2011-02-28 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 28, 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.
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 February 14, 2011, Regular Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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.
Page 1 of 6 — 2/28/2011
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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
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.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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
Page 2 of 6 — 2/28/2011
(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
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.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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 SEVERABILITY CLAUSE, A REPEALER CLAUSE,
AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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.
Page 3 of 6 — 2/28/2011
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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.
H. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE APPOINTMENT OF IRIS BENAVIDES TO SERVE ON
THE LIBRARY BOARD IN POSITION NO. 2, FOR AN
UNEXPIRED TERM EXPIRING NOVEMBER 1, 2013 AND THE
APPOINTMENT OF TORI LANDIS IN POSITION NO. 1, FOR
AN UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011.
Mayor Tom Reid.
I. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE APPOINTMENT OF JASON BYERS TO SERVE ON THE
PARKS, RECREATION AND BEAUTIFICATION BOARD IN
POSITION NO. 5, FOR AN UNEXPIRED TERM EXPIRING
NOVEMBER 1, 2011. Mayor Tom Reid.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -26 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES ASSOCIATED
WITH THE OLD ALVIN WATERLINE PROJECT.
Mr. Trent Epperson, Project Director.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -27 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES ASSOCIATED
WITH THE TWIN CREEK REGIONAL LIFT STATION
PROJECT. Mr. Trent Epperson, Project Director.
Page 4 of 6 — 2/28/2011
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -30 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN MUTUAL
AID AGREEMENT WITH FORT BEND COUNTY.
Mr. Jeff Sundseth, EMS Operations Director.
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -28 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PARTICIPATION IN THE DEPARTMENT OF JUSTICE -
OFFICE OF VIOLENCE AGAINST WOMEN: COURT
TRAINING AND IMPROVEMENTS PROGRAM.
Mr. Joel Hardy, Grants Coordinator.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -29 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING
CONTINUED PARTICIPATION IN THE VICTIMS ASSISTANCE
GRANT THROUGH THE OFFICE OF THE ATTORNEY
GENERAL. Mr. Joel Hardy, Grants Coordinator.
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -31 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR ENGINEERING SERVICES ASSOCIATED
WITH THE CULLEN / FM 518 REGIONAL DETENTION POND
PROJECT. Mr. Narciso Lira, City Engineer.
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 551.087 — CONSULTATION WITH CITY
ATTORNEY — REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City
Manager.
Page 5 of 6 — 2/28/2011
NEW BUSINESS CONTINUED:
7. CONSIDERATION AND POSSIBLE ACTION — REGARDING
PENDING LITIGATION ASSOCIATED WITH OTHON
ENGINEERING. City Council.
8. CONSIDERATION AND POSSIBLE ACTION — REGARDING
ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281 - 652 -1840 prior to the meeting so that appropriate
arrangements can be made.
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 23 day of February 2011, at 5:30 p.m.
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Agenda removed day of February 2011.
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