2005-02-28 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
February 28, 2005
7:30 p.m.
MAYOR
Tom Reid
Charles Viktorin
Mayor Pro-Tem
Position No. 3
Richard Tetens
Position No. 1
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 FEBRUARY 28, 2005, 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 "Severe Weather Week In Texas"
2. Recognition of Parks and Recreation Department Personnel.
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
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. Minutes of the November 15, 2004, Joint Public Hearing held at
6:30 p.m.
2. Minutes of the February 14, 2005, Regular Council Meeting held
at 7:30 p.m.
3. Minutes of the February 22, 2005, Special Meeting held at 7:30
p.m.
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CONSIDERATION AND POSSIBLE ACTION
COUNCILMEMBER WOODY OWENS ABSENCE
FEBRUARY 14, 2005, REGULAR COUNCIL MEETING.
- EXCUSE
FROM THE
City Council.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-754 - 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 2.488 ACRES OF LAND OUT OF LOT 5, HICKORY PLACE
SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY,
AS RECORDED IN VOLUME 18, PAGE 333, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED SOUTH OF
HUGHES RANCH ROAD (CR 403), AND ON THE EAST SIDE OF
BRYAN COURT) (APPLICATION NO. 1202) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE
REQUEST OF LARRY AND LADONNA RANDLE, 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. 509-755 - 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 22-B, SHARONDALE SUBDIVISION, ABSTRACT 546,
H.T.& B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (LOCATED AT 6305 SHARONDALE STREET)
(APPLICATION NO. 1205) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF FERNANDO PENA, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-756 - 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 10, BLOCK 1, OF COLONIAL ESTATES SUBDIVISION,
ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE
WEST SIDE OF MCLEAN ROAD, AND NORTH OF COLONIAL
DRIVE) (APPLICATION NO. 1209) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF DOUG
MINKOFF, 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. 509-757 - 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 15.0832 ACRES OF LAND, BEING ALL OF LOT 60 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION,
SECTION 85, ABSTRACT 304, H. T. & B.R.R. COMPANY SURVEY,
RECORDED IN VOLUME 2, PAGE 107 OF THE BRAZORIA COUNTY
PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF COUNTY
ROAD 90 (HOOKS ROAD)) (APPLICATION NO. 1203) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JAN
CARRICO, APPLICANT FOR GEORGE RAN ON BEHALF OF
HATTIE MAE WOOD, VIRGLE WOOD HAWK, BEATRICE WOOD
THERIOT, LESLIE GORDON LIERE, AND RICHARD DOUGLAS
LIERE, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-759 - 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 7.5424 ACRES OF LAND IN THE THOMAS GREENE
SURVEY, ABSTRACT 198, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF
PEARLAND PARKWAY, AND SOUTH OF BARRY ROSE ROAD)
(APPLICATION NO. 1208) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF JOE MCELYA, APPLICANT
FOR BEEMAN STRONG, 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. 509-760 - 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 1 AND 2, BLOCK 2, OF CREEKVIEW NO. 2, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2206 E.
BROADWAY) (SPECIFIC USE PERMIT APPLICATION NO. 139)
FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT
(NS) FOR A SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW
BUSINESS SERVICE USE, IN THE NEIGHBORHOOD SERVICE
DISTRICT (NS(S)) AT THE REQUEST OF RICHARD LAUGHLIN,
APPLICANT FOR VIRGIL GANT AND DEBORAH GANT - DBA
CIRCLE PLAZA, 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. 509-761 - 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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IX.
X.
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 6.00 ACRES, BEING PART OF AND OUT OF LOT 178,
ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 551 (G.C. SMITH SURVEY), CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 4430
DIXIE FARM ROAD) (APPLICATION NO. 1206) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGNT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF MERLIN
G. HOISETH, APPLICANT FOR REACTOR SERVICES
INTERNATIONAL, 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.
Mr. Nick Finan, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1203 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING
GUIDELINES AND FORMS ASSOCIATED WITH THE CITY'S
CONSENT TO ENCROACHMENTS INTO EASEMENTS AND
RIGHTS-OF-WAY. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR MARCH 2005. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUPPORTING THE DREDGING OF
CHOCOLATE BAYOU, BRAZORIA COUNTY, TEXAS TO PROTECT
WATERWAYS AND ENSURES ECONOMIC VIABILITY TO $130
MILLION GENERATING INDUSTRY. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1206 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, OF
CHAPTER 28, "TAXATION" OF THE PEARLAND CODE OF
ORDINANCES, BY ADDING SECTION 28.1.2 RELATING TO AN AD
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VALOREM TAX FREEZE FOR RESIDENTIAL HOMESTEAD
PROPERTY OWNERS WHO ARE DISABLED OR 65 YEARS OF AGE
OR OLDER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1204 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING MULTI-WAY STOP SIGNS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND AT THE
INTERSECTION OF ORANGE STREET AND LINWOOD OAKS;
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 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. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1205 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING MULTI-WAY STOP SIGNS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND AT THE
INTERSECTION OF PINE FOREST DRIVE WITH PINE HURST
DRIVE AND PINE STREAM; 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 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. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5
ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT.
Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-44 - 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 KIRST
KOSMOSKI, INC., FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE JOHN LIZER ROAD WIDENING PROJECT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY
EXPENDITURE FOR REPAIRS TO THE BARRY ROSE WASTE
WATER TREATMENT PLANT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL
DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE
U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL
REEVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL
YEAR 2006. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUPPORTING LEGISLATIVE EFFORTS TO
BRING INCREASED ACCOUNTABILITY TO TEXAS' PROPERTY
TAX SYSTEM THROUGH REDUCED PROPERTY TAX APPRAISAL
CAPS.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY- REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ECONOMIC INCENTIVE DEVELOPMENT AGREEMENT.
City Council.
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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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