2008-03-24 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, MARCH 24, 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 HAROLD GENTRY PLEDGE
OF ALLEGIANCE.
I11. MAYOR'S ACTIVITY REPORT
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 (lX. 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 March 10, 2008, Regular Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-48 - 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 TRACT
"A" AND TRACT "B" AND TRACT "C" OF WHISPERING
WINDS GENERAL BUSINESS RESERVE, OUT OF THE
THOMAS J. GREEN SURVEY, ABSTRACT 198, A PER THE
Page 1 of 8 - 3/24/2008
PLAT RECORDED IN VOLUME 17, PAGES 93 AND 94, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY
STREET), AND ON THE WEST SIDE OF WESTMINISTER
DRIVE), (ZONE CHANGE APPLICATION NO. 2008-05Z),
FROM SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO
GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE
REQUEST OF RICHARD A. TARRER, FELTON BAKER,
MARY STARR, DAVID MILLER, LUCY GEHRING, ALICE
GEHRING, RAY NUNEZ, MIKE MARTIN, DARWIN
MACALISTER, AND PEARLAND SQUARE CONDOMINIUM
ASSOCIATION, OWNERS, 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. 2000M-49 - 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 5.00
ACRES, ABSTRACT 506, H.T. & B.R.R. COMPANY SURVEY,
TRACT 6-7A-7E, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF
HUGHES RANCH ROAD (COUNTY ROAD 403), AND
APPROXIMATELY 600 FEET WEST OF LINDA LANE), (ZONE
CHANGE APPLICATION NO. 2008-06Z), FROM SINGLE
FAMILY ESTATE DISTRICT (RE) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF
DAVID PEARLMAN, APPLICANT FOR CLASSIC SELF
STORAGE LLC, 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.
D. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-47 - 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,
Page 2 of 8 - 3/24/2008
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 48.4712
ACRES OUT LOT 5 OF THE JAMES HAMILTON SURVEY,
ABSTRACT 881, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 83, PAGE 342, OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF
PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF STATE HIGHWAY 288,
AND ON THE NORTH SIDE OF SHADOW CREEK
PARKWAY), (ZONE CHANGE APPLICATION NO. 2008-04Z),
FROM SPECTRUM DISTRICT (SPD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GC
ENGINEERING, INC., APPLICANT FOR HISTORIC REAL
ESTATE, 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. Nick Finan, Assistant City Manager.
E. CONSIDERATION AND POSSIBLE ACTION - F)RST AND
ONLY READING OF ORDINANCE NO. 2000CUP-11 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 4.6133 ACRES, BEING LOT "C~ OF W. C.
PROPERTIES, A SUBDIVISION SITUATED IN SECTION 85
OF THE H.T. & B. R. R. COMPANY SURVEY, ABSTRACT 304,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND APPROXIMATELY 400 FEET
EAST OF MILLER RANCH ROAD), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2008-09), TO ALLOW FOR A
"MINI-WAREHOUSE AND SELF STORAGE" FACILITY IN THE
GENERAL BUSINESS RETAIL DISTRICT (GB); AT THE
REQUEST OF USC EXPRESS, LLC, 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
Page 3 of 8 - 3/24/2008
F. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1346 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF 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. Damn Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1345 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF 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.
H. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1347 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF DRAINAGE
DETENTION 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
Page 4 of 8 - 3/24/2008
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.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2008-47 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DECLARING
UNOPPOSED CANDIDATES IN THE MAY 10, 2008 GENERAL
CITY ELECTION, ELECTED TO OFFICE; CANCELING THE
ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. Mr. Bill Eisen, City
Manager.
2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008,46 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, SUSPENDING THE APRIL
10, 2008, EFFECTIVE DATE OF CENTERPOINT ENERGY
RESOURCES CORP., D/B/A CENTERPOINT ENERGY
ENTEX AND CENTERPOINT ENERGY TEXAS GAS
(CENTERPOINT) REQUESTED RATE CHANGE TO PERMIT
THE CITY TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH THE GULF COAST COALITION OF
CITIES AND OTHER CITIES IN THE CENTERPOINT AREA
TO HIRE LEGAL AND CONSULTING SERVICES AND TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION AND APPEALS; RATIFYING THE
SELECTION OF LLOYD GOSSELINK AS LEGAL COUNSEL;
REQUIRING REIMBURSEMENT OF CITIES' RATE CASE
EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
Mr. Bil! Eisen, City Manager.
Page 5 of 8 - 3/24/2008
3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-44 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE MCHARD ROAD PROJECT. Mr. Bill
Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2008-34 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
REIMBURSEMENT AGREEMENT ASSOCIATED WITH THE
INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF SHADOW CREEK PARKWAY AND
BUSINESS CENTER DRIVE. Mr. Narciso Lira, City Engineer.
5. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE SETTING OF A PUBLIC HEARING FOR IMPACT FEES
FOR APRIL 28, 2008 AS THE PUBLIC HEARING DATE.
Mr. Narciso Lira, City Engineer.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-49 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN
INTERLOCAL COOPERATIVE PRICING ARRANGEMENT
WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC)
FOR THE PURCHASE OF A TRACTOR AND BOOM MOWER.
Mr. Ed Grossenheider, Parks and Building Maintenance
Superintendent.
7. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1327-2 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1327,
THE 2007-2008 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL
FUND (URBAN FORESTER); AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED
HEREIN WITHOUT FURTHER APPROVAL OF CITY
COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERA-
BILITY CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ADJUST THE CITY BUDGET
INURES TO THE BENEFIT OF THE PUBLIC AND,
Page 6 of 8 - 3/24/2008
THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Ed
Grossenheider, Parks and Building Maintenance
Superintendent.
8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-48 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENAMING THE
PEARLAND RECYCLE CENTER AS THE STELLA ROBERTS
RECYCLING CENTER. Mr. Jon Branson, Director of Parks and
Recreation.
9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-43 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING AND
ADOPTING THE GOALS PROMULGATED DURING THE
CITY'S 2008 ANNUAL PLANNING WORKSHOP.
Mr. Bill Eisen, City Manager.
10. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1348 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 20, OFFENSES AND
MISCELLANEOUS PROVISIONS, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW
ARTICLE VI, ENTITLED SPECIAL EVENTS; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODiFiCATION
AND AN EFFECTIVE DATE. Mr Nick Finan, Assistant City
Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS.
Mr. Darrin Coker.
2. SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY -CITY FACILITIES.
Mr. Bill Eisen, City Manager.
Page 7 of 8 - 3/24/2008
NEW BUSINESS CONTINUED:
11. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS. City Council.
12. CONSIDERATION AND POSSIBLE 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
Young Lorfing at 281 X52-1655 prior to the meeting so that appropriate
arrangements can be made.
Page 8 of 8 - 3/24/2008