2008-02-11 CITY COUNCIL MEETING AGENDA
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 11, 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 JIM GILL PLEDGE OF
ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
1 . Mayor's presentation of Certificates of Recognition to the City
of Pearland Fire Lieutenant Charles Villegas, Firefighter Jacob
Johnson, Firefighter Chris Perez and Firefighter Eric Potts for
demonstrating the highest level of Professionalism and Valor.
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 January 21, 2008, Special Meeting held at
6:00 p.m.
2. Minutes of the January 21, 2008 Joint Public Hearing held
at 6:30 p.m.
3. Minutes of the January 28, 2008, Regular Meeting held at
7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING 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,
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.
C. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-4 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 0.86 ACRES OF LAND, OUT OF A 9.6809 ACRE
TRACT, BEING ALL THE LAND REMAINING UNSOLD OUT
OF THAT CERTAIN 13.892 ACRE TRACT OF LAND
DESCRIBED IN VOLUME 636, PAGE 695, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN
THE A.C.H. & B. SURVEY, ABSTRACT 416, AND THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 292, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET),
AND ON THE NORTH SIDE OF HASTINGS CANNON ROAD
(CR 128)), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-03), TO ALLOW A "GAMING ESTABLISHMENT"
FACILITY IN THE GENERAL COMMERCIAL DISTRICT (GC);
AT THE REQUEST OF BETTY JONES, APPLICANT FOR S.
KEVIN PRICE, 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
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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.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-19 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF POLICE AND FIRE VEHICLE
EQUIPMENT. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1341 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE
IMPROVEMENTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY,
OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS
THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-17 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING
DECEMBER 2007. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-22 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
ELECTION SERVICES AGREEMENT WITH BRAZORIA
COUNTY. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
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1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-20 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A DESIGN
BUILD CONTRACT FOR CONSTRUCTION OF THE PUBLIC
SAFETY BUILDING. Mr. Trent Epperson, Project Director.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-24 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
INSTALLATION OF AN AQUATIC PLAYGROUND AT THE
CENTENNIAL PARK. Mr. Trent Epperson, Project Director.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-18 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS EXPRESSING THE CITY'S
INTENT TO PARTICIPATE IN BRAZORIA COUNTY'S VOTING
CENTER PILOT PROGRAM. Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
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.
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5. CONSIDERATION AND POSSIBLE ACTION - FIRST
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 ABA TEMENT
PURSUANT TO RESOLUTION NO. R2006-121; DESIGNAT-
ING 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.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2008-23 - 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 BRAZORIA COUNTY.
Mr. Darrin Coker, City Attorney.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST
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
6701D, 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.
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8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1337 - AN
ORDINANCE AUTHORIZING ISSUANCE OF CITY OF
PEARLAND, TEXAS, WATER AND SEWER SYSTEM
REVENUE BONDS, SERIES 2008; PRESCRIBING THE
TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE
PAYMENT THEREOF; AWARDING THE SALE THEREOF;
AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
AN OFFICIAL STATEMENT TO BE USED IN CONNECTION
WITH THE SALE OF THE BONDS; AUTHORIZING THE
PURCHASE OF BOND INSURANCE; MAKING OTHER
PROVISIONS REGARDING SUCH BONDS AND MA TIERS
INCIDENT THERETO; AUTHORIZING EXECUTION AND
DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT;
CONTAINING OTHER MATTERS RELATED THERETO; AND
DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY - CITY FACILITIES.
Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
9. COUNCIL ACTION - REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY
FACILITIES. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Youna Lorfina at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
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