2010-02-08 CITY COUNCIL MEETING AGENDA - AMENDED AMENDED AGENDA
Added New Business No. 8 and New Business No. 9
AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 8, 2010, 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. Presentation of the Chairman's Award from the Pearland
Chamber of Commerce recognizing the Planning Department,
Inspection Services Department, Engineering Department,
Fire Marshal's Office, Public Works Department, Parks and
Recreation Department, Projects Department and the
Pearland Economic Development Corporation. Pearland
Chamber Of Commerce.
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.
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A. CONSIDERATION AND POSSIBLE ACTION APPROVAL
OF MINUTES:
1. Minutes of the January 25, 2010, Regular Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1406 -2 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1406,
THE 2009 -2010 ANNUAL BUDGET ORDINANCE, BY;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO FACILITATE THE
CHANGES IDENTIFIED HEREIN WITHOUT FURTHER
APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE,
AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1391 AN
ORDINANCE OF THE CITY OF PEARLAND, TEXAS
TEMPORARILY ALTERING THE CITY'S RESIDENTIAL
WASTEWATER CAP CALCULATION; HAVING A SAVINGS
CLAUSE; AND HAVING A SEVERABILITY CLAUSE.
Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE
JANUARY 25, 2010, REGULAR COUNCIL MEETING.
City Council.
E. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -17 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING
DECEMBER 2010. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1392 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 ROAD, DRAINAGE
AND UTILITY 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
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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.
G. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1393 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 ROAD, DRAINAGE
AND UTILITY 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.
H. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1394 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 ROAD, DRAINAGE
AND UTILITY 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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I. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1408 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 ROAD, DRAINAGE
AND UTILITY 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. 1409 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 ROAD, DRAINAGE
AND UTILITY 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.
K. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1410 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 ROAD, DRAINAGE
AND UTILITY IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY
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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.
L. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1411 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 ROAD, DRAINAGE
AND UTILITY 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.
M. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1412 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 ROAD, DRAINAGE
AND UTILITY 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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N. CONSIDERATION AND POSSIBLE ACTION REGARDING
THE APPOINTMENT OF MS. KAREN MCLANE TO SERVE IN
POSITION NO. 6 ON THE LIBRARY BOARD FOR AN
UNEXPIRED TERM EXPIRING NOVEMBER 1, 2012.
Mayor Tom Reid.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -16 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT AS
PREPARED BY THE ACCOUNTING FIRM OF NULL
LAIRSON. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2009 -14 A RESOLUTION AND ORDER OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING
THE HOLDING OF A GENERAL AND SPECIAL ELECTION TO
BE HELD ON SATURDAY, MAY 8, 2010, FOR THE PURPOSE
OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN
AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS
OF THE CITY OF PEARLAND, TEXAS, CERTAIN PROPOSED
CHARTER AMENDMENTS; ESTABLISHING POLLING
PLACES; NAMING CLERKS; AND ESTABLISHING
PROCEDURES FOR SAID REGULAR CITY OFFICERS AND
SPECIAL ELECTION. Mr. Young Lorfing, City Secretary.
3. CONSIDERATION AND POSSIBLE ACTION REMOVE
FROM TABLE ORDINANCE NO. 569 -3. City Council.
3A. CONSIDERATION AND POSSIBLE ACTION FIRST
READING OF ORDINANCE NO. 569 -3 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ARTICLE II, ALARM SYSTEMS, CHAPTER 20,
OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, FOR THE
PURPOSE OF PROVIDING FOR THE RECOVERY OF COSTS
INCURRED BY THE CITY IN RESPONDING TO EXCESSIVE
FALSE ALARMS; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
Mr. J.C. Doyle, Chief of Police.
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4. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -18 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO TWO (2)
LICENSE AGREEMENTS WITH CLEAR WIRELESS, LLC.
Mr. Danny Cameron, Director of Public Works.
5. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -19 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR DESIGN SERVICES ASSOCIATED WITH
THE HILLHOUSE SATELLITE SERVICE CENTER.
Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION REMOVE
FROM TABLE RESOLUTION NO. R2010 -11. City Council.
6A. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -11 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES ASSOCIATED WITH THE KNAPP
ROAD /SH 35 UTILITY RELOCATIONS. Mr. Trent Epperson,
Project Director.
7. CONSIDERATION AND POSSIBLE ACTION FIRST
READING OF ORDINANCE NO. 1012 -1 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING A CURFEW FOR PERSONS UNDER
THE AGE OF 17 YEARS, PROVIDING DEFENSES TO
PROSECUTION FOR VIOLATIONS HEREUNDER,
PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO
DETERMINE ITS EFFECTIVENESS; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE
AND FOR CODIFICATION, AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Mr. Darrin Coker, City Attorney.
8. CONSIDERATION AND POSSIBLE ACTION REGARDING
PROPOSAL A TO THE PROPOSED CHARTER
AMENDMENTS DEALING WITH THE CHARTER REVIEW
COMMISSION'S RECOMMENDATION TO INCREASE THE
NUMBER OF COUNCIL SEATS FROM 5 TO 7. City Council.
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9. CONSIDERATION AND POSSIBLE ACTION REGARDING
PROPOSAL B TO THE PROPOSED CHARTER
AMENDMENTS, ESTABLISHING ABSOLUTE TERM LIMITS (4
TERMS). City Council.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 CONSULTATION WITH CITY
ATTORNEY DISCUSSION REGARDING MUNICIPAL
UTILITY DISTRICT NO. 6. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.072 REAL PROPERTY DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City
Manager.
3. SECTION 551.074 PERSONNEL MATTERS
REGARDING THE APPOINTMENT OF MUNICIPAL
COURT ASSOCIATE JUDGE. City Council.
NEW BUSINESS CONTINUED:
10. CONSIDERATION AND POSSIBLE ACTION REGARDING
MUNICIPAL UTILITY DISTRICT NO. 6. City Council.
11. CONSIDERATION AND POSSIBLE ACTION REGARDING
THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY. City Council.
12. CONSIDERATION AND POSSIBLE ACTION REGARDING
THE APPOINTMENT OF MUNICIPAL COURT ASSOCIATE
JUDGE. 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 8 of 9 2/8/2010
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 5 day of February 2010, at 5:30 p.m.
gLoj1,T C
moo Secr ary
Agenda removed qy of Februa ry 2010. day Page 9 of 9 2/8/2010