2006-06-26 CITY COUNCIL MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
June 26, 2006 7:30 p.m.
MAYOR
Tom Reid
Richard T etens
Mayor Pro Tern
Position No.1
COUNCIL MEMBERS
Helen Beckman
Position No. 2
Steve Saboe
Position No.3
Felicia Kyle
Position No.4
Kevin Cole
Position No.5
Nick Finan
Assistant City Manager
Bill Eisen
City Manager
Mike Hodge
Assistant City Manager
Darrin Coker
City Attorney
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.
AMENDED AGENDA
ADDED CONSENT AGENDA ITEMS LETTER "H" AND LETTER" I"
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JUNE 26, 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 "National Night Out"
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 June 5, 2006, Joint Public Hearing held at
6:30 p.m.
2. Minutes of the June 12, 2006, Regular Meeting held at
7:30 p.m.
3. Minutes of the June 19, 2006, Public Hearing held at 6:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-8 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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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 8.517
ACRES, BEING OUT OF LOT 1, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 300, SECTION 81 OF THE ALLlSON-
RICHEY GULF COAST HOME COMPANY SUBDIVISION,
ACCORDING TO THE PLAT OR MAP RECORDED IN
VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY PLAT
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF
BROADWAY STREET, AND ON THE WEST SIDE OF KIRBY
DRIVE), (ZONE CHANGE APPLICATION NO. 2006-19Z)
FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT
(R-E) TO PLANNED DEVELOPMENT DISTRICT (PO), AT THE
REQUEST OF CBL AND ASSOCIATES PROPERTIES, INC.,
APPLICANT FOR W C PROPERTIES, 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-9 - 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 643.1
ACRE TRACT OF LAND, OUT OF THE T. J. GREEN SURVEY,
ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING ALL OF
THAT CERTAIN CALLED 663.1 ACRES OF LAND, SAME
BEING LOTS 1 THRU 103 AND LOTS 108 THRU 122 IN THE
ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, RECORDED IN VOLUME 4, PAGE 48, IN THE
MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY OF
PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY,
ON THE WEST SIDE OF COUNTRY CLUB DRIVE, AND ON
THE NORTH SIDE OF CLEAR CREEK), (ZONE CHANGE
APPLICATION NO. 2006-18Z) FROM CLASSIFICATION
SINGLE FAMILY ESTATE DISTRICT (R-E) TO SINGLE
FAMILY RESIDENTIAL - 1 DISTRICT (R-1), AT THE
REQUEST OF ALAN MUELLER, APPLICANT FOR
RIVERSTONE LAND INVESTORS, LTD., SHS, AND GREEN
SHADOWS CORPORATION, OWNERS, AND PORTIONS OF
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THE PROPERTY INITIATED FOR A ZONE CHANGE BY THE
CITY OF PEARLAND, 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.
D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1277 - 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.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1278 - 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 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 AND
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1279 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF
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STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND (BOGEY WAY @ VENEZIA DR.)
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE,
FOR PUBLICATION, AND FOR 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. Bill Eisen,
City Manager.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-101 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE
DREDGING OF THE MOUTH OF THE SAN BERNARD RIVER.
Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1281 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE A
DRAINAGE EASEMENT 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
Attorney.
I. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1282 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE A
DRAINAGE EASEMENT FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
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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. 1276 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE
NUMBER TWO, CITY OF PEARLAND, TEXAS; AMENDING
THE PROJECT PLAN AND REINVESTMENT ZONE
FINANCING PLAN FOR REINVESTMENT ZONE NUMBER
TWO, CITY OF PEARLAND, TEXAS; AUTHORIZING THE
CITY SECRETARY TO DISTRIBUTE SUCH PLANS;
CONTAINING FINDINGS AND PROVISIONS RELATED TO
THE FOREGOING SUBJECTS; AND PROVIDING FOR
SEVERABILITY. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1275 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING THE PROJECT PLAN AND REINVESTMENT
ZONE FINANCING PLAN FOR REINVESTMENT ZONE
NUMBER TWO, CITY OF PEARLAND, TEXAS; AUTHORIZING
THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; AND
CONTAINING VARIOUS PROVISIONS RELATED TO THE
FOREGOING SUBJECT. Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-96 - 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 ALVIN COMMUNITY
COLLEGE DISTRICT ("ACCD") TO OUTLINE THE
OBLIGATIONS OF ACCD AND THE CITY AS PARTICIPANTS
IN REINVESTMENT ZONE NUMBER TWO. Mr. Bill Eisen, City
Manager.
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4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1280 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A PORTION OF A CERTAIN FORTY-FOOT
(40') ROADWAY EASEMENT (SCOTT STREET) RECORDED
IN 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.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-102 - 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 NATIONAL SIGN PLAZAS, INC. FOR THE
DEVELOPMENT AND ADMINISTRATION OF A
COMPREHENSIVE BUILDER SIGN PROGRAM.
Mr. Nick Finan, Assistant City Manager.
6. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000T-1 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE TO
ADOPT A NEW SECTION 2.4.3.4, ENTITLED OT, OLD
TOWNSITE DISTRICT; HAVING A SAVINGS CLAUSE,
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-10 - 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, AT VARIOUS LOCATIONS
THROUGHOUT THE CITY, INITIATED BY THE CITY OF
PEARLAND, 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.
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8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-97 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE
ORDER ASSOCIATED WITH THE WEST MARY'S CREEK
DETENTION PROJECT. Mr. Bill Eisen, City Manager.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-99 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE FURNISHING, INSTALLATION
AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION
EQUIPMENT. Mr. Bill Eisen, City Manager.
10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-100 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
RENEWAL OF A PROJECT MANAGEMENT SERVICES
AGREEMENT WITH ESPA CORPORATION. Mr. Bill Eisen,
City Manager.
11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-98 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE ALICE
STREET CONNECTOR. 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 AND
CITY INFRASTRUCTURE. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
12. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS AND CITY INFRASTRUCTURE.
City Council.
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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.
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