2010-04-12 CITY COUNCIL MEETING AGENDA AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, APRIL 12, 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 Proclamation proclaiming "Crime Victims'
Rights Week."
3. Presentation of Proclamation proclaiming "Public Safety
Telecommunicators Week."
4. Presentation of Proclamation proclaiming "23 Annual
Crawfish Festival Day."
5. Presentation of Certificates of Recognition to Danny Lynn
Scott and Megan Lynn Scott.
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.
SCANNED A. M NSIDSRATION AND POSSIBLE ACTION APPROVAL OF
APR 1 5 2010 1. Minutes of the March 22, 2010, Regular Meeting held at 7:30
p.m.
CITY SECRETARY
OFFICE Page 1 of 6 4/12/2010
2. Minutes of the March 29, 2010, Special Meeting held at 7:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1416 -2010 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 9, ELECTRICITY,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
AMEND SECTION 9 -153, ENTITLED ADOPTED; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1211 -2010 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE
PREVENTION AND PROTECTION, OF THE CITY
OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND
ARTICLE III, ENTITLED FIRE CODE, AND TO AMEND
ARTICLE VI, ENTITLED FIRE LANES; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1209 -2010 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
AMEND SECTION 7 -13, ENTITLED BUILDING CODE
ADOPTED; SECTION 7 -13.1, ENTITLED LOCAL
AMENDMENTS, SECTION 7 -26, ENTITLED SWIMMING POOL
CODE ADOPTED; CONFLICTING PROVISIONS, SECTION
7 -26.1, ENTITLED SAME AMENDMENTS, MODIFICATIONS,
ADDITIONS, DELETIONS, SECTION 7 -51, ENTITLED
MECHANICAL CODE ADOPTED, AND SECTION 7 -51.1,
ENTITLED LOCAL AMENDMENTS, AND TO ADD ARTICLE II
3/4, TO BE ENTITLED EXISTING BUILDING CODE; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
Page 2 of 6 4/12/2010
E. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1296 -2010 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
AMEND ARTICLE V, ENTITLED UNSAFE BUILDING
ABATEMENT; TO AMEND SECTION 7 -81, ENTITLED
RESIDENTIAL CODE ADOPTED; TO AMEND SECTION 7-
81.1, ENTITLED LOCAL AMENDMENTS; TO AMEND
SECTION 7 -82, ENTITLED ENERGY CODE ADOPTED; AND
TO ADD A NEW SECTION 7 -82.1, TO BE ENTITLED LOCAL
AMENDMENTS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 1210 -2010 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 23, PLUMBING
AND GAS, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AMEND SECTION 23 -1, ENTITLED
PLUMBING CODE ADOPTED; SECTION 23 -1.1, ENTITLED
LOCAL AMENDMENTS, SECTION 23 -161, ENTITLED FUEL
GAS CODE ADOPTED, AND SECTION 23- 161.1, ENTITLED
LOCAL AMENDMENTS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
G. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1417 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
Page 3 of 6 4/12/2010
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. 1418 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.
I. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -48 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN
INTERLOCAL COOPERATIVE PRICING ARRANGEMENT
WITH THE HOUSTON GALVESTON AREA COUNCIL (HGAC)
FOR THE PURCHASE OF DIGITAL CAMERA SYSTEMS FOR
THE POLICE DEPARTMENT. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION FIRST
READING OF ORDINANCE NO. 2000M -68 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, LOCATION BEING A TRACT OF
LAND APPROXIMATELY 9.5171 ACRES IN THE W.D.C. HALL
LEAGUE, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS
AND BEING THE RESIDUE OF THAT TRACT SOLD BY NONA
Page 4 of 6 4/12/2010
GAY CARR TO ROSS A. MCCLENDON, AS DESCRIBED IN
DEED RECORDED UNDER BRAZORIA COUNTY CLERK'S
FILE NO. 95- 022654. (GENERALLY LOCATED AT THE 2810
DIXIE FARM ROAD, PEARLAND, TX), (ZONE CHANGE
APPLICATION NO. 2009 -15Z), FROM SINGLE FAMILY
RESIDENTIAL -1 (R -1), TO PLANNED DEVELOPMENT
DISTRICT (PD), AT THE REQUEST OF RON JACKSON WITH
CURRY ARCHITECTURE, APPLICANT FOR ROSS
MCCAMMON, 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.
2. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -49 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR WORKFORCE DEVELOPMENT SERVICES
WITH THE NORTHERN BRAZORIA COUNTY EDUCATION
ALLIANCE. Mr. Matt Buchanan, Executive Director of the
Economic Development Corporation.
3. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -51 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
TAX ABATEMENT AGREEMENT WITH NEELILA, LLC.;
FINDING AND DETERMINING THAT TERMS OF SAID
AGREEMENT MEET THE REQUIREMENTS OF CHAPTER
312 OF THE TAX CODE, V.A.T.S. AS AMENDED,
ORDINANCE NO. 1353, ESTABLISHING REINVESTMENT
ZONE #20, AND THE GUIDELINES AND CRITERIA FOR
GOVERNING REINVESTMENT ZONES AND TAX
ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION
NO. R2006 -121. Mr. Kyler Cole, Old Townsite ED Coordinator.
4. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -50 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS AUTHORIZING A LEASE
AGREEMENT WITH KEEP PEARLAND BEAUTIFUL.
Mr. Bill Eisen, City Manager.
Page 5 of 6 4/12/2010
5. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -47 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, WAIVING CERTAIN
PENALTIES AND INTEREST FOR TAX ACCOUNT NO. 0800-
3000 -0055 AS REQUIRED BY TEXAS TAX CODE SECTION
33.011(a)(1). Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 PERSONNEL MATTERS
DISCUSSION REGARDING CITY MANAGER'S
EVALUATION AND PERFORMANCE GOALS FOR 2009
2010. City Council.
NEW BUSINESS CONTINUED:
6. CONSIDERATION AND POSSIBLE ACTION DISCUSSION
REGARDING CITY MANAGER'S EVALUATION AND
PERFORMANCE GOALS FOR 2009 2010. 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 r day of April 2010, at 5:30 p.m.
4 TA
Sonia Webb
41%vortfi,w„+l Deputy City Secretary
Agenda removed lay of April 2010.
Page 6 of 6 4/12/2010