT FEES. Mr. Bill Eisen,
City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-728. City Council.
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
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(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 - RESOLUTION NO.
R2004-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SCHEDULING A PUBLIC HEARING TO
CONSIDER THE LAND USE ASSUMPTIONS AND CAPITAL
IMPROVEMENTS PLAN FOR DESIGNATED SERVICE AREAS AS IT
APPLIES TO THE POSSIBLE ADOPTION OF IMPACT FEES FOR
ROADWAY FACILITIES WITHIN THE CITY; DIRECTING THE CITY
SECRETARY TO PUBLISH NOTICE OF SAID PUBLIC HEARING.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1177- AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2004, AND ENDING SEPTEMBER 30, 2005.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1178 - 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 2004,
AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ADOPTING TRAFFIC CALMING OPTIONS
FOR THE SHADYCREST SUBDIVISION AND DIRECTING STAFF
TO OBTAIN A PROPOSAL FOR ENGINEERING SERVICES.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUSPENDING THE PROPOSED WATER
UTILITY RATE INCREASE PROPOSED BY WALKER WATER
WORKS, INC. (WATER CCN NO. 11862). Mr. Bill Eisen, City
Manager.
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10.
11.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1179 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DESIGNATING A SCHOOL CROSSING ZONE UPON KIRBY DRIVE
PURSUANT TO ITS POLICE POWER AND SECTION 542.202 OF
THE TEXAS TRANSPORTATION CODE, 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
DESIGNATE SCHOOL CROSSING ZONES INURES TO THE
BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID ASSOCIATED WITH
CONSTRUCTION OF THE CORRIGAN AREA DETENTION POND
IMPROVEMENTS AND APPROVING CHANGE ORDER NO. 1 FOR A
REDUCTION OF THE SCOPE OF SERVICES AND COSTS
ASSOCIATED WITH THE PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-133 - 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 DANNENBAUM ENGINEERING CORP., FOR FLOOD
MAPPING SERVICES ASSOCIATED WITH PORTIONS OF THE
MARY'S CREEK WATERSHED. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4
ASSOCIATED WITH THE CONSTRUCTION OF TRAFFIC
IMPROVEMENTS AT THE INTERSECTION OF PEARLAND
PARKWAY AND FM 518. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING HEALTH AND DENTAL
INSURANCE RENEWAL RATES. Ms. Mary Hickling, Director of
Human Resources.
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12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH FORT BEND COUNTY FOR MUTUAL AID ASSISTANCE.
Mr. Jeff Sundseth, Director of Emergency Medical Services.
13.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1176 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF A MONUMENT SIGN INTO THE CITY'S
RIGHT-OF-WAY AT THE INTERSECTION OF MISTY CREEK LANE
AND PEARLAND PARKWAY. Mr. Darrin Coker, City Attomey.
14.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SELECTION OF A MEMBER TO SERVE ON THE OLD TOWNSITE
CONSULTANT SELECTION COMMITTEE. Mr. Nick Finan, Executive
Director of Community Services.
15.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-141 - RESOLUTION EXPRESSING THE CITY'S INTEREST
IN PARTICIPATING IN A PROPOSED FORTY-FOUR (44) BED
HOSPITAL PROJECT IN PEARLAND, TEXAS AND RESOLVING
OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City
Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY- OILER DRIVE AND DIXIE FARM ROAD.
Mr. Bill Eisen, City Manager.
SECTION 551.074 - PERSONNEL MATTERS - REGARDING AN
APPOINTMENT TO THE PLANNING AND ZONING
COMMISSION. Mr. Bill Eisen, City Manager.
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING UTILITIES. Mr. Darrin Coker, City Attomey.
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NEW BUSINESS (CONTINUED):
16.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ACQUISITION OF LAND FOR RIGHT-OF-WAY - OILER DRIVE
AND DIXIE FARM ROAD. City Council.
17.
CONSIDERATION AND POSSIBLE ACTION - REGARDING AN
APPOINTMENT TO THE PLANNING AND ZONING COMMISSION.
City Council.
18.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
UTILITIES. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfin.q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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