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2011-03-28 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, MARCH 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 March 7, 2011, Special Meeting held at 6:30 p.m. 2. Minutes of the March 14, 2011 Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1445 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE I, IN GENERAL, OF CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE Page 1 of 4 — 3/28/2011 CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF DEFINING CERTAIN TERMS; MAKING IT UNLAWFUL TO PROTEST WITHIN 1000 FEET OF FUNERAL SERVICES. PROVIDING PENALTIES FOR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE PROVIDING A SEVERABILITY CLAUSE. City Council. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER FELICIA KYLE'S ABSENCE FROM THE MARCH 14, 2011, REGULAR COUNCIL MEETING. City Council. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR AN EMERGENCY INTERRUPTIBLE LOAD SERVICE AGREEMENT. Mr. Bill Eisen, City Manager. 2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -38 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE OTHER VICTIM'S ASSISTANCE GRANT ( "OVAG ") THROUGH THE OFFICE OF THE ATTORNEY GENERAL. Mr. Joel Hardy, Grants Coordinator. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN AERIAL EASEMENT FOR CERTAIN UTILITIES. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR THE PURCHASE OF PROJECT MANAGEMENT SOFTWARE. Mr. Trent Epperson, Project Director. Page 2 of 4 — 3/28/2011 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -39 — A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS GENERAL RE- EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2011. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE HIRING OF A FIRE CHIEF FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. 3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON ENGINEERING. Mr. Darrin Coker, City Attorney. 4. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. NEW BUSINESS CONTINUED: 6. CONSIDERATION AND POSSIBLE ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. 7. CONSIDERATION AND POSSIBLE ACTION — DISCUSSION REGARDING THE HIRING OF A FIRE CHIEF FOR THE CITY OF PEARLAND. City Council. 8. CONSIDERATION AND POSSIBLE ACTION — REGARDING PENDING LITIGATION ASSOCIATED WITH OTHON ENGINEERING. City Council. Page 3 of 4 — 3/28/2011 9. CONSIDERATION AND POSSIBLE ACTION — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. 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. 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 25 day of March 2011, at 5:30 p.m. "tµOMA 4 � 11111 nn �l! Sonia Webb �,,, �� Deputy City Secretary Agenda removed 291 day of March 2011. SCANNED MAR 292011 Page 4 of 4 — 3/28/2011 CITY SECRETARY OFFICE