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2008-04-07 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 7, 2008, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:57 p.m. with the following present: Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Mayor Pro -Tem Steve Saboe. Tom Reid Woody Owens Helen Beckman Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Assistant City Manager Mike Hodge. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-12 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 5.00 ACRES, BEING PART OF LOTS 78 AND 79, OF THE FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND APPROXIMATELY 700 FEET NORTH OF FITE ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-12), TO ALLOW FOR A "CHURCH" FACILITY IN THE NEIGHBORHOOD SERVICE DISTRICT (NS); AT THE REQUEST OF VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND, APPLICANT FOR MASSOUD MOTAMEDI, 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. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 2000CUP-12 on its first and only reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2008- 12. Page 1 of 4 — 4/7/2008 City Manager Bill Eisen stated this item is a Conditional Use Permit that was unanimously approved by the Planning and Zoning Commission. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2008-52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE TASB BUYBOARD AND THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF VEHICLES. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2008-52. City Manager Bill Eisen stated this item relates to the purchase of five diesel trucks for use in various City departments. This item was originally considered but delayed to attempt to receive grant funding for the purchase. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2008-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 17 ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Trent Epperson, Project Director. No action taken by Council. Item passed to a future agenda. COUNCIL ACTION — RESOLUTION NO. R2008-50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE OLD TOWNSITE DRAINAGE IMPROVEMENT PROJECT. Mr. Narciso Lira, City Engineer. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Page 2 of 4 — 4/7/2008 Resolution No. R2008-50. City Manager Bill Eisen stated Council indicated to Staff, a desire to work in several areas including infrastructure. This is one of the steps in the process and we will retain an Engineering firm to design specific improvements to relieve flood conditions in the northeast quadrant of the Old Townsite. The proposed agreement is with LJA Engineering and Surveying, Inc. and the total agreement cost is $136,040. Brief discussion ensued between Council and Assistant City Manager Mike Hodge regarding the project. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2008-51 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE COWARTS CREEK DIVERSION PROJECT. Mr. Narciso Lira, City Engineer. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2008-51. City Manager Bill Eisen stated the design for the Cowarts Creek Diversion is almost complete. The project will result in significant reductions in the floodplain area and flood elevations along Cowarts Creek and Bailey Road. For new floodplain maps to be produced and FEMA to recognize the changes, the City must produce specific modeling to show what changes were made. This item is an Engineering Contract with Dannenbaum Engineering Corporation to complete the study and produce a report. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. OTHER BUSINESS: Page 3 of 4 — 4/7/2008 Council adjourned into Executive Session under Texas Government Code at 9:14 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND LAND USE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:50 p.m. COUNCIL ACTION - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND LAND USE. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:51 p.m. Minutes approved as submitted and/or corrected this the 28th day of April, A.D., 2008. Z;;7- Tom Reid Mayor ATTEST: 'i t� Ti� ' Page 4 of 4 - 4/7/2008