2008-04-28 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, APRIL 28, 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 KEITH ANDERSON PLEDGE
OF ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation proclaiming "National Plumbing
Week."
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 April 7, 2008, Special Meeting held at 7:00
p.m.
3. Minutes of the April 14, 2008, Regular Meeting held at 7:30
p.m.
Page 1 of 6 - 4/28/2008
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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
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.
C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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.
D. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-15 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING THE FOLLOWING ADDRESSES: 1514 GARDEN
ROAD; 1845 GARDEN ROAD; 2005 GARDEN ROAD; 2233
GARDEN ROAD; 2236 GARDEN ROAD; 2245 GARDEN
ROAD; 2302 GARDEN ROAD; 2357 GARDEN ROAD; 2530
GARDEN ROAD; 1950 O'DAY ROAD; 1902 GARDEN ROAD,
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(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
14), TO ALLOW FOR INDUSTRIAL USES AS DESCRIBED IN
THE LAND USE MATRIX FOR LIGHT INDUSTRIAL DISTRICT
(M-1) AND HEAVY INDUSTRIAL DISTRICT (M-2); AT THE
REQUEST OF THE CITY OF PEARLAND, APPLICANT FOR
VARIOUS PROPERTY OWNERS ALONG GARDEN ROAD
AND O'DAY ROAD; 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.
E. 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 AND A WATER AND SEWER EASEMENT FOR THE
CONSTRUCTION O
IMPROVEMENTS i
DESCRIBED HEREIN
OR HIS DESIGNEE, ~
SUCH ACTIONS A
PROPERTY, LOCATE
PURCHASE, OR BY
EMINENT DOMAIN; /
THE CONSTRUCTIC
BEARS DIRECTLY
WELFARE OF THE
EFFECTIVE DATE. N
ROAD, UTILITY AND DRAINAGE
)N CERTAIN REAL PROPERTY
AUTHORIZING THE CITY ATTORNEY,
,ND OTHER CITY OFFICIALS TO TAKE
i ARE NECESSARY TO ACQUIRE
D WITHIN THE CITY, BY DONATION,
THE EXERCISE OF THE POWER OF
,ND DECLARING AN EMERGENCY AS
N OF MUNICIPAL IMPROVEMENTS
JPON THE HEALTH, SAFETY AND
CITIZENRY; AND PROVIDING AN
r. Darrin Coker, City Attorney.
F. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-67 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CHANGING THE
REGULAR MEETING TIMES AND DATES FOR MAY 2008,
DUE TO THE MEMORIAL DAY HOLIDAY. Mr. Darrin Coker,
City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-64 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
PRICE SUPPLY CONTRACT FOR MOTOR FUEL.
Mr. Bill Eisen, City Manager.
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H. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-68 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING
MARCH 28. Mr. Bill Eisen, City Manager.
I. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-63 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY CONTRACT FOR WATER METERS. Mr. Bill Eisen,
City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. 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.
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2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-66 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
LANDSCAPE SERVICES ASSOCIATED WITH THE
SCARSDALE MEDIAN PROJECT. Mr. Trent Epperson, Project
Director.
3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
DEVELOPMENT AGREEMENT ASSOCIATED WITH PARK
DEDICATION REQUIREMENTS FOR THE CANTERBURY
PARK SUBDIVISION. Mr. Jon Branson, Director of Parks and
Recreation.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-65 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INDEMNITY AGREEMENT ASSOCIATED WITH THE
COWART'S CREEK DIVERSION PROJECT.
Mr. Trent Epperson, Project Director.
5. CONSIDERATION AND POSSIBLE ACTION - REMOVE
FROM TABLE RESOLUTION NO. R2008-49. City Council.
5A. 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.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH LAND USE. Mr. Darrin Coker, City
Attorney.
Page 5 of 6 - 4/28/2008
2. SECTION 551.074 - PERSONNEL MATTERS -
DISCUSSION REGARDING CITY MANAGER'S ANNUAL
PERFORMANCE GOALS EVALUATION. City Council.
NEW BUSINESS CONTINUED:
6. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH LAND USE.
City Council.
7. CONSIDERATION AND POSSIBLE ACTION -REGARDING
THE CITY MANAGER'S ANNUAL PERFORMANCE GOALS
EVALUATION. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfina at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
I, Young Lorfing, 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 23~ day of April 2008, at 5:30 p.m.
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Agenda removed ay of April 2008.
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