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2009-06-08 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA Added New Business No. 6 & No. 9 and Executive Session No. 3 AGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 8, 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. 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 May 11, 2009, Regular Meeting held at 7:30 p.m. 2. Minutes of the May 18, 2009, Special Meeting held at 6:00 p.m. Page 1 of 6 - 6/8/2009 3. Minutes of the May 18, 2009, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MAY 18, 2009, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 1382 - 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 ROAD, UTILITY AND DRAINAGE IMPROVEMENTS AND A WATER/SEWER/ DRAINAGE EASEMENT 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. D. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 1383 - 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. Page 2 of 6 - 6/8/2009 E. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 1384 - 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 ROAD, UTILITY AND 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. F. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF A LIGHT FOAM APPARATUS FOR THE FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR NEWSPAPER PUBLICATION SERVICES TO A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-64 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A ZONE CHANGE FOR CERTAIN REAL PROPERTY ON PLAT FILED FOR RECORD AS A PARCEL OF LAND CONTAINING APPROXIMATELY 0.5716 ACRES (24,900 SQUARE FEET), MORE OR LESS, BEING A PORTION OF LOT 1 AND ALL OF LOT 2, BLOCK 15, MIMOSA ACRES, CONVEYED FROM KENNETH W. QUINN AND WIFE, BARBARA QUINN, TO BRAZORIA DRAINAGE DISTRICT NO. 4 AS RECORDED IN FILE NO. 2007050415 OFFICIAL Page 3 of 6 - 6/8/2009 RECORDS, BRAZORIA COUNTY ,TEXAS (O.R.B.C.T.) AND ALSO RECORDED IN VOLUME 7, PAGES 15-16, BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.) AND A PORTION OF PEAR STREET (120' X 30' R.O.W.), AS RECORDED IN VOLUME 7, PAGES 15-16, (B.C.P.R.); (GENERALLY LOCATED AT 2501 FRANCIS DRIVE AND 4807 BROADWAY) ZONE CHANGE APPLICATION NO. 2009-04Z, TO PERMIT A CHANGE IN ZONING CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL-2 (R-2) DISTRICT TO GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4, APPLICANT AND OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. 2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2009-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 141 OF APPROXIMATELY 65 ACRES OF LAND. Mr. Darrin Coker, City Attorney. 3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A REAL ESTATE TRANSACTION BY THE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL DISTRICT OF FORT BEND COUNTY. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE OTHER VICTIM'S ASSISTANCE GRANT ("OVAG") THROUGH THE OFFICE OF THE ATTORNEY GENERAL. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE RESOLUTION NO. R2009-66. City Council. 5A. 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. Page 4 of 6 - 6/8/2009 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-100 - 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 ASSOCIATED WITH THE ORANGE STREET/TOWN DITCH PROJECTS. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.087 -CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. Mr. Bill Eisen, City Manager. 3. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY -CITY FACILITIES. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: 7. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. 8. CONSIDERATION AND POSSIBLE ACTION - DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. City Council. 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY -CITY FACILITIES. City Council. XI. ADJOURNMENT Page 5 of 6 -.6/8/2009 This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1840 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 aq~enda was posted in a place convenient to the general public at City Hall on the 5t day of June 2009, at 6:00 p.m. wuuw .~`'`~NDh'% $~ is ~ Y ng Lorf~ C Secr ry ~~~~ Agenda removed day of June 2009. Page 6 of 6 - 6/8/2009