2002-12-09 7:00 PM CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
DECEMBER 9, 2002
7:00 p.m.
MAYOR
Tom Reid
Richard Tetens
Position No. 1
Woody Owens
Mayor Pro-Tem
Position No. 2
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 DECEMBER 9, 2002, AT 7:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
I1. INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation -"K.I.P.P.E.R.S."
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 (X.
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 November 25, 2002, Regular Council Meeting held
at 7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1088 - AN ORDINANCE
EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND,
TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS
AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
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(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 1); APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED
TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attomey.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
READING OF ORDINANCE NO. 1089 AN ORDINANCE
EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND,
TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS
AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 5); APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED
TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attomey.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE SHADOW CREEK RANCH - KIRBY DRIVE AND
SAPPHIRE BAY PAVING PHASE TWO. Mr. John Hargrove, City
Engineer.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
SHADOW CREEK RANCH - SHADOW CREEK RANCH SECTION
SF-2. Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
PEARLAND FARMS SECTION ONE. Mr. John Hargrove, City
Engineer.
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR
COUNCIL MEETING HELD ON NOVEMBER 25, 2002. City Council.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID TO H.T.E. VAR, LLC.
FOR THE PURCHASE OF AN IBM AS/400 i SERIES MODEL 820
SERVER MAINFRAME COMPUTER. Mr. Gordon Island, Purchasing
Officer.
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IX.
X.
1.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-194 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND AUTHORIZING
RENEWAL OF A ELECTRICITY SUPPLY AGREEMENT WITH H-
GAC ENERGY PURCHASING CORPORATION. Mr. Gordon Island,
Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - R2002-189 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REPEALING ALL PREVIOUS APPOINTMENTS
OF CITY EMPLOYEES TO THE POSITION OF DEPUTY CITY
SECRETARY AND RATIFYING THE APPOINTMENT OF CERTAIN
CITY EMPLOYEES TO SAID POSITION. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH SHADOW CREEK RANCH DEVELOPMENT COMPANY
LIMITED PARTNERSHIP FOR THE OVERSIZING OF A SEWER
MAINS ALONG KIRBY DRIVE. Mr. Alan Mueller, Deputy City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE
CONSTRUCTION OF A DRAINAGE OUTFALL INTO THE SWEC
REGIONAL DETENTION POND. Mr. John Hargrove, City Engineer.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-623 - 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 CITYOF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATION BEING THE NORTH 80 FEET OF LOT 1 AND LOT 12,
BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE MAP OR
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PLAT RECORDED IN VOLUME 29, PAGE 41, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE
APPLICATION NO. 120) (ORANGE STREET, BETWEEN GRAND
AVENUE AND PARK AVENUE) FROM CLASSIFICATION GENERAL
BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB)
SPECIFIC USE (GB(S)) FOR A TWO-FAMILY DWELLING (DUPLEX) ON
EACH LOT WITH THE STIPULATION IF CONSTRUCTION IS NOT
STARTED WITHIN TWO YEARS OF RECEIVING THIS SPECIFIC USE
PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE PERMIT
WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT,
AGENT FOR TOMMY S. DAWSON, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-624 - 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
BEING12.58 ACRES, J. CRAWLEY SURVEY, ABSTRACT 174,
BEING ALL OF TRACT I RECORDED UNDER FILE NUMBER 94-
009151, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1071)
(SHADOW CREEK RANCH WEST OF STATE HIGHWAY 288) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
;COOK - SHADOW CREEK RANCH DEVELOPMENT L.P., AGENT FOR
PEARLAND INVESTMENTS, 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. Tobin Maples, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-625 - 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 0.590 ACRES, LOT 5, BLOCK 12, WEST LEA SUBDIVISION,
ABSTRACT 546, H.T.&B.R.R. COMPANY SURVEY (APPLICATION
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NO. 1074) (MANVEL ROAD (FM 1128) NORTH OF BAILEY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
THOMAS HAYES, AGENT FOR ERASMO MEDINA, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-626 - 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 1.761 ACRES, W.D.C. HALL SURVEY, ABSTRACT
70(APPLICATION NO. 1072)(LIBERTY DRIVE SOUTH OF F.M. 518)
FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-
4) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAY
JAVADI, AGENT FOR DONYA, LLC., 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. 509-627 - 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 AN ACCESSORY BUILDING WITH
THE STIPULATION THE SPECIFIC USE PERMIT WOULD EXPIRE
TWO YEARS AFTER APPROVAL OF THE SPECIFIC USE PERMIT
BY CITY COUNCIL IF CONSTRUCTION HAS NOT BEEN STARTED
ON THE ACCESSORY BUILDING ON THE FOLLOWING
PROPERTY, BEING 10.00 ACRES, ABSTRACT 234, H.T.B.R.R.
