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2007-11-26 CITY COUNCIL REGULAR MEETING AGENDA AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 26,2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION GIVEN BY PASTOR MIKE HOGG PLEDGE OF ALLEGIANCE. III. MAYOR'S ACTIVITY REPORT 1. Recognition of the Part-Time Employee of the Quarter, Keith Schoenberg, EMT. 2. Recognition of Full-Time Employee of the Quarter, Eric Hammond, Parks Supervisor. 3. Recognition of Employee of the Year, Colene Cabezas, Special Events Coordinator. 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 - APPROVAL OF MINUTES: 1. Minutes of the November 5, 2007, Special Meeting held at 6:00 p.m. 2. Minutes of the November 12, 2007, Regular Meeting held at 7:30 p.m. Page 1 of 6 - 11/26/2007 B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 2000M-42 - 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 20.00 ACRES OF LAND, BEING LOT 45 AND LOT 46, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT 243, H.T. & B.R.R. COMPANY SURVEY, AS RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ZAPALAC ROAD, AND APPROXIMATELY 1,000 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2007-14Z), FROM SUBURBAN RESIDENTIAL - 12 DISTRICT (SR-12) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF BONNIE AND JANICE HOWARD, APPLICANT FOR JOHN AARON AND KATHRYN HOWELL, OWNERS, 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-41 - 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 2.998 ACRE TRACT OF LAND BEING OUT OF TRACT 112, OF SECTION 1, OF THE A.C. H. & B. SURVEY, ABSTRACT 147, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 1 OF THE BRAZORIA COUNTY PLAT RECORDS, SAID 2.998 ACRE TRACT OF LAND BEING THE SAME 3.00 ACRE TRACT DESCRIBED IN BRAZORIA COUNTY CLERK'S FILE NO. 2004-039416, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT STREET, AND ON THE WEST SIDE OF OLD ALVIN ROAD), (ZONE CHANGE APPLICATION NO. 2007-15Z), FROM GENERAL COMMERCIAL DISTRICT (GC) AND OFFICE AND PROFESSIONAL DISTRICT (OP) TO GENERAL BUSINESS Page 2 of 6 - 11/26/2007 DISTRICT (GB), AT THE REQUEST OF SANFORD FRANKEL, APPLICANT FOR PAT BARCELO, 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 2000M-43 - 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 142.9664 ACRES OF LAND OUT OF PEARLAND TOWN CENTER, A SUBDIVISION OF 143.6500 ACRES AS RECORDED UNDER FILE NUMBER 2007008914 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, ON THE EAST SIDE OF KIRBY DRIVE, AND ON THE WEST SIDE OF BUSINESS CENTER DRIVE), (ZONE CHANGE APPLICATION NO. 2007-16Z), FROM PLANNED DEVELOPMENT DISTRICT (PO) TO PLANNED DEVELOPMENT DISTRICT (PO), AN AMENDMENT TO THE EXISTING PO FOR PEARLAND TOWN CENTER, AT THE REQUEST OF PEARLAND TOWN CENTER LIMITED PARTNERSHIP, OWNERS, 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. 1329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF APPROXIMATELY 69.1509 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Page 3 of 6 - 11/26/2007 F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1331 - 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 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. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007.190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SUPPLEMENT AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.4. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007.193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2007, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. IX. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007.184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE UNIVERSITY OF HOUSTON- PEARLAND CAMPUS. Mr. Trent Epperson, Project Director. Page 4 of 6 - 11/26/2007 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1332 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 OF APPROXIMATELY 18.570 ACRES OF LAND. Mr. Darrin Coker, City Attorney. 3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-189 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE MANUFACTURING OF A PEDESTRIAN BRIDGE (ALEXANDER MIDDLE SCHOOUOLD ALVIN ROAD). Mr. Danny Cameron, Director of Public Works. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-187 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF CENTENNIAL PARK (PHASE I). M~ TrentEpperson,Pr~ectDffecro~ 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-188 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES ASSOCIATED WITH THE PHASE I OF THE TRAIL CONNECTIVITY PROJECT. Mr. Trent Epperson, Project Director. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-185 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A STIPULATED SUM DESIGN BUILD CONTRACT. Mr. Trent Epperson, Project Director. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-194 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PARADE ROUTE REQUEST FOR THE PEARLAND YMCA. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER ASSOCIATED WITH THE DIXIE FARM ROAD DETENTION PONDS. Mr. Trent Epperson, Project Director. Page 5 of 6 - 11/26/2007 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-186 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE MAGNOLIA PROJECT (PHASE II). Mr. Trent Epperson, Project Director. 1 O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE EAST MARY'S CREEK REGIONAL DETENTION POND. Mr. Trent Epperson, Project Director. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS CONTINUED: 11. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Youna Lorfina at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 6 of 6 - 11/26/2007