2011-02-14 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 14, 2011, 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 "Youth Peace Day"
3. Presentation of Proclamation proclaiming "IHOP National
Pancake Day — Pearland West"
4. Presentation of Proclamation proclaiming "IHOP National
Pancake Day — Pearland East"
5. Recognition of the Employee of the Quarter, Kendrick Gray,
Recreation Specialist, Parks and Recreation 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 January 17, 2011, Joint Public Hearings held
at 6:30 p.m.
Page 1 of 6 — 2/14/2011
2. Minutes of the January 17, 2011, Special Meeting held at
7:00 p.m.
3. Minutes of the January 24, 2011, Regular Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 1443 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ADOPTING A STANDARDS OF CARE
POLICY FOR THE CITY'S YOUTH PROGRAMS.
Ms. Colene Cabezas, Recreation Superintendent.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE
JANUARY 24, 2011, REGULAR COUNCIL MEETING.
City Council.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -23 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT
SUPPLY BID FOR AUTO PARTS. Mr. Bill Eisen, City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -20 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S
INVESTMENT REPORT FOR THE QUARTER ENDING
DECEMBER 2010. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 1444 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF 117.4457 ACRES
OF LAND. Mr. Mike Hodge, Assistant City Manager.
2. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 2000CUP -46 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 8.031
ACRE TRACT OF LAND OUT OF THE W.D.C. HALL SURVEY,
ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS, BEING A
CALLED 8.11 ACRE TRACT OF LAND AS DESCRIBED IN
Page 2 of 6 — 2/14/2011
VOLUME 1340, PAGE 651 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS LOCATED AT 3801 LIBERTY
DRIVE, PEARLAND, TX, (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2011 -01), TO ALLOW THE
OPERATION OF GOLDEN RULE SERVICES, INC., AN
INSTITUTE OF RELIGIOUS, EDUCATIONAL, OR
PHILANTHROPIC IN NATURE IN THE SINGLE FAMILY
RESIDENTIAL -2 (R -2) ZONE AT THE REQUEST OF ALAN
MUELLER, APPLICANT, ON BEHALF OF THE CARDEN-
JACKSON SCHOOL, INC., OWNER, CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Mike Hodge, Assistant City Manager.
3. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 2000M -75 — 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 61.217 ACRES
LOCATED IN THE DERRIL H.M. HUNTER SURVEY,
ABSTRACT 36, HARRIS COUNTY, TEXAS, MORE
PARTICULARLY BEING A PORTION OF THAT CERTAIN
CALLED 155.4029 ACRE TRACT (DESIGNATED AS
PARTITION NO. 5) OF RECORD IN VOLUME (91) 880, PAGE
476, OFFICIAL RECORDS OF BRAZORIA COUNTY
(B.C.O.R.) AND FILE NO. R840236, OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY OF SAID HARRIS COUNTY
(H.C.O.P.R.R.P.); AND BEING 56.233 ACRES OF LAND
LOCATED IN THE DERRIL H.M. HUNTER SURVEY,
ABSTRACT 36, HARRIS COUNTY, TEXAS MORE
PARTICULARLY BEING A PORTION OF A CALLED 181.6209
ACRE TRACT CONVEYED TO SUE ALEXANDER
MORRISON, BY INSTRUMENT OF RECORD IN VOLUME
1596, PAGE 93, DEED RECORDS OF SAID BRAZORIA
COUNTY DEED RECORDS, AND FILE NO. H178351,
OFFICIAL PUBLIC RECORDS OF SAID HARRIS COUNTY
(H.C.O.P.R.R.P.); AND BEING 12.810 ACRES OF LAND
LOCATED IN THE DERRIL H.M. HUNTER SURVEY,
ABSTRACT 36, HARRIS COUNTY, TEXAS, MORE
PARTICULARLY BEING ALL OF THAT CERTAIN CALLED
12.597 ACRE TRACT CONVEYED TO CLEAR BROOK CITY
MUNICIPAL UTILITY DISTRICT, BY AN INSTRUMENT OF
RECORD IN FILE NO. U800015, OFFICIAL PUBLIC
Page 3 of 6 — 2/14/2011
RECORDS OF REAL PROPERTY OF SAID HARRIS COUNTY
(H.C.O.P.R.R.P.). (ZONE CHANGE APPLICATION NO. 2011 -
01Z), GENERALLY LOCATED EAST OF PEARLAND
PARKWAY, NORTH OF PROPOSED HUGHES ROAD, AND
EAST OF CLEAR CREEK, AND REFERRED TO AS
PROPOSED THE PRESERVE AT CLEAR CREEK
SUBDIVISION, FROM SINGLE FAMILY ESTATE DISTRICT
(R -E), TO SINGLE FAMILY RESIDENTIAL -1 (R -1), AT THE
REQUEST OF KERRY R. GILBERT AND ASSOCIATES,
APPLICANT, 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.
