2008-02-25 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 25, 2008, 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 KEITH ANDERSON PLEDGE
OF ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
1. Recognition of the Employee of the Quarter, Sherry Bowlin,
Office Coordinator, Public Works.
2. Presentation of $25,000 from the Pearland Rotary Club to go
toward the Water Play Feature at Centennial Park.
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 February 4, 2008, Special Meeting held at
6:00 p.m.
2. Minutes of the February 11, 2008 Public Hearing held at
6:30 p.m.
3. Minutes of the February 11, 2008, Regular Meeting held at
7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-45 - 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 0.550
ACRES OF LAND, LOT 1 L, OUT OF THE NORTHWEST ONE-
FOURTH OF THE H.T. & B.R.R. COMPANY SURVEY,
SECTION 11, ABSTRACT 239, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE SOUTH SIDE OF WALNUT STREET, AND
APPROXIMATELY 100 FEET EAST OF MCLEAN ROAD),
(ZONE CHANGE APPLICATION NO. 2008-02Z), FROM
SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2) TO
OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE
REQUEST OF SONYA ANN DARE, 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.
C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 1339 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, FINDING THAT THE CITY HAS
ESTABLISHED GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT
ZONE #19), 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; AUTHORIZING THE CITY MANAGER TO SIGN
TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Greg Albritton, Director of Business Development.
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D. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 1340 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF ARTICLE 6701 D, VERNON'S TEXAS CIVIL
STATUTES, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET
OUT IN THIS ORDINANCE, AND PROVIDING A PENALTY.
Mr. Danny Cameron, Director of Public Works.
E. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
COUNCILMEMBER WOODY OWENS' ABSENCE FROM THE
FEBRUARY 11, 2008, REGULAR COUNCIL MEETING.
City Council.
F. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-32 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CONVEYING A UTILITY
EASEMENT ASSOCIATED WITH THE MAGNOLIA PROJECT.
Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-28 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED
INVESTMENT POLICY, INVESTMENT STRATEGY AND
APPROVED BROKERS IN ACCORDANCE WITH CHAPTER
2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS
INVESTMENT ACT"). Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-35 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE
ORDER NO. 9 ASSOCIATED WITH THE MELVIN KNAPP
SENIOR CENTER PROJECT. Mr. Trent Epperson, Project
Director.
I. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY ORDINANCE NO. 2000CUP-6 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 2.389 ACRES OF
LAND OUT OF LOT 59, OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION OF THE H.T. &
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B.R.R. COMPANY SURVEY NUMBER 20 (F.B. DRAKE),
ABSTRACT 506, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF
CULLEN BOULEVARD, AND APPROXIMATELY 750 FEET
NORTH OF FM 518 (BROADWAY STREET)), (CONDITIONAL
USE PERMIT APPLICATION NO. CUP2008-08), TO ALLOW A
"LANGUAGE/LEARNING CENTER" FACILITY IN THE CULLEN
MIXED USE DISTRICT (C-MU); AT THE REQUEST OF JULIE
LESAGE, APPLICANT FOR JUNG H. KWAK, 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.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-27 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT AS
PREPARED BY THE ACCOUNTING FIRM OF NULL-
LAIRSON. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-26 - 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 CITY OF BAYTOWN
FOR PARTICIPATION IN A SANITARY SEWER
REHABILITATION CONTRACT. Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 110-I - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ARTICLE VII, ELECTRICAL
CODE, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND SECTION 9-157(a) and (c)
ENTITLED WIRING GENERALLY; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
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CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE THE USE OF
METALLIC CLAD (MC) CABLES IN THE CITY'S WIRING
SYSTEM INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE LIFE SAFETY
AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City
Attorney.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-25 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN
ADVANCED FUNDING AGREEMENT WITH THE STATE OF
TEXAS FOR THE CULLEN PARKWAY IMPROVEMENT
PROJECT. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-21 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES AND
APPROPRIATING FUNDS ASSOCIATED WITH THE CULLEN
PARKWAY IMPROVEMENT PROJECT. Mr. Trent Epperson,
Project Director.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-29 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
PRICE SUPPLY CONTRACT FOR MOTOR FUEL.
Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-30 - 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 HOUSTON- GALVESTON
AREA COUNCIL FOR THE PURCHASE OF LIDAR
(ELEVATION) DATA. Mr. Trent Epperson, Project Director.
8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-33 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
GREEN TEE LIFT STATION. Mr. Danny Cameron, Director of
Public Works.
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9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-31 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
OVERPASS AGREEMENT WITH THE BNSF RAILWAY
COMPANY (MAGNOLIA-PHASE II). Mr. Trent Epperson,
Project Director.
10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-8 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE DIXIE
FARM ROAD PROJECT (PHASE II). Mr. Trent Epperson,
Project Director.
11. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-37 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO
PROVIDE AN ECONOMIC INCENTIVE GRANT TO BRASK
NEELY COMPANY. Mr. Fred Welch, Executive Director of
Economic Development Corporation.
12. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-36 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO
PROVIDE A TRAINING GRANT TO THE NORTHERN
BRAZORIA COUNTY EDUCATION ALLIANCE. Mr. Fred
Welch, Executive Director of Economic Development
Corporation.
13. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-5 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING LOT 6 OF JOHNSTON SUBDIVISION, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY
STREET), AND APPROXIMATELY 600 FEET EAST OF
HARKEY ROAD), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-04), TO ALLOW A "GAMING
ESTABLISHMENT" FACILITY IN THE GENERAL
COMMERCIAL DISTRICT (GC); AT THE REQUEST OF
THOMAS L. TONEY, APPLICANT FOR CELALETTIN DEMIR,
Page 6 of 8 - 2/25/2008
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 WEi_FARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Manager.
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 551.071 - 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:
14. CONSIDERATION AND POSSIBLE ACTION -REGARDING
ECONOMIC DEVELOPMENT INCENTIVES. City Council.
15. CONSIDERATION AND POSSIBLE ACTION -REGARDING
PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH
THE BLUE RIDGE LANDFILL AND LAND USE. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made
Page 7 of 8 - 2/25/2008
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 20t" day of February 2008, at 5:30 p.m.
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Agenda removed day of February 2008.
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