2009-02-09 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 9, 2009, AT
7:30 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT
THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE,
PEARLAND. TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Events attended and upcoming events.
IV. COUNCIL ACTIVITY REPORTS
1. Events attended and upcoming events.
V. CITY MANAGER'S REPORT
1. Events attended and upcoming events.
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 January 19, 2008, Special Meeting held at
6:00 p.m.
2. Minutes of the January 19, 2009, Joint Public Hearings
held at 6:30 p.m.
3. Minutes of the January 26, 2009, Public Hearing held at
6:30 p.m.
4. Minutes of the January 26, 2009, Regular Meeting held at
7:30 p.m.
SC
FFR 0 9 2009 Page 1 of 7 - 2/9/2009
CITY SECRETARY
OFFICE
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 1376 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, SUPPORTING THE CITY'S
PARTICIPATION IN THE TEXAS ENTERPRISE ZONE
PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE
ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT),
DESIGNATING A LIAISON FOR COMMUNICATION WITH
INTERESTED PARTIES, AND NOMINATING NEELA, INC. TO
THE OFFICE OF THE GOVERNOR ECONOMIC
DEVELOPMENT & TOURISM (EDT) THROUGH THE
ECONOMIC DEVELOPMENT BANK (BANK) AS AN
ENTERPRISE PROJECT (PROJECT). Mr Kyler Cole, Old
Townsite ED Coordinator.
C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 1375 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, RENAMING SPECTRUM BLVD AS
WATERLIGHTS PARKWAY; CONTAINING A REPEALER
CLAUSE. Mr. Narciso Lira, City Engineer.
D. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-18 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING
DECEMBER 2008. Mr. Bill Eisen, City Manager.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-21 - A RESOLUTION AND ORDER OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING
THE HOLDING OF A GENERAL ELECTION TO BE HELD ON
SATURDAY, MAY 9, 2009, FOR THE PURPOSE OF
ELECTING COUNCILMEMBERS POSITION NO. 2 AND
POSITION NO. 4 OF THE CITY OF PEARLAND CITY
COUNCIL. Mr. Young Lorfing, City Secretary.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-60 - 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, 6.5953 ACRES LOCATED IN
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THE H.T & B.R.R. CO. SURVEY., ABSTRACT 232, IN THE
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS AS
SHOWN ON THE AMENDING PLAT OF MYKAWA
INVESTMENTS CLERK'S FILE NO. 97-016096 B.C.C.O;
REMAINDER OF A 12.00 ACRES THIRD COAST PACKAGING
INC. CLERK'S FILE NO. 97-016096 B.C.C.O.; AND 2.9125
ACRES THIRD COAST PACKAGING, INC. CLERK'S FILE NO.
00 022591 B.C.C.O., LOCATED ON 1871 MYKAWA ROAD,
(ZONE CHANGE APPLICATION NO. 2009-01Z), FROM
CLASSIFICATION HEAVY INDUSTRIAL (M-2) TO PLANNED
DEVELOPMENT (PD), AT THE REQUEST OF STEPHEN
ENGBROCK, APPLICANT FOR THIRD COAST PACKAGING,
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. Mike Hodge, Assistant City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-61 - 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, 26.34 ACRES OF LAND, BEING
PARTS OF AND THE NORTH HALF OF LOT 44 AND ALL OF
LOT 49 OF ZYCHLINSKI'S SUBDIVISION IN THE HT&B RR
CO. SURVEY, SECTION 3, ABSTRACT 232, AND R.B LYLE
SURVEY, ABSTRACT 542, IN THE BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH
35 (NORTH MAIN STREET), AND ON THE SOUTH SIDE OF
MCHARD ROAD), (ZONE CHANGE APPLICATION NO. 2009-
02Z), FROM CLASSIFICATION HEAVY INDUSTRIAL (M-1) TO
PLANNED DEVELOPMENT (PD), AT THE REQUEST OF
JUNG KWAK, APPLICANT FOR MONTALBANO LUMBER CO.
INC., 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. Mike Hodge, Assistant City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000-T-10 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SELECTED PROVISIONS OF THE
UNIFIED DEVELOPMENT CODE OF THE CITY,
SPECIFICALLY REGARDING PLATTING FOR SINGLE
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FAMILY LOTS WITH EXISTING STRUCTURES; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge,
Assistant City Manager.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 2009-23 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS SUPPORTING AND
CONSENTING TO CREATION OF COUNTRY PLACE
MANAGEMENT DISTRICT. Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1377 - 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 545.356, TEXAS TRANSPORTATION
CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND
(MCHARD ROAD), AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY. Mr. Danny Cameron, Director of Public Works.
7. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1378 - 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 545.356, TEXAS TRANSPORTATION
CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND
(PEARLAND PARKWAY), AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY. Mr. Danny Cameron, Director of Public Works.
8. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1379 - 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 545.356, TEXAS TRANSPORTATION
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CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND
(SCARSDALE BLVD.), AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY. Mr. Danny Cameron, Director of Public Works.
9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-19 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
MAGNOLIA EXPANSION PROJECT (PHASE 2).
Mr. Trent Epperson, Project Director.
10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-22 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING A
CONTRACT AMENDMENT ASSOCIATED WITH THE
MAGNOLIA ROAD EXPANSION PROJECT (PHASE 2).
Mr. Trent Epperson, Project Director.
11. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-20 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MATERIAL TESTING
SERVICES ASSOCIATED WITH THE MAGNOLIA
EXPANSION PROJECT (PHASE 2). Mr. Trent Epperson,
Project Director.
12. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1380 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF
TRAFFIC SIGNS WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND
FOR CODIFICATION; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ESTABLISH TRAFFIC SIGNS
INURES TO THE BENEFIT OF THE TRAVELING PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
Mr. Danny Cameron, Director of Public Works.
Page 5 of 7 - 2/9/2009
13. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-24 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING A
BALANCING CHANGE ORDER ASSOCIATED WITH THE
MAGNOLIA EXPANSION PROJECT (HARKEY ROAD TO
VETERANS DRIVE). 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 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING PENDING AND
POTENTIAL LITIGATION ASSOCIATED WITH CODE
VIOLATIONS. Mr. Darrin Coker, City Attomey.
3. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING PENDING AND
POTENTIAL LITIGATION ASSOCIATED WITH OTHON,
INC. 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
CODE VIOLATIONS. City Council.
16. CONSIDERATION AND POSSIBLE ACTION -REGARDING
PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH
OTHON, INC. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-412-8101 prior to the meeting so that appropriate
arrangements can be made.
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I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that
the fore~oing agenda was posted in a place convenient to the general public at City Hall
on the 4 n day of February 2009, at 5:30 p.m.
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Agenda removed day of February 2009.
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