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -18 — A RESOLUTION AND ORDER OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING
THE HOLDING OF A GENERAL ELECTION TO BE HELD ON
SATURDAY, MAY 14, 2011, FOR THE PURPOSE OF
ELECTING THE MAYOR AND ONE MEMBER OF THE CITY
COUNCIL TO POSITION NUMBER THREE (3).
Mr. Young Lorfing, City Secretary.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -17 — 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.
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -19 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING THE
SECOND AMENDED BYLAWS OF THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION.
Mr. Matt Buchanan, Executive Director of Economic
Development Corporation.
7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -21 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, DIRECTING STAFF TO
PREPARE A SERVICE PLAN FOR THE PROPOSED
ANNEXATION OF AREA 5 LOCATED IN THE CITY'S
EXTRATERRITORIAL JURISDICTION. Mr. Mike Hodge,
Assistant City Manager.
Page 4 of 6 — 2/14/2011
8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -25 — RESOLUTION DECLARING INTENTION TO
REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City
Manager.
9. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 1432 -1 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 1432, THE 2010 -2011
ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO FACILITATE THE CHANGES IDENTIFIED
HEREIN WITHOUT FURTHER APPROVAL OF CITY
COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERA-
BILITY CLAUSE, A REPEALER CLAUSE, AND AN
EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
10. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 220 -10 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ARTICLE 1, IN GENERAL, OF CHAPTER
30,UTILITIES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO
TIME, AMENDED, TO AUTHORIZE THE THRESHOLD
DELINQUENCY AMOUNT FOR WHICH THE CITY MAY FILE
UTILITY LIENS; HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE
DATE. Mr. Bill Eisen, City Manager.
11. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 1358 -6 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING NON - DEVELOPMENT USAGE AND
SERVICE FEES; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
12. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -10 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES ASSOCIATED
Page 5 of 6 — 2/14/2011
WITH THE BARRY ROSE WASTEWATER TREATMENT
PLANT REHABILITATION. Mr. Bill Eisen, City Manager.
13. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -22 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CONVEYING AN AERIAL
EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City
Attorney.
14. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -24 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF A PUMPER TRUCK. Mr. Bill Eisen, City
Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING PENDING LITIGATION
ASSOCIATED WITH OTHON ENGINEERING.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING CONSULTATION WITH CITY
ATTORNEY REGARDING CONFIDENTIAL
INFORMATION. Mr. Darrin Coker, City Attorney.
NEW BUSINESS CONTINUED:
15. CONSIDERATION AND POSSIBLE ACTION — REGARDING
PENDING LITIGATION ASSOCIATED WITH OTHON
ENGINEERING. City Council.
16. CONSIDERATION AND POSSIBLE ACTION — REGARDING
CONSULTATION WITH CITY ATTORNEY REGARDING
CONFIDENTIAL INFORMATION. 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.
Page 6 of 7 — 2/14/2011
1, 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 9 day of February 2011, at 5:30 p.m.
ng L' "in c/ fr . Set " tary
woof
Agenda removed / day of February 2011.
Page 7 of 7 — 2/14/2011