2004-11-08 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
November 8, 2004 7:30 p.m.
MAYOR
Tom Reid
Charles Viktorin
Mayor Pro-Tem
Position No. $
COUNCIL MEMBERS
Richard Tetens
Position No. 1
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 I
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
CHANGED CAPTION FOR NEW BUSINESS ITEM # 8 RESOLUTION NO. 2004-185
AND NEW BUSINESS ITEM # 9 ORDINANCE NO. 301-2
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 8, 2004, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
I1. INVOCATION AND PLEDGE OF ALLEGIANCE
II1. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation -"Association of periOperative
Registered Nurses (AORN) Week"
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 October 11, 2004, Regular Council Meeting held at
7:30 p.m.
2. Minutes of the October 18, 2004, Special Council Meeting held at
7:00 p.m.
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IX,
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Minutes of the October 25, 2004, Special Council Meeting held at
6:30 p.m.
Minutes of the October 25, 2004, Regular Council Meeting held at
7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-28.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-34.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-35.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-183 - 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 CITY OF GROVES FOR COOPERATION IN THE PURCHASE
OF WATER METERS. Mr. Darrin Coker, City Attomey
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-743 - 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 1.00 ACRE TRACT OUT OF THE NORTH 1/2 OF LOT 22,
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION,
SECTION 81, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 2, PAGE 98, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF FUTURE BROADWAY
STREET (COUNTY ROAD 92), AND ON THE EAST SIDE OF
GLOSSON ROAD) (APPLICATION NO. 1193) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
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MELINDA ROSINSKI, APPLICANT FOR WILLIAM C. WALSH,
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. 509-744 - 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.C. HALL
SURVEY, ABSTRACT 70, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED SOUTH OF BROADWAY
STREET (FM 518), AND WEST OF LIBERTY DRIVE) (APPLICATION
NO. 1194) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-4) TO COMMERCIAL DISTRICT (C) AT THE REQUEST
OF OSBORN AND VANE ARCHITECTS, APPLICANT FOR DONYA
LLC, 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. 509-745 - 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 1.00 ACRE TRACT OF LAND, TRACT 9A5A, ABSTRACT 546,
H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS
(LOCATED AT 6313 TERRELL DRIVE) (APPLICATION NO. 1195)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF JOSE CARLOS SALDIVAR, 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. 509-746 - 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 3.394 ACRES OF LAND, BEING A PART OF LOT 7 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN
GARDENS SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGES
23 AND 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY
STREET (FM 518) AND ON THE EAST SIDE OF OWER LANE)
(APPLICATION NO. 1196) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF BRAZOSPORT
CARDIOLOGY, APPLICANT FOR CHARLES W. KENNEDY, JR.,
TRUSTEE, 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. 509-747 - 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 11.6053 ACRES, BEING THE REMAINDER OF LOT 8,
HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R.
COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF
HUGHES RANCH ROAD (CR 403), AND EAST OF BRYAN COURT)
(APPLICATION NO. 1198) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF AFIS AND
NICHOLE OLAJUWON, 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.
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11.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
MEMBERS TO SERVE ON THE OLD TOWNSITE COMMITTEE.
Mr. Nick Finan, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A LETTER OF AGREEMENT WITH
BEAZER HOMES TEXAS, L.P., FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE PEARLAND PARKWAY ROUND-A-BOUT.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-185 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AN UPDATE OF THE
MASTER PARKS PLAN. Mr. Bill Eisen, City Manager.
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 30-35, ENTITLED CHARGES REQUIRED,
SECTION 30-36, ENTITLED REFUND OF DEPOSIT, 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.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
AUTHORIZING THE ISSUANCE OF $4,440,000 UNLIMITED TAX
BONDS, SERIES 2004. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - DIRECTIVE TO
STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF
THE SPECTRUM AREA EAST, THE SPECTRUM AREA WEST, AND
VILLA VERDE. Mr. Alan Mueller, Deputy City Manager.
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14.
15.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1186 - 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 BAILEY ROAD AND
LAWRENCE PLACE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-181 - RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING AND REAPPOINTING
MEMBERS OF VARIOUS CITY BOARDS AND COMMISSIONS.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
TWENTY FOOT (20') SANITARY SEWER EASEMENT RECORDED
IN VOLUME 1506, PAGE 508 OF THE PLAT RECORDS OF,
BRAZORIA COUNTY, TEXAS, 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 - FIRST READING OF
ORDINANCE NO. 509-748 - 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 29.3049 ACRES OF LAND OUT OF TRACT 162 OF THE W.
ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 551, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING A
PART OF THE LANDS DESCRIBED IN DEED TO R. WEST
DEVELOPMENT CO., INC., RECORDED UNDER BRAZORIA
COUNTY CLERK'S FILE NO. 99-040666, AND A DEED TO
RAVENWOOD SECTION 3, LTD., RECORDED UNDER BRAZORIA
COUNTY CLERK'S FILE NO. 02-037050, BOTH OF THE OFFICIAL
PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF FUTURE PEARLAND
PARKWAY, AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION
NO. 1174) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-4) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE
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REQUEST OF R. WEST DEVELOPMENT COMPANY, INC., 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.
16.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-749 - 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 5.00 ACRES OF LAND BEING THE WEST HALF OF LOT 19,
ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN
GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98
OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(LOCATED AT 12216 WEST BROADWAY STREET) (APPLICATION
NO. 1197 & SPECIFIC USE PERMIT APPLICATION NO. 136) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE PERMIT
(R-I(S)) FOR A CHURCH AND CHURCH FACILITIES AT THE
REQUEST OF PASTOR KEITH ANDERSON, APPLICANT FOR
PEARLAND NEW HARVEST CHRISTIAN FELLOWSHIP, INC.,
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.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING THE CITY OF PEARLAND CODE OF
ORDINANCES. Mr. Darrin Coker, City Attomey.
SECTION 551.074- PERSONNEL MATTERS: REVIEW OF
APPLICANTS FOR THE APPOINTMENT TO SERVE AS
ASSOCIATE MUNICIPAL COURT JUDGE. City Council.
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NEW BUSINESS (CONTINUED):
17.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
CITY OF PEARLAND CODE OF ORDINANCES. City Council.
18.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
APPOINTMENT AN ASSOCIATE MUNICIPAL COURT JUDGE. -
City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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