2003-08-11 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
August 11, 2003
7:30 p.m.
MAYOR
Tom Reid
Richard Tetens
Mayor Pro-Tem
Position No. 1
Woody Owens
Position No. 2
COUNCIL MEMBERS
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
lin 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 AUGUST 11, 2003, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED
TO BE ROUTINE AND REQUIRE LITrLE 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:
Minutes of the July 21,2003, Special Meeting held at 7:00 p.m.
Minutes of the July 28, 2003, Regular Council Meeting held at
7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF THE LAKES AT HIGHLAND
FOUR. Mr. Doug Kneupper, City Engineer.
- SUBDIVISION
GLEN SECTION
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IX.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1121 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING
ORDINANCE NO. 889, AUTHORIZING THE OFFERING OF HEALTH
BENEFITS COVERAGE TO THE CITY RETIREES; CONTAINING A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING AN OPEN MEETINGS CLAUSE. Ms. Yesenia Garza,
HR Benefits Coordinator.
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR
MEETING HELD ON JULY 28, 2003. City Council.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE
TEXSTAR INVESTMENT POOL. Ms. Mary Ross, Director of Finance.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH DYNASOURCE,
INC. FOR THE PURCHASE OF LASERFICHE SOFTWARE.
Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF THE VILLAGE AT MARY'S CREEK SECTION
ONE PHASE ONE. Mr. Doug Kneupper, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT WITH
DON WARD AND ASSOCIATES FOR DEVELOPMENT OF A FLOOD
MITIGATION PLAN. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT
REQUEST FOR THE OTHER VICTIM ASSISTANCE GRANT (OVAG).
Mr. J.C. Doyle, Chief of Police.
MATTERS REMOVED FROM CONSENT AGENDA
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X. NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-669 - 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 2.647 ACRES, OUT OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 243, TRACT 48A AND 48A2, BRAZORIA
COUNTY, TEXAS (8027 BROADWAY STREET AT ZAPALAC ROAD)
(APPLICATION NO. 1115) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF WILLIAM AND KATHERINE FAVOR,
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. 509-670 - 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 0.619 ACRES OF LAND, BEING TRACT NO. 3 IN THE
SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE-HALF OF
THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE
QUARTER OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 241, BRAZORIA COUNTY, TEXAS (MORENCI STREET)
(APPLICATION NO. 1117) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF JOSE E. QUINTONILLA,
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. 509-671 - 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 0.620 ACRES OF LAND, BEING TRACT NO. 7 IN THE
SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE-HALF OF
THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE
QUARTER OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 241, BRAZORIA COUNTY, TEXAS (MORENCI STREET)
(APPLICATION NO. 1118) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF JOSE E. QUINTONILLA,
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. 509-672 - 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 9.7980 ACRES OF LAND, BEING THE EAST ~ OF LOTS 11
AND 12 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, BEING PART OF THE SUBURBAN GARDENS,
SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
304, BRAZORIA COUNTY, TEXAS (COUNTY ROAD 403 (HUGHES
RANCH ROAD), EAST OF CR 94) (APPLICATION NO. 1116) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE) AT THE
REQUEST OF PAKSIMA GROUP, AGENT FOR DAVID AND LISA
TRAN, 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.
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CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1122 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO ADD SECTION 29-12, TO BE ENTITLED OFF-ROAD
OPERATION OF MOTOR VEHICLES; HAVING A PENALTY
CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE, AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO REGULATE THE OFF-ROAD OPERATION OF
MOTOR VEHICLES INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO ADD SECTION 29-12, TO BE ENTITLED OFF-
ROAD OPERATION OF MOTOR VEHICLES; HAVING A PENALTY
CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE, AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO REGULATE THE OFF-ROAD OPERATION OF
MOTOR VEHICLES INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City
Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AN AMENDED
DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS, L.P.
FOR THE ALLOCATION OF COSTS ASSOCIATED WITH THE
EXTENSION OF PEARLAND PARKWAY. Mr. Alan Mueller, Deputy
City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1123 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 19 OF 51.2668 ACRES OF LAND. Mr. Darrin Coker,
City Attomey.
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10.
11.
12.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1124 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 151.7705 ACRES OF LAND. Mr. Darrin Coker,
City Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1125 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
SIXTY FOOT (60') WIDE RIGHT OF WAY LOCATED BETWEEN LOT
5, BLOCK 4 AND BLOCK 5 OF THE AIR PORT SITES SUBDIVISION
IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 239, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin
Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-110 - 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 THE CONSTRUCTION,
IMPROVEMENT, MAINTENANCE, AND REPAIR OF DESIGNATED
STREETS OR ALLEYS WITHIN THE CITY OF PEARLAND.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-108 - 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
ASSOCIATED WITH THE SHARONDALE SEWER PROJECT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING A
PROPOSAL TO INCREASE TAXES 7.6% ABOVE THE EFFECTIVE
TAX RATE BASED ON A RATE OF $.696/$100 IN VALUE.
Mr. Bill Eisen, City Manager.
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13.
CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF
2003 CERTIFIED APPRAISAL ROLL FOR THE CITY OF PEARLAND
AND ASSOCIATED NEW CONSTRUCTION VALUES. Mr. Bill Eisen,
City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING PENDING LITIGATION -CITY FACILITIES.
Mr. Darrin Coker, City Attomey.
NEW BUSINESS (CONTINUED):
14. CONSIDERATION AND POSSIBLE ACTION - REGARDING
PENDING LITIGATION - CITY FACILITIES. City Council.
Xl. ADJOURNMENT
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made.
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