2004-09-13 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
September 13, 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 Lotting
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.
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 13, 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
1. Presentation of Proclamation
Awareness Month"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
"Leukemia and Lymphoma
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 August 23, 2004, Public Hearing held at 6:00 p.m.
2. Minutes of the August 23, 2004, Regular Council Meeting held at
7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 -
ACCEPTANCE OF SHADOW CREEK RANCH SF-24B.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-25.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-29.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-30.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1080 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER DRIVE IN
A NORTHERLY DIRECTION FROM THE REGENCY PARK DITCH
TO PLUM STREET, 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 "NO
PARKING" ZONES INURES TO THE BENEFIT OF THE TRAVELING
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Jerry Bums, Public Works Director.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT
POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE
GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT").
Mr. Bill Eisen, City Manager.
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IX.
X.
CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF
THE CITY MANAGER'S APPOINTMENT OF PATRICIA RIFFELS TO
SERVE AS MUNICIPAL COURT ADMINISTRATOR. Mr. Nick Finan,
Executive Director of Community Services.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-733 - 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 10.407 ACRES, OUT OF LOTS 44, 45, AND 49, W.
ZYCHLINSKI SUBDIVISION, AS RECORDED IN VOLUME 29, PAGE
43, BRAZORIA COUNTY DEED RECORDS, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 232, AND R.B. LYLE SURVEY,
ABSTRACT 542, PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED AT THE NORTHWEST CORNER OF
STATE HIGHWAY 35 (MAIN STREET) AND HALIK ROAD)
(APPLICATION NO. 1182) FROM CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-l) TO PLANNED UNIT DEVELOPMENT
(PUD) AT THE REQUEST OF KERRY R. GILBERT & ASSOCIATES,
INC., APPLICANT FOR PAULUHN ELECTRIC MANUFACTURING
LLP, 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. 509-734 - 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 7, BLOCK 9, HICKORY CREEK PLACE, PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF
GARDEN ROAD, AND ON THE SOUTH SIDE OF MARSHA LANE)
(APPLICATION NO. 1183) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO OFFICE AND PROFESSIONAL
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DISTRICT (OP) AT THE REQUEST OF RICHARD GONZALEZ,
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 Kdshnarao,
Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-735 - 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 6.7430 ACRES, OUT OF A 39.3673 ACRE TRACT, AS
RECORDED IN FILE NO. 98-044746, AS RECORDED IN THE
OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO
BEING OUT OF LOT 32, ALLISON RICHEY GULF COAST HOME
COMPANY'S PART OF SUBURBAN GARDENS, SECTION 19, AS
RECORDED IN VOLUME 2, PAGE 23 AND 24, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, H.T. & B.R.R. COMPANY SURVEY,
SECTION 19, ABSTRACT 234, PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF ZAPALAC
ROAD) (APPLICATION NO. 1184) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF BRUCE T. FEHR,
APPLICANT FOR PEARLAND PLAZA, LTD., 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. 509-736 - 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 1.3718 ACRE TRACT OF LAND OUT OF LOT 51 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
243, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS, PEARLAND, BRAZORIA COUNTY, TEXAS
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6A.
(LOCATED ON THE WEST SIDE OF STONE ROAD, AND ON THE
NORTH SIDE OF SEDDON ROAD) (APPLICATION NO. 1185)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF MICHAEL SHANE WEST, 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. 509-737 - 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 A 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M.
HUNTER SURVEY, ABSTRACT 76, PEARLAND, BRAZORIA
COUNTY, TEXAS; AND AN 83.83 ACRE TRACT OF LAND
SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, AND
THE H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 233,
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE
EAST SIDE OF OLD ALVIN ROAD, AND ON THE NORTH SIDE OF
ORANGE STREET) (APPLICATION NO. 1186) FROM
CLASSIFICATION PLANNED UNIT DEVELOPMENT (PUD) TO
PLANNED UNIT DEVELOPMENT (PUD), AN AMENDMENT TO THE
ORIGINAL PLANNED UNIT DEVELOPMENT (PUD) AT THE
REQUEST OF THE CITY OF PEARLAND, APPLICANT, 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 - REMOVE FROM
TABLE ORDINANCE NO. 509-732. City Council.
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
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10.
11.
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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-148 - 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 BRAZORIA COUNTY FOR ROAD MAINTENANCE AND
REPAIR. Mr. Jerry Bums, Public Works Director.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-149 - 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 BRAZORIA COUNTY FOR MUTUAL AID ASSISTANCE.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD 16"
WATER LINE PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC
SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FM 518 AND
YOST ROAD. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
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AND INSTALLATION OF A SCADA SYSTEM. Mr. Bill Eisen, City
Manager.
12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SCHEDULING A PUBLIC HEARING ON
THE PROPOSED WATER UTILITY RATE INCREASED BY WALKER
WATER WORKS, INC. (WATER CCN NO. 11862). Mr. Darrin Coker,
City Attorney.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING THE ETJ AGREEMENT
BETWEEN THE CITY OF PEARLAND AND THE CITY OF
HOUSTON. Mr. Alan Mueller, Deputy City Manager.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-151 - 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 CARTER-BURGESS, INC. ENGINEERING SERVICES
ASSOCIATED WITH THE SWEC CAPACITY EXPANSION AND
REPLACEMENT OF THE ULTRAVIOLET DISINFECTION SYSTEM
FOR THE LONGWOOD AND BARRY ROSE WASTE WATER
TREATMENT PLANTS. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING MUNICIPAL COURT JUDGES. Mr. Darrin Coker,
City Attorney.
SECTION
REGARDI
OF REAL
Mr. Darrin
551.072 - REAL PROPERTY: DISCUSSION
NG THE SALE, LEASE, PURCHASE, OR EXCHANGE
PROPERTY- "ROAD RIGHT-OF-WAY."
Coker, City Attomey.
SECTION
REGARDI
Mr. Darrin
551.087 - CONSULTATION WITH CITY ATTORNEY:
NG ECONOMIC DEVELOPMENT NEGOTIATIONS.
Coker, City Attomey.
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NEW BUSINESS (CONTINUED):
15. CONSIDERATION AND POSSIBLE ACTION - REGARDING
MUNICIPAL COURT JUDGES. Mr. Darrin Coker, City Attomey.
16. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY
-"ROAD RIGHT-OF-WAY." Mr. Darrin Coker, City Attomey.
17. CONSIDERATION AND POSSIBLE ACTION - REGARDING
ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Darrin Coker,
City Attomey.
XI. ADJOURNMENT
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Lorfin.q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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