2009-02-23 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 23, 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
I1. 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 February 2, 2009, Special Meeting held at
6:00 p.m.
2. Minutes of the February 9, 2009, Regular Meeting held at
7:30 p.m.
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CITY SECRETARY
OFFICE
B. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-28 - 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 UNDER TRACT 1 WITH 2.0 ACRES AND
TRACT 2 WITH 3.8897 ACRES OUT OF RESERVE "A" IN THE
REPEAT OF CORRIGAN ADDITION SECTION 1 (VOLUME 2,
PGS 97-98 B.C.P.R) WEST SIDE PLAZA SUBDIVISION, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT
5074 W BROADWAY STREET, PEARLAND TX.),
CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-
04, TO PERMIT A CHURCH, IN THE NEIGHBORHOOD
SERVICES (NS) DISTRICT, AT THE REQUEST OF EDDIE L.
GLADNEY, APPLICANT, AND PEARLAND WESTSIDE
ASSOCIATES, LTD., 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.
C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-60 - 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, 6.5953 ACRES LOCATED IN
THE H.T & B.R.R. CO. SURVEY., ABSTRACT 232, IN THE
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS AS
SHOWN ON THE AMENDING PLAT OF MYKAWA
INVESTMENTS CLERK'S FILE NO. 97-016096 B.C.C.O;
REMAINDER OF A 12.00 ACRES THIRD COAST PACKAGING
INC. CLERK'S FILE NO. 97-016096 B.C.C.O.; AND 2.9125
ACRES THIRD COAST PACKAGING, INC. CLERK'S FILE NO.
00 022591 B.C.C.O., LOCATED ON 1871 MYKAWA ROAD,
(ZONE CHANGE APPLICATION NO. 2009-01Z), FROM
CLASSIFICATION HEAVY INDUSTRIAL (M-2) TO PLANNED
DEVELOPMENT (PD), AT THE REQUEST OF STEPHEN
ENGBROCK, APPLICANT FOR THIRD COAST PACKAGING,
OWNER, PROVIDING FOR AN AMENDMENT OF THE
ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
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A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL READING OF ORDINANCE NO. 2000-T-10 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS
OF THE UNIFIED DEVELOPMENT CODE OF THE CITY,
SPECIFICALLY REGARDING PLATTING FOR SINGLE
FAMILY LOTS WITH EXISTING STRUCTURES; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr Mike Hodge,
Assistant City Manager.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1373 - AN
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
PEARLAND, TEXAS CERTIFICATES OF OBLIGATION,
SERIES 2009; PRESCRIBING THE TERMS AND FORM
THEREOF; PROVIDING FOR THE PAYMENT OF THE
PRINCIPAL THEREOF AND INTEREST THEREON;
AWARDING THE SALE THEREOF; AUTHORIZING THE
PREPARATION AND DISTRIBUTION OF AN OFFICIAL
STATEMENT TO BE USED IN CONNECTION WITH THE
SALE OF THE CERTIFICATES; AUTHORIZING THE
PURCHASE OF BOND INSURANCE; MAKING OTHER
PROVISIONS REGARDING SUCH CERTIFICATES,
INCLUDING USE OF THE PROCEEDS THEREOF, AND
MATTERS INCIDENT THERETO; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION -REGARDING
THE CERTIFICATES OF OBLIGATION BOND SALE, SERIES
2009A FOR THE UNIVERSITY OF HOUSTON PEARLAND
CAMPUS. Mr. Bill Eisen, City Manager.
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3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-27 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS DECLARING INTENTION
TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen,
City Manager.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-28 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT AS
PREPARED BY THE ACCOUNTING FIRM OF NULL-
LAIRSON. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-26 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS APPROVING AN
APPLICATION FOR HOME FUNDS TO FINANCE SUCH
PROJECT. Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-29 - 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 AND AN AMENDED
MEMORANDUM OF UNDERSTANDING WITH BRAZORIA
DRAINAGE DISTRICT NO. 4 ASSOCIATED WITH THE EAST
MARY'S CREEK REGIONAL DETENTION FACILITY.
Mr. Trent Epperson, Project Director.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-30 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES ASSOCIATED WITH THE MCHARD
ROAD EXTENSION PROJECT. Mr. Trent Epperson, Project
Director.
8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-33 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
UTILITY REMOVAL SERVICES ASSOCIATED WITH THE
DIXIE FARM ROAD PROJECT (PHASE 2).
Mr. Trent Epperson, Project Director.
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9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-32 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CHANGING THE
REGULAR MEETING TIMES AND DATES FOR MARCH 2009.
Mr. Darrin Coker, City Attorney.
10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-34 - A RESOLUTION URGING THE TEXAS
CONGRESSIONAL DELEGATION TO REQUEST AND
SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF
ENGINEERS GENERAL RE-EVALUATION REPORT ON
CLEAR CREEK FOR THE FISCAL YEAR 2010. Mr. Bill Eisen,
City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY -REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH COLE'S FLEA MARKET.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS CONTINUED:
11. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA
MARKET. City Council.
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, Sonia Webb, 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 18th day of February 2009, at 5:30 p.m.
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Sonia Webb
Deputy City Secretary
Agenda removed~~day of February 2009.
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