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2007-11-12 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND . CITY COUNCIL November 12,2007 7:30 p.m. MAYOR Tom Reid Steve Saboe Mayor Pro- Tem Position 3 COUNCIL MEMBERS Woody Owens Position No. 1 Helen Beckman Position No.2 Felicia Kyle Position No.4 Kevin Cole Position No.5 Nick Finan Assistant City Manager Bill Eisen City Manager Mike Hodge Assistant City Manager Darrin Coker City Attorney Young Lorfing City Secretary In accordance with the Texas Open Meeting Act the Agenda is posted for public information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive. AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 12, 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 BISHOP BRADSHAW PLEDGE OF ALLEGIANCE. III. MAYOR'S ACTIVITY REPORT 1. Presentation of Proclamation - "Association of Perioperative Nurse Week" 2. Presentation of Proclamation - "Pearland Indian Community Diwali Celebration 2007" 3. Recognition of Leadership Pearland 2008 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 July 16, 2007, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the October 15, 2007, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the October 22, 2007, Regular Meeting held at 7:30 p.m. Page 1 of 6 - 11/12/2007 3. Minutes of the October 29, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-177 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE HARRIS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-176 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE FORT BEND COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-175 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 2007. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE APPOINTMENT OF VICTORIA JONES TO SERVE IN POSITION NO.2 ON THE LIBRARY BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. IX. MA TIERS REMOVED FROM CONSENT AGENDA Page 2 of 6 - 11/12/2007 NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 (PO), 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. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 Page 3 of 6 - 11/12/2007 COMMERCIAL DISTRICT (GC) AND OFFICE AND PROFESSIONAL DISTRICT (OP) TO GENERAL BUSINESS 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. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD 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. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-174 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,500,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES Page 4 of 6 - 11/12/2007 AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A POLICY FOR THE USE OF SPECIAL DISTRICTS AND SPECIAL INCENTIVES. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST 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. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-179 - 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 FOR PREPARATION OF A COMPREHENSIVE WATER AND SEWER RATE MODEL. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE FM 1128 WATERLINE. 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: 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. Page 5 of 6 - 11/12/2007 XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Y ounq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 6 of 6 - 11/12/2007