2005-04-25 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
April 25, 2005
7:30 p.m.
MAYOR
Tom Reid
Charles Viktorin
Mayor Pro-Tem
Position No. 3
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 MueHer
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 APRIL 25, 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 "Motorcycle Safety and Awareness
Month"
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. Minutes of the March 21, 2005, Joint Public Hearing held at 6:30
p.m.
2. Minutes of the March 28, 2005, Regular Meeting held at 7:00 p.m.
3. Minutes of the March 28, 2005, Regular Meeting held at 7:30 p.m.
4. Minutes of the April 11, 2005, Public Hearing held at 6:30 p.m.
5. Minutes of the April 11,2005, Regular Meeting held at 7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 51)9-769 - 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 Finan,
Executive Director of Community Services.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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. 1221)) 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
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PROVISIONS RELATED TO THE SUBJECT.
Executive Director of Community Services.
Mr. Nick Finan,
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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, CITY OF
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 - SECOND AND FINAL
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 - SECOND AND FINAL
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 - SECOND AND FINAL
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
Page 4 of 8 - 4/25/2005
IX.
X.
RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of
Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 - RE-APPOINTMENT
OF STEVE SABOE TO SERVE ON THE BOARD OF DIRECTORS OF
THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION
WITH THE TERM EXPIRING NOVEMBER 1, 2006. Mr. Fred Welch,
Executive Director Pear/and Economic Development Corporation.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-74 - 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
HANDHELD RADIOS. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-775 - 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 5.00 ACRES, BEING PART OF LOTS 78 AND 79, OF THE
FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R.
COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY
ROAD, AND NORTH OF FITE ROAD) (APPLICATION NO. 1213)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE
REQUEST OF JACK MCGUFF, JR., AIA, APPLICANT FOR
MASSOUD MOTAMEDI, 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 - RESOLUTION NO.
R2005-73 - 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
DANNENBAUM ENGINEERING CORP., FOR CONSTRUCTION
MANAGEMENT SERVICES ASSOCIATED WITH THE KIRBY DRIVE
EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-72 - 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 THE DEPARTMENT OF PUBLIC SAFETY ("DPS")WHICH
ALLOWS FOR THE CITY'S PARTICIPATION IN THE DPS FAILURE
TO APPEAR PROGRAM. Ms. Pat Riffel, Municipal Court
Administrator.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AN AMENDED
DEVELOPMENT AGREEMENT WITH LENNAR HOMES OF TEXAS
AND CONSTRUCTION, LTD., A TEXAS LIMITED PARTNERSHIP,
DBA "FRIENDSWOOD DEVELOPMENT COMPANY."
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-71 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION
BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
OF APPROXIMATELY 45 ACRES OF LAND. Mr. Darrin Coker,
City Attorney.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-76-A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, SUPPORTING THE CREATION OF
A RURAL TRANSIT DISTRICT IN FORT BEND COUNTY AND
AUTHORIZING THE SELECTION OF THE COMMISSIONERS
COURT OF FORT BEND COUNTY TO ACT AS THE GOVERNING
BODY OF THE DISTRICT. Mr. Tom Reid, Mayor.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1216 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF AN AEROBIC SPRINKLER SYSTEM AND
WELL HOUSE INTO THE CITY'S RIGHT-OF-WAY. Mr. Darrin Coker,
City Attorney.
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 LJA
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 551.087 - CONSULTATION WITH CITY
ATTORNEY- REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Bill Eisen, City Manager.
SECTION 551.074 - PERSONNEL MATTERS - ANNUAL
EVALUATION OF THE CITY MANAGER. City Council.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ECONOMIC INCENTIVE DEVELOPMENT AGREEMENT.
City Council.
10.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
ANNUAL EVALUTION OF THE CITY MANAGER. City Council.
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Xl. 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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