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2011-10-24 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 24, 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. Proclamation proclaiming "Perioperative Nurse Week." 3. Proclamation proclaiming "Municipal Court Week." 4. Recognition of Councilmember Susan Sherrouse for receiving the Commissioner of the Year Award. 5. Recognition of the Planning and Zoning Department for winning the Scenic City Award. 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 September 19, 2011, Joint Public Hearing held at 6:30 p.m. Page 1 of 6 — 10/24/2011 3. Minutes of the September 19, 2011, Regular Meeting held at 7:30 p.m. 4. Minutes of the October 3, 2011, Special Meeting held at 6:30 p.m. 5. Minutes of the October 10, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 2 of 6 — 10/24/2011 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 PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 Page 3 of 6 — 10/24/2011 CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. F. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER SCOTT SHERMAN'S ABSENCE FROM THE OCTOBER 10, 2011, REGULAR COUNCIL MEETING. City Council. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -129 — A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF STEVE SABOE. Mayor and Council. 2. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -132 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS PERMIT FOR THE TOUR DE LITES BIKE RIDE. Ms. Colene Cabezas, Recreation Superintendent. Page 4 of 6 — 10/24/2011 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -130 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE AN AMBULANCE. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -126 — 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 FRIENDSWOOD. Ms. Michelle Smith, Director of Parks and Recreation. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -131 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON - GALVESTON AREA COUNCIL 2012 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Tom Reid. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -125 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH SPECTRUM REGIONAL DETENTION POND. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -133 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF POLICE VEHICLE EQUIPMENT. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. Page 5 of 6 — 10/24/2011 NEW BUSINESS CONTINUED: 9. CONSIDERATION AND POSSIBLE ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. 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, 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 20 day of October 2011, at 5:30 p.m. 4 C 5 Y• g L• :, T • M ,,,•,' f Sec -ary Agenda removed "L' day of October 2011. Page 6 of 6 — 10/24/2011