2004-06-14 CITY COUNCIL MEETING AGENDA AMENDED AGENDA
ADDED EXECUTIVE SESSION ITEM #3 & ITEM #4
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JUNE 14, 2004, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
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VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1. Mayor's presentation of
Association's "Distinguished
Director of Finance.
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
the Government Finance Officers
Budget Presentation Award" to the
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 February 16, 2004, Joint Public Hearing held at
6:30 p.m.
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5.
Minutes of the May 17, 2004, Public Hearing held at 6:30 p.m.
Minutes of the May 17, 2004, Public Hearing held at 6:30 p.m.
Minutes of the May 24, 2004, Special Meeting held at 6:00 p.m.
Minutes of the May 24, 2004, Regular Council Meeting held at
7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-708 - 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 63.2 ACRES, MORE OR LESS, BEING OUT OF W.
ZYCHLINSKI'S SUBDIVISION OF SECTIONS 27 & 28 IN THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT - 551 FILED IN VOLUME
29, PAGE 9 BRAZORIA COUNTY DEED RECORDS AND THE H.
STEVENS SURVEY, ABSTRACT- 594, PEARLAND, BRAZORIA
COUNTY, TEXAS AND BEING OUT OF THOSE TRACTS
DESCRIBED IN A DEED AS FILED IN OFFICIAL RECORDS OF
REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE
NUMBER 99-040666 AND 02-028656 AND IN A DEED AS FILED IN
OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA
COUNTY AT CLERK'S FILE NUMBER 02-037050 (GENERALLY
LOCATED ON THE WEST SIDE OF FUTURE PEARLAND
PARKWAY, AND NORTH OF INDUSTRIAL DRIVE) (APPLICATION
NO. 1161) FROM CLASSIFICATION MULTI-FAMILY DISTRICT (MF)
TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST
OF THE CITY OF PEARLAND, 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.
R2004-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEPOSITORY AGREEMENT
WITH PEARLAND STATE BANK AND FIRST COMMUNITY
BANK FOR BANK DEPOSITORY SERVICES. Ms. Andrea Gardner,
Director of Finance.
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IX.
X.
1.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF FIBERGLASS BUILDINGS TO BE USED FOR THE STORAGE OF
WATER TREATMENT MATERIALS. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE SHARONDALE SEWER
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S ANNUAL
FEDERAL SINGLE AUDIT REPORT AS PREPARED BY THE
ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
AUTHORIZING THE ISSUANCE OF $2,040,000 WATERWORKS
AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 2004. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-87 - 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 CITY OF BAYTOWN FOR COOPERATION IN THE
PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attomey.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-97 - A RESOLUTION RECOGNIZING THE SERVICES AND
CONTRIBUTIONS OF KLAUS SEEGER. Mayor Reid.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-722 - 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 2.70 ACRES OF LAND, AND 2.194 ACRES OF LAND, BEING
A PART OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION
21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA
COUNTY, TEXAS ACCORDING TO THE PLAT AS RECORDED IN
VOLUME 2, PAGES 23 AND 24, PLAT RECORDS, BRAZORIA
COUNTY, TEXAS, (GENERALLY LOCATED ON THE SOUTH SIDE
OF FM 518, AND EAST OF OWER LANE) (APPLICATION NO. 1173)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF
CHARLES KENNEDY, J., TRUSTEE FOR MAI NGUYEN 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. 509-723 - 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 TRACT 1, 60.0000 ACRES SITUATED IN THE JAMES
HAMILTON SURVEY, ABSTRACT NO. 876, BEING 1.913 ACRES
OUT OF THE W.D.C HALL LEAGUE, ABSTRACT 70, BRAZORIA
COUNTY, TEXAS, AND BEING PART OF TRACT ONE OF THE
PARTITION OF THE YOST ESTATE, 120.44 ACRES AS RECORDED
IN VOLUME 6, PAGE 142, PLAT RECORDS BRAZORIA COUNTY,
TEXAS; AND 1.9355 ACRES OF LAND OUT OF THE W.D.C. HALL
LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS, AND BEING
PART OF TRACT TWO OF THE PARTITION OF THE YOST
ESTATE, 120.44 ACRES AS RECORDED IN VOLUME 6, PAGE 142,
PLAT RECORDS BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FM 518 AND HAMM
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ROAD) (APPLICATION NO. 1172) FROM CLASSIFICATION
NEIGHBORHOOD SERVICE DISTRICT (NS) TO PLANNED UNIT
DEVELOPMENT (PUD) AT THE REQUEST OF JIM MCGREGOR,
AIA, FOR R. ELLIS MANAGEMENT GROUP, LLC 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. 509-724 - 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 1 AND 2, BLOCK 4, OF COLONIAL ESTATES, A
SUBDIVISION IN SECTION 14, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 509, IN BRAZORIA COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 9, PAGE
123, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(LOCATED AT 5230 COLONIAL DRIVE)(APPLICATION NO. 1171)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF TOMMY BARNI, 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. 1168 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL
LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND
ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES (BELTWAY 8 AT SH 288);
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN
SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy
City Manager.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1169 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL
LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND
ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES (BELTWAY 8 AT SH 288);
APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN
SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy
City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1167 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING REGULATORY SIGNS WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND NEAR THE INTERSECTION
OF DIXIE FARM ROAD AND WILLOW LAKE DRIVE; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE Ar,ID A REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO ESTABLISH TRAFFIC CIRCULATION CONTROL
SIGNS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ADOPTING A LAND USE ASSUMPTIONS
AND A CAPITAL IMPROVEMENTS PLAN FOR ROADWAY
FACILITIES WITHIN THE CITY. Mr. Alan Mueller, Deputy City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SCHEDULING A PUBLIC HEARING ON
IMPACT FEES FOR ROADWAY FACILITIES WITHIN THE CITY;
DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID
PUBLIC HEARING. Mr. Gary Mitchell, Wilbur Smith Associates.
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10.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-94 - 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 KIRST KOSMOSKI, INC. FOR ENGINEERING SERVICES
ASSOCIATED WITH THE JOHN LIZER ROAD SEWER PROJECT.
Mr. Bill Eisen, City Manager.
11.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY
EXPENDITURE FOR REPAIRS TO THE OLD CITY HALL WATER
WELL. Mr. Bill Eisen, City Manager.
12.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN
ENGINEERING CONTRACT WITH JOHN HARGROVE FOR
ENGINEERING SERVICES. Mr. Alan Mueller, Deputy City Manager
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE CULLEN BOULEVARD
EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
14.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1170 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 188.76 ACRES OF LAND. Mr. Darrin Coker,
City Attomey.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF -WAY. Mr. Bill Eisen, City Manager.
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SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE DEVELOPMENT AUTHORITY OF
PEARLAND. Mr. Bill Eisen, City Manager.
SECTION 551.072 - DELIBERATIONS ABOUT REAL
PROPERTY: REGARDING THE LEASE OF PROPERTY FOR
CITY FACILITIES. Mr. Bill Eisen, City Manager.
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING LITIGATION -ZONING. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
15.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ACQUISITION OF LAND FOR RIGHT-OF-WAY. City Council.
16. CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS TO THE DEVELOPMENT AUTHORITY OF
PEARLAND. City Council.
17.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
LEASE OF PROPERTY FOR CITY FACILITIES. City Council.
18.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
LITIGATION - ZONING. Mr. Darrin Coker, City Attorney.
XI. ADJOURNMENT
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made.
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