2009-11-23 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA
Added New Business No. 7 and Executive Session No. 2
AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 23, 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.
2. Recognition of the Employee of the Quarter, Laticia Fuhr,
Assistant City Attorney!, Legal Department.
3. Recognition of the Employee of the Year, Cheryl Patterson,
Senior Center Program Coordinator, Parks and Recreation
Department.
IV. COUNCIL ACTIVITY REPORTS
1. Events attended and upcoming events.
V. CITY MANAGER'S REPORT
1. Events attended and upcoming events.
VL 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.
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A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the November 9, 2009, Regular Meeting held at
7:30 p.m.
2. Minutes of the November 16, 2009, Special Meeting held
at 6:15 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 1108-1 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 29 1/2, TREES
AND VEGETATION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES AND ESTABLISHING NEW CRITERIA AND
REGULATIONS FOR THE PRESERVATION AND
MANAGEMENT OF PUBLIC TREES OF TREES IN THE CITY
OF PEARLAND, TEXAS; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A CODIFICATION
CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE
DATE. Ms. Michelle Smith, Director of Parks and Recreation.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
MAYOR PRO -TEM FELICIA KYLE'S ABSENCE FROM THE
NOVEMBER 9, 2009, REGULAR COUNCIL MEETING.
City Council.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-191 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
MUTUAL AID AGREEMENT WITH HARRIS COUNTY.
Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-187 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CHANGING THE
REGULAR MEETING TIMES AND DATES FOR DECEMBER
2009, DUE TO THE HOLIDAY SEASON. Mr. Bill Eisen, City
Manager.
F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1406-1 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1406,
THE 2009-2010 ANNUAL BUDGET ORDINANCE, BY;
PROVIDING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE;
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AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT
OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-189 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ACCEPTING GRANT
FUNDS FROM THE U.S. DEPARTMENT OF ENERGY,
ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT ("EECBG") PROGRAM. Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-41 — 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 .6 ACRES OF LOT 9,
BLOCK 7, OF THE HICKORY CREEK SUBDIVISION,
VOLUME 1, PAGE 162 OF THE B.C.M.R. IN THE BRAZORIA
COUNTY PLAT RECORDS, BRAZORIA COUNTY TEXAS
(LOCATED AT 2206 O'DAY ROAD, PEARLAND, TX.),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-
18), TO ALLOW A PROFESSIONAL OFFICE IN THE GARDEN
O'DAY- MIXED USE (GO -MU) ZONING DISTRICT, AT THE
REQUEST OF TRIAD RETAIL CONSTRUCTION, INC.,
APPLICANT, AND FRANK B. HOLDEN & DOROTHY W.
HOLDEN., OWNERS, 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.
I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-40 — 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 TRACT 1 WITH 2.0 ACRES AND TRACT 2
WITH 3.8897 ACRES OUT OF RESERVE "A" IN THE REPLAT
OF CORRIGAN ADDITION SECTION 1 (VOLUME 2, PGS 97-
98 B.C.P.R) WEST SIDE PLAZA SUBDIVISION, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS AND THAT
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CERTAIN 3.8897 ACRES, MORE OR LESS, OUT OF
RESERVE "A", REPLAT OF CORRIGAN ADDITION, SECTION
ONE, RECORDED IN VOLUME 11, PAGE 97-98 OF THE
BRAZORIA COUNTY PLAT RECORDS, PEARLAND, TEXAS
(LOCATED AT 5010 W. BROADWAY STREET, PEARLAND
TX.), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2009-17), TO ALLOW A RESTAURANT IN THE
NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT, AT
THE REQUEST OF MENDIETA FAMILY FOODS INC.,
APPLICANT, AND PEARLAND WESTSIDE ASSOCIATES LP.,
OWNERS, 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.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 187-3 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 15, ARTICLE II, LIBRARY BOARD, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME AMENDED; AND
CONTAINING OTHER MATTERS RELATING TO THE
SUBJECT; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-147 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING THE
CITY'S EMPLOYEE HANDBOOK. Ms. Bonita Hall Director of
Human Resources and Safety Management.
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-188 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR FIBER OPTIC CABLE INSTALLATION SERVICES.
Mr. Bill Eisen, City Manager.
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4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-190 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR LANDSCAPING SERVICES ASSOCIATED WITH THE FM
518 LANDSCAPING PROJECT. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2009-180 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
CENTENNIAL PARK RESTROOMS. Ms. Michelle Smith,
Director of Parks and Recreation and Mr. Ed Grossenheider,
Parks & Building Maintenance Superintendent.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING STRATEGIC PARTNERSHIP
NEGOTIATIONS WITH MUNICIPAL UTILITY DISTRICT
NO. 6. Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 — PERSONNEL MATTERS —
REGARDING THE ECONOMIC DEVELOPMENT
CORPORATION EXECUTIVE DIRECTOR.
Mr. Bill Eisen, City Manager.
NEW BUSINESS CONTINUED:
6. CONSIDERATION AND POSSIBLE ACTION — REGARDING
STRATEGIC PARTNERSHIP NEGOTIATIONS WITH
MUNICIPAL UTILITY DISTRICT NO. 6. City Council.
7. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE ECONOMIC DEVELOPMENT CORPORATION
EXECUTIVE DIRECTOR. 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.
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