2003-08-25 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
August 25, 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 r
information, at all times, for at least 72 hours preceding the scheduled time of the meeting
J
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 AUGUST 25, 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:
4.
5.
6.
Minutes of the May 19, 2003, Joint Public Hearing held at 6:30
p.m.
Minutes of the June 16, 2003, Joint Public Hearing held at 6:30
p.m.
Minutes of the July 21, 2003, Joint Public Hearing held at 6:30
p.m.
Minutes of the July 28, 2003, Public Hearing held at 7:30 p.m.
Minutes of the August 11, 2003, Public Hearing held at 7:00 p.m.
Minutes of the August 11, 2003, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-669- 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 2.647 ACRES, OUT OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 243, TRACT 48A AND 48A2, BRAZORIA
COUNTY, TEXAS (8027 BROADWAY STREET AT ZAPALAC ROAD)
(APPLICATION NO. 1115) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF WILLIAM AND KATHERINE FAVOR,
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. 509-671 -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 0.620 ACRES OF LAND, BEING TRACT NO. 7 IN THE
SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE-HALF OF
THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE
QUARTER OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 241, BRAZORIA COUNTY, TEXAS (MORENCl STREET)
(APPLICATION NO. 1118) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF JOSE E. QUINTONILLA,
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. 509-672- AN ORDINANCE OF THE
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CITY COUNCIL OF THE CITY OF PEARl_AND, 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 9.7980 ACRES OF LAND, BEING THE EAST % OF LOTS 11
AND 12 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, BEING PART OF THE SUBURBAN GARDENS,
SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
304, BRAZORIA COUNTY, TEXAS (COUNTY ROAD 403 (HUGHES
RANCH ROAD), EAST OF CR 94) (APPLICATION NO. 1116) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE) AT THE
REQUEST OF PAKSIMA GROUP, AGENT FOR DAVID AND LISA
TRAN, 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 Map/es,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1123 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 19 OF 51.2668 ACRES OF LAND. Mr. Darrin Coker,
City Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1124- AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 151.7705 ACRES OF LAND. Mr. Darrin Coker,
City Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1125- AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A CERTAIN SIXTY FOOT (60') WIDE RIGHT OF WAY
LOCATED BETWEEN LOT 5, BLOCK 4 AND BLOCK 5 OF THE AIR
PORT SITES SUBDIVISION IN THE H.T. & B.R.R. CO. SURVEY,
ABSTRACT 239, WITHIN THE CORPORATE CITY LIMITS OF
PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS
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CLAUSE AND a SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE. Mr. Dardn Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-116 - 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 AN ASPHALT PAVER. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-117 - 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. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-118 - 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
BACKHOE. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-114- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF NOTEBOOK COMPUTERS AND PORT REPLICATORS.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR PRINTING SERVICES. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT
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IX.
X.
lA.
WITH BRAZORIA COUNTY FOR COOPERATION IN THE
PURCHASING OF VARIOUS SUPPLIES. Mr. Gordon Island,
Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARl_AND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR SEPTEMBER 2003. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION -ACCEPTANCE OF
INVESTMENT REPORT FOR QUARTER ENDING JUNE 2003 BY
GOVERNING BODY. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM' CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM THE
TABLE ORDINANCE NO. 509-670. City Council.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-670- 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 0.619 ACRES OF LAND, BEING TRACT NO. 3 IN THE
SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE-HALF OF
THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE
QUARTER OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 241, BRAZORIA COUNTY, TEXAS (MORENCI STREET)
(APPLICATION NO. 1117) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF JOSE E. QUINTONILLA,
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.
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CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 633-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 13, HEALTH AND SANITATION, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 13-
18, ENTITLED NOTICE TO OWNER TO REMEDY OR REMOVE
CONDITION--GENERALLY; HAVING 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 HEALTH AND SANITATION 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 - FIRST READING OF
ORDINANCE NO. 1126 -AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1127 - AN ORDINANCE LEVYING TAXES FOR
THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF
THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2003,
AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S
GUIDELINES AND CRITERIA FOR GRANTING TAX ABA TEMENT IN
A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT
INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING
THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE
AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE
MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING
THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS
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FOR TAX ABATEMENT; HAVING A SAVINGS
REPEALER CLAUSE, AND A SEVERABILITY CLAUSE.
Mr. Darrin Coker, City Attorney.
CLAUSE, A
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-120 - 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 DUNHAM ENGINEERING FOR ENGINEERING SERVICES
ASSOCIATED WITH THE ALICE STREET WATER STATION.
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 Attorney.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION
POTENTIAL LITIGATION - CITY FACILITIES.
City Council.
- REGARDING
Xl. ADJOURNMENT
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