2003-09-08 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
September 8, 2003
7:30 p.m.
MAYOR
Tom Reid
Woody Owens
Position No. 2
Richard Tetens
Mayor Pro-Tem
Position No. 1
COUNCIL MEMBERS
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 SEPTEMBER 8, 2003, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation "Kids Day American/International"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
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 August 25, 2003, Public Hearing held at 7:15 p.m.
2. Minutes of the August 25, 2003, Regular Council Meeting held at
7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 - SECOND AND FINAL
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 - ANNUAL
CERTIFICATION OF COMPLIANCE REGARDING IMPACT FEES.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 669-3 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 26, STREETS AND SIDEWALKS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 26-
3, ENTITLED OBSTRUCTION, ETC., OF DRAINAGE; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
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IX.
X.
CLAUSE; PROVIDING 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 Ooker, City Attorney.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-673 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 8.84 ACRES, TRACT NO. 17 OF THE H.T.& B.R.R.
COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS
(SOUTH SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD)
(APPLICATION NO. 1120) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF CHENG-HUEY SU, TRUSTEE, 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. 509-674 - 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 477.63 ACRES, SITUATED IN THE H.T. & B.R.R. COMPANY
SURVEY, SECTION 80, ABSTRACT 564, AND THE H.T. & B.R.R.
COMPANY SURVEY, SECTION 84, ABSTRACT 538; AND LOTS 1
THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 28 THROUGH 31,
THE WEST 1/2 OF LOT 33, 34, 37, 38, 44, 45, 52 THROUGH 55;
AND LOT 56 OF THE ALLISON RICHEY GULF COAST HOME
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COMPANY SUBDIVISION, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED BETWEEN COUNTY ROAD 92 AND
COUNTY ROAD 59, AND ON THE EAST AND WEST SIDES OF
COUNTY ROAD 48) (APPLICATION NO, 1122) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD),
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E), AND
SINGLE FAMILY DWELLING DISTRICTS (R-1 AND R-2) TO
PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF
JAMES JOHNSON, AGENT LESLIE A. SCIONEAUX; ONE TWENTY-
NINE, LTD.; JOHN B. AND MEREDITH BRIGGS; AUDREY C.
MCLOSKEY AND ROBERT E. MITCHELL, JR., TRUSTEE;
RHC/EDGEWATER, LTD.; F. CARRINGTON WEEMS II, F.
CARRINGTON WEEMS III, AND ALEXANDRA L. WEEMS; HEART-
EYE LAND COMPANY; AND MAURA A. HARDCASTLE AND
MARION A. WATSON, 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. 509-675 - 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 2.96 ACRES, OUT OF TRACT NO. 32 OF THE ALLISON
RICHEY GULF COAST COMPANY SUBDIVISION, SECTION 20, F.B.
DRAKE SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS
(1833 HILLHOUSE ROAD) (APPLICATION NO. 1119) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE
REQUEST OF PAUL RIDGWAY, 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.
R2003-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #3
SUPPLEMENT #7 FOR MATERIALS TESTING SERVICES
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w
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE
BOND PROGRAM (WEST MARY'S CREEK DETENTION PROJECT).
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A PAYMENT IN LIEU OF TAXES
AGREEMENT WITH THE CROSSING AT 288 SHOPPING CENTER,
LTD. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING COLLECTION FEE IN THE
AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE
SUCH AS UNPAID FINES, FEES, COURT COSTS, FORFEITED
BONDS, AND RESTITUTION ORDERED PAID BY A MUNICIPAL
COURT SERVING THE CITY. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH GRAND VALLEY HOMES, INC. AND SOUTHWOOD
ESTATES, INC., FOR CERTAIN PROPERTY LOCATED NORTH OF
STATE HIGHWAY 6, WEST OF CR 48 AND SOUTH OF CR 58.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1128 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY
HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING
TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2003-121;
DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO
BE KNOWN AS REINVESTMENT ZONE #10), IN ACCORDANCE
WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT
ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE
LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT;
AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT
AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL;
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10.
11.
12.
12A.
13.
HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-124 - 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 INTERMEDIX,
INC., FOR E.M.S. BILLING SERVICES. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-125 - 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 TRACTOR/BOOM MOWER.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
SIGNAGE ON SH 288 AND BUILDING SIDING MATERIALS.
City Council.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM THE
TABLE RESOLUTION NO. R2003-109. City Council.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AN AMENDED
DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS, L.P.
FOR THE ALLOCATION OF COSTS ASSOCIATED WITH THE
EXTENSION OF PEARLAND PARKWAY. Mr. Alan Mueller, Deputy
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE
AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA
COUNCIL 2004 GENERAL ASSEMBLY AND BOARD OF
DIRECTORS. Mr. Bill Eisen, City Manager.
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OTHER BUSINESS:
XI. ADJOURNMENT
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Lorfin,q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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