2005-01-24 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JANUARY 24, 2005, 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 LITTLE OR NO DELIBERATION BY THE
CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE
MOTION UNLESS A COUNClLMEMBER 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 January 10, 2005, Regular Council Meeting held at
7:30 p.m.
Minutes of the January 17, 2005, Special Meeting held at 7:30
p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1187 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A PORTION OF A CERTAIN TWENTY FOOT (20')
SANITARY SEWER EASEMENT RECORDED IN VOLUME 1506,
PAGE 508 OF THE PLAT RECORDS OF, BRAZORIA COUNTY,
TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A
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SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1158-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 19, NOISE, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, FOR THE PURPOSE OF UPDATING THE
ORDINANCES RELATIVE TO NOISE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-39A.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-40.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF CABOT COVE SECTION 2. Mr. Doug Kneupper,
City Engineer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-11 - A RESOLUTION AND ORDER OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING
OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 7,
2005, FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE
MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF
PEARLAND, TEXAS; AND FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING POLLING PLACES; NAMING CLERKS; AND
ESTABLISHING PROCEDURES FOR SAID REGULAR CITY
OFFICERS' ELECTION. Mr. Young Lorfing, City Secretary.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT
THE CENTRAL COUNTING STATION, BRAZORIA COUNTY
COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL
ELECTION TO BE HELD ON SATURDAY, MAY 7, 2005.
Mr. Young Lorfing, City Secretary.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR STREET STRIPING SERVICES. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1197 - 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1198 - 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1199 - 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
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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. Dardn Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1200 - 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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO CONVEY, BY QUITCLAIM DEED, CERTAIN
REAL PROPERTY SITUATED IN THE CITY. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1202 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING STOP SIGNS WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND UPON SCHLEIDER DRIVE IN
A NORTHERLY DIRECTION AT ITS INTERSECTION WITH ORANGE
STREET, UPON ORANGE STREET IN AN EASTERLY DIRECTION
AT ITS INTERSECTION WITH SCHLEIDER DRIVE; PROVIDING
A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE,
ASEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR
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IX.
X.
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS
INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City
Attorney.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-753 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 2.00 ACRES, WILLETTS SUBDIVISION, ABSTRACT 70,
W.D.C. HALL SURVEY, LOT 2, 2C, 2D, 2C1, 2D1, AND 2E, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND
EAST OF HAMM ROAD) (APPLICATION NO. 1200 & SPECIFIC USE
PERMIT APPLICATION NO. 138) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS DISTRICT -
SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT FOR
STORAGE AND MINI-WAREHOUSE, AT THE REQUEST OF
ROBERT MCCONNELL AND G JR INVESTMENT MANAGEMENT,
INC., APPLICANT FOR TEXAS NO. 4, LTD., 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. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 509-J -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADDING
SECTION 24.21, EXEMPTION FOR SCOREBOARDS TO THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OFPEARLAND (ORDINANCE NO. 509), PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, A EMERGENCY CLAUSE AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
TION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
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OF PEARLAND, TEXAS, DESIGNATING CERTAIN OFFICIALS AS
BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF
THE APPLICANT IN DEALING WITH THE TEXAS PARKS &
WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS
"DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE
TEXAS RECREATION & PARK ACCOUNT OUTDOOR
RECREATION GRANTS PROGRAM, HEREINAFTER REFERRED
TO AS THE "PROGRAM; CERTIFYING THAT THE APPLICANT IS
ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING
THAT THE APPLICANT MATCHING SHARE IS READILY
AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR
PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED
PROPERTY) PUBLIC PARK AND RECREATIONAL USES.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1201 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
SIXTEEN FOOT (16') UTILITY EASEMENT RECORDED IN VOLUME
20, PAGE 5-6 OF THE PLAT RECORDS OF, BRAZORIA COUNTY,
TEXAS, 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 Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CONSENTING TO THE CREATION OF THE
PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-14 - 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' GEOTEST
ENGINEERING, INC. FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 6
ASSOCIATED WITH THE CORRIGAN DITCH BY-PASS CHANNEL.
Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
2005-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A WHOLESALE WATER
CONTRACT AMENDMENT WITH THE CITY OF HOUSTON.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE MAGNOLIA SEWER
PROJECT. Mr. Bill Eisen, City Manager.
10.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1
ASSOCIATED WITH THE BARRY ROSE ROAD PROJECT.
Mr. Bill Eisen, City Manager.
11.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-22 - 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 THE HOUSTON-GALVESTON AREA COUNCIL, REGION 1
FOR THE HEALTH INSURANCE BENEFITS. Mr. Bill Eisen, City
Manager.
12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTON NO.
R2005-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY
SEWER PROJECT. Mr. Bill Eisen, City Manager.
13.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-19 - 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 ESPA
CORP FOR CONSTRUCTION INSPECTION SERVICES
ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY SEWER
PROJECT. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
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SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY:
REGARDING SETTLEMENT NEGOTIATIONS. Mr. Darrin Coker,
City Attorney.
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):
14.
15.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
SETTLEMENT NEGOTIATIONS. Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY
-"CITY FACILITIES." Mr. Darrin Coker, City Attorney.
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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