2002-08-26 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND · CITY COUNCIL
AUGUST 26, 2002
7:30 p.m.
MAYOR
Tom Reid
Woody Owens
Mayor Pro-Tem
Position No. 2
Richard Tetens
Position No. 1
COUNCIL MEMBERS
Charles Viktorin
Position No. 3
Larry Marcott
Position No. 4
Bill Eisen
City Manager
Klaus Seeger
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
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 26, 2002, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1. Proclamation "National Alcohol and Drug Addiction Recovery
Month"
2. Proclamation "Leukemia and Lymphoma Awareness Month"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
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 (X.
MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
Minutes of the August 5, 2002, Special Meeting held at 6:00 p.m.
Minutes of the August 12, 2002, Public Hearing held at 7:00 p.m.
Minutes of the August 12, 2002, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF SHADOW CREEK
Mr. John Hargrove, City Engineer.
- SUBDIVISION
RANCH SF-9B.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1073 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A RELEASE AND EXCHANGE OF EASEMENTS TO
ACCOMPLISH THE REALIGNMENT OF RIGHT-OF-WAY AT THE
INTERSECTION OF FM 518 AND SUNRISE MEADOW DRIVE.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ADOPTING AMENDMENTS TO THE CITY'S
SUBSTANCE ABUSE PROCEDURE FOR EMPLOYEES OF THE
CITY OF PEARLAND. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING THE PUBLIC LIBRARY
SERVICES CONTRACT BETWEEN THE CITY AND BRAZORIA
COUNTY. Mr. Darrin Coker, City Attorney.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-604 - 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 AND GRANTING
A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING
PROPERTY, BEING 3.525 ACRES, OUT OF TRACT 9 OF THE W.
ZYCHLINSKI SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY,
SECTIONS 1,2,3 AND 4, A-233, 542, 232, AND 543, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1055 AND SPECIFIC USE
NO. 111) (3521 ORANGE STREET) FROM CLASSIFICATION
PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO SINGLE
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FAMILY DWELLING DISTRICT - SPECIFIC USE (R-I(S)) AT THE
REQUEST OF ST. STEPHEN LUTHERAN CHURCH, 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. Tobin Map/es, Executive Director
of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-601 - 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 TRACT 1:9.51 ACRES BEING A PART OF LOT 18 AND ALL OF
LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY, F.B.
DRAKE SURVEY, A-504; AND TRACT 2:.0745 ACRES, BEING PART
OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY, F.B.
DRAKE SURVEY, A-504, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1054) (2425 ROY ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF BECKY CORNELIUS, AGENT FOR CPI
GROUP, INC., 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. Tobin
Maples, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-603 - 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 120.134 ACRES OF LAND, BEING LOTS 4 & 7 OF SECTION 14,
H.T. & B. R.R. COMPANY SURVEY, A-538, BRAZORIA COUNTY,
TEXAS, R.B. LYLE ASSIGNEE, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1034) (BROADWAY STREET
AT CR 48) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (RE) TO SINGLE FAMILY DWELLING
DISTRICT (R-2) AT THE REQUEST OF JAMES JOHNSON, AGENT
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FOR JOHN B. BRIGGS AND MEREDITH BRIGGS LEBLANC,
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. Tobin Maples,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-605 - 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 0.832 ACRES, TRACT F, OUT OF H.T. & B.R.R. COMPANY
SURVEY, SECTION 7, A-219, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1053)(1525 GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF ERIC AND
VALERIE HICKS, 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. Tobin Maples, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-602 - 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 11.515 ACRES, LOTS 32 AND LOT 33, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, A-504, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1057) (1930 GARDEN ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF CITY
OF PEARLAND, AGENT FOR ANTHONY WELDED PRODUCTS,
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. Tobin Maples,
Executive Director of Community Services.
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10.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-606 - 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 PART OF LOT 32 AND LOT 33, SECTION 8 OF THE H. T. & B.
R.R. COMPANY SURVEY, A-504, AS SHOWN BY THE ALLISON
RICHEY GULF COAST HOME COMPANY PLAT, VOLUME 2, PAGE 23,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1058) (1854 GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, CITY OF
PEARLAND, AGENT FOR F.F.&E. FAMILY LIMITED PARTNERSHIP,
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. Tobin Maples,.
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SELECTION OF A MEDICAL AND LIFE INSURANCE PROVIDER
FOR THE CITY OF PEARLAND EMPLOYEES. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE ANNUAL REPORT FOR
TAX INCREMENT REINVESTMENT ZONE #2. Mr. Alan Muller,
Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE
REHABILITATION OF CLARIFIERS LOCATED AT THE LONGWOOD
AND BARRY ROSE WASTE WATER TREATMENT FACILITIES.
Mr. Jerry Bums, Public Works Director.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1074 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO
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15.
ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF WATER
AND SEWER LINES ON CERTAIN REAL PROPERTY DESCRIBED
HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF
WATER AND SEWER LINES BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-133 - 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 INTEGRA
REALTY RESOURCES FOR APPRAISAL SERVICES ASSOCIATED
WITH THE YOST ROAD PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL AGREEMENTS NECESSARY TO THE HOUSTON-
GALVESTON AREA COUNCIL SOLID WASTE GRANT FOR THE
CONSTRUCTION OF A RECYCLING CENTER. Mr. Chris Kidwell,
Administrative Analyst.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2002-134 - 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 INTEGRA
REALTY RESOURCES FOR APPRAISAL SERVICES ASSOCIATED
WITH THE CULLEN ROAD PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1075 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, WAIVING
THE ENCROACHMENT OF A TWO STORY BRICK HOUSE INTO
THE CITY'S DRAINAGE EASEMENT. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1076 - AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
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OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003.
Mr. Bill E/sen, City Manager.
16.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1077 - 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 2002,
AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY- FOR REGIONAL DETENTION FACILITIES. Mr.
Darrin Coker, City Attomey.
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY - FOR CITY FACILITIES. Mr. Darrin Coker, City
Attorney.
SECTION 551. 071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING PENDING LITIGATION - ANTHONY WELDED
PRODUCTS VS. CITY OF PEARLAND. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
17.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
PROPERTY FOR THE ACQUISITION - FOR REGIONAL
DETENTION FACILITIES. Mr. Darrin Coker, City Attomey.
18.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
PROPERTY FOR THE ACQUISITION - FOR CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
19.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
PENDING LITIGATION - ANTHONY WELDED PRODUCTS VS.
CITY OF PEARLAND. Mr. Darrin Coker, City Attomey.
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Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfin.q at 281- 652-1655 prior to the meeting so that appropriate arrangements can be
made.
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