2003-04-14 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
April 14, 2003 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
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, 35t9 Liberty Drive.
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON APRIL 14, 2003, 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
III. MAYOR'S ACTIVITY REPORT
Presentation of Proclamation "National and Pearland Volunteer
Week"
Presentation of Proclamation "Knights of Columbus 16th Annual
Crawdad Jamboree Day"
Presentation of Proclamation "Fair Housing"
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 COUNClLMEMBER 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 February 25, 2003, Public Hearing held at 6:30 p.m.
2. Minutes of the March 11,2003, Public Hearing held at 6:30 p.m.
3. Minutes of the IVlarch 24, 2003, Public Hearing held at 6:00 p.m.
4. Minutes of the March 24, 2003, Regular Council Meeting at 7:30
p.m.
Page 1 of 8 - 4/14/2003
IX.
X.
5. Minutes of the April 7, 2003, Special Council Meeting at 7:00 p.m.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORr)INANCE NO. 1103 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS 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
MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR PORTABLE THERMAL IMAGING CAMERAS AND
ACCESSORY EQUIPMENT. Mr. Gordon Island, Purchasing Officer.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-644 - 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 3.044 ACRES OUT OF A 9.35 ACRE TRACT, JOHN W.
MAXEY SURVEY, A-721, AND A 9.66 ACRE TRACT BEING A PART
OF LOT 14 AND 15, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION 20, H.T. & B.R.R. COMPANY
SURVEY, A-506, BRAZORIA COUNTY, TEXAS (F.M. 518 AT
SUNRISE BOULE'VARD) (APPLICATION NO. 1090) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GARY
Page 2 of 8 - 4/14/2003
w
FERGUSON, AGENT FOR FM 518 WEST LIMITED, 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. 509-645 - 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 33, WESTCHESTER ESTATES, BRAZORIA COUNTY,
TEXAS (MANVEL ROAD)(APPLICATION NO. 1083) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
OFFICE PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF
JOHNNY SIMS, AGENT FOR MICHAEL RUDNICKI, 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. 509-646 - 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 MANUFACTURED HOUSE TO BE
PLACED IN A SUBURBAN DEVELOPMENT DISTRICT (SD) ON THE
FOLLOWING PROPERTY, BEING LOT 3,DETENBECK AND
BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS (5909
BARDET) (SPECIFIC USE NO. 125) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN
DEVELOPMENT DISTRICT - SPECIFIC USE (SD-(S)) AT THE
REQUEST OF WAYNE AND BERTA HALES, 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
Page 3 of 8 - 4/14/2003
SUBJECT.
Services.
Mr. Tobin Maples, Executive Director of Community
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-647 - 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 10 OF SEDDON ACRES, AN UNRECORDED
SUBDIVISION BEING OUT OF THE SOUTH ONE-HALF OF LOT 51
OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 19, H.T. & B.R.R. SURVEY, ABSTRACT
243, BRAZORIA COUNTY, TEXAS (SEDDON ROAD) (APPLICATION
NO. 1089) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF CINDY PETRASH, 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. 'robin Maples, Executive Director of Community
Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-648 - 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 10.125 ACRES OUT OF LOT 6 OF THE ALLISON RICHEY
GULF COAST HOMES SUBURBAN GARDENS SUBDIVISION OF
SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309,
BRAZORIA COUNTY, TEXAS (FITE ROAD) (APPLICATION NO.
1092) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF CHRIS HILLMAN, AGENT FOR SANDEEP
PATEL, 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.
Page 4 of 8 - 4/14/2003
Sm
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-649 - 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 1.89 ACRES OUT OF LOT 8, RICHLAND ACRES, ABSTRACT
509, H.T.& B.R.R. COMPANY SURVEY, BRAZORIA COUNTY,
TEXAS (3549 AUBRELL ROAD) (APPLICATION NO. 1091) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE
REQUEST OF JAMES SCHLUNTZ, 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 1102 - 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. 4); 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 - RESOLUTION NO.
R2003-58 - 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. 4.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE RESULTS OF THE
Page 5 of 8 -4/14/2003
10.
11.
12.
13.
CITY'S ANNUAL FINANCIAL AUDIT AS PREPARED
ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL.
Ms. Mary Ross, Director of Finance.
BY THE
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-61 - RESOLUTION AUTHORIZING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED
$20,100,000 FOR THE ACQUISITION, CONSTRUCTION AND
IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT
RELATING TO SUCH CERTIFICATES AND AUTHORIZING
CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1104 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION
20-14, TO BE ENTITLED FOCUSED RESIDENTIAL PICKETING;
HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR CODIFICATION AND AN EFFECTIVE DATE, AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE FOCUSED RESIDENTIAL PICKETING INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH CARTER AND BURGESS, INC., FOR CONSTRUCTION
MANAGEMENT AND GEOTECHNICAL SERVICES ASSOCIATED
WITH THE FM 518 SEWER PROJECT. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1105 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
Page 6 of 8 - 4/14/2003
ENCROACHMENT OF SWIMMING POOL PLUMBING INTO A
UTILITY EASEMENT. Mr. Darrin Coker, City Attomey.
14.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager.
15.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager
16.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
PLANNING AND ZONING COMMISSION RULES OF PROCEDURE.
PLANNING & ZONING RULES AND PROCEDURES.
Mr. Tobin Maples, Executive Director of Community Services.
17.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM THE
TABLE ORDINANCE NO. 1096. Mr. Darrin Coker, City Attomey.
17A.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1096 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A CERTAIN SEVENTY FOOT (70') WIDE RIGHT-OF-
WAY EASEMENT LOCATED IN THE H. T. & B. R. R. CO. SURVEY,
ABSTRACT 551 AND 303 AS TO LOTS 161, 162, THE WEST PART
OF 163 AND PART OF LOT 164 WITHIN THE CORPORATE
CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS;
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY
REGARDING THE ACQUISITION OF PROPERTY - GARDEN ROAD
INTERSECTION. Mr. Darrin Coker, City Attomey.
Page 7 of 8 - 4/14/2003
a
SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE
CITY MANAGER. City Council.
NEW BUSINESS (CONTINUED):
18.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE ACQUISITION OF PROPERTY - GARDEN
ROAD INTERSECTION. City Council.
19.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ANNUAL EVALUATION OF THE CITY MANAGER. City Council.
20.
CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF
THE CITY MANAGER'S APPOINTMENT OF A DIRECTOR OF
FINANCE, FIRE MARSHAL AND DIRECTOR OF PARKS AND
RECREATION. Mr. Bill Eisen, City Manager.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
Page 8 of 8 - 4/14/2003