2005-09-12 CITY COUNCIL MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
September 12, 2005 7 :30 p.m.
MAYOR
Tom Reid
Kevin Cole
Mayor Pro-Tern
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 Lorfing
City Secretary
I~I;;-~ccordance with the Texas Open Meeting Act the Agenda is postedf~~mpublic-1
I information, at all times, for at least 72 hours preceding the scheduled time of the meeting I
I on the bulletin board located at the front entrance of the City Hall, 3~!9~Li~~rtY ~[)~~E!~m_~_m~
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 12, 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
1 . Mayor's presentation of the Government Finance Officers
Association's "Distinguished Budget Presentation Award" to the
Director of Finance.
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 July 25,2005, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF
TRAFFIC PREEMPTION EQUIPMENT.
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IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-795 - 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 4.9292 ACRE TRACT OF LAND BEING OUT OF AND A
PART OF LOT 58 AND 57 OF FIGLAND ORCHARD SUBDIVISION, A
SUBDIVISION OUT OF SECTION 13 OF THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 240, ACCORDING TO THE MAP
OR PLAT OF SAME BEING RECORDED IN VOLUME 3, PAGE 77,
OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF HARKEY ROAD, AND SOUTH OF FIGLAND
STREET) (SPECIFIC USE PERMIT APPLICATION NO. 151) FOR A
CHANGE FROM LIGHT INDUSTRIAL DISTRICT (M-1) TO A
SPECIFIC USE PERMIT FOR "COMMERCIAL RADIO OR
TELEVISION OR MICROWAVE TOWER" IN THE LIGHT
INDUSTRIAL DISTRICT (M-1(S)), AT THE REQUEST OF VOICE
STREAM HOUSTON, INC., APPLICANT FOR RANDY A. AND
CONNIE L. LANGE, 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.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-796 - 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 127.6954 ACRES TOTAL, DESCRIBED AS: 88.6991 ACRES,
OUT OF LOTS 6, 7, AND 8; 9.00 ACRES OUT OF LOT 3; 5.00
ACRES OUT OF LOT 4; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES
OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; ALL OF THE JAMES
HAMILTON SURVEY; 9.9963 ACRES SITUATED IN THE DAVID
WHITE (ASSIGNEE OF JAMES HAMILTON) SURVEY, ABSTRACT
881, HARRIS COUNTY, TEXAS, BEING A PORTION OF THAT
CERTAIN 15 ACRE TRACT OF LAND RECORDED IN VOLUME
2309, PAGE 695, OF THE DEED RECORDS OF HARRIS COUNTY,
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TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS
(GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
STATE HIGHWAY 288 AND BELTWAY 8) (APPLICATION NO. 1238)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SO) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE
REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC.,
APPLICANT FOR PEARLAND LIFESTYLE CENTER, 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.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1226 - AN ORDINANCE LEVYING TAXES FOR
THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF
THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2005,
AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1225 - AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2005, AND ENDING SEPTEMBER 30, 2006.
Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-142 - 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 RAUSCHER, INC. Mr. Bill Eisen, City
Manager.
6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1023-2 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
EXHIBIT "B" OF ORDINANCE NO. 1023 AS IT APPLIES TO PARK
DEDICATION FEES; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE.
Ms. Rhonda Cyrus, Parks and Recreation Director.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
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DISTRICT NO. 17 OF APPROXIMATELY 75.5396 ACRES OF LAND.
Mr. Darrin Coker, City Attorney.
8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23 OF
APPROXIMATEL Y 48.9467 ACRES OF LAND. Mr. Darrin Coker, City
Attorney.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING MEMORANDUM OF
UNDERSTANDING WITH THE PEARLAND INDEPENDENT SCHOOL
DISTRICT. Mr. Steve Chapman, Fire Marshal.
10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING CHAPTER 4 OF THE CITY OF
PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager.
11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-139 - 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 BRAZORIA COUNTY FOR ROAD MAINTENANCE AND
REPAIR. Mr. Jerry Burns, Public Works Director.
12. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1228 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, TEMPORARILY
SUSPENDING THE IMPOSITION OF THE CITY'S HOTEL
OCCUPANCY TAX FOR THE RESIDENTS OF LOUISIANA,
ALABAMA, AND MISSISSIPPI THAT HAVE BE DIPLACED BY
HURRICANE KATRINA. 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 551.087 - CONSULTATION WITH CITY ATTORNEY-
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
Mr. Bill Eisen, City Manager.
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3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING LAND DEVELOPMENT. Mr. Bill Eisen, City
Manager.
NEW BUSINESS (CONTINUED):
13. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH CITY
INFRASTRUCTURE PROJECTS. City Council.
14. CONSIDERATION AND POSSIBLE ACTION - REGARDING
ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council.
15. CONSIDERATION AND POSSIBLE ACTION - REGARDING LAND
DEVELOPMENT. 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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