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2011-05-23 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, MAY 23, 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 "Hurricane Awareness Week" 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 May 2, 2011, Special Meeting held at 7:30 p.m. 1. Minutes of the May 9, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000CUP -51 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 0.9495 ACRE Page 1 of 5 — 5/23/2011 TRACT OF LAND SITUATED IN THE H.T. & B R.R. COMPANY SURVEY ABSTRACT 242 IN BRAZORIA COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO JOSEPH B. BENES AND RECORDED IN VOLUME 408 PAGE 538 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS LOCATED AT 7902/7904 BROADWAY, PEARLAND, TX, CONDITIONAL USE PERMIT (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -06), TO ALLOW THE OPERATION OF A RESTAURANT, IN THE NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT, FOR GURU OM SAI, LLC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M -78 — 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 OR PARCEL CONTAINING 22.7711 ACRES (991,909 SQUARE FEET) OF LAND SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E. SETTEGAST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS. LOCATED AT THE NORTHWEST CORNER OF BROADWAY (FM 518) AND PEARLAND PKWY, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011 -04Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER, AND LYLE HENKLE FOR HEB, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO GENERAL BUSINESS (GB) 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. Page 2 of 5 — 5/23/2011 2. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M -79. City Council. 2A. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M -79 — 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 OR PARCEL CONTAINING 30.5709 ACRES AS DESCRIBED IN EXHIBIT A BY TERRA SURVEYING COMPANY, INC. . FURTHER DESCRIBED AS SETTEGAST 30.5709 ACRES PROPOSED ZONING CHANGE FROM PD TO R2 CITY OF PEARLAND, BRAZORIA COUNTY TEXAS LOCATED APPROXIMATELY 700 FEET NORTH OF THE NORTHWEST CORNER OF PEARLAND PKWY AND BROADWAY (518), PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011 -05Z), A REQUEST OF BEEMAN STRONG FOR THE SETTEGAST FAMILY, OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD) ZONE, TO SINGLE FAMILY RESIDENTIAL -2 (R -2) 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. 3. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1446 — AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (AREA GENERALLY LOCATED WEST OF SH 35, EAST OF THE RAILROAD, SOUTH OF HASTINGS FIELD ROAD AND NORTH OF HASTINGS CANNON ROAD — AREA 5); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Mike Hodge, Assistant City Manager. Page 3 of 5 — 5/23/2011 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -52 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT AND BUDGET ADJUSTMENT FOR ENGINEERING SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -54 — 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 ASSOCIATED WITH THE CONSTRUCTION OF AN EXTENSION OF CR 59 THROUGH ITS INTERSECTION WITH BUSINESS CENTER DRIVE. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -55 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR RIGHT -OF -WAY CLEARING SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. 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. NEW BUSINESS CONTINUED: 8. CONSIDERATION AND POSSIBLE ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. Page 4 of 5 — 5/23/2011 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 18 day of May 2011, at 5:30 p.m. - - Sonia Webb Deputy City Secretary -ftminwco Agenda removed ZAday of May 2011. Page 5 of 5 — 5/23/2011