2005-06-13 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIl,
June 13, 2005
7:30 p.m.
MAYOR
Tom Reid
Kevin Cole
Mayor Pro-Tem
Position No. 5
Richard Tetens
Position No. 1
COUNCIL MEMBERS
Woody Owens
Position No. 2
Charles Viktorin
Position No. 3
Bill Eisen
City Manager
Larry Marcott
Position No. 4
Darrin Coker
City Attorney
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.
AMENDED AGENDA
ADDED EXECUTIVE SESSION ITEM NO. 2 & NEW BUSINESS ITEM NO. 17
AGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JUNE 13, 2005, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1.
2.
Presentation of Proclamation "Cigarette Litter Awareness Day"
Presentation of Proclamation "Officer DeWayne Crabb 2005
Pearland Exchange Club Officer Of The Year"
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 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.
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 May 16, 2005, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the May 17, 2005, Special Meeting held at 6:45 p.m.
3. Minutes of the May 23, 2005, Regular Meeting held at 7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1219 - AN ORDINANCE OF THE
CITY OF PEARLAND ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) AS THE STANDARD FOR
INCIDENT MANAGEMENT. Mr. Steve Chapman, Fire Marshal
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-778 -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 A 15.00 ACRE TRACT OF LAND OUT OF THE DISSEN
CALLED 136.955 ACRE TRACT, RECORDED IN VOLUME 505,
PAGE 86, OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, SITUATED IN THE THOMAS J. GREEN SURVEY,
ABSTRACT 198, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS; A 26.9158 ACRE TRACT OF LAND IN THE THOMAS J.
GREEN SURVEY, ABSTRACT 165, BRAZORIA COUNTY, TEXAS,
AND BEING A PART OF THAT CERTAIN 136.955 ACRE TRACT,
RECORDED IN VOLUME 505, PAGE 86, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS; 5.7375 ACRES OF LAND SITUATED IN THE
W.D.C. HALL SURVEY, ABSTRACT 23, HARRIS COUNTY, TEXAS,
AND BEING OUT OF A 468.92 ACRE TRACT BEING MORE FULLY
DESCRIBED IN VOLUME 1676, PAGE 362, OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND,
HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE
NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE
EAST SIDE OF PEARLAND PARKWAY) (APPLICATION NO. 1226)
FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB),
SINGLE FAMILY DWELLING DISTRICT (R-2), (R-3), AND (R-4), TO
PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE
REQUEST OF LJA ENGINEERING AND SURVEYING, INC.,
APPLICANT FOR THE MAVERICK GROUP, LLP, 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 - EXCUSE MAYOR
TOM REID'S ABSENCE FROM THE MAY 23, 2005, REGULAR
COUNCIL MEETING. City Council.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF SHADOW CREEK RANCH SF-45 A.
Mr. Doug Kneupper, City Engineer.
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IX.
X.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF SHADOW CREEK RANCH SF-47.
Mr. Doug Kneupper, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF SOUTHGATE SECTION TWO.
Mr. Doug Kneupper, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, SUPPORTING THE TEXAS AIR NATIONAL GUARD
147TM FIGHTER WING AT ELLINGTON FIELD. Mr. Bill Eisen, City
Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-780 -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 12, SECTION 3, OF GARDEN ACRES SUBDIVISION,
ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2539
THELMA DRIVE)(APPLICATION NO. 1228) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF GLADYS DIAN
LANE, 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. 509-781 - 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 9H7 AND 9H4, OF RICHLAND ACRES SUBDIVISION,
AN UNRECORDED SUBDIVISION, H.T. & B.R.R. COMPANY
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SURVEY, ABSTRACT 509, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (LOCATED AT 3801 AUBRELL DRIVE)
(APPLICATION NO, 1229) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF SEAN SCOTT, 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. 509-782 -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 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. 1230) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD
SERVICE DISTRICT (NS) AT THE REQUEST OF EDWARD M.
POLKER, 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. 509-783 - 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 2.50 ACRES, TRACT 11-C, H.T. & B.R.R. COMPANY
SURVEY, SECTION 2, ABSTRACT 542, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF
ORANGE STREET, AND EAST OF STATE HIGHWAY 35 (MAIN
STREET) (SPECIFIC USE PERMIT APPLICATION NO. 143) FOR A
SPECIFIC USE PERMIT FOR STORAGE AND MINI-WAREHOUSE
IN THE COMMERCIAL DISTRICT (C(S)), AT THE REQUEST OF
BOBBY B. TRAN, APPLICANT FOR TWIN OAKS BUSINESS PARK,
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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. 509-779 -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 30.06 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R.
COMPANY SURVEY, SECTION 1, ABSTRACT 233, AND THE R.B.
LYLE SURVEY, SECTION 2, ABSTRACT 542, ALSO BEING ALL OF
RESERVE "A," "B," "C," AND "D," OF PEARLAND CENTRAL WAL-
MART, A SUBDIVISION RECORDED AT VOLUME 24, PAGE 250, OF
THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 1919 N. MAIN STREET)
(SPECIFIC USE PERMIT APPLICATION NO. 142) FOR A SPECIFIC
USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND SALE OF
MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL
DISTRICT (C(S)), AT THE REQUEST OF HUGH BLANCHARD,
APPLICANT FOR WAL-MART STORES TEXAS L.P., 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. 943-11 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S
COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A
SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE AND FOR CODIFICATION. Mr. Nick Finan, Executive Director
of Community Services.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH MEYERS
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10.
11.
12.
AND ASSOCIATES ASSOCIATED WITH THE PERFORMANCE OF
LOBBYING SERVICES. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-96 - 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. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONSENTING TO AN APPLICATION FOR
DUAL CERTIFICATION ASSOCIATED WITH THE CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 669-3 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ARTICLE II, RIGHT-OF-WAY MANAGEMENT, OF CHAPTER 26,
RIGHTS-OF-WAY, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY AS THE
NEED TO REGULATE THE CITY'S RIGHTS-OF-WAY INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1220 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9 ½,
EMERGENCY MEDICAL SERVICES, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING THE
ORDINANCES RELATIVE TO EMERGENCY MEDICAL SERVICES;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
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HIS DESIGNEE TO ENTER INTO A CONTRACT WITH FREESE AND
NICHOLS, INC., FOR ENGINEERING SERVICES ASSOCIATED
WITH THE DESIGN AND CONSTRUCTION OF BAILEY/OILER
DRIVE BETWEEN SH 35 AND VETERANS DRIVE. Mr. Bill Eisen,
City Manager.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE HICKORY CREEK WATER
AND SEWER PROJECT. Mr. Bill Eisen, City Manager.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-103 - 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 BRW,
INC., FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE
RENOVATION AND EXPANSION OF THE KNAPP SENIOR
CENTER. Mr. Bill Eisen, City Manager.
15.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO APPLY FOR A TEXAS PARKS AND WILDLIFE
TRAILS GRANT. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY- REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS. Mr. Bill Eisen, City Manager.
SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
REGARDING CONSULTANT AGREEMENT. Mr. Darrin Coker,
City Attorney.
NEW BUSINESS (CONTINUED):
16.
17.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council.
CONSIDERATION AND POSSIBLE ACTION
POTENTIAL LITIGATION REGARDING
AGREEMENT. City Council.
- REGARDING
CONSULTANT
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Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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