2006-08-28 CITY COUNCIL MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
August 28,2006 7:30 p.m.
MAYOR
Tom Reid
Richard T etens
Mayor Pro Tem
Position 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 Lorfmg
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 AUGUST 28, 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 Payroll Week"
2. Presentation of the 2006 Commute Solutions Champion
Award from Houston Galveston Area Council.
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 August 14, 2006, Special Meeting held at
5:30 p.m.
2. Minutes of the August 14, 2006, Regular Meeting held at
7:30 p.m.
3. Minutes of the August 21, 2006, Special Meeting held at
6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-19 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
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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 1 A, 1 E, 1 D, AND 1 E1,
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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL 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
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.
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D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL 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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL 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
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THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD
93), AND APPROXIMATELY 800 FEET t\JORTH OF FM 518
(BROADWAY STREET)), (ZONE CHANGE APPLICATION NO.
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.
F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1290 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE A WATER
AND SEWER EASEMENT FOR THE CONSTRUCTION OF
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. Oarrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-136 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DESIGNATING THE
DIRECTOR OF FINANCE AND THE ASSISTANT DIRECTOR
OF FINANCE AS INVESTMENT OFFICERS AUTHORIZED TO
ENGAGE IN INVESTMENT TRANSACTIONS ON BEHALF OF
THE CITY. Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1291 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF
STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND (SOUTHDOWN @ SUSSEX TRAIL);
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
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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.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-134 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ADVANCED FUNDING AGREEMENT WITH THE STATE OF
TEXAS FOR THE DESIGN AND CONSTRUCTION OF THE SH
288 FRONTAGE ROADS. Mr. Mike Hodge, Assistant City
Manager.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-140 - 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. Mr. Mike Hodge, Assistant City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-132 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
PAYMENT TO CENTERPOINT ENERGY FOR THE
INSTALLATION OF DECORATIVE STREET LIGHTING
ALONG KIRBY DRIVE. Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-141 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AN
ASSIGNMENT AND ASSUMPTION AGREEMENT.
Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-129 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 34 OF APPROXIMATELY 73.397 ACRES OF
LAND. Mr. Oarrin Coker, City Attorney.
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6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-130 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
LETTER OF INTENT WITH SIEMENS BUILDING
TECHNOLOGIES, INC., FOR IMPLEMENTATION OF A
DETAILED ENERGY AUDIT AND ALLOWING FOR THE
CITY'S PARTICIPATION IN A PERFORMANCE
CONTRACTING PROGRAM. Mr. Mike Hodge, Assistant City
Manager.
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-131 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN
AMENDMENT TO THE ENGINEERING CONTRACT WITH S &
B INFRASTRUCTURE, LTD., FOR ENGINEERING SERVICES
ASSOCIATED WITH THE SH 35 WATER AND SANITARY
SEWER PROJECT. Mr. Bill Eisen, City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-137 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE
ORDER NO.5 ASSOCIATED WITH THE KIRBY DRIVE
EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-138 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
BAILEY ROADNETERANS DRIVE WATER LINE PROJECT.
Mr. Bill Eisen, City Manager.
10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-135 - 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 PSI, INC., FOR MATERIALS TESTING
SERVICES ASSOCIATED WITH THE BAILEY ROAD
EXTENSION PROJECT. Mr. Bill Eisen, City Manager.
11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-133 - 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 COBB FENDLEY,
INC., FOR ENGINEERING SERVICES ASSOCIATED WITH
THE MAGNOLIA ROAD EXPANSION PROJECT.
Mr. Bill Eisen, City Manager.
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12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-139 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING AN
INTERLOCAL AGREEMENT WITH FORT BEND COUNTY
FOR MUTUAL AID ASSISTANCE. Mr. Bill Eisen, City
Manager.
13. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1292 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A PORTION OF A CERTAIN TEN-FOOT (10')
SEWER EASEMENT 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.
Oarrin Coker, City Attorney.
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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