2003-07-14 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
July 14, 2003 7:30 p.m. I
MAYOR
Tom Reid
Richard Tetens
Mayor Pro-Tem
Position No. 1
COUNCIL MEMBERS
Woody Owens
Position No. 2
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 JULY 14, 2003, 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
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 June 16, 2003, Special Meeting held at 6:15 p.m.
2. Minutes of the June 17, 2003, Special Meeting held at 6:00 p.m.
3. Minutes of the June 23, 2003, Special Meeting held at 6:30 p.m.
4. Minutes of the June 23, 2003, Regular Council Meeting held at 7:30
p.m.
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF CREEKSIDE SECTION ONE.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
Ca
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF MAYOR PRO-TEM RICHARD TETENS FROM THE REGULAR
MEETING HELD ON JUNE 23, 2003. City Council.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 181-8 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING
CHAPTER 12, GARBAGE AND TRASH, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, IN ITS ENTIRETY
AND ADDING CHAPTER 12, TO BE ENTITLED SOLID WASTE, FOR
THE PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO
SOLID WASTE; PROVIDING A PENALTY FOR VIOLATION; HAVING
A SAVINGS CLAUSE, ASEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
AUTHORIZING THE ISSUANCE OF $3,195,000 WATERWORKS
AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 2003. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
AUTHORIZING THE ISSUANCE OF $4,155,000 UNLIMITED TAX
AND REVENUE REFUNDING BONDS, SERIES 2003.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RATIFY PLANNING
AND ZONING COMMISSION MEMBER DON SEDERDAHL TO
SERVE AS ALTERNATE AS AN OFFICIAL PLANNING AND ZONING
REPRESENTATIVE ON THE CITIZEN'S CODE ADVISORY
COMMITTEE. Mr. Tobin Maples, Executive Director of Community
Services.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-664 - 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
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BEING 2.389 ACRES OF LAND, OUT OF LOT 59, OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE
H.T. & B.R.R. COMPANY SURVEY NO. 20 (F.B. DRAKE),
ABSTRACT 506, BRAZORIA COUNTY, TEXAS (CULLEN
BOULEVARD NORTH OF FM 518) (APPLICATION NO, 1110) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JUNG
H. KWAK, AGENT FOR CHARLES AND SHIRLEY SAVELL,
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. 509-665 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 C, SECTION 3, GARDEN ACRES SUBDIVISION,
ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (FM 518 AT THELMA DRIVE) (APPLICATION NO.
1112) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO OFFICE AND PROFESSIONAL DISTRICT (OP)
AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR
WESTSIDE CHURCH OF CHRIST - PEARLAND, 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. 509-666 - 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 27 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION
8, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 504, BRAZORIA
COUNTY, TEXAS (GARDEN ROAD) (SPECIFIC USE APPLICATION
NO. 127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
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DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT-
SPECIFIC USE (SD(S)) FOR A CHURCH AT THE REQUEST OF
SOHAIL NOOR, AGENT FOR CYNTHIA H. CRAMER, 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. 509-667 - 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 0.59 ACRES OF LAND, BEING OUT OF AND PART OF THE
COMMERCIAL RESERVE OF BLOCK 12, LOT 2, WEST LEA
SUBDIVISION, SECTION 3, ABSTRACT 546, AS RECORDED IN
VOLUME 12, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (FM 1128 AT HERON LANE) (APPLICATION NO.
1111) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF ERIC E. AND VISEETA BROWN, 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. 509-668 - 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 0.923 ACRES OF LAND, OUT OF THE NORTH 1~ OF THE
NORTH 1/2 OF LOT 50, OF THE ALLISON RICHEY GULF COAST
HOME COMPANY'S SUBDIVISION, SECTION 19, BEING OUT OF
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, AS
RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (1702 STONE ROAD) (APPLICATION
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NO. 1114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF JOHN WILLIAMS, 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 - RESOLUTION NO.
R2003-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1
SUPPLEMENT #8 FOR PRELIMINARY ENGINEERING SERVICES
AND PROGRAM MANAGEMENT SERVICES ASSOCIATED WITH
THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(MAGNOLIA ROAD PROJECT). Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 FOR
THE CONSTRUCTION OF MISCELLANEOUS ROAD
IMPROVEMENTS (GROUP 2) ASSOCIATED WITH THE PEARLAND
MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE
INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF
PEARLAND PARKWAY AND BELTWAY 8. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1108 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE
NO. 772, TREE PROTECTION AND PRESERVATION ORDINANCE,
AND ESTABLISHING NEW CRITERIA AND REGULATIONS FOR
THE PRESERVATION OF TREES OF THE CITY OF PEARLAND,
TEXAS, PROVIDING MINIMUM STANDARDS; PROVIDING FOR
THE REPLACEMENT AND REPLANTING OF TREES THAT ARE
REMOVED DURING CONSTRUCTION, DEVELOPMENT OR PRE-
DEVELOPMENT; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A
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10.
11.
12.
13.
SEVERABILITY CLAUSE; PROVIDING
PUBLICATION AND AN EFFECTIVE DATE.
Attorney.
FOR CODIFICATION,
Mr. Darrin Coker, City
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PHASE I
DEVELOPMENT OF THE ZYCHLINSKI OLDE TOWN PARK.
Mr. Tom Grieve, Parks and Recreation Director.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1119 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF A SEPTIC SYSTEM AND AIR CONDITION
SLAB. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO NEGOTIATE THE RENEWAL OF A "SUPPLY
AGREEMENT" WITH THE H-GAC ENERGY PURCHASING
CORPORATION. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1076-3 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1076, THE 2002-2003 ANNUAL BUDGET
ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS TO THE
GENERAL FUND FOR MUNICIPAL PURPOSES; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN
WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER
CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY
BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY. Mr. Tobin Maples, Executive
Director of Community Services.
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OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1.
SECTION 551.074 PERSONNEL MATTERS - REGARDING
APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager.
NEW BUSINESS (CONTINUED):
14.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager.
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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