2004-10-25 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
October 25, 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 Lorf'mg
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 OCTOBER 25, 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
II1. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation "Pearland Indians Diwali
Celebration 2004"
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:
2.
3.
4.
5.
Minutes of the September 20, 2004, Special Meeting held at 6:30
p.m.
Minutes of the September 20, 2004, Public Hearing held at 6:30
p.m.
Minutes of the September 20, 2004, Public Hearing held at 6:30
p.m.
Minutes of the September 27, 2004, Public Hearing held at 6:30
p.m.
Minutes of the September 27, 2004, Public Hearing held at 6:30
p.m.
Page I of 6 - 10/25/2004
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-738 - 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 1.0927 ACRE TRACT OF LAND OUT OF THE SOUTH 156.10
FEET OF LOT 44 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 2, PAGE 23-24 OF THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
EAST SIDE OF HILLHOUSE ROAD, AND NORTH OF FM 518
(BROADWAY STREET)) (APPLICATION NO. 1187) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
SILVER PEAR 518 BUSINESS PARK, LTD., APPLICANT FOR
THEODORE AND MAMMIE MOORE, 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. Mr. Nick Finan, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-739 - 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 18.325 ACRE TRACT OF LAND IN THE T. D. YOAKUM
SURVEY, ABSTRACT 399, AND THE A.C.H. & B. SURVEY,
ABSTRACT 147, BRAZORIA COUNTY, TEXAS, SAID TRACT BEING
DESCRIBED IN A DEED RECORDED IN CLERK'S FILE NO.
2004018266 IN THE BRAZORIA COUNTY CLERK'S OFFICE
(GENERALLY LOCATED ON THE NORTH SIDE OF JOHN LIZER
ROAD, AND EAST OF PEARLAND PARKWAY) (APPLICATION NO.
1189) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-l) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF CLARINDA ROBERTSON, APPLICANT FOR VIVIEN
NAEVE, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
Page 2 of 6 - 10/25/2004
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-740 -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 10.00 ACRES OF LAND, SITUATED IN THE SOUTHWEST
1/4 OF THE NORTHWEST 1/4 OF SECTION 17, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 242, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED AT THE NORTHEAST CORNER OF FITE
ROAD AND COUNTY ROAD 89 (OLD CHOCOLATE BAYOU ROAD))
(APPLICATION NO. 1191) FROM CLASSIFICATION PLANNED UNIT
DEVELOPMENT (PUD) TO GENERAL BUSINESS DISTRICT (GB)
AT THE REQUEST OF MICHAEL POLLOK, APPLICANT FOR FITE
INTERESTS, 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.
Mr. Nick Finan, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-741 - 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 1.25 ACRES OF LAND, TRACT 9A2C, ABSTRACT 546, H.T.
& B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS
(LOCATED AT 6222 TERRELL DRIVE) (APPLICATION NO. 1192)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF FATIMA E. AND PEDRO S. HERNANDEZ, 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. Mr. Nick Finan, Executive Director of
Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1185 - 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
Page 3 of 6 - 10/25/2004
IX.
X.
H=
a
=
ROAD AND UTILITY 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 Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-179 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A UTILITY AGREEMENT WITH
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE
ACCEPTANCE OF TRAVIS ESTATES.
Engineer.
ACTION - SUBDIVISION
Mr. Doug Kneupper, City
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-177 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH SHADYCREST INFLOW AND
INFILTRATION IMPROVEMENT PROJECT (PHASE II).
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-176 - 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 PROPERTY
ACQUISITION SERVICES, INC. FOR RIGHT-OF-WAY ACQUISITION
SERVICES ASSOCIATED WITH THE MAGNOLIA EXPANSION
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-175 - 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
Page 4 of 6 - 10/25/2004
m
Sm
WITH FREESE AND NICHOLS, INC. FOR ENGINEERING DESIGN
SERVICES ASOCIATED WITH THE CONNECTION OF ALICE ROAD
AND THE FUTURE MCHARD ROAD. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-174 - 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 AND BURGESS, INC. FOR ENGINEERING
SERVICES ASSOCIATED WITH THE ANALYSIS OF THE WALNUT
LIFT STATION SERVICE AREA. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 3
WITH FREESE AND NICHOLS, INC. FOR ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY
SEWER PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 532-4 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 532, THE FLOOD HAZARD PREVENTION
ORDINANCE, FOR THE PURPOSE OF UPDATING ARTICLE 5,
SECTION B; BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERA-
BILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION
AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY,
AS THE PROVISION OF NATIONAL FLOOD INSURANCE BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF
PEARLAND CITIZENS. Mr. Doug Kneupper, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH LNR CLEAR CREEK SPECTRUM LIMITED PARTNERSHIP
FOR DEVELOPMENT OF A BUSINESS PARK. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT
WITH THIRD COAST TERMINALS ("TCT") FOR PURPOSES OF
Page 5 of 6 - 10/25/2004
ABATING THE INCREASED VALUE OF THE PROPERTY OWNED
BY TCT AT A RATE OF SEVENTY-FIVE PERCENT (75%) FOR A
PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2005, AND
ENDING DECEMBER 31, 2006, AND AT A RATE OF FIFTY
PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2) YEARS
BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2008
AND AT A RATE OF TWENTY FIVE PERCENT (25%) FOR A
PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2009, AND
ENDING DECEMBER 31, 2009; FINDING AND DETERMINING THAT
TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE
AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF
THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1182,
WHICH ESTABLISHED REINVESTMENT ZONE #11, AND THE
GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT
ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN
RESOLUTION NO. R2003-121. Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING ASSOCIATE MUNICIPAL COURT JUDGES.
Mr. Darrin Coker, City Attorney.
J
SECTION 551.072 - CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - REGARDING
ASSOCIATE MUNICIPAL COURT JUDGES. City Council.
10,
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ACQUISITION OF LAND ASSOCIATED WITH RIGHT-OF-WAY.
City Council.
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lofting at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
Page 6 of 6 - 10/25/2004