2005-08-22 CITY COUNCIL MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
August 22, 2005 7:30 p.m.
Richard Tetens
Position No. 1
Charles Viktorin
Position No.3
Darrin Coker
City Attorney
MAYOR
Tom Reid
Kevin Cole
Mayor Pro-Tern
Position No.5
COUNCIL MEMBERS
Woody Owens
Position No.2
Bill Eisen
City Manager
Larry Marcott
Position No.4
Young Lorfing
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 AUGUST 22, 2005, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
II. 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.
MA TTERS 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 July 11, 2005, Regular Council Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-791 - 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 6, BLOCK 4, OF GARDEN ACRES SUBDIVISION,
SECTION 2, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT
2627 LAZY BEND STREET) (ZONE CHANGE APPLICATION NO.
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1237) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF WALLACE AND EDITH LONGORIA, 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-792 - 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 9.989 ACRES OF LAND, LOT 33, SECTION 10, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 505, ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, AS RECORDED IN
VOLUME 2, PAGE 84, OF THE BRAZORIA COUNTY PLAT
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED ON THE WEST SIDE OF MAX ROAD, AND SOUTH OF
BROOKSIDE ROAD) (ZONE CHANGE APPLICATION NO. 1235
AND SPECIFIC USE PERMIT APPLICATION NO. 148) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E), AND
APPROVAL OF A SPECIFIC USE PERMIT FOR A CHURCH (R-
E(S)), AT THE REQUEST OF SOVEREIGN GRACE CHURCH,
APPLICANT FOR DR. TED CLEAVES, 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.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-793 - 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 10.00 ACRES IN THE J.S. TALMAGE SURVEY, ABSTRACT
564, AND BEING A PART OF LOT 36 OF THE ALLLlSON RICHEY
GULF COAST HOME COMPANY SUBURBAN GARDENS
SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE PLAT
RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF
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COUNTY ROAD 59, AND WEST OF FUTURE KIRBY DRIVE) (ZONE
CHANGE APPLICATION NO. 1236 AND SPECIFIC USE PERMIT
APPLICATION NO. 149) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1), AND APPROVAL OF A SPECIFIC USE PERMIT
FOR A CHURCH (R-1 (S)), AT THE REQUEST OF SHEPHERD OF
THE HEART METHODIST, APPLICANT FOR ANH HO AND ARLlN
HARWELL, 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.
E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, NAMING AN ALTERNATE PRESIDING
JUDGE FOR THE SPECIAL ELECTION TO BE HELD ON
SEPTEMBER 10,2005. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF SOUTHERN TRAILS PHASE 1 SECTION 3.
Mr. Doug Kneupper, City Engineer.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-789.
1A. 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
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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.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, EXPRESSING OPPOSITION TO THE
CONSTRUCTION OF RAISED MEDIANS FOR THE STATE
HIGHWAY 35 WIDENING PROJECT. Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO
2005-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING HEALTH INSURANCE
RENEWAL RATES FOR CIGNA HEAL THCARE. Mr. Bill Eisen, City
Manager.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-130 - 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 LJA
ENGINEERING & SURVEYING, FOR ENGINEERING SERVICES
ASSOCIATED WITH EVALUATION OF THE SUB-REGIONAL
STORM WATER DETENTION NEEDS FOR THE
SPECTRUM/PROMENADE AREA. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S
GUIDELINES AND CRITERIA FOR GRANTING TAX ABA TEMENT IN
A REINVESTMENT ZONE CREA TED IN THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT
INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING
THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE
AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE
MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING
THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS
FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A
REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin
Coker City Attorney and Mr. Fred Welch Executive Director Pear/and
Economic Development Corporation.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-129 - 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 THE PEARLAND INDEPENDENT SCHOOL DISTRICT FOR
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CONTINUATION OF THE SCHOOL RESOURCE OFFICER
PROGRAM. Mr. Oarrin Coker, City Attorney.
7. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
AUTHORIZATION OF THE PLACEMENT OF A MONUMENT IN A
CITY PARK BY LEADERSHIP PEARLAND - CLASS OF 2005
HONORING MILITARY PERSONNEL FROM PEARLAND WHO HAVE
LOST THEIR LIFE IN MILITARY ACTION. Mr. Bill Eisen, City
Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
ZONING REGULATIONS. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
8. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. City Council.
9. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH ZONING
REGULATIONS. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Younq
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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