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2009-09-14 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, SEPTEMBER 14, 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 August 17, 2009, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the August 24, 2009, Public Hearing -Budget held at 6:30 p.m. SCANNED 3. Minutes of the August 24, 2009, Public Hearing -Tax Rate held at 6:30 p.m. SEP 15 2009 CITY SECRETARY Page 1 of 6 - 9/14/2009 OFFICE 4. Minutes of the August 24, 2009, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 2000M-65 - 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, 1.0 ACRE OF LAND DESCRIBED AS LOT 14, BLOCK 3, SKYWAY MANOR SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2905 FM 1128, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-08Z), FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL-1 (R-1) TO NEIGHBORHOOD SERVICES (NS), ON THE REQUEST OF DR. HUGH PETER PATTON, APPLICANT AND 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 - REMOVE FROM TABLE RESOLUTION NO. R2009-143. City Council. C1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-143 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR HAZARDOUS HOUSEHOLD WASTE COLLECTION SERVICES. Mr. Bill Eisen, City Manager. Page 2 of 6 - 9/14/2009 IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-66 - 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, APPROXIMATELY 2.389 ACRES OF LAND OUT OF LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY (2620 CULLEN PARKWAY, PEARLAND, TX) (ZONE CHANGE APPLICATION NO. 2009-09Z), FROM CLASSIFICATION CULLEN MIXED- USE (C-MU) TO GENERAL BUSINESS (GB), ON THE REQUEST OF JUNG KWAK, APPLICANT AND 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 -SECOND AND FINAL READING OF ORDINANCE NO. 1406 - AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010. Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 1407 - AN ORDINANCE APPROVING A PROPERTY TAX INCREASE THROUGH THE ADOPTION OF A TAX RATE OF $0.6526, WHICH IS A PROPERTY TAX INCREASE OF 0.32% OVER THE EFFECTIVE TAX RATE AND LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2009. Mr. Bill Eisen, City Manager. Page 3 of 6 - 9/14/2009 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE CITY'S DEVELOPMENT FEES FOR A HOUSE TO BE BUILT IN THE CITY BY HABITAT FOR HUMANITY FOR A FAMILY IN NEED. Mr. Mike Hodge, Assistant City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2009-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $6,390,000 UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2009. Mr. Darrin Coker, City Attorney. 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $6,305,000 UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2009. Mr. Darrin Coker, City Attorney. 7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE REGIONAL DETENTION MASTER PLAN. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AFIVE- YEAR CAPITAL IMPROVEMENT PROGRAM (2010-2014). Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION -ORDINANCE NO. 1358-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON- DEVELOPMENT USAGE AND SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EMERGENCY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Page 4 of 6 - 9/14/2009 10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING UNCOLLECTIBLE UTILITY ACCOUNTS FROM THE CITY'S FINANCIAL STATEMENT. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE RESOLUTION NO. R2009-139. City Council. 11A. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR THE DESIGN AND INSTALLATION OF AUDIOVISUAL COMMUNICATIONS EQUIPMENT FOR THE PUBLIC SAFETY BUILDING. Mr. Trent Epperson, Project Director. 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. NEW BUSINESS CONTINUED: 12. 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 281-652-1653 prior to the meeting so that appropriate arrangements can be made. Page 5 of 6 - 9/14/2009 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 10th day of September 2009, at 5:30 p.m. ~ "~, ~~. a _' ~~~ Y ng L m , y Se tary Agenda removed ~~ of September 2009. Page 6 of 6 - 9/14/2009