2003-07-28 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
July 28, 2003
7:30 p.m.
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 28, 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
1. Proclamation "National Night Out"
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 July 7, 2003, Special Council Meeting held at 6:00
p.m.
2. Minutes of the July 14, 2003, Regular Council Meeting held at 7:30
p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 - SECOND AND FINAL
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 - SECOND AND FINAL
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
DISTRICT MAP; CONTAINING A SAVINGS
SEVERABILITY CLAUSE, AN EFFECTIVE DATE
PROVISIONS RELATED TO THE SUBJECT. Mr.
Executive Director of Community Services.
LAND USE
CLAUSE, A
AND OTHER
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 - SECOND AND FINAL
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 ~/~ OF THE
NORTH ~ 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
NO. 1114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF JOHN WILLIAMS, OWNER, PROVIDING FOR
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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. 1119 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING
THE ENCROACHMENT OF A SEWER SYSTEM GRINDER AND AIR
CONDITION SLAB ONTO PROPERTY OWNED BY THE CITY.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-15.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF CREEKSIDE SECTION ONE.
Mr. Doug Kneupper, City Engineer.
- SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-11.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF VILLA VERDE SECTION 3.
Mr. Doug Kneupper, City Engineer.
- SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-101 - 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 BUYBOARD
FOR THE PURCHASE OF A COMBINATION JET-RODDER-
VACUUM TRUCK. Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-102 - 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
DUMP TRUCK. Mr. Gordon Island, Purchasing Officer.
MATTERS REMOVED FROM CONSENT AGENDA
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X. NEW BUSINESS
lA.
2A.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE RESOLUTION NO. R2003-90. City Council.
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 - REMOVE
TABLE RESOLUTION NO. R2003-96. City Council
FROM
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 - REGARDING AN
APPLICATION FROM MR. RYAN HARRIS WITH BEST BUILDINGS
TO MOVE A SINGLE-FAMILY HOUSE INTO THE CITY TO BE
LOCATED AT 9805 EXCALIBUR'S COURT. Mr. Tobin Maples,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 SEVERABILITY CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R98-30
AND ELIMINATING TERM LIMITATIONS FOR PERSONS SERVING
ON APPOINTED BOARDS AND COMMISSIONS OF THE CITY.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-100 - 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 FREESE AND NICHOLS, FOR ENGINEERING SERVICES
ASSOCIATED WITH THE DIXIE FARM ROAD WATER PROJECT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-99 - 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 FREESE AND NICHOLS, FOR ENGINEERING SERVICES
ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY SEWER
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT FOR
PARTICIPATION IN A RETIREMENT HEALTH SAVINGS PROGRAM.
Ms. Yesenia Garza, HR Benefits Coordinator.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING HEALTH INSURANCE
RENEWAL RATES FOR CIGNA HEALTHCARE. Ms. Yesenia Garza,
HR Benefits Coordinator.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING DENTAL INSURANCE
RENEWAL RATES WITH FORTIS BENEFITS INSURANCE
COMPANY. Ms. Yesenia Garza, HR Benefits Coordinator.
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11.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1121 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE
NO. 889, AUTHORIZING THE OFFERING OF HEALTH BENEFITS
COVERAGE TO THE CITY RETIREES; CONTAINING A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN
OPEN MEETINGS CLAUSE. Ms. Yesenia Garza, HR Benefits
Coordinator.
12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE SHADOW CREEK
RANCH WETLANDS PARK DEED RESTRICTIONS. Mr. Gary Cook,
Shadow Creek Ranch.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-106 - A 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. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION- CITY FACILITIES.
Mr. Darrin Coker, City Attomey.
NEW BUSINESS (CONTINUED):
14.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION - CITY FACILITIES. Mr. Darrin Coker, City
Attorney.
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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