2011-01-10 CITY COUNCIL MEETING AGENDA - AMENDED AMENDED AGENDA
Added Executive Session No. 2 and New Business No. 10
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JANUARY 10, 2011, AT
7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY,
SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS.
I. CALL TO ORDER
II. 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:
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 December 6, 2010, Special Meeting held at
7:30 p.m.
2. Minutes of the December 13, 2010, Regular Meeting held at
7:00 p.m.
3. Minutes of the December 13, 2010, Regular Meeting held at
7:30 p.m.
Page 1 of 5 — 1/10/2011
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 2000M -74 — 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 0.4218 ACRE, BEING OUT OF
LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION,
ACCORDING TO THE MAP OR PLAT RECORDED IN
VOLUME 35, PAGES 241 AND 242 OF THE BRAZORIA
COUNTY DEED RECORDS. SAID 0.4218 ACRE TRACT ALSO
BEING PART OF A CERTAIN CALLED 74.986 ACRE TRACT
RECORDED IN BRAZORIA COUNTY CLERK'S FILE NUMBER
94- 040206 (ZONE CHANGE APPLICATION NO. 2010 -08Z),
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
MCHARD ROAD AND PEARLAND PKWY, FROM SINGLE
FAMILY RESIDENTIAL -1 (R -1), TO OFFICE PROFESSIONAL
(OP), AT THE REQUEST OF THE CITY OF PEARLAND,
APPLICANT AND 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.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -8 — 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 THE CITY OF
SUGARLAND FOR COOPERATION IN THE PURCHASE OF
VARIOUS GOOD AND SERVICES. Mr. Bill Eisen, City
Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -7 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF A CX80 EXCAVATOR. Mr. Bill Eisen,
City Manager.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -6 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE OF A GRAPPLE TRUCK. Mr. Bill Eisen, City
Manager.
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F. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE APPOINTMENT OF MICHAEL MILLER TO SERVE ON
THE ELECTRICAL BOARD IN POSITION NO. 2, FOR A 2-
YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
G. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE APPOINTMENT OF LANCE BOTKINS TO SERVE ON
THE PARKS, RECREATION AND BEAUTIFICATION BOARD
IN POSITION NO. 3, FOR A 3 -YEAR TERM UNEXPIRED
EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -4 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
WALNUT STREET AND DRAINAGE PROJECT. Mr. Bill Eisen,
City Manager.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -1 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE WALNUT STREET AND
DRAINAGE PROJECT. Mr. Bill Eisen, City Manager.
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -2 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MATERIALS TESTING
SERVICES ASSOCIATED WITH THE WALNUT STREET AND
DRAINAGE PROJECT. Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -5 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE SH 35
INTERIM LIFTSTATION. Mr. Trent Epperson, Project Director.
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5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -3 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MATERIALS TESTING
SERVICES ASSOCIATED WITH THE ORANGE STREET
PROJECT. Mr. Trent Epperson, Project Director.
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2010 -159 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, SEEKING
LEGISLATION THAT PROVIDES BRAZORIA COUNTY
CUSTOMERS WITH FULL VOTING MEMBER
REPRESENTATION ON THE GULF COAST WATER
AUTHORITY (GCWA) BOARD OF DIRECTORS. Mr. Bill Eisen,
City Manager.
7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -9 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
MEMORANDUM OF UNDERSTANDING ASSOCIATED WITH
AN ALL HAZARD INCIDENT MANAGEMENT TEAM.
Mr. Roland Garcia, Fire Marshal.
8. CONSIDERATION AND POSSIBLE ACTION — FIRST AND
ONLY READING OF ORDINANCE NO. 1442 — AN
ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 20 , OFFENSES AND
MISCELLANEOUS PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AND
ADOPTING A NEW ARTICLE VIII, ILLEGAL SMOKING
PRODUCTS AND INGESTION DEVICES TO PROHIBIT THE
USE, PURCHASE, POSSESSION AND SALE OF ILLEGAL
SMOKING PRODUCTS CONTAINING CERTAIN PLANT,
PLANT PRODUCTS OR DERIVATIVES, CHEMICAL
COMPOUNDS APPLIED TO PLANTS, AND PLANT
PRODUCTS AND THEIR DERIVATIVES OR OTHER
SUBSTANCES, AND INGESTION DEVICES USED IN
CONNECTION WITH THE ILLEGAL SMOKING PRODUCTS,
AND TO PROHIBIT THE USE, PURCHASE, POSSESSION,
AND SALE OF THE SYNTHETIC CANNABINOID PRODUCTS;
DISPENSING WITH A CULPABLE MENTAL STATE AND
PROVIDING A PENALTY; AND PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE,
EMERGENCY CLAUSE AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
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OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY
ATTORNEY — REGARDING LEGAL MATTERS
ASSOCIATED WITH A WATER SUPPLY CONTRACT.
Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 — CONSULTATION WITH CITY
ATTORNEY — REGARDING PENDING LITIGATION
ASSOCIATED WITH OTHON. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS CONTINUED:
9. " CONSIDERATION AND POSSIBLE ACTION — REGARDING
LEGAL MATTERS ASSOCIATED WITH A WATER SUPPLY
CONTRACT. City Council.
10. CONSIDERATION AND POSSIBLE ACTION — REGARDING
PENDING LITIGATION ASSOCIATED WITH OTHON.
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 7t day of January 2011, at 5:30 p.m.
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Agenda removed /j /14y of January 2011.
Sonia Webb
Deputy City Secretary
Page 5 of 5 — 1/10/2011
NOTICE
The City Council Meetings
Scheduled for
Monday, January 10, 2011 starting at 6:00 p.m.
Will be held at
The Public Safety Building
2555 Cullen Parkway
Second Floor Training Room Number 1