2007-09-10 CITY COUNCIL REGULAR MEETING AGENDA
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, SEPTEMBER 10, 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 HAROLD GENTRY OF THE
PEARLAND MINISTERIAL ALLIANCE AND PLEDGE OF
ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
1. Recognition of the Employee of the Quarter, Melissa Golden,
Full-Time Animal Control.
2. Recognition of the Employee of the Quarter, Jason Cano,
Part-Time EMT.
3. Presentation of Proclamation "Leukemia and Lymphoma
Awareness Month"
4. Presentation of Proclamation "Adult Literacy Month"
5. Certificate of Appreciation to Municipal Court Administrator
Patricia Riffel and Assistant City Attorney II Lawrence
Provins
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.
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A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL
OF MINUTES:
1. Minutes of the August 20, 2007, Joint Public Hearing held
at 6:30 p.m.
2. Minutes of the August 27, 2007, Public Hearing (Budget)
held at 6:30 p.m.
3. Minutes of the August 27, 2007, Public Hearing (Tax Rate)
held at 6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1327 - AN
APPROPRIATION ORDINANCE ADOPTING A REVISED
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2006 AND ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER
30,2008. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1328 - AN
ORDINANCE LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY
OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR
2007. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 528-7 - AN
ORDINANCE OF THE CITY OF PEARLAND, TEXAS
AMENDING CHAPTER 6, ANIMALS AND FOWL, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN AMENDED FROM TIME TO TIME, BY ADDING
ARTICLE VII, ANIMAL SHEL TER ADVISORY COMMITTEE;
CREATING AN ANIMAL SHELTER ADVISORY COMMITTEE;
DEFINING THE COMMITTEE'S PURPOSE; ESTABLISHING
THE COMPOSITION OF THE COMMITTEE; AMENDING
SELECTED PROVISIONS OF ARTICLE IV AND ARTICLE V
OF CHAPTER 6 OF THE PEARLAND CODE OF
ORDINANCES; HAVING A SAVINGS CLAUSE;
SEVERABILITY CLAUSE; HAVING A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE AND FOR PUBLICATION.
Mr. Darrin Coker, City Attorney.
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E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-139 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING OFFERS
FOR THE PURCHASE OF CERTAIN REAL PROPERTY.
Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-141 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE PURCHASE OF TRAFFIC SIGNS AND RELATED
MATERIALS. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
MAYOR PRO-TEM STEVE SABOE'S ABSENCE FROM THE
SEPTEMBER 4, 2007, REGULAR COUNCIL MEETING.
City Council.
H. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE
SEPTEMBER 4, 2007, REGULAR COUNCIL MEETING.
City Council.
IX. MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-39 - 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 32.245
ACRES TOTAL; 12.080 ACRES OF LAND, LOCATED IN THE
J. CRAWLEY SURVEY, ABSTRACT 174, MORE
PARTICULARLY BEING A PART OF THAT CERTAIN CALLED
18.854 ACRE TRACT CONVEYED TO SHADOW CREEK
RANCH DEVELOPMENT COMPANY LIMITED
PARTNERSHIP, BY INSTRUMENT OF RECORD UNDER
DOCUMENT NO. 2005068215 AND 2005072254, AND ALL OF
THAT CERTAIN CALLED 6.2961 ACRE TRACT CONVEYED
TO SHADOW CREEK RANCH DEVELOPMENT COMPANY
LIMITED PARTNERSHIP, BY INSTRUMENT OF RECORD
UNDER FILE NO. 02-065730, OFFICIAL RECORDS OF
BRAZORIA COUNTY; AND 20.165 ACRES OF LAND,
LOCATED IN THE T.C.R.R. COMPANY SURVEY, SECTION 4,
ABSTRACT 675, AND THE WILLIAM MORRIS SURVEY,
ABSTRACT 344, BEING ALL OF THAT CALLED 20.0 ACRE
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TRACT DESCRIBED IN DEED TO SHADOW CREEK RANCH
DEVELOPMENT COMPANY, L.P., AND RECORDED IN FILE
NO. 03-007443 , OF THE OFFICIAL RECORDS OF BRAZORIA
COUNTY; ALL IN THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 288, SOUTH OF MEDICAL
CENTER DRIVE, AND NORTH OF BROADWAY STREET),
(ZONE CHANGE APPLICATION NO. 2007-11Z), FROM
GENERAL BUSINESS RETAIL DISTRICT (GB) AND
BUSINESS PARK DISTRICT - 288 (BP-288) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF
KERRY R. GILBERT AND ASSOCIATES, APPLICANT FOR
SHADOW CREEK RANCH DEVELOPMENT COMPANY,
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.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-37 - 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 1.700
ACRES OF LAND, BEING THE RESIDUE OF THAT CERTAIN
TRACT DESCRIBED IN VOLUME 716, PAGE 561, DEED
RECORDS, AND BEING PART OF BLOCK 17 OF THE
FIGLAND ORCHARD SUBDIVISION NO.1, ABSTRACT 240,
H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 3, PAGE 77, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF WAGON TRAIL ROAD, AND
APPROXIMATELY 900 FEET NORTH OF FITE ROAD), (ZONE
CHANGE APPLICATION NO. 2007-09Z), FROM SINGLE
FAMILY RESIDENTIAL - 2 DISTRICT (R-2) TO GENERAL
COMMERCIAL DISTRICT (GC), AT THE REQUEST OF
ASUNCION M. ESPARZA, 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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3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 943-14 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN,
OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR
PRESERVING A SENSE OF COMMUNITY,
ATTRACTIVENESS AND SAFETY IN PEARLAND;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan,
Assistant City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000-T-4 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SELECTED PROVISIONS OF THE
UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan,
Assistant City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-142 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
EXPENDITURE OF HOTEL/MOTEL TAX REVENUES FOR
THE PRODUCTION OF A HISTORIC DOCUMENTARY OF
THE CITY. Mr. Fred Welch, Executive Director of Economic
Development Corporation.
6. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 870-5 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING CHARGES FOR WATER AND SEWER
SERVICES FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 30, ARTICLE II, SECTION 30-35 AND SECTION 30-
38 OF THE CODE OF ORDINANCES; REPEALING
PREVIOUS WATER AND SEWER SERVICE RATE
SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION, AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
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7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-140 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING A
PARADE ROUTE FOR THE MAGNOLIA ELEMENTARY
SCHOOL PTA FUN RUN. Mr. J.C. Doyle, Police Chief
8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2007-138 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO SUBMIT A COST
SHARE APPLICATION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION. Mr. Jon Branson, Director of Parks and
Recreation.
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.
2. SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY - REGARDING ECONOMIC DEVELOPMENT
INCENTIVES. Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
9. CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. City Council.
10. CONSIDERATION AND POSSIBLE ACTION - REGARDING
ECONOMIC DEVELOPMENT INCENTIVES. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
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