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2010-02-22 CITY COUNCIL MEETING AGENDAAGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 22, 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. 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 February 1, 2010, Special Meeting held at 6:00 p.m. 2. Minutes of the February 8, 2010, Regular Meeting held at 7:30 p.m. SCANNED MAR 092010 CITY SECRETARY OFFICE Page 1 of 5 — 2/22/2010 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF DIGITAL MOBILE RADIOS. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-37 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 8.870 ACRES (386,368 SQUARE FEET) MORE OR LESS BEING THAT SAME CERTAIN TRACT CONVEYED FROM EASTGROUP-LNH CORPORATION TO PALMS PROPERTIES. L.L.C. AS RECORDED IN FILE NO. 96-021151, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, SAME BEING OUT OF LOT 20, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID 8.870 ACRE TRACT BEING SITUATED IN THE H.T. & B. R.R. CO. SURVEY, SECTION 85, ABSTRACT NO. 304, IN BRAZORIA COUNTY. TEXAS, LOCATED AT 2850 WOOTEN RD., PEARLAND TX, (CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-19), TO ALLOW THE CO - LOCATION OF A CELLULAR ANTENNA IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT, AT THE REQUEST OF CLEAR WIRELESS, LLC, APPLICANT FOR GTP ACQUISITION PARTNERS II, LLC, OWNERS, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS Page 2 of 5 — 2/22/2010 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 — REMOVE FROM TABLE ORDINANCE NO. 569-3. City Council. 1A. 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. 2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING USAGE AND MEMBERSHIP FEES FOR THE CITY'S RECREATION CENTER AND NATATORIUM. Ms. Michelle Smith, Director of Parks and Recreation. Page 3 of 5 — 2/22/2010 CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A DISCOUNT FOR CITY OF PEARLAND EMPLOYEES ON FEES FOR PROGRAMS AND MEMBERSHIPS AT THE CITY'S RECREATION CENTER AND NATATORIUM. Ms. Michelle Smith, Director of Parks and Recreation. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ARCHITECTURAL SERVICES AGREEMENT ASSOCIATED WITH THE EXISTING PD FACILITY. Mr. Trent Epperson, Project Director. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-26 — 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 THE CITY OF ALVIN, THE CITY OF LEAGUE CITY, ALVIN INDEPENDENT SCHOOL DISTRICT, AND ALVIN COMMUNITY COLLEGE FOR CREATION OF A JOINT POLICE SWAT TEAM. Mr. J.C. Doyle, Police Chief. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING ALVIN COMMUNITY COLLEGE, HOUSTON COMMUNITY COLLEGE, AND SAN JACINTO COLLEGE TO ENTER INTO A COOPERATIVE AGREEMENT TO PROVIDE JOB TRAINING IN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2010-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE EXPENDITURE OF HOTEL/MOTEL TAX REVENUES TO ESTABLISH A GRANT PROGRAM TO SUPPORT CULTURAL AND FINE ARTS PROGRAMS IN THE CITY. Mr. Jon Branson, Assistant City Manager. Page 4 of 5 — 2/22/2010 Xl. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-652-1653 prior to the meeting so that appropriate arrangements can be made. 1, 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 17th day of February 2010, at 5:30 p.m. Agenda removed \1ay of February 2010. Sonia Webb Deputy City Secretary Page 5 of 5 — 2/22/2010