2010-02-22 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA
Added Executive Session No. 1 and New Business No. 10
AGENDA — 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.
SCANNED
MAR 0 9 2010
CITY SECRETARY
OFFICE
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 Texas Public Works Association's "In -
House Project of the Year Award" to the Public Works
Department.
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.
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 PMSV
BROADWAY WEST STORAGE, OWNERS, CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
Page 2 of 5 — 2/22/2010
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
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — DISCUSSION REGARDING LABOR
ISSUES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS CONTINUED:
10. CONSIDERATION AND POSSIBLE ACTION — REGARDING
LABOR ISSUES. City Council.
XI. 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.
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 19th day of February 2010, at 5:30 p.m.
oalwilunfri,*
c# '�
Agenda removed oP 3 d y of February 2010.
KU:a_ 1.)r'
Sonia Webb
Deputy City Secretary
Page 5 of 5 — 2/22/2010