2009-09-28 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, SEPTEMBER 28, 2009, AT
7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Events attended and upcoming events.
2. Recognition of the Part-Time Employee of the Quarter,
Mike Girardi, Part-Time Paramedic, EMS.
3. Presentation of a Resolution of Outstanding Service to
Scott J. Sherman by Municipal Utility District No. 26.
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 (lX. 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 31, 2009, Public Hearing -Budget
held at 6:30 p.m.
SCANNED
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SEP 2 41009
CITY SECRETARY
OFFICE
2. Minutes of the August 31, 2009, Public Hearing -Tax Rate
held at 6:30 p.m.
3. Minutes of the August 31, 2009, Regular Meeting held at
7:30 p.m.
4. Minutes of the September 14, 2009, Regular Meeting held
at 7:30 p.m.
5. Minutes of the September 21, 2009, Special Meeting held
at 8:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND
FINAL 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.
C. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF SHARI COLEMAN, POSITION
NO. 3, TO SERVE ON THE ANIMAL SHELTER ADVISORY
COMMITTEE FORA 3-YEAR TERM EXPIRING NOVEMBER
1, 2012. Mayor Tom Reid.
D. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF SUSAN C. DIETERICH,
POSITION NO. 5, TO SERVE ON THE BUILDING/FIRE CODE
BOARD OF ADJUSTMENTS FORA 5-YEAR TERM EXPIRING
NOVEMBER 1, 2014. Mayor Tom Reid.
E. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF BRYAN K. ROLLER, POSITION
NO. 5, TO SERVE ON THE CHANNEL REVIEW BOARD FOR
A 3-YEAR TERM EXPIRING NOVEMBER 1, 2012.
Mayor Tom Reid.
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F. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF TOM POOL, POSITION NO. 1,
AND BRANDON K. DANSBY, POSITION NO. 3, TO SERVE
ON THE DEVELOPMENT AUTHORITY OF PEARLAND FOR A
2-YEAR TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF CHARLIE F. MICHNA, POSITION
NO. 4, TO SERVE ON THE ELECTRICAL BOARD FORA 2-
YEAR TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
H. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF BETTYE M. ALEXANDER,
POSITION NO. 3, AND DR. FRED R. CESSAC, POSITION NO.
6, TO SERVE ON THE LIBRARY BOARD FORA 3-YEAR
TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF MARJORIE WILCOXSON
POSITION NO. 7, TO SERVE ON THE PARKS, RECREATION
& BEAUTIFICATION BOARD FORA 3-YEAR TERM EXPIRING
NOVEMBER 1, 2012. Mayor Tom Reid.
J. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF SUSAN SHERROUSE, POSITION
NO. 5, AND HENRY N. FUERTES, POSITION NO. 3, TO
SERVE ON THE PLANNING & ZONING COMMISSION FOR A
3-YEAR TERM EXPIRING NOVEMBER 1, 2012.
Mayor Tom Reid.
K. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF JO KNIGHT, POSITION NO. 6, TO
SERVE ON THE TAX INCREMENT REINVESTMENT ZONE
NO. 2 FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
L. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF JERRY ACOSTA, ALTERNATE
POSITION NO. A2, MARVIN ELAM, ALTERNATE POSITION
NO. A1, DAVID A.K. SMITH, POSITION NO. 4, AND WILLIAM
D. TOROK, POSITION NO. 2, TO SERVE ON THE ZONING
BOARD OF ADJUSTMENTS FORA 2-YEAR TERM EXPIRING
NOVEMBER 1, 2011. Mayor Tom Reid.
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M. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-160 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR PURCHASE OF FURNITURE FOR THE PUBLIC SAFETY
BUILDING . Mr. Mike Hodge, Assistant City Manager.
N. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-158 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR DEMOLITION SERVICES ASSOCIATED WITH THE
FEDERAL EMERGENCY MANAGEMENT AGENCY "BUYOUT"
PROGRAM. Mr. Mike Hodge, Assistant City Manager.
O. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-36 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, ON A PARCEL OF
LAND CONTAINING 0.9960 ACRES (43,385 SQUARE FEET)
MORE OR LESS BEING ALL OF LOT 2, BLOCK 1
ACCORDING TO THE PLAT OF THE PEARLAND ISD
ADMINISTRATION BUILDING AS RECORDED IN FILE NO.
2008043425, OFFICIAL RECORDS, BRAZORIA COUNTY,
TEXAS, SAID 0.9960 ACRE TRACT BEING OUT OF THAT
CERTAIN TRACT CONVEYED BY WAL-MART REALTY
COMPANY TO PEARLAND INDEPENDENT SCHOOL
DISTRICT AS RECORDED IN FILE NO. 2005071503,
OFFICIAL RECORD, BRAZORIA COUNTY, TEXAS, AND
BEING SITUATED IN THE R.B. LYLE SURVEY, ABSTRACT
NO. 542, BRAZORIA COUNTY, TEXAS, (LOCATED AT 1924
S. MAIN STREET), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2009-12), TO PERMIT A
RESTAURANT WITH A DRIVE THROUGH WINDOW IN THE
LIGHT INDUSTRIAL (M-1) ZONING DISTRICT, AT THE
REQUEST OF PAUL LACHANCE, APPLICANT FOR
PEARLAND INDEPENDENT SCHOOL DISTRICT, 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.
