2003-06-09 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
June 9, 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 JUNE 9, 2003, 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
III. MAYOR'S ACTIVITY REPORT
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 (X.
MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
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1. Minutes of the March 3, 2003, Joint Public Hearing at 6:30 p.m.
2. Minutes of the March 24, 2003, Joint Public Hearing at 6:30 p.m.
3. Minutes of the May 6, 2003, Special Meeting at 6:30 p.m.
4. Minutes of the May 12, 2003, Regular Council Meeting at 7:00 p.m.
5. Minutes of the May 12, 2003, Regular Council Meeting at 7:30 p.m.
6. Minutes of the May 19, 2003, Special Meeting at 6:00 p.m.
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF- 4.
Mr. John Hargrove, City Engineer.
SUBDIVISION
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C. SUBDIVISION
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CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-16A.
Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF SHADOW CREEK RANCH SF-16B.
Mr. John Hargrove, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
BRAZORIA COUNTY TAX ASSESSOR-COLLECTOR (RO'VIN
GARRETT) TO CALCULATE AND PUBLISH THE EFFECTIVE TAX
RATE AND ROLLBACK TAX RATE FOR 2003. Ms. Mary Ross,
Director of Finance.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF A HORIZONTAL BALER FOR THE RECYCLING CENTER.
Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATE WITH THE SHADOW CREEK RANCH
SEWER PROJECT (PHASE II). Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1116 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF
DRAINAGE 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 Attomey.
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IX.
X.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-659 - 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 47.98 ACRES OF LAND, OUT OF THE W.T. DOBSON
SURVEY, ABSTRACT 187, BRAZORIA COUNTY, TEXAS (CULLEN
BOULEVARD @ BROOKSIDE ROAD)(APPLICATION NO. 1108)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AND SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY,
AGENT FOR ESTATE OF MARIA ROSE BAGNOLI C/O BEN BEST,
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. 509-660 - 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 4.6945 ACRES, SITUATED IN THE NORTHEAST ONE-
QUARTER OF SECTION 17, H. T. & B. R.R. CO. SURVEY, A-242,
BRAZORIA COUNTY, TEXAS (2318 MANVEL ROAD)(APPLICATION
NO. 1106) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF WILLIAM J. COOK, AGENT FOR WILLIAM F. HAWK,
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 - FIRST READING OF
ORDINANCE NO. 509-661 - 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
BEING10.2571 ACRES, BEING OUT OF AND A PART OF LOTS 6 &
7, BLOCK 10, ALLISON RICHEY GULF COAST HOME COMPANY,
SUBURBAN GARDENS SUBDIVISION, SECTION 4, T.C.R.R.
COMPANY SURVEY, ABSTRACT 675, BRAZORIA COUNTY, TEXAS
(SHADOW CREEK PARKWAY) (APPLICATION NO. 1103) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF NEW
BETHLEHEM MISSIONARY BAPTIST CHURCH AND PLEASANT
GROVE BAPTIST CHURCH, 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. 509-662 - 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 .28 ACRES, BEING A PORTION OF TRACT 24 OF HAHL'S
FIGLAND ORCHARD SUBDIVISION NO. 1, OF THE WEST 1~ OF
SECTION 13, H. T. & B. R.R. COMPANY SURVEY, ABSTRACT 240,
BRAZORIA COUNTY, TEXAS (5610 FITE ROAD)(APPLICATION NO.
1105) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF GUADALUPE RIOS, 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 - FIRST READING OF
ORDINANCE NO. 509-663 - 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 1.9355 ACRES, BEING OUT OF THE W.D.C. HALL SURVEY,
ABSTRACT 70, BRAZORIA COUNTY, TEXAS (2011 BROADWAY
STREET) (APPLICATION NO. 1109) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD
SERVICES DISTRICT (NS) AT THE REQUEST OF JOHN YOST,
AGENT FOR VERNA YOST, 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 - RESOLUTION NO.
R2003-76 - 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 DRAINAGE DISTRICT NO. 4 FOR DRAINAGE
IMPROVEMENTS ASSOCIATED WITH THE TOWN DITCH
DRAINAGE PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH R. WEST DEVELOPMENT COMPANY FOR THE EXTENSION
OF PEARLAND PARKWAY. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1115 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF
TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION,
CONSTRUCTION, EXISTENCE, USE, OPERATION AND
MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT
THE INTERSECTION OF FM 518 AND SUNRISE LAKE BLVD., IN
THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT. Mr. Alan Mueller, Deputy City Manger.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR DIRT HAULING
SERVICES ASSOCIATED WITH THE HICKORY SLOUGH
DETENTION PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-82 - 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 CARTER-BURGESS, INC. FOR ENGINEERING SERVICES
THE INFLOW AND INFILTRATION REDUCTION PROJECT (PHASE
III). Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-77 - 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 CARTER-BURGESS, INC. FOR THE ENGINEERING
SERVICES THE INFLOW AND INFILTRATION REDUCTION
PROJECT (PHASE II). Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT
REPORT FOR THE QUARTER ENDING MARCH 2003.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING A
PROCESS TO INFORM COUNCIL OF THE STATUS OF MEMBER'S
REQUEST. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONSENTING TO THE APPLICATION FOR
DUAL CERTIFICATION ASSOCIATED WITH THE CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Bill Eisen, City Manager.
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OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE BOARDS AND COMMISSIONS.
City Council.
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING PENDING LITIGATION - CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
15.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS TO THE BOARDS AND COMMISSIONS.
City Council.
16.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION - CITY FACILITIES. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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