2005-07-25 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
July 25, 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 Lorfmg
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 JULY 25, 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
1. Presentation of Proclamation "National Night Out"
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 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.
CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the June 27, 2005, Public Hearing held at 6:30 p.m.
2. Minutes of the June 27, 2005, Regular Meeting held at 7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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. &
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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
PALAClOS, 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. 509-787 - 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 81 AND 62, ABSTRACT 234, H.T.
& B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRATORIA
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 LENTT, 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, Execut/ve Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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ASSOCIATION RECREATION CENTER, IN THE SUBURBAN
DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF PAUL
MARCACClO, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
Mr. Darrin Coker, City Attomey
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1009-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
THE PROCEDURES NECESSARY TO PROPERLY IMPLEMENT
AND ENFORCE THE CITY OF PEARLAND'S DROUGHT
CONTINGENCY PLAN; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION, AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROMOTE
CONSERVATION OF THE POTABLE WATER SUPPLY INURES TO
THE BENEFIT OF THE 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.
1.
lA.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING, THE BRAZORIA COUNTY
TAX ASSESSOR-COLLECTOR RO'VIN GARRETT, TO CALCULATE
AND PUBLISH THE EFFECTIVE RATE AND ROLL BACK TAX RATE
FOR 2005. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING JUNE 2005. Mr. Bill Eisen,
City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-789.
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 - FIRST READING OF
ORDINANCE NO. 509-790 - 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 9.6167 ACRES OF LAND BEING ALL OF LOT 2 IN BLOCK
21, AND 14.3755 ACRES OF LAND BEING ALL OF LOT 3 AND A
PORTION OF LOT 4 IN BLOCK 20, AND 4.6323 ACRES BEING OUT
OF AND A PORTION OF LOT 1 IN BLOCK 20 AND LOT 3 IN BLOCK
21, ALL SITUATED IN THE T.C.R.R. COMPANY SURVEY, SECTION
4, ABSTRACT 675, OF THE ALLISON RICHLY GULF COAST HOME
COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2,
PAGE 99, OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
AT THE NORTHWEST CORNER OF SH 288 AND FM 518
(BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1234)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
b(SD) AND OFFICE AND PROFESSIONAL DISTRICT (OP) TO
COMMERCIAL DISTRICT (C) AND PLANNED UNIT DEVELOPMENT
DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, INC., APPLICANT FOR WCF DEVELOPMENT, 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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE LOCATION OF THE
AUGUST 8, 2005 REGULAR CITY COUNCIL MEETING.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE PARTIAL
REIMBURSEMENT OF EXPENSES, TO BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 16, FOR CONSTRUCTION OF A
SIXTEEN INCH (16")WATER LINE. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1
ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID TO EIMCO WATER
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TECHNOLOGIES FOR THE PURCHASE AND INSTALLATION OF A
CLARIFIER DRIVE AT THE LONGWOOD WASTE WATER
TREATMENT PLANT. Mr. Bill Eisen, City Manager.
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.
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION
POTENTIAL LITIGATION ASSOCIATED
INFRASTRUCTURE PROJECTS. City Council.
- REGARDING
WITH CITY
CONSIDERATION AND POSSIBLE ACTION- REGARDING THE
SALE, LEASE, PURCHASE OR EXCHANGE OF REAL PROPERTY.
City Council.
XI. 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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