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2006-04-10 CITY COUNCIL MEETING AGENDA AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON APRIL 10, 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 "19th Annual Crawfish Festival Day" 2. Presentation by Mickey Mark, Pearland Historical Society, regarding the history of William Zychlinski. 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. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the March 20, 2006, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the March 27, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the April 3, 2006, Special Meeting held at 7:00 p.m. Page 1 of 5 - 4/10/2006 B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1261 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 58.0994 ACRES OF LAND. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION - EXCUSE COUNCILMEMBER KEVIN COLE'S ABSENCE FROM THE MARCH 13,2006, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION - EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MARCH 13, 2006, REGULAR COUNCIL MEETING. City Council. E. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF-48. Mr. Doug Kneupper, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1262 - 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. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING Page 2 of 5 - 4/10/2006 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. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST 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, 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; Page 3 of 5 - 4/10/2006 CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-3 - 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 1.03 ACRES OF LAND, LOT 25, OF WESTCHESTER ESTATES, ABSTRACT 242, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST SIDE OF WESTCHESTER CIRCLE) (ZONE CHANGE APPLICATION NO. 2006-12Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL-1 DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF JAMES D. AND L. ELAINE THOMAS, 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. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE PAYMENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DIXIE FARM ROAD PROJECT (PHASE I). Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-46 - 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 KLOTZ AND ASSOCIATES FOR ENGINEERING SERVICES (HYDRAULIC DESIGN) ASSOCIATED WITH THE BAILEY/OILER ROAD PROJECT. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1263 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, Page 4 of 5 - 4/10/2006 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. 7. CONSIDERATION AND POSSIBLE ACTION - REGARDING ACCEPTANCE OF THE PROPOSAL FOR SERVICES TO IMPLEMENT THE DEVELOPER/BUILDER SIGN. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): 8. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY FACILITIES. Mr. Darrin Coker, City Attorney. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 5 of 5 - 4/10/2006