2006-04-24 CITY COUNCIL AMENDED MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
April 24, 2006 7:30 p.m.
MAYOR
Tom Reid
Kevin Cole
Mayor Pro-Tern
Position No.5
COUNCIL MEMBERS
Richard Tetens
Position No.1
Woody Owens
Position No.2
Steve Saboe
Position No.3
Larry Marcott
Position No.4
Nick Finan
Assistant City Manager
Bill Eisen
City Manager
Mike Hodge
Assistant City Manager
Darrin Coker
City Attorney
Young Lorting
City Secretary
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In accordance with the Texas Open Meeting Act the Agenda is posted for public I
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.
AMENDED AGENDA
ADDED EXECTUTIVE SESSION ITEMS NO.2 & 3 AND NEW BUSINESS ITEMS
NO. 13 & 14
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON APRIL 24,2006, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
I. CALL TO ORDER
II. INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation "Crime Victims' Rights Week"
2. Presentation of Proclamation "Elks National Youth Week"
3. Recognition of the Full-time Employee of the Quarter, Steve
Vavrecka, Water and Sewer Line Maintenance Supervisor.
4. Recognition of the Part-time Employee of the Quarter, Stephen
Adams, Community Center Recreation Attendant.
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
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.
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A. CONSIDERATION AND POSSIBLE ACTION - MINUTES
1. Minutes of the April 10, 2006, Regular Council Meeting
held at 7:30 p.m.
2. Minutes of the April 17, 2006, Special Council Meeting held
at 6:15 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-1 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 10.00
ACRES OF LAND, LOT 64, OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S SUBURBAN GARDENS
SUBDIVISION OF SECTION 19, H. T. & B.R.R. COMPANY
SURVEY, ABSTRACT 243, AS RECORDED IN VOLUME 400,
PAGE 590, OF THE BRAZORIA COUNTY DEED RECORDS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND EAST OF WESTGATE STREET)
(ZONE CHANGE APPLICATION NO. 2006-10Z) FROM
CLASSIFICATION SUBURBAN RESIDENTIAL-12 DISTRICT
(SR-12) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT
THE REQUEST OF JOSEPH BENES, APPLICANT FOR
JUDITH I. POSTON, BETTY P. HILL, DONALD E. BENES,
AND JOSEPH BENES, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-2 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 71.70
ACRES OF LAND IN THE H. T. & B.R.R. COMPANY SURVEY,
SECTION 80, ABSTRACT 564, BEING ALL OF LOTS 40, 41,
47 THROUGH 50, THE EASTERLY HALF OF LOT 39 AND A
WESTERLY PORTION OF LOT 51, BLOCK 80, OF THE
ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, OF THE
BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND,
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BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE SOUTH SIDE OF BROADWAY STREET, AND ON THE
WEST SIDE OF STATE HIGHWAY 288) (ZONE CHANGE
APPLICATION NO. 2006-13Z) FROM CLASSIFICATION
SINGLE FAMILY ESTATE DISTRICT (R-E) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF
JAMES JOHNSON AND TRAILS DEVELOPMENT, LTD.,
APPLICANT FOR WILLIAM WALSH AND TRAILS
DEVELOPMENT, LTD., OWNERS, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City
Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1263 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, NAMING A PORTION OF THE
BELTWAY 8/SH 288 FRONTAGE ROAD AS BASS PRO
SHOPS DRIVE; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND
FOR CODIFICATION. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000M-4 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 64.8110
ACRES OF LAND, BEING THE FINAL PLAT OF TWIN LAKES
SECTION ONE, AS RECORDED IN VOLUME 24, PAGES 232
AND 233, OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF VETERANS
DRIVE, AND APPROXIMATELY 1,000 FEET SOUTH OF
WALNUT STREET) (ZONE CHANGE APPLICATION NO.
2006-15Z) FROM CLASSIFICATION PLANNED
DEVELOPMENT DISTRICT (PD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE
EXISTING PLANNED DEVELOPMENT DISTRICT (PD) FOR
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TWIN LAKES, AT THE REQUEST OF JERRY MCGINTY,
APPLICANT FOR STAR TWO TWIN LAKES, L.P., OWNER,
PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE ZONING AND LAND USE INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY. Mr. Nick Finan, Assistant City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-54 - 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 LINEBARGER, GOGGAN, BLAIR, &
SAMPSON, LLP FOR TAX COLLECTION SERVICES.
Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-55 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR INSPECTION SERVICES. Mr. Bill Eisen,
City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-52 - THAT THE CERTAIN AGREEMENT DATED
BETWEEN THE STATE OF TEXAS AND THE
CITY OF PEARLAND, FOR THE INSTALLATION,
CONSTRUCTION, EXISTENCE, USE, OPERATION, AND
MAINTENANCE OF CERTAIN HIGHWAY TRAFFIC
SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON
EXHIBIT 1, ATTACHED HERETO AND MADE A PART
HEREOF, IN THE CITY OF PEARLAND, BE AND THE SAME
IS HEREBY APPROVED, AND IS HERBY
AUTHORIZED TO EXECUTE SAID CONTRACT ON BEHALF
OF SAID CITY TO TRANSMIT THE SAME TO THE STATE OF
TEXAS FOR APPROPRIATE ACTION. Mr. Bill Eisen, City
Manager.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1265 - AN
ORDINANCE PROVIDING FOR THE APPROVAL OF THE
AGREEMENT DATED BETWEEN THE STATE OF
TEXAS AND THE CITY OF PEARLAND FOR THE
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INSTALLATION, CONSTRUCTION, EXISTENCE, USE
OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC
SIGNALS/LIGHTING AT THE LOCATION(S) SHOWN ON
EXHIBIT 1, ATTACHED HERETO AND MADE A PART
HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR
THE EXECUTION OF SAID AGREEMENT; AND DECLARING
AN EMERGENCY. Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-48 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34. Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-53 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ADVANCED FUNDING AGREEMENT WITH THE STATE OF
TEXAS FOR IMPROVEMENTS TO THE OLD ALVIN BRIDGE.
Mr. Bill Eisen, City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-49 - 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 GEORGE O. PUIG, FOR CONSTRUCTION
MANAGEMENT SERVICES ASSOCIATED WITH THE YOST
ROAD PROJECT. Mr. Bill Eisen, City Manager.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-51 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
WAGON WHEEL WATER, DRAINAGE AND PAVING
IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager.
1 O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-50 - 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 C. L. DAVIS AND COMPANY, FOR
SURVEYING SERVICES ASSOCIATED THE ORANGE
STREET PROJECT. Mr. Bill Eisen, City Manager.
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11. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1264 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE
TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE
CITY COUNCIL AND THE PLANNING AND ZONING
COMMISSION FOR AN AMENDMENT TO THE CITY'S
ZONING MAP. Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 PERSONNEL MATTERS
REGARDING THE DUTIES OF THE MUNICIPAL COURT
JUDGE. City Council.
2. SECTION 551.074 PERSONNEL MATTERS
REGARDING THE DUTIES OF THE CITY MANAGER.
City Council.
3. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY REGARDING PENDING LITIGATION
ASSOCIATED WITH UTILITY CHOICE. Mr. Darrin Coker,
City Attorney.
NEW BUSINESS (CONTINUED):
12. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE DUTIES OF THE MUNICIPAL COURT JUDGE. City
Council.
13. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE DUTIES OF THE CITY MANAGER. City Council.
14. CONSIDERATION AND POSSIBLE ACTION - REGARDING
PENDING LITIGATION ASSOCIATED WITH UTILITY CHOICE.
City Council.
XI. ADJOURNMENT
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Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
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