2010-06-28 CITY COUNCIL MEETING AGENDA AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 28, 2010, AT 7:30
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
11. 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 June 7, 2010, Special Meeting held at 7:00
p.m.
2. Minutes of the June 14, 2010, Regular Meeting held at 7:30
p.m.
B. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 943 -18 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCANNED D, TEXAS, AMENDING THE CITY'S
COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A
JUL 0 7 2010 SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY
CITY SECRETARY Page 1 of 7 6/28/2010
OFFICE
IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION. Mr. Mike Hodge, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 2000 -T -12 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS
OF THE UNIFIED DEVELOPMENT CODE OF THE CITY;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Mike Hodge, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1421 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.
E. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 1420 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
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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.
F. CONSIDERATION AND POSSIBLE ACTION EXCUSE
COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE
JUNE 14, 2010, REGULAR COUNCIL MEETING.
City Council.
G. CONSIDERATION AND POSSIBLE ACTION REGARDING
THE APPOINTMENT OF A CITY COUNCIL
REPRESENTATIVE ON THE AUDIT COMMITTEE.
Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION REGARDING
THE APPOINTMENT OF MS. FOREST SMITH TO SERVE ON
THE PARKS, RECREATION BEAUTIFICATION BOARD
POSITION NO. 5 FOR AN UNEXPIRED 3 -YEAR TERM
EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE 2000CUP -39 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT APPROXIMATELY 57.231 ACRE TRACT OF LAND,
OUT OF TRACTS 41, 42, 55, 56, 57 IN THE ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION AS RECORDED IN
PLAT BOOK 2, PAGE(S) 24 OF THE BRAZORIA COUNTY
PLAT RECORDS, LOCATED IN THE H.T. AND B. COMPANY
SURVEYS, SECTION 20, ABSTRACT 506 IN BRAZORIA
COUNTY TEXAS, AND A TRACT OF LAND CONTAINING 3.0
ACRES, MORE OR LESS, OUT OF LOT 54 OF THE ALLISON
RICHEY GULF COAST HOME SUBDIVISION OF THE H.T.
AND B.R.R. COMPANY SURVEY, SECTION 20, ABSTRACT
506, BRAZORIA COUNTY. GENERALLY LOCATED AT 2310
CULLEN BLVD. AND 2426 CULLEN BLVD, PEARLAND,
TEXAS (CONDITIONAL USE PERMIT APPLICATION NO.
CUP 2010 -04) TO ALLOW A CEMETERY USE THAT IS
LOCATED IN THE CULLEN -MIXED USE (C -MU) ZONING
DISTRICT AT THE REQUEST OF JANICE AND BONNIE
HOWARD, APPLICANTS AND OWNERS, AND THERESA
AND ERIC WALLS, OWNERS OF THE 3.0 ACRE TRACT OF
LAND, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN
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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.
J. CONSIDERATION AND POSSIBLE ACTION FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP -42 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 1.24
ACRE (53,811 SQUARE FEET) PARCEL SITUATED IN THE
PERRY AUSTIN LEAGUE, ABSTRACT 111, BRAZORIA
COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.2438
ACRE TRACT CONVEYED TO STEVE TOWNSEND BY DEED
RECORDED UNDER VOLUME 1441, PAGE 979 OF THE
BRAZORIA COUNTY OFFICIAL PUBLIC RECORDS.
GENERALLY LOCATED AT 1411 BROADWAY STREET,
PEARLAND TEXAS (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2010 -01) TO ALLOW THE SHARED
USE OF ANTENNA ON AN EXISTING CELLULAR
COMMUNICATIONS TOWER IN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT WITH CONDITIONS,
AT THE REQUEST OF BLAKE GRIGGS WITH CLEAR
WIRELESS LLC., APPLICANT FOR STEVE TOWNSEND
OWNER, 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 RESOLUTION
NO. R2010 -88 A RESOLUTION RECOGNIZING THE
SERVICES AND CONTRIBUTIONS OF KEVIN COLE. Mayor
and Council.
2. CONSIDERATION AND POSSIBLE ACTION REMOVE
FROM TABLE RESOLUTION NO. R2010 -69. City Council.
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2A. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -69 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING A BOND
ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF
$1,195,000 UNLIMITED TAX BONDS, SERIES 2010A.
Mr. Darrin Coker, City Attorney.
3. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -84 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, "CITY RESPONDING
TO THE APPLICATION OF TEXAS -NEW MEXICO POWER
COMPANY'S REQUEST FOR APPROVAL OF ADVANCED
METERING SYSTEM "AMS DEPLOYMENT PLAN AND
REQUEST FOR AMS SURCHARGES; AUTHORIZING THE
CITY TO PARTICIPATE IN A COALITION OF CITIES KNOWN
AS THE ALLIANCE OF TNMP MUNICIPALITIES "ATM
AUTHORIZING THE CITY'S INTERVENTION IN PUC DOCKET
NO. 38306 AS PART OF ATM; AUTHORIZING THE HIRING
OF COUNSEL AND EXPERTS THROUGH ATM; REQUIRING
THE REIMBURSEMENT OF COSTS; DETERMINING THAT
THE MEETING COMPLIED WITH THE TEXAS OPEN
MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
4. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -89 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO
AGRICULTURAL EXEMPT PROPERTY DEVELOPMENT
AGREEMENTS ASSOCIATED WITH THE ANNEXATION OF
CERTAIN PROPERTIES IN THE CITY. Mr. Bill Eisen, City
Manager.
5. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -87 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
DEVELOPMENT AGREEMENT ASSOCIATED WITH THE
EXTENSION OF DISCOVERY BAY DRIVE. Mr. Bill Eisen, City
Manager.
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6. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -85 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR TRAFFIC ENGINEERING SERVICES
ASSOCIATED WITH TRAFFIC SIGNALIZATION.
Mr. Narciso Lira, City Engineer.
7. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -90 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING THE
FUNDING PLAN FOR THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen,
City Manager.
8. CONSIDERATION AND POSSIBLE ACTION RESOLUTION
NO. R2010 -86 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH CITY OF BEAUMONT FOR
COOPERATION IN THE PURCHASE OF VARIOUS GOODS
AND SERVICES. Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 REAL PROPERTY DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY CITY FACILITES.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.074 PERSONNEL MATTERS
DISCUSSION REGARDING CITY MANAGER'S ANNUAL
GOALS FOR 2010 -2011. City Council.
NEW BUSINESS CONTINUED:
9. CONSIDERATION AND POSSIBLE ACTION REGARDING
THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY CITY FACILITIES. City Council.
10. CONSIDERATION AND POSSIBLE ACTION REGARDING
CITY MANAGER'S ANNUAL GOALS FOR 2010 -2011.
City Council.
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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, 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 23 day of June 2010, at 5:30 p.m.
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Agenda removed y of June 2010.
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