2003-11-10 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
November 10, 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 NOVEMBER 10, 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 -"ARON Perioperative Nurse Week"
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 COUNCILMEMBER REQUESTS SEPARATE ACTION
ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX.
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 August 18, 2003, Joint Public Hearing held at 6:30
p.m.
Minutes of the September 15, 2003, Joint Public Hearing held at
6:30 p.m.
Minutes of the October 27, 2003, Public Hearing held at 6:30 p.m.
Minutes of the October 27, 2003, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE PAID HOLIDAY
SCHEDULE FOR DECEMBER 2003. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR DECEMBER 2003, DUE TO THE HOLIDAY
SEASON. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR POLICE DUTY MOTORCYCLES. Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR POLICE PATROL VEHICLE EQUIPMENT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-164 - 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 TEXAS
BUILDING AND PROCUREMENT COMMISSION FOR THE
PURCHASE OF AN IBM AS/400 SERVER MAINFRAME COMPUTER
FOR THE PEARLAND POLICE DEPARTMENT. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
FOURTEEN FOOT (14') PUBLIC UTILITY EASEMENT LOCATED IN
THE J. CRAWLEY SURVEY, ABSTRACT 174, AND THE WILLIAM
MORRIS SURVEY, ABSTRACT 344, BRAZORIA COUNTY, TEXAS,
WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attomey.
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X.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE AND
INSTALLATION OF REPLACEMENT BASKETBALL BACKBOARDS
FOR THE INDEPENDENCE PARK PAVILION. Mr. Thomas Grieve,
Parks and Recreation Director.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-680 - 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 12.0467 ACRES, BEING OUT OF LOTS 59 AND 60 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION,
SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506,
BRAZORIA COUNTY, TEXAS (NORTH SIDE OF FM 518, AND WEST
OF CULLEN BOULEVARD) (APPLICATION NO. 1129) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF ALFRED E.
LENTZ, AGENT FOR BILL WISE, 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. 509-681 - 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 0.72 ACRES, GARDEN ACRES SUBDIVISION, SECTION 2,
LOTS 1 AND 2, BLOCK 2, ABSTRACT 219, H.T. & B.R.R. COMPANY
SURVEY, BRAZORIA COUNTY, TEXAS (GARDENIA STREET AT
GARDEN ROAD) (APPLICATION NO. 1130) FROM
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CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
JEFFREY AND VERETTA WHITEHEAD, 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. 509-682 - 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 19.697 ACRES, TRACT 2A, AND 4.3412 ACRES, TRACT 3,
ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (5406 MAGNOLIA STREET) (APPLICATION NO.
1127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF ELAINE JANET W. HADDEN, 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. 509-683 - 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 LOTS 5 AND 6, BLOCK 3, OF COLONIAL ESTATES,
ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (5130 CONFEDERATE DRIVE) (APPLICATION
NO. 1126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF WILLIAM L. FREEMAN, OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
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EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Tobin Maples, Executive Director of Community
Services.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-151A - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING R2003-151, CREATING
THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE AND
POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1023-1 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
EXHIBIT "H" OF ORDINANCE NO. 1023 AS IT APPLIES TO FEES
FOR WAIVERS OF ENCROACHMENTS; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION, AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1133 - 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; CONTAIN-
ING 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.
R2003-167 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT WITH P T & T, LTD., ASSOCIATED
WITH THE WEST MARY'S CREEK DETENTION FACILITY.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-166 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
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13.
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15.
16.
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH SOWELL INTERESTS-PARKSIDE, L.P., ASSOCIATED WITH
THE VETERANS DRIVE SEWER LINE. Mr. Alan Mueller, Deputy City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR RENOVATION OF
THE PEARLAND SERVICE CENTER. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-169 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF IMPROVEMENTS ASSOCIATED WITH THE INFLOW AND
INFILTRATION REDUCTION PROJECT (PHASE II). Mr. Bill Eisen,
City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF DRAINAGE IMPROVEMENTS ASSOCIATED WITH THE TOWN
DITCH PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, OPPOSING THE PASSAGE OF SENATE
BILL 150 (SB 150), ALSO KNOWN AS THE INTERNET TAX NON-
DISCRIMINATION ACT, AND URGING THE U. S. SENATORS FOR
THE STATE OF TEXAS TO OPPOSE THE BILL. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-154A - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAN D, TEXAS, AMENDING R2001-154,
ESTABLISHING GUIDELINES AFFECTING THE MAXIMUM
PHYSICAL SIZE OF MUNICIPAL UTILITY DISTRICTS LOCATED
WITHIN THE CITY. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE.
Mr. Tobin Maples, Executive Director of Community Development.
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17.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1135 - AN ORDINANCE GRANTING THE
CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34 WITHIN THE CITY'S CORPORATE
BOUNDARIES. Mr. Darrin Coker, City Attomey.
18.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1136 - AN ORDINANCE GRANTING THE
CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL
UTILIY DISTRICT NO. 35 WITHIN THE CITY'S CORPORATE
BOUNDARIES. Mr. Darrin Coker, City Attomey.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
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): None
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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