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IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1385 - AN
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF
PEARLAND, TEXAS CERTIFICATES OF OBLIGATION,
SERIES 2009A; PRESCRIBING THE TERMS AND FORM
THEREOF; PROVIDING FOR THE PAYMENT OF THE
PRINCIPAL THEREOF AND INTEREST THEREON;
AWARDING THE SALE THEREOF; AUTHORIZING THE
PREPARATION AND DISTRIBUTION OF AN OFFICIAL
STATEMENT TO BE USED IN CONNECTION WITH THE
SALE OF THE CERTIFICATES; AUTHORIZING THE
PURCHASE OF BOND INSURANCE; MAKING OTHER
PROVISIONS REGARDING SUCH CERTIFICATES,
INCLUDING USE OF THE PROCEEDS THEREOF, AND
MATTERS INCIDENT THERETO; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1386 - AN
ORDINANCE NO. 1386 AN ORDINANCE AUTHORIZING AND
ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS
PERMANENT IMPROVEMENT BONDS, SERIES 2009;
PRESCRIBING THE TERMS AND FORM THEREOF;
PROVIDING FOR THE PAYMENT OF THE PRINCIPAL
THEREOF AND INTEREST THEREON; AWARDING THE
SALE THEREOF; AUTHORIZING THE PREPARATION AND
DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED
IN CONNECTION WITH THE SALE OF THE BONDS;
AUTHORIZING THE PURCHASE OF BOND INSURANCE;
MAKING OTHER PROVISIONS REGARDING SUCH BONDS,
INCLUDING USE OF THE PROCEEDS THEREOF, AND
MATTERS INCIDENT THERETO; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 82009-156 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING A
SPECIAL EVENTS PERMIT. Mr. Jon R. Branson, Assistant
City Manager.
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4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2009-161 - 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 WITH AGGREKO.
Mr. Mike Hodge, Assistant City Manager.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 82009-157 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
O'DAY DRAINAGE PROJECT. Mr. Danny Cameron, Public
Works Director.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 82009-155 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
PRICE SUPPLY CONTRACT FOR SIGNS AND SIGN
MATERIALS. Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 82009-159 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
PEARLAND PARKWAY SANITARY SEWER EXTENSION.
Mr. Mike Hodge, Assistant City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - REMOVE
FROM TABLE RESOLUTION NO. 82009-152. City Council.
8A. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. 82009-152 - 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 - FIRST AND
ONLY READING OF ORDINANCE NO. 1387 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, REVIEWING THE REQUESTED RATE
INCREASE REQUEST OF CENTERPOINT ENERGY ENTEX
("CENTERPOINT"); SETTING AND ESTABLISHING RATES
AND TARIFFS; ORDERING THE REFUND OF BASE RATE
INCREASES IMPLEMENTED ON AUGUST 1, 2009;
ESTABLISHING AN EFFECTIVE DATE FOR THIS
ORDINANCE AND THE IMPLEMENTATION OF NEW RATES;
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PROVIDING FOR FINES FOR NON-COMPLIANCE WITH THIS
ORDINANCE NOT TO EXCEED $500 PER VIOLATION;
PROVIDING FOR A SEVERABILITY CLAUSE; FINDING THAT
THE MEETING COMPLIED WITH THE OPEN MEETINGS
ACT; DECLARING AN EMERGENCY; MAKING SUCH OTHER
FINDINGS AND PROVISIONS RELATED TO THE TOPICS
SET FORTH IN THIS CAPTION. Mr. Darrin Coker,
City Attorney.
10. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1388 - 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 (KIRBY
DRIVE BETWEEN SHADOW CREEK PARKWAY AND
BELTWAY 8), AS SET OUT IN THIS ORDINANCE;
PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY -REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICTS NO. 2 AND 3. Mr. Darrin Coker,
City Attorney.
2. SECTION 551.074 - PERSONNEL MATTERS -
REGARDING APPOINTMENTS TO THE CITY'S
VARIOUS BOARDS AND COMMISSIONS. Mayor Tom
Reid.
NEW BUSINESS CONTINUED:
11. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICTS NO. 2 AND 3.
City Council.
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12. CONSIDERATION AND POSSIBLE ACTION -REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. 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.
I, Sonia Webb, 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 23~d day of September 2009, at 5:30 p.m.
~~attar~at~~l~'r~{
F
,,'~ ~.1~! C ~ U
"~ ~ r$ Sonia Webb
~'"a~„~~,~~r~`"~``, Deputy City Secretary
Agenda removed ~J " day of September 2009.
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