2005-05-09 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF,PEARLAND , CITY COUNCIL
May 9, 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 Marcor
Position No. 4
Bill Eisen
City Manager
Kevin Cole
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young Lorfing
City Secretary
In accordance with the Texas Open Meeting Act the Agenda is posted for public l
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.
AMENDED AGENDA
ADDED EXECUTIVE SESSION ITEM & NEW BUSINESS ITEM NO. ~14
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MAY 9, 2005, 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
III. MAYOR'S ACTIVITY REPORT
1. Presentation of Awards to Emergency Personnel
2. Presentation of Proclamation "EMS & Trauma Awareness Month"
3. Presentation of Proclamation "National police Week"
4. Presentation of Proclamation "National Public Works Week"
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 7, 2005, Special Meeting held at 7:00 p.m.
2. Minutes of the April 4, 2005, Special Meeting held at 6:00 p.m.
3. Minutes of the April 25, 2005, Regular Meeting held at 7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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 - SECOND AND FINAL
READING OF ORDINANCE NO. 1216 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLANDi 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 - APPOINTMENT OF
MEMBER TO TAX INCREMENT REINVESTMENT ZONE NO. 2
("TIRZ") BOARD. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1218 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING TH E PLACEMENT OF STOP SIGNS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND (SUNRISE
BLVD. @ SUNLAKE DR. AND SUNNY SHORES DR. @ SUNDOWN
DR.); 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.
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IX.
X.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1217 - 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/OR 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 BYTHE 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 Attorney.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-776 - 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 19.88 ACRES OF LAND OUT OF W T DODSON SURVEY,
BLOCK 1, TRACT B1-E-E1, ABSTRACT 187, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
WEST SIDE OF STONE ROAD, AND NORTH OF BROOKSIDE
ROAD) (APPLICATION NO. 1225) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF
MICHAEL ZINGALIS, APPLICANT FOR KATHERINE URBANEK,
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. 509-777 - 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,
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TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 2.00 ACRES OF LAND OUT OF LOT 5-B, OF THE F.B.
DRAKE SURVEY, ALSO KNOWN AS THE H.T. & B.R.R. COMPANY
SURVEY, SECTION 14, ABSTRACT 509, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
WEST SIDE OF MCLEAN ROAD, AND SOUTH OF MAGNOLIA
STREET) (APPLICATION NO. 1221) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF JAMES AND
KATE HARRISON, 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-L - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22.7,
SIDEWALKS OF THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509),
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A EMERGENCY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 741-5 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE
OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, FOR THE PURPOSE OF PROMOTING ORDERLY
DEVELOPMENT IN THE CITY AND ITS EXTRATERRITORIAL
JURISDICTION; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND
AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT
WITH SHAWCOR PIPE PROTECTION ("SCPP"); FINDING AND
DETERMINING THAT TERMS OF SAID AGREEMENT MEET THE
REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S.
AS AMENDED, ORDINANCE NO. 1212, ESTABLISHING
REINVESTMENT ZONE #13, AND THE GUIDELINES AND CRITERIA
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St
10.
11.
FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT
AGREEMENTS SET FORTH IN RESOLUTION NO. R2003-121.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION- RESOLUTION NO.
R2005-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN
ENGINEERING CONTRACT WITH JOHN HARGROVE FOR
ENGINEERING SERVICES. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-79 - 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 EQUISTAR
CHEMICALS, LP., FOR THE RELOCATION OF A GAS
TRANSMISSION LINE ASSOCIATED WITH THE WIDENING OF
DIXIE FARM ROAD. Mr. Bill Risen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-80 - 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 DUKE
ENERGY FIELD SERVICES FOR THE RELOCATION OF A GAS
TRANSMISSION LINE ASSOCIATED WITH THE WIDENING OF
DIXIE FARM ROAD. Mr. Bill Risen, City Manager.
CONSIDERATION AND pOSSIBLE ACTION - RESOLUTION NO.
R2005-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4
ASSOCIATED WITH THE CONSTRUCTION OF THE VETERANS
DRIVE LIFT STATION. Mr. Bill Risen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE JOHN LIZER SANITARY
SEWER PROJECT (SH 35 TO PEARLAND PARKWAY).
Mr. Bill Risen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-77 - 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 TDESI INFRASTRUCTURE GROUP FOR ENGINEERING
DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD
EXPANSION PROJECT. Mr. Bill Risen, City Manager.
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12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUPPORTING A PREFERRED
ALIGNMENT FOR THE STATE HIGHWAY 35 MAJOR CORRIDOR
FEASIBILITY STUDY. Mr. Alan Mueller, Deputy City Manager.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-85 - 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 ENGINEERING
SERVICES ASSOCIATED WITH IMPLEMENTATION OF THE CITY'S
REVISED DRAINAGE DESIGN CRITERIA. Mr. Doug Kneupper, City
Engineer.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY- REGARDING POTENTIAL LITIGATION.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
14.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION. City Council.
XI. ADJOURNMENT
This site is .accessible to disabled individuals. For special assistance, please call Young
Lofting at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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