2009-07-13 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JULY 13, 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. Introduction of Bonita Hall Director of Human Resources and
Safety Management and David Whittaker Director of Inspection
Services.
2. 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 BL 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 June 15, 2009, Joint Public Hearings held at
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2. Minutes of the June 15, 2009, Special Meeting held at 7:00
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CITY SECF:E
OFFi:~ Page 1 of 7 - 7/13/2009
3. Minutes of the June 22, 2009, Regular Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1395 - 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.
C. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1396 - 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.
D. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-112 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPOINTING THE
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR,
RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE
EFFECTIVE TAX RATE AND ROLL BACK RATE FOR TAX
YEAR 2009. Mr. Bill Eisen, City Manager.
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IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-62 - 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, 10.0 ACRES OF LAND, BEING
10.000 ACRES OF LAND OUT OF THE NORTHWEST ONE
QUARTER OF THE SECTION 17, H.T. AND B.R.R. SURVEY,
ABSTRACT 242, PEARLAND TEXAS AND BEING PART OF
THE TRACTS DESCRIBED AT VOLUME 1757, PAGE 661
AND VOLUME 1757 PAGE 665, BRAZORIA COUNTY DEED
RECORDS (BCDR) (GENERALLY LOCATED EAST OF
CULLEN BOULEVARD, WEST OF TRANQUILITY LAKES
DEVELOPMENT AND SOUTH OF BROADWAY (ZONE
CHANGE APPLICATION NO. 2009-03Z), FROM
CLASSIFICATION GENERAL COMMERCIAL (GC) TO MULTI
FAMILY-PLANNED DEVELOPMENT (MF-PD), AT THE
REQUEST OF BLAKE RUE, APPLICANT, ON THE BEHALF
OF GLASS 518 JOINT VENTURE, OWNER, PROVIDING FOR
AN AMENDMENT OF THE ZONING DISTRICT MAP;
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 - FIRST
READING OF ORDINANCE NO. 2000M-64 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, FOR
AMENDMENTS TO THE PREVIOUSLY APPROVED
BELLAVITA PLANNED DEVELOPMENT, A CERTAIN REAL
PROPERTY, 211.9140 ACRES LOCATED IN THE W.D.C.
HALL SURVEY, A-23 HARRIS CO., TX (BELLAVITA AT
GREEN TEE), (GENERALLY LOCATED NORTH OF
BROADWAY STREET AND WEST OF DIXIE FARM ROAD),
(ZONE CHANGE APPLICATION NO. 2009-06Z), AT THE
REQUEST OF RENEE L. MCGUIRE, APPLICANT, FOR
GREEN-HOLLOW LTD., OWNER, TO PERMIT R-4 ZONING
YARD REQUIREMENTS AND LOT COVERAGE, PROVIDING
FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
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CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000-T-11 - 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 REDUCTIONS IN M-1 AND M-2
DEVELOPMENT REQUIREMENTS, CHANGE IN PARKING
REQUIREMENT, ACCESSORY STRUCTURES, AND POOLS,
ETC.; 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.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1399 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND
CREATING THE OFFICE OF CITY MARSHAL,
ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY
MARSHAL, PROVIDING FOR SUPERVISION OF THE CITY
MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE
MARSHAL'S AUTHORITY; CONTAINING A REPEALING
CLAUSE, A SAVINGS CLAUSE AND; A SEVERABILITY
CLAUSE AND PROVIDING FOR CODIFICATION.
Mr. Darrin Coker, City Attorney.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-111 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND
ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF
$3,140,000 UNLIMITED TAX REFUNDING BONDS, SERIES
2009. Mr. Darrin Coker, City Attorney.
6. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1397 - AN
ORDINANCE AUTHORIZING SECOND AMENDMENT OF
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
PEARLAND, TEXAS WATER AND SEWER SYSTEM
ADJUSTABLE RATE REVENUE BONDS, SERIES 1999;
PROVIDING FOR THE CONVERSION TO FIXED RATE OF
CERTAIN OF SUCH BONDS; AUTHORIZING AND RATIFYING
CERTAIN ACTIONS OF CITY OFFICIALS WITH REGARD TO
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SUCH CONVERSION; AND ENACTING OTHER PROVISIONS
RELATING THERETO; AND DECLARING AN EMERGENCY.
Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-113 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AN
ASSIGNMENT AND ASSUMPTION AGREEMENT.
Mr. Darrin Coker, City Attorney.
8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-114 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
SUBMISSION OF TWO SOLID WASTE GRANT
APPLICATIONS TO HOUSTON-GALVESTON AREA COUNCIL
("HGAC"). Ms. Michelle Smith, Director of Parks and
Recreation.
9. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 531-1 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, FOR THE
PURPOSE OF ALLOWING SALES OF ALCOHOLIC
BEVERAGES IN CERTAIN NONCONTIGUOUS AREAS BY
MIXED BEVERAGE PERMIT HOLDERS; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, -
AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
10. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1398 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF SECTION 545.356, TEXAS
TRANSPORTATION CODE, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND (CULLEN
PARKWAY), AS SET OUT IN THIS ORDINANCE; PROVIDING
A PENALTY; AND DECLARING AN EMERGENCY.
Mr. Bill Eisen, City Manager.
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11. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-116 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN
HARGROVE FOR ENGINEERING SERVICES. Mr. Bill Eisen,
City Manager.
12. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-110 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, RESPONDING TO
THE APPLICATION OF CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC TO REVISE CERTAIN DISCRETIONARY
CHARGES; SUSPENDING THE EFFECTIVE DATE FOR
ANOTHER NINETY DAYS; AUTHORIZING THE SETTING OF
INTERIM RATES; AUTHORIZING THE CITY TO
PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE
TEXAS COAST UTILITIES COALITION ("TCUC");
AUTHORIZING THE HIRING OF COUNSEL AND EXPERTS
THROUGH TCUC; REQUIRING THE REIMBURSEMENT OF
COSTS; AUTHORIZING THE CITY'S INTERVENTION AS
PART OF TCUC AT THE PUBLIC UTILITY COMMISSION OF
TEXAS IN DOCKET NO. 37105; DETERMINING THAT THE
MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS
ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY -REGARDING POTENTIAL LITIGATION.
Mr Darrin Coker, City Attorney.
NEW BUSINESS CONTINUED:
13. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION.
XI. 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.
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I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify
that the foregoing public notice was posted in a place convenient to the general
public at City Hall on the 8th day of July 2009, at 7:00 p.m.
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Agenda removed G~ day of July 2009.
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