COMPANY SURVEY, TRACT 17(SPECIFIC USE NO. 119)(1833 MAX
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
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DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT-
SPECIFIC USE (SD-(S)) AT THE REQUEST OF JAN SUTTER AND
JILL KREMLING, 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. 509-628 - 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 TEMPORARY STORAGE OF
GOODS WITH THE STIPULATION THAT THE DATES WILL BE
NOVEMBER 1sT TO JANUARY 31sT OF THE SUBSEQUENT YEAR
AND WITH A TIME LIMIT O TWO YEARS, WHICH WILL EXPIRE ON
JANUARY 31, 2004, ON THE FOLLOWING PROPERTY, BEING LOT
11 THROUGH 19, BLOCK 14, OLD TOWNSITE (SPECIFIC USE NO.
118) (2335 N. TEXAS AVENUE) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT
SPECIFIC USE (C(S)) AT THE REQUEST OF PEARLAND
NEIGHBORHOOD CENTER, AGENT FOR THE CITY OF
PEARLAND, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-629 - 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 31 AND 32, SOMERSETSHIRE ESTATES, AS
RECORDED IN VOLUME 16, PAGE 283, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1075)(3203
EXCALIBURS COURT) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT BUSINESS DISTRICT (SDB) TO SINGLE FAMILY
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10.
DISTRICT (R-l) AT THE REQUEST OF THANH DAC NGUYEN,
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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-630 - 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 0.830 ACRES, ABSTRACT 505, H.T.& B.R.R. COMPANY
SURVEY, TRACT 6A (APPLICATION NO. 1076)(5024 LONGLEAF
DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE)
AT THE REQUEST OF ADRIEL SOTELO, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1090 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 26 OF APPROXIMATELY 11.941 ACRES OF LAND.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-177- RESOLUTION EXPRESSING THE CITY'S INTEREST
IN PARTICIPATING IN A PROPOSED HOSPITAL PROJECT IN
COOPERATION WITH DIVERSIFIED MUNICIPAL FINANCE
CORPORATION AND PEARLAND COMMUNITY HOSPITAL,
SUBJECT TO CERTAIN PARAMETERS AND CONDITIONS; AND
RESOLVING OTHER MATTERS RELATING THERETO.
Mr. Bill Eisen, City Manager.
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11.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-197 -RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR A UNIT PRICE
SERVICE CONTRACT FOR A WATER METER CHANGE-OUT AND
RETROFIT PROGRAM, AND NEW METER SUPPLY CONTRACT.
Mr. Bill Eisen, City Manager.
12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-196 - RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH
ECO RESOURCES, INC., FOR PROVISION OF METER READING
SERVICES. Mr. Darrin Coker, City Attomey.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-191 - 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 A
TRAFFIC PREEMPTION SYSTEM. Mr. Gordon Island, Purchasing
Officer.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
PLANNING AND ZONING COMMISSION RULES OF PROCEDURE.
Mr. Tobin Maples, Executive Director of Community Services.
OTHER BUSINESS: None.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfing at 281- 652-1655 prior to the meeting so that appropriate arrangements can be
made.
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