2005-10-24 CITY COUNCIL MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
October 24, 2005 7:30 p.m.
Richard Tetens
Position No. 1
Vacant
Position No.3
Darrin Coker
City Attorney
MAYOR
Tom Reid
Kevin Cole
Mayor Pro-Tern
Position No.5
COUNCIL MEMBERS
Bill Eisen
City Manager
Woody Owens
Position No. 2
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 OCTOBER 24, 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. Presentation of Proclamation "Pearland Indians Diwali
Celebration 2005"
2. Presentation of Proclamation "Municipal Court Week"
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 September 12, 2005, Public Hearing held at 6:30
p.m.
2. Minutes of the September 13, 2005, Special Meeting held at 6:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-798 - 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 10.00 ACRES, APPROXIMATELY, BEING THE SOUTH 7.5
ACRES OF TRACT 4 OF THE SUBDIVISION OF SECTION 17, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 242, IN BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS IT
APPEARS OF RECORD IN THE OFFICE OF THE COUNTY CLERK
OF BRAZORIA COUNTY, TEXAS; AND THE NORTH 2.5 ACRES OF
THE SOUTH 10 ACRES OF THE SOUTH 20 ACRES OF THE EAST
60 ACRES OF THE NORTHEAST ONE QUARTER OF SECTION 17,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, THIS SAME
PROPERTY HAS SOMETIMES BEEN KNOWN AND REFERRED TO
AND DESCRIBED AS LOT 4, SECTION 17, ABSTRACT 242,
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST
CORNER OF MANVEL ROAD (FM 1128) AND FITE ROAD) (ZONE
CHANGE APPLICATION NO. 1242) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SO) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF SIGNATURE
EUBANKS AND ASSOCIATES, APPLICANT FOR THE ESTATE OF
ALFRED HRBACEK AND ANNIE HRBACEK, 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-799 - 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 8.290 ACRES, BEING A PART OF LOT 12 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309,
AS RECORDED IN VOLUME 2, PAGE 23, OF THE BRAZORIA
COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE
OF FM 518 (BROADWAY STREET), AND EAST OF OWER LANE)
(ZONE CHANGE APPLICATION NO. 1245) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SO) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF HIEP PHAM,
APPLICANT FOR FORTRESS PEARLAND INVESTMENT, LLC,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
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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. 509-800 - 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 20.00 ACRES, BEING THE NORTH ONE-HALF OF TRACT 2,
THE SOUTH ONE-HALF OF TRACT 2, AND TRACT 5, ABSTRACT
309, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
EAST SIDE OF SMITH ROAD (COUNTY ROAD 666), AND SOUTH
OF FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION
NO. 1239 & SPECIFIC USE PERMIT APPLICATION NO. 153) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB), WITH A SPECIFIC USE
PERMIT FOR SINGLE FAMILY RESIDENTIAL USES (GB(S)), AT
THE REQUEST OF CHARLES VIKTORIN, 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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-801 - 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 5.00 ACRES, BEING THE SOUTH ONE-HALF OF LOT 21, OF
THE ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 8, OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 504, ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN VOLUME 2, PAGE 23 AND 24, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE EAST SIDE OF ROY ROAD, AND NORTH OF FM 518
(BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1241)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
CHARLES C. MOFFETT, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
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SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Executive Director of Community Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-802 - 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 5.00 ACRES, BEING A PART OF AND OUT OF LOT 178,
OUT OF THE ZYCHLlNSKI SUBDIVISION OF SECTION 28, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY,
TEXAS, 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 (GENERALLY LOCATED ON THE EAST SIDE OF
STATE HIGHWAY 35 (MAIN STREET), AND NORTH OF DIXIE
FARM ROAD) (ZONE CHANGE APPLICATION NO. 1243) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF
TRAFFIC CONTROL DEVICES, INC., AND GEORGE W. WILLIAMS,
III, APPLICANT FOR ASSOCIATED ENTERPRISES, INC., 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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-805 - 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 3.269 ACRES, BEING LOT 8 OF THE ORANGE GROVE
ADDITION RECORDED IN VOLUME 2, PAGE 62 OF THE HARRIS
COUNTY MAP RECORDS, CITY OF PEARLAND, HARRIS COUNTY,
TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
BELTWAY 8 AND ALMEDA SCHOOL ROAD) (ZONE CHANGE
APPLICATION NO. 1244) FROM CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT
DISTRICT (PUD) AT THE REQUEST OF TIM STOVALL, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
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CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of
Community Services.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-806 - 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 10.8757 ACRES OF LAND, RESTRICTED RESERVE "A" OUT
OF THE FINAL PLAT OF HOME DEPOT U.S.A, INC. SUBDIVISION,
A SUBDIVISION CONTAINING 14.6536 ACRES OF LAND SITUATED
IN THE W.D.C. HALL SURVEY, ABSTRACT 70, GEORGE W.
