2007-08-27 CITY COUNCIL REGULAR MEETING AGENDA
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, AUGUST 27, 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 JIM GILL AND PLEDGE OF
ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Recognition of the Employee of the Quarter, Jason Cano,
Part-Time EMT.
2. Presentation of Proclamation proclaiming "National Payroll
Week."
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 August 13, 2007, Public Hearing held at
6:30 p.m.
2. Minutes of the August 13, 2007, Special Meeting held at
7:30 p.m.
3. Minutes of the August 13, 2007, Regular Meeting held at
7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1326 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, FINDING THAT THE CITY HAS
ESTABLISHED GUIDELINES AND CRITERIA FOR
GRANTING TAX ABA TEMENT PURSUANT TO RESOLUTION
NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT
ZONE #17), IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING
THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO
BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT
AGREEMENT; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Fred Welch, Executive Director of Economic Development.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-36 - 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 10.00
ACRES OF LAND, ABSTRACT 242, H.T. & B.R.R. COMPANY
SURVEY, TRACT 1A5, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF OLD CHOCOLATE BAYOU ROAD, AND
APPROXIMATELY 1,300 FEET SOUTH OF FM 518
(BROADWAY STREET)), (ZONE CHANGE APPLICATION NO.
2007-08Z), FROM GENERAL BUSINESS RETAIL DISTRICT
(GB) AND SINGLE FAMILY RESIDENtiAL - 1 DISTRICT (R-1)
TO GENERAL COMMERCIAL DISTRICT (GC), AT THE
REQUEST OF DOMODAR BA TTU, APPLICANT FOR KUBERA
INVESTMENTS PARTNERSHIP, 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 - RESOLUTION
NO. R2007-131 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING THE
REGULAR MEETING TIMES AND DATES FOR SEPTEMBER
2007 TO ENSURE COMPLIANCE WITH STATUTORY
BUDGETARY TIMELlNES. Mr. Darrin Coker, City Attorney.
IX. MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-135 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ELECTION SERVICES AGREEMENT WITH BRAZORIA
COUNTY. Mr. Young Lorfing, City Secretary.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-136 - A RESOLUTION ORDERING A SPECIAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007,
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY OF PEARLAND, TEXAS, AN
INITIATIVE FOR THE REGULATION OF SMOKING IN PUBLIC
PLACES. Mr. Young Lorfing, City Secretary.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 543-6 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 32 OF THE CITY OF PEARLAND
CODE OF ORDINANCES, TAXICABS, MODIFYING
REQUIREMENTS FOR THE OPERATION OF TAXICABS
WITHIN THE CITY; REVISING FARES AND FEES;
PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-134 - 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 ARCHITECTURAL DESIGN SERVICES
ASSOCIATED WITH THE ANIMAL CONTROL SHELTER
RENOVATION AND EXPANSION PROJECT.
M~ TrentEpperson,Pr0ectDffecro~
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5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-105 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CHANGE ORDER ASSOCIATED WITH THE DIXIE FARM
ROAD EXPANSION PROJECT. Mr. Trent Epperson, Project
Director.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-132 - 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 SH 35 DETENTION PROJECT.
M~ TrentEpperson,Pr~ectDffecro~
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-133 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
CONTRACTS FOR LAND ACQUISITION AND APPRAISAL
SERVICES ASSOCIATED WITH THE COWART CREEK
DIVERSION PROJECT. Mr. Trent Epperson, Project Director.
8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1210-1 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 23, PLUMBING
AND GAS, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND SECTION 23-1.1 ENTITLED
LOCAL AMENDMENTS, AND TO ADD A NEW SECTION 23-2,
TO BE ENTITLED OFFENSES AND PENALTIES; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE THE
DISCHARGE OF FAT, OIL AND GREASE INTO THE CITY'S
SANITARY SEWER SYSTEM INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Danny Cameron, Director of Public Works.
9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-137 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
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CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR ENVIRONMENTAL SERVICES
ASSOCIATED WITH THE BARRY ROSE EXTENSION
PROJECT. Mr. Trent Epperson, Project Director.
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 - CITY FACILITIES.
Mr. Darrin Coker, City Attorney.
3. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH LAND USE. 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 FACILITIES. City Council.
12. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH LAND USE.
City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Younq Lorfina at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
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