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2006-08-14 CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA AMENDED EXECUTIVE SESSION ITEM NO.2 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON AUGUST 14, 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. Recognition of the Employee of the Quarter, Ronnie Jones, Park and Recreation Crew Leader. 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- 1. Minutes of the July 17, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the July 24, 2006, Regular Meeting held at 7:30 p.m. 3. Minutes of the July 31, 2006, Special Meeting held at 7:30 p.m. 4. Minutes of the August 2, 2006, Special Meeting held at 5:30 p.m. 5. Minutes of the August 7, 2006, Special Meeting held at 6:30 p.m. Page 1 of 9 - 8/14/2006 B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE MAYOR PRO-TEM TETENS' ABSENCE FROM THE JULY 24, 2006, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1287 - 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, UTILITY AND 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 Attorney. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1288 - 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, UTILITY AND DRAINAGE IMPROVEMENTS AND A WATER AND SEWER EASEMENT 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. E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1289 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE Page 2 of 9 - 8/14/2006 TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND 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. Oarrin Coker, City Attorney. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-19 - 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 1.26 ACRES OF LAND, BEING LOTS 1A, 1E, 10, AND 1E1, ABSTRACT 239, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT STREET, AND APPROXIMATELY 400 FEET EAST OF MCLEAN ROAD), (ZONE CHANGE APPLICATION NO. 2006-28Z), FROM SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2) TO TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF RICHARD GONZALEZ, APPLICANT FOR RMMA INVESTMENTS, 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. Mr. Nick Finan, Assistant City Manager. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-15 - 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 11.6443 Page 3 of 9 - 8/14/2006 ACRES OF LAND, BEING OUT OF LOT 38 AND 39, ALLlSON- RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 85, AS RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY PLAT RECORDS, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD 93), AND APPROXIMATELY 1,000 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-23Z), FROM SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF OSBORNE DEVELOPMENT, APPLICANT FOR TRINITY LEASING, LTD., 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. Mr. Nick Finan, Assistant City Manager. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-16 - 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.C HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED APPROXIMATELY 500 FEET WEST OF LIBERTY DRIVE, AND APPROXIMATELY 300 FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-26Z), FROM SINGLE FAMILY RESIDENTIAL - 4 DISTRICT (R-4) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF AL OSBORN (OSBORN AND VANE ARCHITECTS), APPLICANT FOR DONYA, LLC, 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. Mr. Nick Finan, Assistant City Manager. Page 4 of 9 - 8/14/2006 4. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-17 - 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 4.540 ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME 976, PAGE 486, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WOOTEN ROAD, AND APPROXIMATELY 1,100 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-27Z), FROM SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF GEORGE MUTHALAL Y, APPLICANT FOR MORITZ V. CRAVEN, 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. Mr. Nick Finan, Assistant City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-18 - 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 1.995 ACRES OF LAND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BEING A PORTION OF LOT 39 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION 85, AS SHOWN ON MAP OR PLAT AS RECORDED UNDER VOLUME 2, PAGE 107, OF THE PLAT RECORDS OF BRAZORIA COUNTY, ALSO BEING ALL OF THAT CERTAIN CALLED 2.00 ACRE TRACT OF LAND AS DESCRIBED IN DEED AND RECORDED UNDER FILE NO. 921017114 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD 93), AND APPROXI MA TEL Y 800 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. Page 5 of 9 - 8/14/2006 2006-29Z), FROM SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST 0 MONTY HUDSON, APPLICANT FOR JASVANT C. PATEL, 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. Mr. Nick Finan, Assistant City Manager. 6. CONSIDERATION AND POSSIBLE ACTION - MOTION TO REMOVE FROM THE TABLE, FIRST READING OF ORDINANCE NO. 1283. Mr. Darrin Coker, City Attorney. 6A. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 28.6730 ACRES OF LAND. Mr. Darrin Coker, City Attorney 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH GRAND VALLEY HOMES, INC. AND SOUTHWOOD ESTATED, INC. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING AND APPROVING THE CITY'S GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney. 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 5, 2006 AND SEPTEMBER 11, Page 6 of 9 - 8/14/2006 2006, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2006-2007 TAX RATE AND SETTING THE PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager. 1 O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 5, 2006 AND SEPTEMBER 11, 2006, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2006-2007 BUDGET AND SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE EXTENSION OF BAILEY DRIVE BETWEEN STATE HIGHWAY 35 AND VETERANS DRIVE. Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-117 - 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 CARTER AND BURGESS, INC. FOR CONSTRUCTION MANAGEMENT ASSOCIATED WITH THE BAILEY DRIVE EXTENSION PROJECT (BETWEEN SH35 AND VETERANS DRIVE. Mr. Bill Eisen, City Manager. 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-116 - 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 LJA ENGINEERING AND SURVEYING FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE BARRY ROSE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO VARIOUS CONTRACTS FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION AND DESIGN MANAGEMENT SERVICES ASSOCIATED WITH A NEW PUBLIC SAFETY BUILDING. Mr. Bill Eisen, City Manager. Page 7 of 9 - 8/14/2006 15. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REGULAR MEETING TIMES AND DATES FOR SEPTEMBER 2006 TO ENSURE COMPLIANCE WITH STATUTORY BUDGETARY TIMELlNES. Mr. Darrin Coker, City Attorney. 16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. 17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE CONSTRUCTION OF CERTAIN ROAD IMPROVEMENTS. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): 18. CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. 19. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. Page 8 of 9 - 8/14/2006 XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Y ounq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. I, Sonia Blair, Deputy City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 11 th day of August 2006, at 5:30 p.m. ..~'1.. ~" ". ~....~ .1.\'.$'... ' )j~. ~..... :::-~ ; .,.''ii :Bi ~ --"1 \ \ .~...1 i ""~I ""1t,"4um~'# ('. {)\,f\IJt f=20a ~{ Sonia Blair Deputy City Secretary Agenda removed \5 day of August 2006. Page 9 of 9 - 8/14/2006