JENKINS SUBDIVISION, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE
OF FM 518 (BROADWAY STREET), AND ON THE EAST SIDE OF
DIXIE FARM ROAD) (SPECIFIC USE PERMIT APPLICATION NO.
152) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY,
STORAGE, AND SALE OF MERCHANDISE AND EQUIPMENT IN
THE COMMERCIAL DISTRICT (C) AT THE REQUEST OF
ARCHITECTURAL GROUP INTERNATIONAL (AGI), APPLICANT
FOR THE HOME DEPOT, 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.
I. CONSIDERATION AND POSSIBLE ACTION EXCUSE
COUNCILMEMBER RICHARD TETENS' ABSENCE FROM THE
OCTOBER 10, 2005, REGULAR COUNCIL MEETING. City Council.
J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-164 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING AND ACCEPTING THE
CITY'S PARTICIPATION IN THE OTHER VICTIM'S ASSISTANCE
GRANT PROGRAM. Mr. J.C. Doyle, Chief of Police.
K. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-158 - 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
POLICE PATROL VEHICLES. Mr. Bill Eisen, City Manager.
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L. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF VILLAGES OF MARY'S CREEK SECTION 2
PHASE 2. Mr. Doug Kneupper, City Engineer.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 2000 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
(ORDINCANCE NO. 509 AND ANY AMENDMENTS THEREAFTER);
ADOPTING A UNIFIED DEVELOPMENT CODE AND ZONING MAP;
PROVIDING GENERAL PROVISIONS, ZONING REGULATIONS,
SUBDIVISION REGULATIONS, SITE DEVELOPMENT
REGULATIONS AND DEFINITIONS; PROVIDING A PENALTY FOR
VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill
Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF
"SURPLUS PROPERTY" BELONGING TO THE CITY AND
DETERMINING THE NEED TO FACILITATE THE PROPER
DISPOSITION OF THE CITY'S "SURPLUS PROPERTY."
Mr. Darrin Coker, City Attorney.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1
ASSOCIATED WITH THE MAGNOLIA SEWER PROJECT.
Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-162 - 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
DANNENBAUM ENGINEERING, FOR FLOODPLAIN RE-MAPPING
SERVICES. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, A COOPERATING TECHNICAL PARTNER
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AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT
AGENCY. Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-161 - 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 CARTER &
BURGESS, INC., FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE EXPANSION OF THE SOUTHWEST
ENVIRONMENTAL CENTER WASTEWATER TREATMENT PLANT.
Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-165 - RESOLUTION OF THE CITY OF PEARLAND, TEXAS,
APPROVING THE ISSUANCE OF DEVELOPMENT AUTHORITY OF
PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS,
SERIES 2005; APPROVING A BOND RESOLUTION, INDENTURE
OF TRUST, PURCHASE CONTRACT AND OTHER DOCUMENTS
RELATING TO THE BONDS; MAKING CERTAIN FINDINGS AND
CONTAINING OTHER PROVISIONS RELATED THERETO.
Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - ANNUAL
EVALUATION OF THE CITY MANAGER. City Council.
2. SECTION 551.074 - PERSONNEL MATTERS: CONDUCT
INTERVIEWS OF APPLICANTS FOR APPOINTMENT TO THE
PLANNING AND ZONING COMMISSION. City Council.
3.
SECTION 551.071 CONSULTATION
ATTORNEY - REGARDING POTENTIAL
ASSOCIATED WITH CITY INFRASTRUCTURE
Mr. Darrin Coker, City Attorney.
WITH CITY
LITIGATION
PROJECTS.
NEW BUSINESS (CONTINUED):
8. CONSIDERATION AND POSSIBLE ACTION - REGARDING
ANNUAL EVALUATION OF THE CITY MANAGER. City Council.
9. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
INTERVIEWS OF APPLICANTS FOR APPOINTMENT TO THE
PLANNING AND ZONING COMMISSION. City Council.
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10. 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 Younq
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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