2004-11-22 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 22, 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
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.
2.
3.
Minutes of the November 1, 2004, Special Council Meeting held
at 6:30 p.m.
Minutes of the November 1, 2004, Public Hearing held at 6:30
p.m.
Minutes of the November 8, 2004 Special Council Meeting held at
7:00 p.m.
4. Minutes of the November 8, 2004 Regular Council Meeting held
at 7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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
G LOSSO N ROAD) (APPLICATION NO. 1193) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
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 - SECOND AND FINAL
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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 - SECOND AND FINAL
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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,
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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 Attomey.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 Attorney.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
TOUR-DE-LITES EVENTS ROUTE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR DECEMBER 2004, DUE TO THE HOLIDAY
SEASON. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1188 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING STOP SIGNS WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND UPON VETERANS DRIVE IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH
SPRINGFIELD AVENUE, UPON VETERANS DRIVE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
SPRINGFIELD AVENUE; 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 STOP
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IX.
X.
1.
SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE EXECUTION OF
RIGHT-OF-WAY DEEDS FOR THE STATE HIGHWAY 35 PROJECT.
Mr. Joe Wertz, Jr. Project Director.
CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF
THE CITY MANAGER'S APPOINTMENT OF ONE (1) MEMBER TO
SERVE ON THE CIVIL SERVICE COMMISSION WITH THE TERM
EXPIRING NOVEMBER 1,2007. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1189 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND
DISANNEXING CERTAIN TERRITORY FROM THE CITY AND
ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAIN-
lNG A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF WEST MARY'S CREEK DETENTION FACILITY. Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-189 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE MCHARD ROAD PROJECT (EAST
OF STATE HIGHWAY 25). Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE STATE OF
TEXAS FOR CELLULAR WIRELESS AND EQUIPMENT SERVICES.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-188 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF THE WESTGATE DRIVE WATER AND SEWER
IMPROVEMENTS. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-187 - 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 KLOTZ ENGINEERING FOR ENGINEERING SERVICES
ASSOCIATED WITH THE REHABILITATION OF THE GREEN TEE
LIFT STATION. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF
MOBILE AND HANDHELD RADIOS. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS TO THE CITY OF PEARLAND PARKS,
RECREATION AND BEAUTIFICATION BOARD. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE
PARADE ROUTE FOR CITY CHRISTMAS PARADE ON FM 518.
City Council.
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10.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-194 - 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
STATE OF TEXAS, FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY
TRAFFIC SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON
EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN
THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT; AND DECLARING AN EMERGENCY.
Mr. Alan Mueller, Deputy City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS: CITY BOARDS
AND COMMISSIONS. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING UTILITIES. Mr. Darrin Coker, City Attomey.
NEW BUSINESS (CONTINUED):
11. CONSIDERATION AND POSSIBLE ACTION - REGARDING CITY
BOARDS AND COMMISSIONS. City Council.
12. CONSIDERATION AND POSSIBLE ACTION - REGARDING
UTILITIES. 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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