2005-04-11 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
April 11, 2005 7:30 p.m.
Richard Tetens
Position No. 1
MAYOR
Tom Reid
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 Alan Mueller Young Lorfing
City Attorney Deputy City Manager City Secretary
~rdance with the Texas Open Meeting Act the Agenda is posted for pu--'~-c
I info..rm_ation, at all times, for at least 72 hours precedin the
L on the bulletin board located at th f-,,-* ............ g _. s. cheduled time of the meeting
e ..... · =.t,~.ce or ~ne Gity flail, 3519 Liberty Drive.
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON APRIL 11, 2005, 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
Presentation of Proclamation "Project Graduation Day"
Presentation of Proclamation "National and Pearland Volunteer
Week"
Presentation of Proclamation "18th Annual Crawfish Festival Day"
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.
MA7TERS 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 March 21,2005, Public Hearing held at 6:30 p.m.
2. Minutes of the March 21,2005, Public Hearing held at 6:30 p.m.
3. Minutes of the March 21, 2005, Special Council Meeting at 6:00
p.m.
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IX.
X.
aw
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1215 - 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
ROAD. DRAINAGE 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 Attomeyo
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-769 - 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 0.950 ACRE TRACT OF LAND, LOT 8, OF HOANG
SUBDIVISION, AN UNRECORDED SUBDIVISION OF 11.980 ACRE
TRACT OF LAND BEING LOT 49 AND THE NORTH 87.05 FEET OF
LOT 50, OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 9, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 234, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 2, PAGES 23 AND 24, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED WEST OF
ROY ROAD, AND NORTH OF ROBIN SOUND STREET)
(APPLICATION NO. 1219) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF SYLVIA C. BETANCOURT,
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 F/nan,
Executive Director of Community Services.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-770 - 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 0.76 ACRES OF LAND, CALLED LOT 16 OF THE
UNRECORDED SHARONDALE SUBDIVISION, SITUATED IN A 10
ACRE TRACT OF LAND IN THE SOUTH ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER OF THE G.C. SMITH SURVEY, SECTION 16, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 546, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 6217 SHARONDALE
STREET) (APPLICATION NO. 1220) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF MANUEL
MORALES, 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 - FIRST READING OF
ORDINANCE NO. 509-772 - 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 0.43 ACRES OF LAND OUT OF PEARLAND TOWNSITE,
LOTS 19, 20, 21, 22, 23, AND 24, BLOCK 32, AND LOTS 19A, 20A,
21A, 22A, 23A, AND 24A, BLOCK 32, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE
NORTHEAST CORNER OF WALNUT STREET AND SAN ANTONIO
AVENUE) (APPLICATION NO. 1224) FROM CLASSIFICATION
MULTI-FAMILY DISTRICT (MF) TO NEIGHBORHOOD SERVICE
DISTRICT (NS) AT THE REQUEST OF WILLIAM E. MOODY,
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 - FIRST READING OF
ORDINANCE NO. 509-773 - 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, BLOCK 1, OF WESTFIELD ESTATES, ABSTRACT 70,
W.D.C. HALL, AS RECORDED IN VOLUME 22, PAGE 37 AND 38,
OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF DIXIE FARM ROAD, AND SOUTH OF
WESTFIELD LANE) (APPLICATION NO. 1222) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF RICARDO
DAVID AND DANNY WRIGHT, 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 READING OF
ORDINANCE NO. 509-774 - 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 12.604 ACRES OF LAND, PEARLAND PLAZA, LOT 1,
ABSTRACT 198, THOMAS A GREEN SURVEY, CITYOF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 3231 E.
BROADWAY STREET, GENERALLY AT THE NORTHEAST
CORNER OF BROADWAY STREET (FM 518) AND BARRY ROSE
ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 141) FOR A
SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW BUSINESS
SERVICE USE, AND MORE SPECIFICALLY, A "MEDICAL IMAGING
MOBILE VEHICLE" IN THE GENERAL BUSINESS DISTRICT (GB(S))
AT THE REQUEST OF MASTER IMAGING, LLC, APPLICANT FOR
CA NEW PLAN TEXAS ASSETS, LP, 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 - FIRST READING OF
ORDINANCE NO. 1214 - 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 (BELTWAY 8 AT SH 288);
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. Alan Mueller, Deputy
City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1213 - 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 (PARTS OF VILLA
VERDE SECTIONS 2 & 3); 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. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-771 - 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 DESIGNATING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 20.5 ACRES OF LAND OUT OF VILLA VERDE SECTION 2
ACCORDING TO THE PLAT THEREOF FILED IN FILM CODE NO.
537152 OF THE HARRIS COUNTY MAP RECORDS AND VILLA
VERDE SECTION 3 ACCORDING TO THE PLAT THEREOF FILED
IN FILM CODE NO. 533093 OF THE HARRIS COUNTY MAP
RECORDS, W.D.C. HALL SURVEY, ABSTRACT 23, CITY OF
PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED
EAST OF SCARSDALE BOULEVARD, AND SOUTH OF
BLACKHAWK BOULEVARD) (APPLICATION NO. 1218) AS
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) AT
THE REQUEST OF THE CITY OF PEARLAND, APPLICANT,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
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9A.
10.
11.
12.
RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of
Community Services.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM THE
TABLE ACTION REGARDING THE BUDGET AMENDMENT FOR
TURNER, COLLIE, & BRADEN INC. FOR PEARLAND MOBILITY &
DRAINAGE BOND PROGRAM. City Council.
CONSIDERATION AND POSSIBLE ACTION -
AMENDMENT FOR TURNER, COLLIE, & BRADEN
PEARLAND MOBILITY & DRAINAGE BOND PROGRAM.
Mr. Bill Eisen, City Manager.
BUDGET
INC. FOR
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1212 - 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 #13), IN ACCORDANCE
WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT
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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE 2004 ANNUAL REPORT
FOR TAX INCREMENT REINVESTMENT ZONE #2.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-69 - 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 PROJECT
SURVEILLANCE, INC., FOR CONSTRUCTION INSPECTION
SERVICES ASSOCIATED WITH THE KIRBY DRIVE EXTENSION
PROJECT. Mr. Bill Eisen, City Manager.
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13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A STANDARDIZED
CONTRACT FOR MATERIALS TESTING AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT WITH HBC TERRACON, GEOTEST ENGINEERING, QC
LABORATORIES AND PSI ENGINEERING FOR MATERIALS
TESTING SERVICES. Mr. Bill Eisen, City Manager.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S ANNUAL AUDIT
LETTER AS PREPARED BY THE ACCOUNTING FIRM OF
PATTILLO, BROWN AND HILL. Mr. Bill Eisen, City Manager.
15.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
CAPITAL EXPENDITURES. Mr. Bill Eisen, City Manager.
16.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-67 - 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 E~A
ENGINEERING & SURVEYING, INC., FOR ENGINEERING
SERVICES ASSOCIATED WITH IMPLEMENTATION OF THE CITY'S
REVISED DRAINAGE DESIGN CRITERIA. Mr. Doug Kneupper, City
Engineer.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
17.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
Mr. Darrin Coker, City Attorney.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Younq Lorfin_q at 281-
652-1655 prior to the meeting so that appropriate arrangements can be made.
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