2005-07-11 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JULY 11, 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
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 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 June 20, 2005, Planning and Zoning Commission
held at 6:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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. 7YCHLINSKI 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
NUMBER 93-020900 OF THE BRAZORIA COUNTY OFFICIAL
RECORDS, CITY OF PEARLAND, BRATORIA 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 STORAGE AND MINI-
WAREHOUSE 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 - SECOND AND FINAL
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,
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IX.
X.
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 ABSENCE
OF MAYOR TOM REID FROM THE REGULAR COUNCIL MEETING
HELD ON JUNE 27, 2005. City Council.
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER CHARLES VIKTORIN FROM THE REGULAR
COUNCIL MEETING HELD ON JUNE 27, 2005. City Council.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICED BID FOR FIRE
HYDRANT MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A FINANCIAL ADVISORY
AGREEMENT WITH RBC DAIN RAUCHER, INC. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1224 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF
PEARLAND, TEXAS PERMANENT IMPROVEMENT AND
REFUNDING BONDS, SERIES 2005; PRESCRIBING THE TERMS
AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE
PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE
SALE THEREOF; AUTHORIZING THE PREPARATION AND
DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN
CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING
THE PURCHASE OF BOND INSURANCE; AUTHORIZING THE
REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING
BONDS; AUTHORIZING THE REFUNDING OF CERTAIN
OUTSTANDING OBLIGATIONS, THE EXECUTION AND DELIVERY
OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR
AND PURCHASE OF CERTAIN ESCROWED SECURITIES; MAKING
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OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING
USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT
THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-785 - 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 1.00 ACRES OF LAND OUT OF AND A PART OF LOT 168
OF THE ZYCHLINSKI SUBDIVISION IN SECTION 27 OF THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 308, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE
SOUTH SIDE OF KEIS ROAD, AND EAST OF WELLS DRIVE)
(APPLICATION NO. 1232) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MAYRA
PALACIOS, 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. 509-786 - 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 0.5238 ACRES OF LAND OUT OF LOT 1 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 10, TRACT 1E, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 505, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF STONE ROAD,
AND SOUTH OF BROOKSIDE ROAD) (APPLICATION NO. 1233)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE
REQUEST OF BYRON STEPHEN SUTHERLAND, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
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RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of
Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-787 - 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 20 ACRES, BEING TRACT 61 AND 62, ABSTRACT 234, H.T.
& B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF ROY ROAD,
AND NORTH OF FM 518 (BROADWAY STREET)) (APPLICATION
NO. 1231) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST
OF MARY FRANCES LENTZ, 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. 509-788 - 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 0.855 ACRES OF LAND, BLOCK 1, OF THE WEST OAKS
RECREATION CENTER PHASE A, ABSTRACT 241, H.T. & B.R.R.
COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (LOCATED AT 6601 OLD OAKS BOULEVARD) (SPECIFIC
USE PERMIT APPLICATION NO. 145) FOR A SPECIFIC USE
PERMIT FOR AN UNSCHEDULED/NEW RECREATIONAL USE, AND
MORE SPECIFICALLY, A SUBDIVISION HOMEOWNERS
ASSOCIATION RECREATION CENTER, IN THE SUBURBAN
DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF PAUL
MARCACCIO, APPLICANT FOR WEST OAKS HOMEOWNERS
ASSOCIATION, 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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10.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-789 -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 0.0413 ACRES OF LAND OUT OF LOT 22, SECTION 8,
ABSTRACT 504, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 2633 ROY ROAD) (SPECIFIC USE PERMIT
APPLICATION NO. 146) FOR A SPECIFIC USE PERMIT FOR
TELEPHONE EXCHANGE SWITCHING RELAY AND
TRANSMITTING EQUIPMENT, IN THE SUBURBAN DEVELOPMENT
DISTRICT (SD(S)) AT THE REQUEST OF EDWARDS AND KELCEY,
APPLICANT FOR SOUTHWESTERN BELL COMMUNICATIONS,
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 - REGARDING THE
CITY SECRETARY'S SUBMISSION OF DULY CERTIFIED PETITION
FORMS REQUESTING A RESIDENCE HOMESTEAD TAX FREEZE
FOR ELDERLY OVER 65 OR DISABLED. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-109 - A RESOLUTION AND ORDER OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING
OF A SPECIAL ELECTION TO BE HELD ON SATURDAY,
SEPTEMBER 10, 2005, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND, TEXAS,
A PROPOSITION FOR RESIDENCE HOMESTEAD TAX FREEZE
FOR ELDERLY OVER 65 OR DISABLED; ESTABLISHING POLLING
PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES
FOR SAID SPECIAL ELECTION. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT
THE CENTRAL COUNTING STATION, BRAZORIA COUNTY
COURTHOUSE, ANGLETON, TEXAS, FOR THE SPECIAL
ELECTION TO BE HELD ON SATURDAY, SEPTEMBER 10, 2005.
Mr. Darrin Coker, City Attorney.
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11.
12.
13.
14.
15.
16.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH M. P. J. P. LTD., GENERAL PARTNER FOR FITE OFFICE
PARK LTD. Mr. Joe Wertz, Projects Director.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4
ASSOCIATED WITH THE CONSTRUCTION OF THE CULLEN
WATER LINE EXTENSION. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-113 - 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 ESPA
CORP., FOR CONSTRUCTION INSPECTION SERVICES
ASSOCIATED WITH THE BARRY ROSE PROJECT. Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CONVEYANCE OF A
WATERLINE EASEMENT TO BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 16. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 569-2 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II,
ALARM SYSTEMS, OF CHAPTER 20, OFFENSES AND
MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, FOR THE PURPOSE OF PROVIDING
FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN
RESPONDING TO EXCESSIVE FALSE FIRE ALARMS; PROVIDING
A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1223 - 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
UPDATE OF THE CITY'S ZONING MAP. Darrin Coker, City Attorney.
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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):
17. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. City Council.
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Younq
Lorfin.q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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