2009-08-31 CITY COUNCIL REGULAR MEETINGIn accordance with the Texas Open Meeting Act the Agenda is posted for public
information, at all times, for at least 72 hours preceding the scheduled time of the meeting
on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive.
AGENDA
CITY OF PEARLAND CITY COUNCIL
August 31, 2009 7:30 p.m.
MAYOR
Tom Reid
Felicia Kyle
Mayor Pro-Tem
Position No. 4
COUNCIL MEMBERS
Woody Owens
Position No. 1
Steve Saboe
Position No. 3
Jon R. Branson Assistant City Manager
Darrin Coker City Attorney
Bill Eisen
City Manager
Scott Sherman
Position No. 2
Kevin Cole
Position No. 5
Mike Hodge Assistant City Manager
Young Lorfing City Secretary
Page 1 of 7 – 8/31/2009
AGENDA – REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD
ON MONDAY, AUGUST 31, 2009, AT 7:30
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Events attended and upcoming events.
2. Recognition of the Employee of the Quarter, Judy Krajca,
Secretary, Planning Department.
3. Recognition of the Part-Time Employee of the Quarter, Mike
Girardi, Part-Time Paramedic, EMS.
4. Presentation of the American Planning Association “Planning
Excellence Award 2009” to the Planning Department.
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.
Page 2 of 7 – 8/31/2009
A. CONSIDERATION AND POSSIBLE ACTION – APPROVAL OF MINUTES:
1. Minutes of the July 27, 2009, Special Meeting – Benefit
Trust held at 6:30 p.m.
2. Minutes of the August 10, 2009, Regular Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION – SECOND AND
FINAL READING OF ORDINANCE NO. 1404 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING A JUVENILE CASE
MANAGER FUND, TO FUND CREATION OF A JUVENILE
CASE MANAGER PROGRAM IN THE PEARLAND MUNICIPAL
COURT OF RECORD; PROVIDING A REPEALING CLAUSE, A
SAVING CLAUSE AND SEVERABILITY CLAUSE AND
PROVIDING FOR CODIFICATION. Mr. Bill Eisen, City
Manager.
C. CONSIDERATION AND POSSIBLE ACTION – FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-34 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED
FOR RECORD AS 4.793 ACRE TRACT OF LAND IN THE
W.D.C. HALL LEAGUE SURVEY, ABSTRACT NO. 70 IN
BRAZORIA COUNTY, TEXAS. SAID 4.793 ACRE TRACT IS
PART OF A 5.103 ACRE TRACT CONVEYED TO BETHANY
ASSEMBLY OF GOD CHURCH AS RECORDED IN VOLUME
1158, PAGE 625 OF THE DEED RECORDS OF BRAZORIA
COUNTY, SAID TRACT BEING OUT OF TRACT 1 OF THE
PARTITION OF A 120.44 ACRE AS SHOWN ON THE
PARTITION MAP RECORDED IN VOLUME 6, PAGE 142 IN
THE MAP RECORDS OF BRAZORIA COUNTY, (LOCATED AT
3011 YOST BOULEVARD), CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2009-10, TO PERMIT A CHURCH IN
THE SINGLE FAMILY RESIDENTIAL-1 (R-1) ZONING
DISTRICT, AT THE REQUEST OF CECIL WHITTON,
APPLICANT FOR LIFE POINTE FELLOWSHIP, 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. Mike Hodge, Assistant City Manager.
Page 3 of 7 – 8/31/2009
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION – FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-
35 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR MARKET OPEN-AIR/FLEA MARKET FOR
CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD
AS APPROXIMATELY 16.176 ACRE TRACT OF LAND, OUT
OF LOTS 83 AND 84 OF THE SUBDIVISION OF SECTION 2
AND 3, H.T. & B. R.R. CO. SURVEY, ABSTRACT NOS. 542
AND 232, SITUATED IN BRAZORIA COUNTY, TEXAS, AND
APPROXIMATELY 26.162 ACRES OF LAND LOCATED
WITHIN LOT NOS. 83 AND 84 OF THE SUBDIVISION OF
SECTION NOS. 2 AND 3, H.T. & B RY. CO SURVEY,
ABSTRACT NOS. 542 AND 232 (LOCATED AT 1014 N. MAIN
STREET), CONDITIONAL USE PERMIT APPLICATION NO.
CUP 2009-11, TO PERMIT A MARKET OPEN-AIR/FLEAR
MARKET IN THE LIHGT INDUSTRIA (M-1) ZONING
DISTRICT, AT THE REQUEST OF SCOTT MORRISON,
APPLICANT FOR EJC FAMILY PARTNERSHIP LTD., 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. Mike Hodge, Assistant City Manager.
