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2009-03-23 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, MARCH 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 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, Ronnie Jones, Crew Leader, Parks and Recreation. 3. Recognition of the Part-Time Employee of the Quarter, Jacob Reeder, Part-Time Ball Field Attendant, Parks and Recreation. 4. Recognition of Part-Time Employee of the Year, Daniel Rodriguez, Part-Time Ball Field Attendant, Parks and Recreation 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. ~9 ~Sd~ / t4. 7~~9 Page 1 of 4 - 3/23/2009 CITY ~EC~ET~r~° OFFICE A. CONSIDERATION AND POSSIBLE ACTION -APPROVAL OF MINUTES: 1. Minutes of the February 16, 2009, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the March 16, 2009, Joint Public Hearings held at 6:30 p.m. 3. Minutes of the March 16, 2009, Regular Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-09 - 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 5070 W BROADWAY STREET, PEARLAND TX.), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2009- 05), 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. X. XI. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CULLEN PARKWAY DETENTION POND. Mr. Trent Epperson, Project Director. Page 2 of 4 - 3/23/2009 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 543-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. 3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH RESTROOM FACILITIES FOR THE CENTENNIAL PARK EXPANSION. Mr. Ed Grossenheider, Park and Building Maintenance Superintendent. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH OTHON, INC. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY -REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 3. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. Page 3 of 4 - 3/23/2009 NEW BUSINESS CONTINUED: 5. CONSIDERATION AND POSSIBLE ACTION -REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH OTHON, INC. City Council. 6. CONSIDERATION AND POSSIBLE ACTION -REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. 7. 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 Lorfinq 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 18th day of March 2009, at 6:00 p.m. ~ ~ d.~' + '~ Y ng L ng, TRM y Secretary ~~~~~~ Agenda removed' '~~day of March 2009. Page 4 of 4 - 3/23/2009