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2007-03-26 CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA ADDED NEW BUSINESS ITEMS NO.9 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 26, 2007, 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. Recognition of the Employee of the Quarter, Nell Mathis, Delinquent Account Specialist, Utility Billing Services. 2. Recognition of the Government Finance Officers Association (GFOA) Award for Excellence in Financial Reporting for FY 2005. 3. Recognition of the Parks and Recreation Department for one regional award and three state awards for demonstrating leadership in providing high quality programs and services from the Regional Texas Recreation and Parks Society (TRAPS). 4. Presentation of Senate Resolution No. 353 and House Bill No. 605 to the City, Chamber and Leadership Pearland. 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. Page 1 of 6 - 3/26/2007 A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the March 12, 2007, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 2000M-31 - 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 5.00 ACRES OF LAND, MORE OR LESS, BEING THE EAST 5.00 ACRES OF LOT 56 OF THE ALLISON RICHEY GULF COAST COMPANY SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 59, AND ON THE WEST SIDE OF FUTURE KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2007-02Z), FROM SINGLE FAMILY ESTATE DISTRICT (RE) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF JULIO LYBRAND, APPLICANT FOR JAMES AND DEBORA BAILEY, 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-32 - 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 15.991 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 19, ABSTRACT 234, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF CULLEN BOULEVARD, AND APPROXIMATELY 800 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2007-03Z), FROM CULLEN MIXED USE DISTRICT (C-MU) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE Page 2 of 6 - 3/26/2007 REQUEST OF THE CITY OF PEARLAND, 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. 374-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 31, WRECKER SERVICE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, TO AMEND SECTION 31-18, ENTITLED AUTHORIZA nON BY PERSON(S) OTHER THAN THE OWNER TO PICK UP AND TOW VEHICLE, REPORT TO POLICE DEPARTMENT REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FINAL REPORT OF THE CITY'S 2007 ANNUAL STRATEGIC PLANNING RETREAT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 2007, DUE TO THE MEMORIAL DAY HOLIDAY. Mr. Darrin Coker, City Attorney. IX. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE RESOLUTION NO. R2007-39. City Council. 1A. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE MERGER OF WALKER WATER WORKS, INC. INTO TEXAS AMERICAN WATER COMPANY. Mr. Darrin Coker, City Attorney. Page 3 of 6 - 3/26/2007 2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH TEXAS HONING, INC. AND W & N ENTERPRISES; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT MEET THE REQUIRE- MENTS OF CHAPTER 312 OF THE TAX CODE, V.AT.S. AS AMENDED, ORDINANCE NO. 1320, ESTABLISHING REINVESTMENT ZONE #16, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2006-121. Mr. Darrin Coker, City Attorney. 3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR PROGRAM ADMINISTRATION SERVICES ASSOCIATED WITH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD SEWER IMPROVEMENTS (SEGMENT 4). Mr. Trent Epperson, Projects Director. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-45 - A RESOLUTION DECLARING THE INTENT OF THE CITY OF PEARLAND, TEXAS TO PARTICIPATE IN PROJECT STARS AS SPONSORED BY THE ECONOMIC ALLIANCE HOUSTON PORT REGION BY ENDORSING CONCEPTUAL GOALS AND OBJECTIVES REGARDING THE DEVELOPMENT OF MUTUALLY BENEFICIAL CORRIDOR STANDARDS, TO PARTICIPATE IN A GOVERNANCE STRUCTURE TO BE KNOWN AS THE PROJECT STARS TECHNICAL ADVISORY COMMITTEE, AND TO APPOINT A REPRESENTATIVE TO SAID COMMITTEE. Ms. Lata Krishnarao, Planning Director. Page 4 of 6 - 3/26/2007 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REJECTING ALL BIDS FOR THE KNAPP CENTER PARKING LOT. Mr. Jon Branson, Parks and Recreation Director. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-47 - 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 THE PUBLIC EMPLOYEE BENEFITS ALLIANCE. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT CONTINUING RESOLUTION FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR FISCAL YEAR 2007. Mr. Bill Eisen, City Manager; AND RESOLUTION NO. R2007-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2008. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-53 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING LEGISLATION CREATING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 509. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. Page 5 of 6 - 3/26/2007 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ENVIRONMENTAL ISSUES. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: 10. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. 11. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. 12. ,CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ENVIRONMENTAL ISSUES. City Council. 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. Page 6 of 6 - 3/26/2007