2002-11-25 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
NOVEMBER 25, 2002 7:30 p.m.
MAYOR
Tom Reid
Woody Owens
Mayor Pro-Tem
Position No. 2
COUNCIL MEMBERS
Richard Tetens
Position No. 1
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
IIn 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 NOVEMBER 25, 2002, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
I1. INVOCATION AND PLEDGE OF ALLEGIANCE
II1. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation -"National Bible 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 (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 October 21,2002, Special Meeting held at 7:30 p.m.
2. Minutes of the October 22, 2002, Public Hearing held at 6:30 p.m.
3. Minutes of the October 22, 2002, Public Hearing held at 7:30 p.m.
4. Minutes of the November 11, 2002, Regular Council Meeting held
at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-616 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
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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 MINI-WAREHOUSES AND
CONSTRUCTION OF A 6 FOOT MASONRY FENCE ALONG THE
ENTIRE EAST SIDE OF THE PROPERTY IN ACCORDANCE WITH
THE CITY CODES, ON THE FOLLOWING PROPERTY, BEING 8.45
ACRES, ABSTRACT 242, SECTION 17, H.T. & B.R.R. COMPANY
SURVEY, BRAZORIA COUNTY, TEXAS (5119 FITE ROAD)
(APPLICATION 1066) (SPECIFIC USE NO. 114) (5119 FITE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
GENERAL BUSINESS DISTRICT - SPECIFIC USE (GB(S)) AT THE
REQUEST OF MICHAEL POLLOK, AGENT FOR HOWARD BRIGHT,
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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-617 - 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 4.690 ACRES, ABSTRACT 300, H.T. & B.R.R. COMPANY
SURVEY, TRACT 42-43 (APPLICATION NO. 1070) (SOUTHWEST
CORNER OF S.H. 288 AND F.M. 518) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF OSBORN & VANE
ARCHITECTS, INC., AGENT FOR DENNIS MURPHREE TR DEM
#20, 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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-618 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
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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 STORAGE AND MINI-
WAREHOUSES AND CONSTRUCTION OF AN 8 FOOT MASONRY
FENCE ON THE SH288 AND FM518 SIDE OF THE PROJECT IN
ACCORDANCE WITH THE CITY CODES ON THE FOLLOWING
PROPERTY, BEING 4.690 ACRES, ABSTRACT 300, H.T. & B.R.R.
COMPANY SURVEY, TRACT 42-43 (SPECIFIC USE APPLICATION
NO. 117) (SOUTHWEST CORNER OF S.H. 288 AND F.M. 518)
FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
COMMERCIAL DISTRICT - SPECIFIC USE C(S) AT THE REQUEST
OF OSBORN & VANE ARCHITECTS, INC., AGENT FOR DENNIS
MURPHREE TR DEM #20, 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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-620 - 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 .06740 ACRES, GEORGE C. SMITH SURVEY, ABSTRACT
546, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1067)(SPECIFIC USE APPLICATION NO. 115) (3806 HARKEY
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD)
TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT
SPECIFIC USE (R-E(S)) FOR A DAY CARE FACILITY AT THE
REQUEST OF BENNIE MORGAN, AGENT, FOR ELIZABETH BAINS,
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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-621 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
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DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 8.11 ACRES, BEING THE WEST 544.41 FEET OF LOT 56 OF
THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 564, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2, PAGE 98, PLAT RECORDS, BRAZORIA COUNTY,
TEXAS (COUNTY ROAD 59) (APPLICATION NO, 1069) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
JAMES M. JOHNSON, AGENT FOR TRACH XUAN MAI AND TRAN
THI YEN, 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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-622 - 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 1.50 ACRES, BEING PART OF LOT 9, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, A SUBDIVISION IN
SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506,
BRAZORIA COUNTY, TEXAS (2329 STERLING DRIVE)
(APPLICATION NO. 1068) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF EMIR GUEVARA, 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 - SUBDIVISION
ACCEPTANCE OF VILLA VERDE SECTION TWO.
Mr. John Hargrove, City Engineer.
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IX.
Mw
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 519-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO CLARIFY THE PROCEDURE FOR THE ABATEMENT
OF UNSAFE BUILDINGS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR PUBLICATION AND CODIFICATION; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ABATE UNSAFE
BUILDINGS INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENTS
TO TAX INCREMENT REINVESTMENT ZONE NUMBER 2 BOARD
OF DIRECTORS. Mr. Alan Mueller.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-179 - 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
COMPACT EXCAVATOR. Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR DECEMBER 2002, DUE TO THE HOLIDAY
SEASON. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SETTING A PUBLIC HEARING FOR
JANUARY 6, 2003, 6:30 P.M. TO RECEIVE PUBLIC COMMENT
REGARDING AMENDMENTS TO THE CITY'S LAND USE
ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND IMPACT
FEE SCHEDULE. Mr. Alan Mueller, Deputy City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
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X. NEW BUSINESS
m
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP
AGREEMENT AND SALES AND USE TAX AGREEMENT WITH
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-185 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP
AGREEMENT AND SALES AND USE TAX AGREEMENT WITH
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST 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 (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 - FIRST 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.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-186 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A PARK DONATION AGREEMENT
AND A REGIONAL PARK DEVELOPMENT AGREEMENT
ASSOCIATED WITH THE SHADOW CREEK RANCH REGIONAL
PARK. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-183 - 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 WILBUR
SMITH ASSOCIATES FOR CONSULTANT SERVICES ASSOCIATED
WITH THE ANALYSIS AND DEVELOPMENT OF A TRAFFIC IMPACT
FEE ORDINANCE. Mr. Alan Mueller, Deputy City Manager.
m
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH IMPROVEMENTS TO GREEN TEE
LIFT STATIONS II AND II1. Mr. Jerry Bums, Public Works Director.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-182 - 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 JOHN
HARGROVE, P. E. FOR ENGINEERING SERVICES.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-187 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
PROJECTS EXPENDITURES. 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-
CITY PARK FACILITIES. Mr. Darrin Coker, City Attomey.
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NEW BUSINESS (CONTINUED):
10.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
PROPERTY FOR THE ACQUISITION OF CITY PARK FACILITIES.
Mr. Darrin Coker, City Attorney.
XI. 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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