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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. Page 1 of 8 - 2/25/2008 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. Page 2 of 8 - 2/25/2008 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. & Page 3 of 8 - 2/25/2008 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 Page 4 of 8 - 2/25/2008 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. Page 5 of 8 - 2/25/2008 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. ~t a ~,y~~ ~ ~~~`~ ~h. $ `s i~ L ,~~ Y ng Lo C ' y Secr ry Agenda removed day of February 2008. Page 8 of 8 - 2/25/2008