2005-06-27 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
June 27, 2005
7:30 p.m.
MAYOR
Tom Reid
Kevin Cole
Mayor Pro-Tem
Position No. 5
COUNCIL MEMBERS
Richard Tetens
Position No. 1
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.
AGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JUNE 27, 2005, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
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 March 15, 2004, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the May 17, 2004, Joint Public Hearings held at
6:30 p.m.
3. Minutes of the October 18, 2004, Joint Public Hearings held at
6:30 p.m.
4. Minutes of the June 6, 2005, Special Meeting held at 6:00 p.m.
5. Minutes of the June 13, 2005, Regular Meeting held at 7:30 p.m.
6. Minutes of the June 20, 2005, Special Meeting held at 7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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 - SECOND AND FINAL
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
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 - SECOND AND FINAL
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
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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,
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. 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 - SECOND AND FINAL
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 - FIRST AND ONLY
READING OF ORDINANCE NO. 1221 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING MULTI-WAY STOP SIGNS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND AT THE
INTERSECTION OF SUMMER BREEZE DRIVE AND SUNNYCREEK
LANE; 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.
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MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-779. City Council.
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. 509-784 - 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 2.370 ACRE TRACT IN THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 542, BEING PART OF THE SOUTH ONE-
HALF OF LOT 58 OF THE W. ZYCHLINSKI SUBDIVISION, SECTION
TWO AS RECORDED IN VOLUME 29, PAGE 43 OF THE BRAZORIA
COUNTY DEED RECORDS, AND IS PART OF THE REMAINDER OF
A 9.6659 ACRE TRACT DESCRIBED IN A DEED TO PEARLAND
STORAGE FACILITY, L.C., AS RECORDED IN CLERK'S FILE
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NUMBER 93-020900 OF THE BRAZORIA COUNTY OFFICIAL
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF STATE HIGHWAY
35 (MAIN STREET), AND ON THE NORTH SIDE OF FUTURE
MCHARD ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 144)
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
OFFICE WEST REALTY COMPANY, APPLICANT FOR PEARLAND
STORAGE FACILITY, L.C., 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 - RESOLUTION NO.
2005-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE FINAL
RECOMMENDATIONS OF THE CHARTER REVIEW COMMISSION
INTO THE OFFICIAL RECORD OF THE CITY AND DIRECTING
STAFF TO PUBLISH THE RECOMMENDATIONS IN THE
NEWSPAPER. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 6
ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-107 - 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 COBB
FENDLEY & ASSOCIATES, FOR ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT
BETWEEN HARKEY ROAD AND COUNTY ROAD 89. Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-105 - 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 CITY OF FRIENDSWOOD FOR COOPERATION IN THE
PURCHASE OF STORM DEBRIS REMOVAL SERVICES.
Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE EXCHANGE OF
CERTAIN REAL PROPERTY ASSOCIATED WITH THE KIRBY
DRIVE EXTENSION PROJECT. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1222 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE
OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE
JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION FOR THE FUTURE
ZONING OF PROPERTY LOCATED WITHIN THE BOUNDARIES OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5.
Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
9. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. 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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