2010-10-25 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 25, 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. Proclamation "100 Years of Scouting"
3. Certificate for Dale Pillow
4. Proclamation "Choose Health With Sleep Day"
5. Proclamation "Pearland Diwali Celebration 2010"
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 October 4, 2010, Special Meeting held at 6:30
p.m.
Page 1 of 6 — 10/25/2010
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 870 -6 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 30, UTILITIES,
ARTICLE II, RATES AND CHARGES, OF THE CODE OF
ORDINANCES; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION,
AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE
OCTOBER 11, 2010, REGULAR COUNCIL MEETING. City
Council.
D. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF JON BRANSON, POSITION NO.
2, TO SERVE ON THE ANIMAL SHELTER ADVISORY
COMMITTEE FOR A 3 -YEAR TERM EXPIRING NOVEMBER
1, 2013. Mayor Tom Reid.
E CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE APPOINTMENT OF JACK MCGUFF JR., ALTERNATE
POSITION NO. A2, TO SERVE ON THE BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS FOR A 2 -YEAR
TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid.
F. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF DEBBIE SCHIELKE, POSITION
NO. 1, AND MATTIE CULVER, POSITION NO. 2, TO SERVE A
3 -YEAR TERM EXPIRING NOVEMBER 1, 2013, AND
APPOINTMENT OF JIM WRIGHT, ALTERNATE POSITION
NO. A2, FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1,
2012 ON THE CHANNEL REVIEW BOARD. Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF PHIL CESSAC, POSITION NO. 1,
TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A 3-
YEAR TERM EXPIRING NOVEMBER 1, 2013.
Mayor Tom Reid.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF MIKE BESSER, POSITION NO. 1,
TO SERVE A 5 -YEAR TERM EXPIRING NOVEMBER 1, 2015
AND APPOINTMENT OF TODD IOCCO, POSITION NO. 3,
FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2012, ON
THE GAS AND PLUMBING CODE BOARD OF
ADJUSTMENTS AND APPEALS. Mayor Tom Reid.
Page 2 of 6 — 10/25/2010
I. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF RON BAVARIAN, POSITION NO.
1, AND ROBERT KETTLE, POSITION NO. 3, TO SERVE ON
THE ELECTRICAL BOARD FOR A 2 -YEAR TERM EXPIRING
NOVEMBER 1, 2012. Mayor Tom Reid.
J. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF JOEL GUTIERREZ, JR. TO
SERVE IN POSITION NO. 2 ON THE HEALTH FACILITIES
DEVELOPMENT CORPORATION FOR A 2 -YEAR TERM
EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid.
K. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF DR. CATHERINE O'BRIEN TO
SERVE IN POSITION NO. 7 ON THE LIBRARY BOARD FOR A
3 -YEAR TERM EXPIRING NOVEMBER 1, 2013.
Mayor Tom Reid.
L. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF QUENTIN WILZ, POSITION NO.
1, AND APPPOINTMENT OF PETER RIGER, POSITION NO.
4, TO SERVE ON THE PARKS, RECREATION AND
BEAUTIFICATION BOARD FOR A 3 -YEAR TERM EXPIRING
NOVEMBER 1, 2013.
Mayor Tom Reid.
M. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE REAPPOINTMENT OF DALE PILLOW, POSITION NO. 1,
WILLARD BRILEY, POSITION NO. 5, AND SHANNON
MCAULIFFE, ALTERNATE POSITION NO. A3, TO SERVE ON
THE ZONING BOARD OF ADJUSTMENTS FOR A 2 -YEAR
TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid.
N. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP -44 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 4.835
ACRES OF LAND, IN THE H.T. & B.R.R. CO. SURVEY, A -509,
BEING THE REMAINDER OF A CALLED 5 ACRE TRACT OF
THE KARL DUDLEY STEEL SURVEY AS RECORDED IN C.F.
NO. 99 -05721 AND C.F. NO. 00 -07207 OFFICIAL RECORDS
OF BRAZORIA COUNTY, TEXAS, GENERALLY LOCATED AT
3545 HARKEY RD. PEARLAND, TX (CONDITIONAL USE
PERMIT APPLICATION NO. CUP 2010- 07),TO ALLOW A
CHURCH FACILITY IN THE SINGLE FAMILY RESIDENTIAL
Page 3 of 6 — 10/25/2010
(R1) ZONE AT THE REQUEST OF THOMAS OFFENBURGER,
APPLICANT, ON BEHALF OF SILVERLAKE CONGREGATION
OF JEHOVAH'S WITNESSES C/O BENNY GUTIERREZ,
OWNERS, 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 -142 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO SUBMIT EIGHT
PROJECT APPLICATIONS TO THE HOUSTON - GALVESTON
AREA COUNCIL FOR INCLUSION IN THE 2011 -2014
TRANSPORTATION IMPROVEMENT PLAN, AND
ALLOCATING MATCHING FUNDS FOR THE
CONSTRUCTION OF EACH PROJECT. Mr. Trent Epperson,
Project Director.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -141 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INDEMNITY AGREEMENT WITH BRAZORIA COUNTY AND
BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4.
Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -133 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE MAX ROAD SPORTS COMPLEX
AND HICKORY SLOUGH DETENTION POND. Mr. Bill Eisen,
City Manager.
Page 4 of 6 — 10/25/2010
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -143 — A RESOLUTION BY THE CITY OF
PEARLAND, TEXAS, ( "CITY ") RESPONDING TO THE
APPLICATION OF CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC ( CENTERPOINT) FOR AUTHORITY TO
CHANGE RATES AND ADOPT CERTAIN RATE RIDERS;
DENYING CENTERPOINT'S PROPOSED RATE INCREASE;
FINDING THAT THE EXISITING ELECTRIC DISTRIBUTION
RATES OF CENTERPOINT ARE UNREASONABLE AND
SHOULD BE REDUCED; ORDERING CENTERPOINT TO
REDUCE ITS EXISITING RATES WITHIN THE CITY OF
PEARLAND; ORDERING CENTERPOINT TO SUBMIT
TARIFFS CONSISTENT WITH THE RECOMMENDATION OF
THE TEXAS COAST UTILITIES COALITION OF CITIES'
CONSULTANT WORKING IN COORDINATION WITH OTHER
CITIES IN PUBLIC UTILITY COMMISSION DOCKET NO.
38339; ORDERING CENTERPOINT TO REIMBURSE THE
CITY FOR ITS REASONABLE COSTS INCURRED IN THIS
RATE CASE AND ANY RELATED RATEMAKING
PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS;
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.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -144 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE PURCHASE OF PERSONAL PROTECTIVE FIRE
EQUIPMENT. Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION — REMOVE
FROM TABLE RESOLUTION NO. R2010 -138.
6A. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -138 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
SECOND AMENDED BYLAWS OF THE PEARLAND
ECONOMIC DEVELOPMENT COPORATION.
Mr. Matt Buchanan, Executive Director of Economic
Development Corporation.
Page 5 of 6 — 10/25/2010
7. CONSIDERATION AND POSSIBLE ACTION — APPROVING A
LETTER TO FEDERAL ELECTED OFFICIALS REGARDING
THE CLEAR CREEK FLOOD PROJECT. Mr. Bill Eisen, City
Manager.
OTHER BUSINESS: None.
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, 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 20 day of October 2010, at 5:30 p.m.
46 •
u1tIVtH�
1/404:: Se fir tary
Agenda removed ,24 day of October 2010.
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