2003-10-13 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
October 13, 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
lin 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 OCTOBER 13, 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- "Texas
Week"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
Chamber of Commerce
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:
Minutes of the September 29, 2003, Regular Council Meeting
held at 7:30 p.m.
Minutes of the October 6, 2003, Special Meeting held at 7:00 p.m.
B
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-676 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
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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 0.759 ACRES, RESERVE H, OUT OF THE VILLAGES AT
MARY'S CREEK, SECTION 1, PHASE 1, BRAZORIA COUNTY,
TEXAS (2945 AUBURN WOODS DRIVE) (SPECIFIC USE
APPLICATION NO. 128) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-l) TO SINGLE FAMILY DWELLING
DISTRICT - SPECIFIC USE (R-I(S)) FOR A SOCIAL AND
RECREATIONAL BUILDING, WITH HEAD-IN PARKING AT THE
REQUEST OF KEVIN PRICE, AGENT FOR VMC PARTNERS, LTD.,
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. 509-677 - 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 OF FIGLAND ORCHARD SUBDIVISION NO. 1,
BRAZORIA COUNTY, TEXAS (FITE ROAD NEAR WAGON TRAIL
ROAD) (APPLICATION NO. 1125) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF BRIAN
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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-678 - 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 0.7023 ACRES OF LAND, BEING LOT 3 OF AN
UNRECORDED SUBDIVISION OF 9.83 ACRES OF LAND, BEING
LOT 20 OF THE ALLISON RICHEY GULF COAST HOMES
SUBDIVISION IN SECTION 9, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT NO. 234, BRAZORIA COUNTY, TEXAS (2001 MAX
ROAD) (APPLICATION NO, 1124) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF YASMIN
ALLAHAR WAXALI, 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. 509-679 - 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 1.7992 ACRE TRACT OF LAND KNOWN AS LOT 12 OF
BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED
SUBDIVISION OF 25.9538 ACRES OF LAND, OUT OF LOTS 39, 40,
55, AND 56 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS (13910
STONE ROAD) (APPLICATION NO. 1123) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF
FELIPE A. AND MELVA GONZALEZ, 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. 1131 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING
THE ENCROACHMENT ELECTRIC SERVICE LINE INTO A UTILITY
EASEMENT. Mr. Darrin Coker, City Attomey.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-146 - 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 REFURBISHING
OF THE AMBULANCE BODY AND THE REPLACEMENT OF THE
AMBULANCE CAB AND CHASSIS. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-152 - 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
TWO BACKHOES FOR THE PUBLIC WORKS DEPARTMENT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-153 - 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
TWO DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT.
Mr. Gordon Island, Purchasing Officer.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1
SUPPLEMENT #8 FOR PROGRAM MANAGEMENT SERVICES
INVOLVING THE INVESTIGATION OF DRAINAGE,
ENVIRONMENTAL AND SURVEYING ISSUES ASSOCIATED WITH
THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM
(JOHN LIZER/MAGNOLIA/SOUTH FORK PROJECT). Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-151 - A RESOLUTION OF THE CITY COUNCIL OF THE
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CITY OF PEARLAND, TEXAS CREATING THE JOHN
LIZER/MAGNOLIA/SOUTHFORK COMMITTEE. Mr. Bill E/sen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A
POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA
COUNTY APPRAISAL DISTRICT. Mr. Bill E/sen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-149 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT
AGREEMENT WITH SOUTH TEXAS PROPERTIES ("STP") FOR
PURPOSES OF ABATING THE INCREASED VALUE OF THE
PROPERTY OWNED BY STP ALONG HALIK ROAD WITHIN THE
CITY LIMITS OF PEARLAND AT A RATE OF SEVENTY-FIVE
PERCENT (75%) FOR A PERIOD OF TWO (2) YEARS BEGINNING
JANUARY 1, 2004, AND ENDING DECEMBER 31, 2005, AND AT A
RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF
TWO (2) YEARS BEGINNING JANUARY 1, 2006, AND ENDING
DECEMBER 31,2007 AND AT A RATE OF TWENTY FIVE PERCENT
(25%) FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1,
2008, AND ENDING DECEMBER 31, 2008; FINDING AND
DETERMINING THAT TERMS OF SAID AGREEMENT AND
PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIRE-
MENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS
AMENDED, ORDINANCE NO. 1128, WHICH ESTABLISHED
REINVESTMENT ZONE #11, AND THE GUIDELINES AND CRITERIA
FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT
AGREEMENTS SET FORTH IN RESOLUTION NO. R2003-121.
Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1132 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DISCONTINUING AND DISANNEXING CERTAIN TERRITORY
FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attomey.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 374-3 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 31,
WRECKER SERVICE, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO AMEND SECTION 31-1, ENTITLED DEFINITIONS,
AND TO AMEND SECTION 31-2, ENTITLED PERMIT REQUIRED;
PRESUMPTION IN PROSECUTION FOR VIOLATION OF PERMIT
REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE
PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A ROUTE FOR THE CITY'S
ANNUAL NIGHTTIME CHRISTMAS PARADE. Ms. Michelle Dunn,
Recreation Supervisor.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF
"SALVAGE PROPERTY" BELONGING TO THE CITY AND
DETERMINING THE NEED TO FACILITATE THE PROPER
DISPOSITION OF THE CITY'S "SALVAGE PROPERTY".
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A STORM WATER DETENTION
AGREEMENT WITH PEARLAND HUGHES-WEST INVESTMENT
LTD., FOR THE PURCHASE OF DETENTION CAPACITY IN
TRANQUILITY LAKE. Mr. Alan Mueller, Deputy City Manager.
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11.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
SIGNAGE ON SH 288 AND BUILDING SIDING MATERIALS.
City Council.
OTHER BUSINESS:
Xl. 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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