2. CONSIDERATION AND POSSIBLE ACTION – FIRST
READING OF ORDINANCE NO. 2000M-65 – 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 THECLASSIFICATION OF
CERTAIN REAL PROPERTY, 1.0 ACRE OF LAND
DESCRIBED AS LOT 14, BLOCK 3, SKYWAY MANOR
SUBDIVISION, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 7, PAGE 67 OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2905 FM
1128, PEARLAND, TX) (ZONE CHANGE APPLICATION NO.
2009-08Z), FROM CLASSIFICATION SINGLE FAMILY
RESIDENTIAL-1 (R-1) TO NEIGHBORHOOD SERVICES (NS),
Page 4 of 7 – 8/31/2009
ON THE REQUEST OF DR. HUGH PETER PATTON,
APPLICANT AND 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. Mike Hodge, Assistant City
Manager.
3. CONSIDERATION AND POSSIBLE ACTION – FIRST
READING OF ORDINANCE NO. 1406 – AN APPROPRIATION
ORDINANCE ADOPTING A REVISED BUDGET FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2009 AND
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010.
Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION – FIRST
READING OF ORDINANCE NO. 1407 – AN ORDINANCE
APPROVING A PROPERTY TAX INCREASE THROUGH THE
ADOPTION OF A TAX RATE OF $0.6526, WHICH IS A
PROPERTY TAX INCREASE OF 0.32% OVER THE
EFFECTIVE TAX RATE AND LEVYING TAXES FOR THE USE
AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE
CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR
2009. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. R2009-141 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING
GUIDELINES AND CRITERIA FOR CONSIDERATION OF THE
LOCATION OF BIDDERS’ PRINCIPAL PLACE OF BUSINESS
IN AWARDING CONTRACTS THROUGH COMPETITIVE
BIDDING; AND PROVIDING AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. R2009-140 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A
CONTRACT FOR DEBRIS MANAGEMENT SERVICES. Mr. Bill Eisen, City Manager.
Page 5 of 7 – 8/31/2009
7. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO. R2009-131 – A RESOLUTION OF THE CITY
COUNCIL
OF THE CITY OF PEARLAND, TEXAS, RENEWING A
CONTRACT FOR EMS BILLING SERVICES. Mr. Bill Eisen,
City Manager.
8. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. 2009-137 – A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MATERIALS TESTING
SERVICES ASSOCIATED WITH THE MCHARD ROAD
EXPANSION PROJECT. Mr. Trent Epperson, Project Director.
9. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. R2009-139 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR THE DESIGN AND INSTALLATION OF
AUDIO/VISUAL COMMUNICATIONS EQUIPMENT FOR THE
PUBLIC SAFETY BUILDING. Mr. Trent Epperson, Project
Director.
10. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. R2009-138 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
MCHARD ROAD EXPANSION PROJECT. Mr. Trent Epperson,
Project Director.
11. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. R2009-142 – A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING AND
ADOPTING FINANCIAL MANAGEMENT POLICY
STATEMENTS. Mr. Bill Eisen, City Manager.
12. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO. R2009-144 – 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. Ms. Michelle Smith, Director of Parks and Recreation.
Page 6 of 7 – 8/31/2009
13. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO. R2009-145 – A RESOLUTION OF THE
CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, NOMINATING A
CANDIDATE FOR A POSITION ON THE BOARD OF
DIRECTORS OF THE HARRIS COUNTY APPRAISAL
DISTRICT. Mr. Darrin Coker, City Attorney.
14. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION
NO. R2009-143 – RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, NOMINATING A
CANDIDATE FOR A POSITION ON THE BOARD OF
DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL
DISTRICT. Mr. Darrin Coker, City Attorney.
15. CONSIDERATION AND POSSIBLE ACTION – RESOLUTION NO. R2009-146 – A RESOLUTION OF THE
CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES ASSOCIATED
WITH THE LONGWOOD WASTEWATER TREATMENT
PLANT. Mr. Trent Epperson, Project Director.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 – CONSULTATION WITH CITY ATTORNEY – REGARDING PENDING AND POTENTIAL
LITIGATION. Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 – REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY – CITY FACILITIES.
Mr. Bill Eisen, City Manager.
3. SECTION 551.087 – CONSULTATION WITH CITY ATTORNEY – REGARDING ECONOMIC
DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City
Manager.
NEW BUSINESS CONTINUED: 16. CONSIDERATION AND POSSIBLE ACTION – REGARDING
PENDING AND POTENTIAL LITIGATION.