2008-10-27 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 27, 2008, AT
7:30 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT
THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1 . Presentation of Proclamation - "Pearland Indian Community
Diwali Celebration 2008"
2. Events attended and upcoming events.
IV. COUNCIL ACTIVITY REPORTS
1. Events attended and upcoming events.
V. CITY MANAGER'S REPORT
1 . Events attended and upcoming events.
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 September 15, 2008, Special Meeting held
at 6:30 p.m.
2. Minutes of the September 15, 2008, Regular Meeting held
at 7:30 p.m.
3. Minutes of the September 22, 2008, Special Meeting held
at 6:00 p.m.
4. Minutes of the September 29, 2008, Special Meeting held
at 6:00 p.m.
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5. Minutes of the October 6, 2008, Public Hearing held at
6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE
OCTOBER 13, 2008, REGULAR COUNCIL MEETING.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 2000-T-9 — 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 — SECOND AND
FINAL READING OF ORDINANCE NO. 1364 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A PORTION OF
CERTAIN RIGHT-OF-WAY AND EASEMENTS 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.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1368 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER AND 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.
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F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1366 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER AND 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.
G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1369 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER AND 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. 1367 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER AND DRAINAGE IMPROVEMENTS ON
CERTAIN REAL PROPERTY DESCRIBED HEREIN;
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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.
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1370 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE AN EASEMENT FOR THE CONSTRUCTION OF ROAD,
WATER, SEWER AND 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.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-137 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD
HTE AND APPROVING A MAINTENANCE COST SCHEDULE.
Mr. Bill Eisen, City Manager.
K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-142 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
MUTUAL AID AGREEMENT WITH FORT BEND COUNTY FOR
EMERGENCY MEDICAL SERVICES. Mr. Bill Eisen, City
Manager.
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L. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-24 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT
CERTAIN TRACT OR PARCEL OF LAND CONTAINING 18.26
ACRES OF LAND, IN THE T.D. YOCUM SURVEY, A-399 AND
THE A.C.H & B SURVEY, A-147, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF JOHN
LIZER ROAD, EAST OF PEARLAND PARKWAY),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
24), TO PERMIT ASSISTED LIVING FACILITY IN
NEIGHBORHOOD SERVICE (NS) ZONE, AT THE REQUEST
OF HARVEST DEVELOPMENT c/o CURRY ARCHITECTURE
LLC, APPLICANT FOR VIVIAN NAEVE, 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.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — REMOVE
FROM THE TABLE ORDINANCE NO. 2000CUP-22.
1A. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-22 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, SHOWN AS OF
LOT TWELVE (12), BLOCK TWENTY (20) OF PEARLAND
TOWNSITE, ACCORDING TO THE MAP OR PLAT
RECORDED IN VOL. 29, PG 41, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, AND A PART OF TRACT 3
OF SECTION 2, OF THE H. T. & B. RAILROAD COMPANY
SURVEY, ABSTRACT 542, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS, CONTAINING 16,462.7 SQ. FT. OR 0.3779
ACRE OF LAND, 2418 SOUTH MAIN STREET,
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
22), TO ALLOW OUTDOOR STORAGE IN THE OLD
TOWNSITE GENERAL BUSINESS DISTRICT (OT-GB); AT
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THE REQUEST OF THOMAS D. RASBERRY, APPLICANT
AND 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 — REMOVE
FROM THE TABLE ORDINANCE NO. 2000M-57.
2A. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 2000M-57 — 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 26.58
ACRES OF LAND, BEING PARTS OF AND THE NORTH HALF
OF LOT 44 AND ALL OF LOT 49 OF ZYCHLINSKI'S
SUBDIVISION IN THE HT&B RR CO. SURVEY, SECTION 3,
ABSTRACT 232, AND R.B LYLE SURVEY, ABSTRACT 542, IN
THE BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED
ON THE WEST SIDE OF SH 35 (NORTH MAIN STREET), AND
ON THE SOUTH SIDE OF MCHARD ROAD), (ZONE CHANGE
APPLICATION NO. 2008-15Z), FROM LIGHT INDUSTRIAL (M-
1) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE
REQUEST OF JUNG H KWAK, APPLICANT FOR
MONTALBANO LUMBER CO. 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.
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-141 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DECLARING A
MORATORIUM ON PLATTING REQUIREMENTS FOR
OWNERS OF EXISTING LOTS ZONED AND USED AS
SINGLE FAMILY RESIDENTIAL WHO SEEK TO CONSTRUCT
NEW ACCESSORY STRUCTURES OR TO IMPROVE,
EXPAND, OR REPLACE STRUCTURES ALREADY LOCATED
THEREON. Mr. Nghiem Doan, Deputy City Attorney.
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4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-138 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN
ADVANCED FUNDING AGREEMENT WITH THE STATE OF
TEXAS FOR THE DIXIE FARM ROAD IMPROVEMENT
PROJECT. Mr. Trent Epperson, Project Director.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-136 — A RESOLUTION DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City
Manager.
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-140 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN
AGREEMENT WITH TXDOT FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF STREET LIGHTS FOR
CULLEN PARKWAY. Mr. Trent Epperson, Project Director.
7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2008-139 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR UTILITIES PROGRAM MANAGEMENT.
Mr. Trent Epperson, Project Director.
8. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1365 — ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS,
WATER AND SEWER SYSTEM REVENUE BONDS, SERIES
2008A; PRESCRIBING THE TERMS AND CONDITIONS
THEREOF; PROVIDING FOR THE PAYMENT THEREOF;
AWARDING THE SALE THEREOF; AUTHORIZING THE
PREPARATION AND DISTRIBUTION OF AN OFFICIAL
STATEMENT TO BE USED IN CONNECTION WITH THE
SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF
BOND INSURANCE; MAKING OTHER PROVISIONS
REGARDING SUCH BONDS AND MATTERS INCIDENT
THERETO; AUTHORIZING EXECUTION AND DELIVERY OF
A PAYING AGENT/REGISTRAR AGREEMENT; CONTAINING
OTHER MATTERS RELATED THERETO; AND DECLARING
AN EMERGENCY. Mr. Bill Eisen, City Manager.
Page 7 of 8 — 10/27/2008
OTHER BUSINESS: None.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-412-8101 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 22nd day of October 2008, at 6:00 p.m.
.;
3 _
..� • ng Wing C
ty Se retary
Agenda removed---1/day of October 2008.
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