2008-04-14 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA
ADDED EXECUTIVE SESSION NO. 2 AND NEW BUSINESS ITEM NO. 10
AGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, APRIL 14, 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. Presentation of Proclamation proclaiming "Crime Victim's Rights
Week."
2. Presentation of Proclamation proclaiming "Project Graduation
Day."
3. Presentation of Proclamation proclaiming "21St Annual Crawfish
Festival Day."
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 March 17, 2008, Special Meeting held at
7:30 p.m.
2. Minutes of the March 17, 2008, Joint Public Hearings held
at 6:30 p.m.
Page 1 of 7 - 4/14/2008
3. Minutes of the March 24, 2008, Regular Meeting held at
7:30 p.m.
4. Minutes of the March 31, 2008, Special Meeting held at
7:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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.
C. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-14 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 14.962 ACRE TRACT OUT OF THE T.J. GREEN
SURVEY, ABSTRACT 290, ALSO BEING A REPEAT OF LOTS
39-42 AND 54-56 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION, SECTION "G", A
SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, OF THE
MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY OF
PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF THE FUTURE
EXTENSION OF RIVERSTONE RANCH DRIVE, AND
APPROXIMATELY 1,000 FEET SOUTH OF SUGARBUSH
RIDGE LANE), (CONDITIONAL USE PERMIT APPLICATION
NO. CUP2008-13), TO ALLOW FOR A "PUBLIC
ELEMENTARY SCHOOL" IN THE SINGLE FAMILY
RESIDENTIAL - 1 DISTRICT (R-1 ); AT THE REQUEST OF
BAY ARCHITECTS, INC., APPLICANT FOR PASADENA
INDEPENDENT SCHOOL DISTRICT, 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 2 of 7 - 4/14/2008
D. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1349 - 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 AND/OR
PARKS 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.
E. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-57 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING PISD's
LETTER DECLINING COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDS, AMENDING CERTAIN
AGREEMENTS AND REALLOCATING CDBG FUNDS FOR
THE ADULT READING CENTER AND THE FORGOTTEN
ANGELS ORGANIZATION. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-56 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY CONTRACT FOR SIDEWALK AND STREET
MAINTENANCE. Mr. Mike Hodge, Assistant City Manager.
G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-55 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE AND REPLACEMENT OF THE FIRE
DEPARTMENT'S SELF-CONTAINED BREATHING
APPARATUS (SCBA'S). Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
Page 3 of 7 - 4/14/2008
1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-54 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, NAMING THE FUTURE
NATURE CENTER LOCATED AT THE JOHN HARGROVE
ENVIRONMENTAL COMPLEX AS THE DELORES FENWICK
NATURE CENTER. Mr. Jon Branson, Director of Parks and
Recreation.
2. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-13 - 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.
CUP2008-11), TO ALLOW FOR 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 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.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-50 - 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 18.4916
ACRES OF LAND, BEING WHISPERING WINDS, AN
APARTMENT AND TOWNHOME SUBDIVISION, OUT OF THE
THOMAS J. GREEN SURVEY, ABSTRACT 198, AS
Page 4 of 7 - 4/14/2008
RECORDED IN VOLUME 17, PAGES 93-94, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE AND WEST SIDE OF
WESTMINISTER DRIVE, ON THE NORTH SIDE OF
WHISPERING WINDS DRIVE, AND APPROXIMATELY 600
FEET NORTH OF FM 518 (BROADWAY STREET), (ZONE
CHANGE APPLICATION NO. 2008-07Z), FROM SINGLE
FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO MULTIPLE
FAMILY RESIDENTIAL DISTRICT (MF), AT THE REQUEST
OF WHISPERING APARTMENTS 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.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000-T-7 - 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. R2008-61 - 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
FRIENDSWOOD FOR THE DISPOSAL OF HOUSEHOLD
HAZARDOUS WASTE. Mr. Jon Branson, Director of Parks and
Recreation.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-58 - 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
ASSOCIATED WITH THE CULLEN PARKWAY EXPANSION
PROJECT. Mr. Mike Hodge, Assistant City Manager.
Page 5 of 7 - 4/14/2008
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-59 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT
FOR ENGINEERING SERVICES ASSOCIATED WITH THE
ORANGE STREET IMPROVEMENTS. Mr. Trent Epperson,
Project Director.
8. CONSIDERATION AND POSSIBLE ACTION -REGARDING
CENTERPOINT ENERGY'S PROPOSED GAS RATE
INCREASE. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 -PERSONNEL MATTERS -ANNUAL
EVALUATION OF THE CITY ATTORNEY. City Council.
2. SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY -REGARDING ECONOMIC DEVELOPMENT
INCENTIVES. Mr. Bill Eisen, City Manager.
NEW BUSINESS:
9. CONSIDERATION AND POSSIBLE ACTION -REGARDING
ANNUAL EVALUATION OF THE CITY ATTORNEY.
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
Young Lorfing at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
Page 6 of 7 - 4/14/2008
I, Sonia Blair, Deputy 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 11th day of April 2008, at 5:30 p.m.
~ya1lU~
~ r
~ '~
~~~~''~
~ + ~~~ s
~M-~.f3L ~ l.Jtl~
Sonia Blair
Deputy City Secretary
~'
Agenda removed day of April 2008.
Page 7 of 7 - 4/14/2008