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2011-04-25 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, APRIL 25, 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 "Arson Awareness Week" 3. Recognition of the Employee of the Quarter, Dante Prescod, Lift Station Operator I, Public Works 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 November 15, 2010, Special Meeting held at 8:00 p.m. 2. Minutes of the March 21, 2011, Joint Public Hearings held at 6:30 p.m. 3. Minutes of the April 11, 2011, Regular Meeting held at 7:30 p.m. Page 1 of 6 — 4/25/2011 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP -47 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY BEING 0.4905 ACRES OF LAND OUT OF LOTS 3 AND 4 AND BEING 1.6819 ACRES OF LAND OUT OF LOTS 4 AND 5 OF THE GEORGE W. JENKINS SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 20, BRAZORIA COUNTY PLAT RECORDS, LOCATED IN THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO., 111, BRAZORIA COUNTY, TEXAS LOCATED AT 1417 E. BROADWAY, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011- 03) TO ALLOW FOR CO- LOCATION OF ADDITIONAL ANTENNAS ON AN EXISTING TOWER, IN THE GENERAL COMMERCIAL (GC) ZONE AT THE REQUEST OF SPRINT NEXTEL C/O ALAN HAGGARD, APPLICANT FOR BARNETT RANCHING AND LAND MANAGEMENT, OWNER, 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 — SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP -49 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 29.43 ACRES OF LAND, BEING A PART OF THE H.T. & B. R.R. COMPANY SURVEY, SECTION 27, ABSTRACT 308. THE G. C. SMITH SURVEY, SECTION 28, ABSTRACT 551, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND BEING PART OF LOTS 172 AND 173 OF THE ZYCHLINSKI SUBDIVISION RECORDED IN VOLUME 29, PAGE 9, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN 14.7071 ACRE TRACT DESCRIBED IN A DEED TO AIRGAS SPECIALTY GASES, INC. RECORDED IN CLERK'S FILE 2007 - 000736 AND ALL OF THAT CERTAIN 14.7075 ACRE TRACT DESCRIBED IN A DEED TO AIRGAS SPECIALTY GASES, INC. RECORDED IN CLERK'S FILE 2007 - 000739 LOCATED AT 4344 S. MAIN, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011- 05) TO ALLOW FOR PETROLEUM OR PETROLEUM PRODUCT EXTRACTION, REFINING, MANUFACTURER, OR BULK STORAGE, IN THE HEAVY INDUSTRIAL (M -2) DISTRICT AT THE REQUEST AIRGAS SPECIALTY GASES, Page 2 of 6 — 4/25/2011 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. 2000CUP -50 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT, APPROXIMATELY 1.995 ACRES OUT OF THE T.J. GREEN SURVEY, ABSTRACT NO. 198, RECORDED IN VOL. 961, PG. 91 OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS GENERALLY LOCATED AT: 2617 BROADWAY ST. PEARLAND, TEXAS. (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010 -08) TO ALLOW AN AUTOMATED METER SYSTEMS TOWER AT THE REQUEST OF CENTERPOINT ENERGY, APPLICANT, AND OWNER, 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. 2000M -76 — 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 LOT ONE (1) OF WORRELL ADDITION, BEING A 6.8651 ACRE TRACT OUT OF THE T.D. YOAKUM SURVEY ABSTRACT 399 AND ACH & B SURVEY ABSTRACT 147, PEARLAND, BRAZORIA COUNTY, TEXAS. LOCATED AT 2801 JOHN LIZER, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011 -03Z), A REQUEST OF BURT H. CHRISMAN, JR., OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE, TO SINGLE - FAMILY RESIDENTIAL -2 (R -2) ZONE FOR APPROXIMATELY 6.8 ACRES ON THE FOLLOWING DESCRIBED PROPERTY, 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. Page 3 of 6 — 4/25/2011 F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M -77 — 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 522.62 ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RR Co. SURVEY, SECTION 80, ABSTRACT 564 AND THE H.T. & B. RR CO. SURVEY, SECTION 80, ABSTRACT 538, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS; BEING ALL OF A CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE 357 AND VOLUME (92) 994, PAGE 172 ALL OF THE BRAZORIA COUNTY DEED RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 27 THROUGH 34, LOTS 37 & 38 AND THE WEST 1 /2 OF LOT 39, ALL OF LOTS 42, 43, 44, 45, 52 THROUGH 55 AND 8.11 ACRES OF LOT 56 OF THE ALLISON - RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY MAP RECORDS. (ZONE CHANGE APPLICATION NO. 2011 -02Z) SOUTH OF BROADWAY STREET AND SOUTHERN TRAILS DRIVE, AND REFERRED TO AS THE SOUTHERN TRAILS PLANNED UNIT DEVELOPMENT, AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, APPLICANT, PROVIDING FOR AMENDMENTS TO THE SOUTHERN TRAILS PLANNED UNIT DEVELOPMENT, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVIVISIONS RELATED TO THIS SUBJECT. Mr. Mike Hodge, Assistant City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE INSTALLATION OF ADAPTIVE TRAFFIC SIGNAL IMPROVEMENTS BETWEEN KIRBY DRIVE AND FM 1128. Mr. Narciso Lira, City Engineer. Page 4 of 6 — 4/25/2011 2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1442 -1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 20 -103, ENTITLED DEFINITIONS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -49 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF AN INTERACTIVE VOICE RESPONSE SYSTEM ( "IVR "). Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF THE SPECTRUM MANAGEMENT DISTRICT. Mr. Darrin Coker, City Attorney. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR STANDBY GENERATOR MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. Page 5 of 6 — 4/25/2011 2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. 3. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2010 - 2011. City Council. NEW BUSINESS CONTINUED: 7. CONSIDERATION AND POSSIBLE ACTION — REGARDING MUNICIPAL UTILITY DISTRICTS. City Council. 8. CONSIDERATION AND POSSIBLE ACTION — DISCUSSION REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. 9. CONSIDERATION AND POSSIBLE ACTION — DISCUSSION REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2010 - 2011. 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 20 day of April 2011, at 5:30 p.m. Ceti Sonia Webb Ni%man000 Deputy City Secretary Agenda removed day of April 2011. Page 6 of 6 — 4/25/2011