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2011-10-10 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 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. 2. Proclamation proclaiming "Fire Prevention Week." 3. Proclamation proclaiming "Armed Services Blood Program Day." 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 August 29, 2011, Special Meeting held at 6:00 p.m. 2. Minutes of the August 29, 2011, Public Hearing held at 6:30 p.m. 3. Minutes of the September 7, 2011, Public Hearing held at 6:30 p.m. Page 1 of 6 — 10/10/2011 4. Minutes of the September 26, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1455 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN PROPERTY, BEING A 1.162 ACRE PARCEL OF LAND, LOCATED IN THE DERRIL H. M. HUNTER SURVEY, ABSTRCT NO. 36 AND THE TOMAS J. GREEN SURVEY, ABSTRCT 290 OF HARRIS COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF SECTION G OF THE ALLISON - RIVHEY GULF COAST HOME COMPANY PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, MAP RECORDS OF HARRIS COUNTY, FOR THE CONSTRUCTION OF ROAD, DRAINAGE AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE SAID PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM ED THOMPSON'S ABSENCE FROM THE SEPTEMBER 26, 2011, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Ms. Claire Bogard, Director of Finance. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M -82 — 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 ALL OF Page 2 of 6 — 10/10/2011 THAT CERTAIN 19.995 ACRE TRACT SITUATED IN THE MINOR SUBDIVISION PLAT OF REC -TIME SUBDIVISION, BEING A PLAT OF PART OF LOT 12 AND ALL OF LOTS 13, 14, 15, AND 16 OF THE DOOLEY PARTITION, AS DEFINED IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, CAUSE NO. 86647 AND BEING OUT OF THE JAMES HAMILTON SURVEY, ABSTRACT NO. 881, HARRIS COUNTY, TEXAS, AND RECORDED AS FILM CODE NO. 600053, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. LOCATED AT THE APPROXIMATE SOUTHEAST CORNER OF SH288 AND S. SAM HOUSTON PKWY /BELTWAY 8, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011 -09Z), A REQUEST OF ED R. WEATHERALL, APPLICANT, ON BEHALF OF REC TIME, INC, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL COMMERCIAL (GC) ZONE AND GENERAL BUSINESS (GB) ZONE, TO GENERAL COMMERCIAL (GC) ZONE, 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. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000CUP -54 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING ALL OF THAT CERTAIN 19.995 ACRE TRACT SITUATED IN THE MINOR SUBDIVISION PLAT OF REC -TIME SUBDIVISION, BEING A PLAT OF PART OF LOT 12 AND ALL OF LOTS 13, 14, 15, AND 16 OF THE DOOLEY PARTITION, AS DEFINED IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, CAUSE NO. 86647 AND BEING OUT OF THE JAMES HAMILTON SURVEY, ABSTRACT NO. 881, HARRIS COUNTY, TEXAS, AND RECORDED AS FILM CODE NO. 600053, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS LOCATED AT 2850 S. SAM HOUSTON PKWY, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -11), TO ALLOW THE OPERATION OF A TRAVEL TRAILER /RV PARK/CAMPGROUND (LONG AND SHORT TERM), IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE REQUEST OF ED R. WEATHERALL, APPLICANT AND REC TIME RV, INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER Page 3 of 6 — 10/10/2011 PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. 3. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000CUP -55 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOT TWENTY - FIVE (25), LOT TWENTY -SIX (26), LOT TWENTY -SEVEN (27), LOT TWENTY -EIGHT (28), LOT TWENTY -NINE (29), LOT THIRTY (30), AND LOT THIRTY -ONE (31), BLOCK ONE (1), OF PEARLAND TOWNSITE, AN ADDITION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 41, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS LOCATED AT 2246 N. WASHINGTON, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -10), TO ALLOW THE OPERATION OF AN INSTITUTION OF RELIGIOUS, EDUCATIONAL, OR PHILANTHROPIC NATURE (ADULT READING CENTER), IN THE OLD TOWNSITE RESIDENTIAL (OTR) DISTRICT AT THE REQUEST OF MRS. DALE E. PILLOW, APPLICANT AND ADULT READING CENTER, 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. 4. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000 -T -13 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1456 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION OF FORT BEND COUNTY ASSISTANCE DISTRICT NO. 5 AND PROVIDING AN AGREEMENT FOR THE DURATION, RATE, AND ALLOCATION OF SALES AND USE TAX; MAKING FINDINGS AND CONTAINING PROVISIONS RELATING TO THE FOREGOING SUBJECT. Mr. Bill Eisen, City Manager. Page 4 of 6 — 10/10/2011 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -127 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED AND RESTATED EMERGENCY WATER SUPPLY CONTRACT. Mr. Darrin Coker, City Attorney. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO RENEW A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD HTE /OSSI AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR WATER FITTINGS AND RELATED PARTS. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1453 -1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1453, THE 2011 -2012 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 — RESOLUTION NO. R2011 -128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, COMBINING THE ENGINEERING AND INSPECTION SERVICES DEPARTMENTS INTO A SINGLE DEPARTMENT CALLED THE COMMUNITY DEVELOPMENT DEPARTMENT. Mr. Bill Eisen, City Manager. Page 5 of 6 — 10/10/2011 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: 11. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. 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 6 day of October 2011, at 5:30 p.m. *-� . ,. Y ng ing R � ' • ty S- etary Agenda removed \ (day of October 2011. Page 6 of 6 — 10/10/2011