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2009-04-27 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, APRIL 27, 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, Sharlene Connevey, Accounts Payable Clerk, Finance Department. 3. Presentation of Proclamation proclaiming "Crime Victim's Rights Week." 4. Presentation of Proclamation proclaiming "Motorcycle Safety Awareness Month." 5. Presentation of Proclamation proclaiming "Arson Awareness Week." 6. Presentation of Proclamation proclaiming "American Humane's Be Kind to Animals Week." 7. Recognition of graduates from the City of Pearland's Citizen Emergency Response Team (CERT). IV. COUNCIL ACTIVITY REPORTS 1. Events attended and upcoming events. ~~ ~ ~" ,~~,. ,- ~ „ ~, ~'.= ~' ~~~a, f1~9 `.~ J~yq'~~ll'. „ iJ~ ~' 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 Page 1 of 6 - 4/27/2009 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 April 13, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 1381 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF PEARLAND TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN. Mr. Narciso Lira, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A SUPPLY CONTRACT FOR WASTEWATER POLYMER. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ELECTRICAL AND SCADA SERVICES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY, INVESTMENT STRATEGY AND APPROVED BROKERS IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-30 - 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 3.00 ACRES OF LAND OUT OF 14.2863 ACRES OF LAND OUT OF LOTS 6 AND 7 OF A SUBDIVISION Page 2 of 6 - 4/27/2009 IN THE JAMES HAMILTON SURVEY, ABSTRACT 881, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 83, PAGE 342, OF THE DEED RECORDS OF HARRIS COUNTY, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (LOCATED AT 1111 SH 288, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-06, TO PERMIT A HOTEL, IN THE BUSINESS PARK 288 (BP-288) DISTRICT, AT THE REQUEST OF MEDALLION INVESTMENTS V INC., 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. Mike Hodge, Assistant City Manager. G. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-31 - 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 APPROXIMATELY 5,625 SQUARE FEET OF LOT THREE (3) OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION OF SECTION TEN (10), H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, BRAZORIA COUNTY TEXAS, ACCORDING TO THE RECORDED MAP OR PLAT HEREOF APPEARING IN VOLUME TWO (2), AT PAGE TWENTY-THREE (23) OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7702 THOMSON STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-07, TO PERMIT THE CO- LOCATION ON A CELLULAR COMMUNICATIONS TOWER, IN THE SUBURBAN RESIDENTIAL-12 (SR-12) DISTRICT, AT THE REQUEST OF VINCENT GERARD & ASSOCIATES C/O VERIZON WIRELESS, APPLICANT, AND THOMSON 8 MD, 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. Page 3 of 6 - 4/27/2009 X. MATTERS REMOVED FROM CONSENT AGENDA XI. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-67 - 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 BRAZORIA COUNTY. Mr. Trent Epperson, Project Director. 2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-68 - 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 BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4. Mr. Trent Epperson, Project Director. 3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MCHARD ROAD PROJECT. Mr. Trent Epperson, Project Director. 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR CELLULAR SERVICES. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE. Mr. Darrin Coker, City Attorney. 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ASSIGNMENT AND ASSUMPTION AGREEMENT ASSOCIATED WITH THE CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS. Mr. Darrin Coker, City Attorney. Page 4 of 6 - 4/27/2009 7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH WATER AND SEWER IMPROVEMENTS WEST OF SH 288. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER PROJECT. Mr. Danny Cameron, Director of Public Works. 9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THAT TXDOT EXTEND PROPOSED WIDENING AND IMPROVEMENT OF FM 521 TO BROADWAY STREET. Mr. Bill Eisen, City Manager. 10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-64 - 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 FOR THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE. Mr. Jon Branson, Assistant City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY -REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.072 -REAL PROPERTY -REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS. Mr. Darrin Coker, City Attorney. Page 5 of 6 - 4/27/2009 3. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING CITY MANAGER'S EVALUATION OF PERFORMANCE GOALS FOR 2008 - 2009. City Council. NEW BUSINESS CONTINUED: 11. CONSIDERATION AND POSSIBLE ACTION -REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. 12. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS. City Council. 13. CONSIDERATION AND POSSIBLE ACTION -DISCUSSION REGARDING CITY MANAGER'S EVALUATION OF PERFORMANCE GOALS FOR 2008 - 2009. 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, 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 22"d day of April 2009, at 5:30 p.m. ~~' ~~~~ fry~ii ,ft ~ G g v 6Q 3 ~ G fa Sonia Webb Deputy City Secretary Agenda removed ~~day of April 2009. Page 6 of 6 - 4/27/2009