2005-03-28 7:30 PM CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND * CITY COUNCIL
March 28, 2005
7:30 p.m.
MAYOR
Tom Reid
Richard Tetens
Position No. 1
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
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 MARCH 28, 2005, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-753 - 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 2.00 ACRES, WILLETTS SUBDIVISION, ABSTRACT 70,
W.D.C. HALL SURVEY, LOT 2, 2C, 2D, 2C1, 2D1, AND 2E, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND
EAST OF HAMM ROAD) (APPLICATION NO. 1200 & SPECIFIC USE
PERMIT APPLICATION NO. 138) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS DISTRICT -
SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT FOR
STORAGE AND MINI-WAREHOUSE, AT THE REQUEST OF
Page 1 of 7- 7:30 p.m. 3/28/2005
ROBERT MCCONNELL AND G JR INVESTMENT MANAGEMENT,
INC., APPLICANT FOR TEXAS NO. 4, LTD., OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERADILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Dardn Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-762 - 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 7.20 ACRES OF LAND OUT OF LOT 41, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, PART OF
SUBURBAN GARDENS SUBDIVISION, OF SECTION 1, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 310, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT AS RECORDED IN
VOLUME 2, PAGE 107-108, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE
OF HUGHES RANCH ROAD (CR 403), AND ON THE WEST SIDE OF
BROOKNEY STREET) (APPLICATION NO. 1210) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE
REQUEST OF C & D CONSTRUCTION, APPLICANT FOR LEASE A
LOT, 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. 509-763 - 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 LOTS 65A AND 66A, FIGLAND ORCHARD SUBDIVISION,
ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5930 FITE
ROAD) (APPLICATION NO. 1212) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF RORY C.
Page 2 of 7 - 7:30 p.m. 3/28/2005
WILCOX, 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 SUBdECT. Mr. Nick Finan,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-764 - 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 4, BLOCK 7, HICKORY CREEK PLACE, SECTION 7,
ABSTRACT 219, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 2213 MELANIE LANE) (APPLICATION NO. 1216)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF DAVID E. NUGENT, 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. 509-765 -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 1.6053 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. 1211) FROM CLASSIFICATION ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R-E) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF AFIS AND
NICHOLE OLAJUWON, 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.
Page 3 of 7 - 7:30 p.m. 3/28/2005
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-766- AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 509, THE LAND USE AND UR[~AN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING LOTS 1, 2, 13, AND 14, BLOCK 2, OF CAS CON ACRES,
ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF HARKEY ROAD, ON THE SOUTH SIDE OF
WILLOW STREET, AND ON THE NORTH SIDE OF COTTONWOOD
STREET) (APPLICATION NO. 1215) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (CB) AT THE REQUEST OF E. M. POLKER
AND RICK BRUMLEY, 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. 509-767- 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 104.89 ACRES OF LAND, OUT OF TRACTS 83, 84, 85 AND
86, OUT OF THE ZYCHLINSKI SUBDIVISION OF SECTION 3 AND 4,
H.T. & B.R.R. COMPANY SURVEY AND R.B. LYLE SURVEY,
ABSTRACTS 232 AND 543, AS RECORDED IN VOLUME 29, PAGE
43, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 4501
KNAPP ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 140)
FOR A SPECIFIC USE PERMIT FOR A PIPE PROCESSING
FACILITY IN THE LIGHT INDUSTRIAL DISTRICT (M-I(S)) AT THE
REQUEST OF JOHN ANDREWS, APPLICANT FOR SHAWCOR PIPE
PROTECTION 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. Mr. Nick Finan,
Executive Director of Community Services.
Page 4 of 7 - 7:30 p.m. 3/28/2005
Ug
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-768 - 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 522.62 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R.
COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND SECTION
84, ABSTRACT 538, BEING ALL OF A CALLED 120.134 ACRE
TRACT OF LAND DESCRIBED IN A DEED RECORDED VOLUME
(90) 820, PAGE 217, VOLUME (91) 866, PAGE 357 AND VOLUME
(92) 994, PAGE 172 ALL OF THE BRAZORIA COUNTY DEED
RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20
THROUGH 26, 27 THROUGH 34, LOTS 37 AND 38 AND THE WEST
ONE-HALF OF LOT 39, ALL OF LOTS 42, 43, 44, 45, 52 THROUGH
55, AND 8.11 ACRES OF LOT 56 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME
2, PAGE 98 OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE SOUTH SIDE OF BROADWAY STREET (CR 92), ON THE
NORTH SIDE OF COUNTY ROAD 59, AND ON THE EAST AND
WEST SIDES OF COUNTY ROAD 48) (APPLICATION NO. 1217)
FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT
DISTRICT (PUD) TO PLANNED UNIT DEVELOPMENT DISTRICT
(PUD), AN AMENDMENT TO THE EXISTING PUD FOR SOUTHERN
TRAILS, AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, INC., APPLICANT FOR ASHTON SOUTHERN
TRAILS JOINT VENTURE, 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. 1209 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO AMEND SECTION 7-13, ENTITLED ADOPTED;
SECTION 7-13.1, ENTITLED AMENDMENTS; MODIFICATIONS;
ADDITIONS; DELETIONS, SECTION 7-51, ENTITLED ADOPTION
OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION 7-
51.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS;
DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY
Page 5 of 7 - 7:30 p.m. 3/28/2005
CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1210 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 23, PLUMBING AND GAS, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND SECTION 23-1, ENTITLED
ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS;
SECTION 23-1.1, ENTITLED AMENDMENTS; MODIFICATIONS;
ADDITIONS; DELETIONS, SECTION 23-161, ENTITLED ADOPTION
OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION
23-161,1, ENTITLED AMENDMENTS; MODIFICATIONS;
ADDITIONS; DELETIONS, HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Nick Finan, Executive Director of Community Services.
Em
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1211 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE III,
ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Steve Chapman, Fire Marshal.
IX.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.074 - PERSONNEL MATTERS -
APPOINTMENT OF MEMBER TO TAX INCREMENT
REINVESTMENT ZONE NO. 2 ("TIRZ") BOARD.
City Council.
SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY. Mr. Darrin Coker, City Attorney.
Page 6 of 7 - 7:30 p.m. 3/28/2005
SECTION 551.074 - PERSONNEL MATTERS - ANNUAL
EVALUATION OF THE CITY ATTORNEY. City Council.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENT OF MEMEBER TO THE TAX INCREMENT
REINVESTMENT ZONE NO. 2 ("TIRZ") BOARD. City Council.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
CONSULTATION WITH CITY ATTORNEY. City Council.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
ANNUAL EVALUTION OF THE CITY ATTORNEY. City Council.
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Youn.q
Lorfin.q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
Page 7 of 7 - 7:30 p.m. 3/28/2005