2009-01-26 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JANUARY 26, 2009, 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. 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 November 17, 2008, Joint Public Hearings
held at 6:30 p.m.
2. Minutes of the January 5, 2009, Special Meeting held at
6:00 p.m.
3. Minutes of the January 12, 2009, Regular Meeting held at
7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 1220-1 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 9 '/~,
EMERGENCY MEDICAL SERVICES, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, FOR THE
PURPOSE OF UPDATING THE ORDINANCES RELATIVE TO
EMERGENCY MEDICAL SERVICES; PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION -REGARDING
THE APPOINTMENT OF MR. QUENTIN WILTZ TO POSITION NO. 1
ON THE PARKS AND RECREATION AND BEAUTIFICATION
BOARD FOR AN UNEXPIRED TERM EXPIRING NOVEMBER 1,
2010. Mayor Tom Reid.
D. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-26 - 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 BEING LOT 9,
BLOCK "F", OF THE TOWN OF PEARLAND, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 29, PAGE 41 OF THE
DEED RECORD OF BRAZORIA COUNTY, TEXAS (LOCATED
AT 2117 NORTH HOUSTON AVENUE), CONDITIONAL USE
PERMIT APPLICATION NO. CUP2009-01, TO PERMIT A
GARAGE IN OLD TOWNSITE MIXED USE (OT-MU)
DISTRICT, AT THE REQUEST OF WILLIAM AND MARJORIE
BALDY, APPLICANTS AND OWNERS, 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.
E. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-27 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, BEING 6.1198
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ACRE TRACT OF LAND AS CONVEYED TO DENNIS J.
WALTERS AND WIFE VICKI Z. WALTERS BY WARRANTY
DEED WITH VENDOR'S LIEN DATED MAY 20, 1986 AND
FILED FOR RECORD UNDER VOLUME 86-280, PAGE 474
OF THE BRAZORIA COUNTY DEED RECORDS, AND ALSO
BEING A PORTION OF LOT 7 OF THE ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION AS SHOWN
ON PLAT FILED FOR RECORD UNDER VOLUME 2, PAGE 23
OF THE BRAZORIA COUNTY PLAT RECORDS (LOCATED
AT 1709 STONE ROAD), CONDITIONAL USE PERMIT
APPLICATION NO. CUP2009-03, TO PERMIT A CELLULAR
COMMUNICATIONS TOWER, IN SUBURBAN RESIDENTIAL -
12 (SR-12) DISTRICT, AT THE REQUEST OF VERIZON
WIRELESS, APPLICANT, AND DENNIS & VICKI WALTERS,
OWNERS, 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.
F. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1374 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ~ DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF 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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G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-14 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SALE
OF CERTAIN REAL PROPERTY IN ACCORDANCE WITH
LOCAL GOVERNMENT CODE, SECTION 272.001.
Mr. Darrin Coker, City Attorney.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS
1. 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
2009; 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.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1376 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
SUPPORTING THE CITY'S PARTICIPATION IN THE TEXAS
ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE (ACT), DESIGNATING A LIAISON FOR
COMMUNICATION WITH INTERESTED PARTIES, AND
NOMINATING NEELA, INC. TO THE OFFICE OF THE
GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT)
THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK)
AS AN ENTERPRISE PROJECT (PROJECT). Mr. Kyler Cole,
Old Townsite ED Coordinator.
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3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1375 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
RENAMING SPECTRUM BLVD AS WATER LIGHTS
PARKWAY; CONTAINING A REPEALER CLAUSE.
Mr. Narciso Lira, City Engineer.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-15 - 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 FOR CONSTRUCTION OF A
PORTION OF WATER LIGHTS PARKWAY. Mr. Bill Eisen, City
Manager.
5. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1356-1 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1356,
THE 2008-2009 ANNUAL BUDGET ORDINANCE, BY;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO FACILITATE THE
CHANGES IDENTIFIED HEREIN WITHOUT FURTHER
APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE,
AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY
BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen,
City Manager.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-12 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO QUIET
ZONE CROSSING AGREEMENT WITH BNSF RAILROAD.
Mr. Trent Epperson, Project Director.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 82009-13 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE OF PATROL VEHICLES. Mr. Bill Eisen, City
Manager.
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8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-11 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONSTRUCTION MANAGEMENT AND INSPECTION
AGREEMENT FOR THE BELTWAY 8/SH 288 UTILITIES
PROJECT. Mr. Trent Epperson, Project Director.
9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-16 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION AGREEMENT ASSOCIATED WITH THE
CULLEN PARKWAY PROJECT. Mr. Trent Epperson, Project
Director.
10. CONSIDERATION AND POSSIBLE ACTION -REGARDING
APPOINTMENTS TO THE 2009 CHARTER REVIEW
COMMISSION. Mayor Tom Reid.
OTHER BUSINESS: None
XI. ADJOURNMENT
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Young Lorfina at 281-412-8101 prior to the meeting so that appropriate
arrangements can be made.
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