2008-12-08 7:00 PM CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, DECEMBER 8, 2008, AT
7:00 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT
THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Events attended and upcoming events.
2. Recognition of the Employee of the Quarter, Irene Montoya,
Senior Center Shuttle Bus Driver, Parks and Recreation.
3. Recognition of Part-Time Employee of the Year, Daniel
Rodriguez, Part-Time Ball Field Attendant, Parks and
Recreation Department.
4. Recognition of Employee of the Year, Theresa Gill, Computer
Technician, Information Technology, and Paul Yeates, Network
Administrator, Information Technology.
IV. COUNCIL ACTIVITY REPORTS
1 . Events attended and upcoming events.
V. CITY MANAGER'S REPORT
1 . Events attended and upcoming events.
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 24, 2008, Regular Meeting held
at 7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-25 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT
CERTAIN TRACT OR PARCEL OF LAND CONTAINING
TRACT 1 WITH 15.0373 ACRES OUT OF KANAWHA-TEXAS
COMPANY SUBDIVISION OF SECTIONS 18 & 22 (VOL. 2, PG
51 B.C.P.R) AND SECTION 18 H.T. & B. R.R. CO. SURVEY, A-
547, HOUSTON, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF PROPOSED MAGNOLIA
ROAD AND EAST SIDE OF FM 1128 (MANVEL ROAD),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
25), TO PERMIT HOSPITAL FACILITY IN OFFICE
PROFESSIONAL (OP) ZONE), AT THE REQUEST OF MIKE
POLLACK, APPLICANT FOR SIGNATURE EUBANKS,
OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE LAND USE INURES TO THE BENEFIT OF THE
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Mike Hodge, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1372 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER 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.
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D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1371 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER 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.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000M-58 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A ZONE CHANGE FOR
CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT
OR PARCEL OF LAND CONTAINING TRACT 1 WITH 15.0373
ACRES AND TRACT 3 WITH 13.0933 ACRES OUT OF
KANAWHA-TEXAS COMPANY SUBDIVISION OF SECTIONS
18 & 22 (VOL. 2, PG 51 B.C.P.R) AND SECTION 18 H.T. & B.
R.R. CO. SURVEY, A-547, HOUSTON, HARRIS COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH AND
NORTH SIDE OF PROPOSED MAGNOLIA ROAD AND EAST
SIDE OF FM 1128 (MANVEL ROAD), (ZONE CHANGE
APPLICATION NO. 16Z), FOR APPROVAL OF A CHANGE IN
ZONING DISTRICT FROM CLASSIFICATION TOWNHOUSE
RESIDENTIAL DISTRICT (TH) TO GENERAL BUSINESS
RETAIL DISTRICT (GB) FOR 13.0933 ACRES LOCATED
SOUTH OF PROPOSED MAGNOLIA ROAD, AND OFFICE
PROFESSIONAL (OP) WITH A CONDITIONAL USE PERMIT
(CUP) TO PERMIT A HOSPITAL FACILITY FOR 15.0375
ACRES LOCATED NORTH OF PROPOSED MAGNOLIA
ROAD, AT THE REQUEST OF MIKE POLLACK, APPLICANT
FOR SIGNATURE EUBANKS, OWNER, CONTAINING A
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SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE
OF THE CITIZENRY. Mr. Mike Hodge, Assistant City Manager.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-158 — 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 LINEBARGER, GOGGAN, BLAIR, &
SAMPSON, LLP FOR COLLECTION SERVICES ASSOCIATED
WITH DELINQUENT FINES AND FEES. Mr. Darrin Coker, City
Attorney.
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-163 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
CITY FACILITIES RESTORATION PROJECT.
Mr. Trent Epperson, Project Director.
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-161 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE
ORDER NO. 1 ASSOCIATED WITH THE CITY FACILITIES
RESTORATION PROJECT. Mr. Trent Epperson, Project
Director.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-154 — 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.
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-159 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT THE
INTERSECTION OF SOUTHFORK DRIVE AND COUNTY
ROADS 90 AND 94. Mr. Trent Epperson, Project Director.
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7. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1358-1 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1358, TO
INCLUDE THE CITY'S PARKS AND RECREATION FEE
SCHEDULE; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR AN EMERGENCY; PROVIDING FOR
PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-157 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR MATERIAL TESTING SERVICES
ASSOCIATED WITH THE PUBLIC SAFETY BUILDING
PROJECT. Mr. Trent Epperson, Project Director.
9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-156 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE ORANGE
STREET/TOWN DITCH PROJECT. Mr. Trent Epperson,
Project Director.
10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-155 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
UTILITY RELOCATION AGREEMENT ASSOCIATED WITH
THE ORANGE STREET PROJECT. Mr. Trent Epperson,
Project Director.
11. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 716-1 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 21, OIL AND GAS, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW
ARTICLE IV, ENTITLED GEOPHYSICAL/ SEISMIC TESTING;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
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12. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-160 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
KNAPP ROAD/BOBBY STREET SANITARY SEWER
REHABILITATION PROJECT. Mr. Danny Cameron, Public
Works Director.
13. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-162 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
ADDITIONAL REIMBURSEMENT OF FUNDS ASSOCIATED
WITH THE INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF SHADOW CREEK PARKWAY AND
BUSINESS CENTER DRIVE. Mr. Narciso Lira, City Engineer.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-412-8101 prior to the meeting so that appropriate
arrangements can be made.
I, Young Lorfing, 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 4t day of December 2008, at 6:00 p.m.
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Agenda removed / day of December 2008.
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