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2009-06-22 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING, OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 22, 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 18, 2009, Joint Public Hearings held at 6:30 pm. 2. Minutes of the June 1, 2009, Special Meeting held at 7:00 p.m. 3. Minutes of the June 8, 2009, Regular Meeting held at 7:30 p.m. Page 1 of 4 - 6/22/2009 IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - .FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-32 - 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 1.727 ACRE TRACT DESCRIBED IN THE BRAZORIA COUNTY CLERK'S FILE NO. 2007014638 AND BEING THE RESIDUE OF 12.843 ACRE TRACT DESCRIBED IN VOLUME 1155, PAGE 604 OF THE BRAZORIA COUNTY DEEDS OF RECORD, SAID 1.727 ACRE TRACT OF THE LAND ALSO BEING SITUATED IN AND PART OF LOTS 21 AND 22, OF THE W. ZYCHLINSKI SUBDIVISION, SECTION 4, E. B. LYLE SURVEY ABSTRACT NO 543, BRAZORIA COUNTY TEXAS. (LOCATED AT 2070 MYKAWA ROAD, PEARLAND TX), CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-08, TO PERMIT A GAS STATION AND RETAIL SUITES IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT, AT THE REQUEST OF BM DESIGN LLC, APPLICANT FOR JK JOSPEH INC, 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. 2. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE RESOLUTION NO. R2009-99. City Council. 2A. 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. R2009-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE Page 2 of 4 - 6/22/2009 FUNDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FUNDING PLAN FOR THE ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT PROGRAM ("EECBG"). Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PROPOSED PROJECT FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT (JAG). Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT ASSOCIATED WITH THE AERIAL RECONNAISSANCE AND DISASTER RESPONSE RECONNAISSANCE. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE CITY OF PEARLAND AS A "GREEN CITY" AND COMMITTING THE CITY TO ACHIEVE SUSTAINABILITY GOALS. Mr. Jon Branson, Assistant City Manager. 8. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 1026-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE .CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, ARTICLE XVI, TRUCK TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, PROVIDING AN EMERGENCY CLAUSE BECAUSE THE NEED TO REGULATE TRUCK ROUTES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC; AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY Page 3 of 4 - 6/22/2009 CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. 9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION ENTERING INTO A CONSULTING SERVICES AGREEMENT. Mr. Fred Welch, Executive Director of Economic Development Corporation. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: 10. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. XL ADJOURNMENT 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, Jane Taylor, 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 17~h day of June 2009, at 5:00 p.m. ne Taylor eputy Cit ecretary .~ Agenda removed•?3 day of-June 2009 Page 4 of 4 - 6/22/2009