2009-07-27 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JULY 27, 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 June 29, 2009, Special Meeting held at 6:00
p.m.
2. Minutes of the June 29, 2009, Special Meeting held at 6:30
p.m.
3. Minutes of the July 6, 2009, Special Meeting held at 6:00
~.. p.m.
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4. Minutes of the July 13, 2009, Regular Meeting held at 7:30
p.m.
5. Minutes of the July 20, 2009, Special Meeting held at 7:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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.
C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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;
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CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
D. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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.
E. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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, Cify Attorney.
F. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
MAYOR PRO-TEM FELICIA KYLE'S ABSENCE FROM THE
JULY 13, 2009, REGULAR COUNCIL MEETING. Cify Council.
G. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE
JULY 13, 2009, REGULAR COUNCIL MEETING. City Council.
H. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1401 - 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 WATER PLANT
IMPROVEMENTS ON CERTAIN REAL PROPERTY
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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.
I. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1400 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE AN
EASEMENT FOR THE CONSTRUCTION OF WATERLINE
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.
J. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1402 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE AN
EASEMENT FOR THE CONSTRUCTION OF WATER AND
SEWER 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.
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K. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-119 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
PRICE SUPPLY CONTRACT FOR TIRES. Mr. Bill Eisen, City
Manager.
L. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-121 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE
CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING
JUNE 2009. Mr. Bill Eisen, City Manager.
M. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-120 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE PURCHASE AND INSTALLATION OF A FUEL
TANK. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-117 - A RESOLUTION RECOGNIZING THE
SERVICES AND CONTRIBUTIONS OF HELEN BECKMAN.
Mayor and Council.
2. 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.
3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-122 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
SUSPENSION OF THE EFFECTIVE DATE OF THE RATES,
SCHEDULES AND TARIFFS OF CENTERPOINT ENERGY
ENTEX ("CENTERPOINT GAS") FOR NINETY DAYS WITH
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REGARD TO THE FILING BY CENTERPOINT GAS WITH THE
CITY ON MAY 1, 2009; REQUIRING CENTERPOINT TO
REIMBURSE REASONABLE RATE CASE EXPENSES;
AUTHORIZING A CITY REPRESENTATIVE TO JOIN A
COALITION OF CITIES TO DIRECT EXPERTS AND SPECIAL
COUNSEL TO ACT ON THE CITY'S BEHALF; AUTHORIZING
THE RETENTION OF SPECIAL COUNSEL AND RATE
CONSULTANT FIRMS; FINDING THAT THE MEETING
COMPLIES WITH THE OPEN MEETINGS ACT; MAKING
SUCH OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE FOR
THE RESOLUTION. Mr. Darrin Coker, City Attorney.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-118 - 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 PINE
HOLLOW PARK. Ms. Michelle Smith, Director of Parks and
Recreation.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-124 - 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. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1403 - 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 545.356, TEXAS TRANSPORTATION
CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND
(MAGNOLIA DRIVE BETWEEN HARKEY ROAD AND
AUDUBON PLACE), AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
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OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY -REGARDING POTENTIAL LITIGATION.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 - PERSONNEL MATTERS -
REGARDING APPOINTMENTS TO THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION.
Mr. Bill Eisen, City Manager.
3. SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY - REGARDING ECONOMIC
DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City
Manager.
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CITY SECi~E
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NEW BUSINESS CONTINUED:
7. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION. City Council.
8. CONSIDERATION AND POSSIBLE ACTION -REGARDING
APPOINTMENTS TO THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION. City Council.
9. CONSIDERATION AND POSSIBLE ACTION -REGARDING
ECONOMIC DEVELOPMENT INCENTIVES. City Council.
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.
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 22"d day of Jul 2009, at 5:30 p
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Agenda removed day of July 2009.
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