2008-05-12 7:00 PM CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, MAY 12, 2008, AT 7:00
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS.
I. CALL TO ORDER
II. INVOCATION GIVEN BY PASTOR MIKE HOGG PLEDGE OF
ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation proclaiming "Emergency
Medical Services Week."
2. Presentation of Proclamation proclaiming "Hurricane
Awareness Week."
3. Presentation of Proclamation proclaiming "National Public
Works Week."
4. Presentation of Proclamation proclaiming "Memorial Day
2008."
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 April 21, 2008, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the April 21, 2008, Special Meeting held at 7:30
p. m.
3. Minutes of the April 28, 2008, Regular Meeting held at 7:30
p.m.
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B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
COUNCILMEMBER HELEN BECKMAN'S ABSENCE FROM
THE APRIL 28, 2008, REGULAR COUNCIL MEETING.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-16 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 6.2244 ACRES OF LAND, ABSTRACT 232, H.T. &
B.R.R. COMPANY SURVEY, TRACT 28A-39, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF HALIK ROAD, AND
APPROXIMATELY 1,100 FEET WEST OF STATE HIGHWAY
35 (MAIN STREET)), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-15), TO ALLOW FORA "BIO-
DIESEL PLANT" IN THE LIGHT INDUSTRIAL DISTRICT (M-1 );
AT THE REQUEST OF HOUSTON FLEX FUELS, LLC,
APPLICANT FOR AMERICAN RICE GROWERS
COOPERATIVE, INC., 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.
D. CONSIDERATION AND POSSIBLE ACTION -REGARDING
THE APPOINTMENT OF KEVIN FITE TO SERVE IN
POSITION NO. 5 ON THE PARKS, RECREATION AND
BEAUTIFICATION BOARD FORA 3-YEAR TERM EXPIRING
NOVEMBER 1, 2011. Mr. Jon Branson, Director of Parks and
Recreation.
E. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-69 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
PRICE SUPPLY CONTRACT FOR DITCH CLEANING
SERVICES. Mr. Bill Eisen, City Manager.
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F. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-70 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION
TO REIMBURSE PROJECT EXPENDITURES. 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.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-51 - 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 1.00 ACRES
OF LAND, OUT OF THE S.G. HAYNIE SURVEY, ABSTRACT
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362, CITY OF PEARLAND, HARRIS COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF ALMEDA
SCHOOL ROAD, AND APPROXIMATELY 2,500 FEET NORTH
OF SHADOW CREEK PARKWAY), (ZONE CHANGE
APPLICATION NO. 2008-09Z), FROM SPECTRUM DISTRICT
(SPD) DISTRICT S5: THE LIGHT AND HEAVY INDUSTRIAL
DISTRICT TO OFFICE AND PROFESSIONAL DISTRICT (OP),
AT THE REQUEST OF ALAN MUELLER, APPLICANT FOR
CLAUDIA BLAKEMORE, 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.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-52 - 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 53.342
ACRES OF LAND, IN THE THOMAS J. GREEN SURVEY,
ABSTRACT 198, AND BEING A PORTION OF THAT CERTAIN
CALLED 118.755 ACRE TRACT OF LAND DESCRIBED AS
TRACT 2 IN THE DEED RECORDED IN VOLUME 1421, PAGE
25, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FM 518
(BROADWAY STREET) AND PEARLAND PARKWAY), (ZONE
CHANGE APPLICATION NO. 2008-10Z), FROM GENERAL
BUSINESS RETAIL DISTRICT (GB), SINGLE FAMILY
RESIDENTIAL - 3 DISTRICT (R-3), AND SINGLE FAMILY
RESIDENTIAL - 2 DISTRICT (R-2) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF
KERRY R. GILBERT AND ASSOCIATES, APPLICANT FOR
BEEMAN STRONG, 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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4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1351 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE
CITY OF PEARLAND; UPDATING IMPACT FEES IN
ACCORDANCE WITH STATE LAW; MAKING CERTAIN
FINDINGS; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-72 - A RESOLUTION DENYING THE RATE
INCREASE PROPOSED BY CENTERPOINT ENERGY
RESOURCES CORP., DBA CENTERPOINT ENERGY ENTEX
AND CENTERPOINT ENERGY TEXAS GAS, TEXAS COAST
DIVISION ("CENTERPOINT"); AUTHORIZING
PARTICIPATION IN A COALITION OF CITIES KNOWN AS
TEXAS COAST UTILITIES COALITION ("TCUC");
AUTHORIZING THE HIRING OF LAWYERS AND RATE
EXPERTS; REQUIRING THE REIMBURSEMENT OF
MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE
MEETING COMPLIED WITH THE OPEN MEETINGS ACT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
6. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1350 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ABANDONING A PORTION OF CERTAIN RIGHT-OF-WAY
RECORDED IN THE PLAT RECORDS OF, BRAZORIA
COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS
OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-75 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager.
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8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-71 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN
ADVANCED FUNDING AGREEMENT WITH THE STATE OF
TEXAS FOR THE FM 518 LANDSCAPE PROJECT.
Mr. Jon Branson, Director of Parks and Recreation.
9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-74 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENEWING A
CONTRACT FOR EMS BILLING SERVICES. Mr. Bill Eisen,
City Manager.
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.
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 7 h day of May 2008, at 5:30 p.m.
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Sonia Blair
Deputy City Secretary
Agenda removed l~day of May 2008.
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