2004-03-22 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MARCH 22, 2004, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
I1. INVOCATION AND PLEDGE OF ALLEGIANCE
II1. MAYOR'S ACTIVITY REPORT
1. Presentation of Certificate of Recognition.
2. Presentation by Partners for Pearland.
3. Presentation of Proclamation "Child Abuse Prevention Month."
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 (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 January 19, 2004, Joint Public Hearing held at 6:30
p.m.
Minutes of the March 8, 2004, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-696 -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 65.4324 ACRES BEING ALL OF LOTS 1, 2, AND 3 OF
PEARLAND INDUSTRIAL PARK SUBDIVISION AS RECORDED IN
VOLUME 16, PAGE 171, OF THE MAP RECORDS OF BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
VETERANS DRIVE, ON THE WEST SIDE OF THE RAILROAD, AND
SOUTH OF WALNUT STREET) (APPLICATION NO. 1152) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-l) TO
PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF
KEVIN PRICE, AGENT FOR JOHN A. SAGE, 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. 509-697 - 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 3.00 ACRES BEING PART OF LOT 178. ZYCHLINSKI
SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 551, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF DIXIE FARM ROAD, NORTH OF
THE INTERSECTION OF DIXIE FARM ROAD AND STATE
HIGHWAY 35) (APPLICATION NO. 1139) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF ENRIQUE
GUZMAN, 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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-698 - 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 18.75 ACRES, OUT OF THE NORTHEAST ONE-FOURTH OF
THE SOUTHWEST ONE-FOURTH AND THE NORTH ONE-HALF OF
THE SOUTHEAST ONE-FOURTH IN SECTION 15, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT NO. 241, IN BRAZORIA COUNTY,
TEXAS (LOCATED AT 6618 FITE ROAD) (SPECIFIC USE
APPLICATION NO. 130) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT -
SPECIFIC USE (SD(S)) AT THE REQUEST OF JACK MCGUFF, JR.,
AIA, AGENT FOR PEARLAND AREA DAD'S CLUB, 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. 509-699 -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 4.9266 ACRES, SITUATED IN LOT 52 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION
20, OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506,
BRAZORIA COUNTY, TEXAS (LOCATED AT THE NORTHWEST
CORNER OF CULLEN BOULEVARD AND COUNTY ROAD 403
(HUGHES RANCH ROAD)) (APPLICATION NO. 1141) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF TOM
KUNTHARA, AGENT FOR HOUSTON BUSINESS INVESTMENTS,
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 - SECOND AND FINAL
READING OF ORDINANCE NO. 509-700 -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 38, 39, 40, AND 41, BLOCK 16, PEARLAND
TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND NORTH
OF BROADWAY STREET) (APPLICATION NO. 1150) FROM
CLASSIFICATION MULTI-FAMILY DISTRICT (MF) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JACK
MCGUFF, JR., AIA, AGENT FOR DIANA LECLERE, 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. 509-701 -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 42, 43, AND 44, BLOCK 16, PEARLAND TOWNSITE
(WEST SIDE OF WASHINGTON AVENUE, AND NORTH OF
BROADWAY STREET) (APPLICATION NO. 1151) FROM
CLASSIFICATION MULTI-FAMILY DISTRICT (MF) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JACK
MCGUFF, JR., AIA, AGENT FOR SHANE NIXON, 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. 509-702 -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 1.00 ACRES OUT OF AN 11.88 ACRE TRACT OUT OF
TRACT 1-C OF THE W. W. STONE PARTITION OUT OF TRACT 1
OF THE W. T. DOBSON SURVEY, ABSTRACT 187, BRAZORIA
COUNTY, TEXAS (LOCATED AT 1610 STONE ROAD)
(APPLICATION NO. 1148) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF VITOR GRAVE, 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. 509-703 -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 0.7849 ACRES, SITUATED IN THE J. W. MAXEY SURVEY,
ABSTRACT 721, BRAZORIA COUNTY, TEXAS (LOCATED AT 3618
WEST STERLING DRIVE) (APPLICATION NO. 1149) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
TAN-VINH THAI 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. 943-8 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S
COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A
SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE
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DATE AND FOR CODIFICATION.
Director of Community Services.
Mr. Tobin Maples, Executive
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1157 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-45 - 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
WITH THE MEMORIAL VILLAGES WATER AUTHORITY FOR
COOPERATION IN THE PURCHASE OF VARIOUS COMMODITIES.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXCHANGE, BY QUITCLAIM DEED, CERTAIN
REAL PROPERTY SITUATED IN THE CITY. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF CYPRESS VILLAGE SECTION 1.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-23.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
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IX.
X.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-44 -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
WITH BRAZORIA COUNTY FOR ROAD MAINTENANCE AND
REPAIR. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARl_AND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH MONTGOMERY WATSON HARZA FOR ENGINEERING
SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER
PLANT EXPANSION. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-41 - 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 BELLAIRE ENVIRONMENTAL, INC. FOR WETLANDS
MITIGATION ASSOCIATED WITH THE PEARLAND PARKWAY
ROAD PROJECT. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-43 - 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 SUNGARD
H.T.E., INC. FOR THE PURCHASE AND INSTALLATION OF GIS
CRIME MAPPING SOFTWARE. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-35 - 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 TURNER COLLIE & BRADEN, INC. FOR ENGINEERING
SERVICES ASSOCIATED WITH THE KIRBY DRIVE EXTENSION.
Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - DIRECTIVE TO
STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF
LAND GENERALLY LOCATED WEST OF ANAGOST ROAD
(UNOPENED), SOUTH OF RILEY ROAD (UNOPENED) AND EAST
OF HOOPER ROAD IN THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION F, JAMES HAMILTON
SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS.
Mr. Alan Mueller, Deputy City Manager.
m
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, OPPOSING ANY SCHOOL FINANCE OR
TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT
CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS.
Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY FOR THE CITY. Mr. Bill Eisen, City Manager.
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -
REGARDING POTENTIAL LITIGATION - ZONING.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO EARNEST MONEY CONTRACTS
WITH JOHN B. YOST FOR THE PURCHASE OF REAL PROPERTY
SITUATED IN THE CITY OF PEARLAND. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION - ZONING. Mr. Darrin Coker, City Attomey.
Xl. ADJOURNMENT
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This site is accessible to disabled individuals. For special assistance, please call Youn.q
Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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