2004-09-27 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
September 27, 2004
7:30 p.m.
MAYOR
Tom Reid
Charles Viktorin
Mayor Pro-Tem
Position No. 3
Richard Tetens
Position No. I
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
In 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 27, 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 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:
1. Minutes of the August 30, 2004, Special Meeting held at 6:15 p.m.
2. Minutes of the September 13, 2004, Public Hearing held at 6:30
p.m.
3. Minutes of the September 13, 2004, Public Hearing held at 6:30
p.m.
4. Minutes of the September 13, 2004, Public Hearing held at 6:30
p.m.
5. Minutes of the September 13, 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. 509-734 - 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
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 Krishnarao,
Planning Manager.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
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IX,
X.
2A.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
(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
ACCEPTANCE OF CREEKSIDE SECTION TWO.
Mr. Doug Kneupper, City Engineer.
- SUBDIVISION
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-97 - A RESOLUTION RECOGNIZING THE SERVICES AND
CONTRIBUTIONS OF KLAUS SEEGER. Mayor Reid.
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
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Sm
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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS SUPPORTING THE 2004 BRAZORIA
COUNTY MOBILITY BOND REFERENDUM TO PROVIDE BETTER
ROADS FOR THE FUTURE OF OUR CITIZENS. Mr. Alan Mueller,
Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS SELECTING THE JOHN
LIZER/MAGNOLINSOUTHFORK CORRIDOR FROM PEARLAND
PARKWAY TO SH 288 FOR DESIGN AND CONSTRUCTION AS A
SECONDARY THOROUGHFARE. Mr. Alan Mueller, Deputy City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1181 -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 (SHADOW CREEK
PARKWAY AT CLEAR CREEK); 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. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-155 - 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
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10.
11.
WITH BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 FOR
EXCAVATION WORK ASSOCIATED WITH THE WEST MARY'S
CREEK STORM WATER DETENTION PROJECT. Mr. Alan Mueller,
Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING A STRATEGIC PARTNERSHIP
AGREEMENT BETWEEN THE CITY AND BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 16. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO LINE EXTENSION AGREEMENT
WITH CHARTER COMMUNICATIONS FOR THE EXTENSION OF
CABLE SERVICES INTO THE CITY, BROUGHT ABOUT BY
ANNEXATIONS. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 301-2 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 30,
UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
AMEND SECTION 30-39, ENTITLED WHEN PAYMENT DUE, AND
SECTION 30-41, ENTITLED DISCONNECTION FOR NONPAYMENT,
AND TO ADD A NEW SECTION 30-46, TO BE ENTITLED TESTING
OF WATER METERS; HAVING A PENALTY CLAUSE, A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Ms. Andrea Gardner, Director of Finance.
CONSIDERATION AND POSSIBLE ACTION - REGARDING A
REQUEST FOR A NOISE PERMIT APPLICATION FOR A LIVE BAND
FROM PITCH, PUTT & PLAY LOCATED AT 2551 O'DAY ROAD.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1182 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY
HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING
TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2003-121;
DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO
BE KNOWN AS REINVESTMENT ZONE #12), IN ACCORDANCE
WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT
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ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE
LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT;
AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT
AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL;
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Xl. 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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