2008-07-14 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JULY 14, 2008, AT 7:30
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
CALL TO ORDER
11. INVOCATION GIVEN BY PASTOR MIKE HOGG AND THE
PLEDGE OF ALLEGIANCE.
111. MAYOR'S ACTIVITY REPORT
1 . Presentation of award.
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VI11. 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 (/X. 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 June 16, 2008, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the June 23, 2008, Regular Meeting held at
7:30 p.m.
3. Minutes of the July 7, 2008, Special Meeting held at 6:30
p.m.
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B. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-19 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 17.8810 ACRES, BEING THE MINOR PLAT OF
COPPINGER YMCA, A SUBDIVISION OF LAND OUT OF THE
THOMAS J. GREEN SURVEY, ABSTRACT 198, AND THE
T.D. YOCUM SURVEY, ABSTRACT 399, AS RECORDED IN
DOCUMENT NO. 2008001978 OF THE OFFICIAL RECORDS
OF BRAZORIA COUNTY, TEXAS, AND BEING OUT OF A
CALLED 16.5802 ACRE TRACT RECORDED IN BRAZORIA
COUNTY CLERK'S FILE NO. 99007098 AND A CALLED
1.5030 ACRE TRACT RECORDED IN BRAZORIA COUNTY
CLERK'S FILE NO. 01046582, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE SOUTH SIDE OF STRATFORD STREET/YMCA DRIVE,
AT 2820 STRATFORD STREET), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2008-18), TO ALLOW FOR A
"CHURCH/PLACE OF WORSHIP" IN THE OFFICE AND
PROFESSIONAL DISTRICT (OP); AT THE REQUEST OF
NEW HOPE CHURCH, APPLICANT FOR YMCA GREATER
HOUSTON AREA, 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 -RESOLUTION
NO. R2008-97 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
TO PARTICIPATE IN PUC DOCKET NOS. 35620 AND 35639,
DEALING WITH THE DEPLOYMENT OF ADVANCED
METERS IN THE SERVICE TERRITORY OF CENTERPOINT
ENERGY HOUSTON ELECTRIC ("CEHE"), THROUGH A
COALITION OF CITIES KNOWN AS TEXAS COAST
UNTILITIES COALITION (TCUC"); AUTHORIZING THE
HIRING OF COUNSEL AND EXPERTS THROUGH TCUC;
REQUIRING THE REIMBURSEMENT OF REASONABLE
RATE CASE EXPENSES; DETERMINING THAT THE
MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS
ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS
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RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-93 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S
EMPLOYEE HANDBOOK. Mr. Bi// Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION -
REAPPOINTMENT OF JO KNIGHT TO SERVE ON THE TAX
INCREMENT REINVESTMENT ZONE NO. 2 POSITION NO. 6
WITH THE TERM EXPIRING NOVEMBER 1, 2009.
Mayor Reid.
CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-96 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPOINTING THE
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR,
RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE
EFFECTIVE TAX RATE AND ROLL BACK RATE FOR TAX
YEAR 2008. Mr. Bi// Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-91 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF A DIESEL GENERATOR. Mr. Bi// Eisen,
City Manager.
H. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-92 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY CONTRACT FOR OFFICE SUPPLIES. Mr. Bi// Eisen,
City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-54 - 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 2.00 ACRES,
BEING LOTS 15 AND 16, BLOCK 3, OF SKYWAY MANOR,
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ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF MANVEL ROAD (FM
1128), AND APPROXIMATELY 700 FEET NORTH OF FITS
ROAD), (ZONE CHANGE APPLICATION NO. 2008-13Z),
FROM SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO
NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE
REQUEST OF JOHNNY SIMS, APPLICANT FOR TED
SLAFKA, 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.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-55 - 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 5.84 ACRES,
BEING OUT OF A 19.5704 ACRE TRACT OF LAND, BEING
THE RESIDUE OF LOTS 81 AND 82 OF THE GEORGE W.
JENKINS SUBDIVISION, W.D.C. HALL SURVEY, ABSTRACT
70, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF DIXIE
FARM ROAD, AND APPROXIMATELY 800 FEET NORTH OF
WESTFIELD LANE), (ZONE CHANGE APPLICATION NO.
2008-14Z), FROM SINGLE FAMILY RESIDENTIAL - 1
DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT
(OP), AT THE REQUEST OF BOUNDARY ONE, LLC,
APPLICANT FOR ROBERT L. THOMPSON, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000M-56 - 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 142.9664
ACRES OF LAND OUT OF PEARLAND TOWN CENTER, A
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SUBDIVISION OF 143.6500 ACRES AS RECORDED UNDER
FILE NUMBER 2007008914 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, AND SITUATED IN THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE SOUTH SIDE OF
BROADWAY STREET, ON THE EAST SIDE OF KIRBY DRIVE,
AND ON THE WEST SIDE OF BUSINESS CENTER DRIVE),
(ZONE CHANGE APPLICATION NO. 2008-12Z), FROM
PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE
EXISTING PD FOR PEARLAND TOWN CENTER, AT THE
REQUEST OF CBL AND ASSOCIATES, 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; 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.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-90 - 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 PEARLAND
INDEPENDENT SCHOOL DISTRICT. Mr. Bil/ Eisen, City
Manager.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING ORDINANCE NO. 1023-3 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING EXHIBIT "B" OF ORDINANCE NO. 1023 AS IT
APPLIES TO PLATTING FEES; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION,
AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-95 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR PLAN REVIEW SERVICES. Mr. Bi// Eisen,
City Manager.
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7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-98 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A WATER
AND WASTEWATER SERVICE AGREEMENT WITH
BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4.
Mr. Bi// Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS
NUMBER 2 AN D 3. Mr. Bi// Eisen, City Manager.
2. SECTION 551.074 - PERSONNEL MATTERS -
DISCUSSION REGARDING CITY MANAGER'S
ANNUAL GOALS. City Counci/.
3. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH THE MAVERICK GROUP.
Mr Darrin Coker, City Attorney.
8. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS NUMBER 2 AND 3. City Counci/.
9. CONSIDERATION AND POSSIBLE ACTION - REGARDING
CITY MANAGER'S ANNUAL GOALS. City Counci/.
10. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH THE
MAVERICK GROUP. City Counci/.
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.
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