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2011-06-27 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 27, 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 June 13, 2011, Public Hearing held at 6:30 p.m. 2. Minutes of the June 13, 2011, Regular Meeting held at 7:30 p.m. 3. Minutes of the June 20, 2011, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1447 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR Page 1 of 6 — 6/27/2011 GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2011 -12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #21), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM SCOTT SHERMAN'S ABSENCE FROM THE MAY 23, 2011, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR TOM REID'S ABSENCE FROM THE JUNE 13, 2011, REGULAR COUNCIL MEETING. City Council. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE ORDINANCE NO. 2000M -79. City Council. 1A. 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. Page 2 of 6 — 6/27/2011 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. 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. 2000M -80 — 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 Page 3 of 6 — 6/27/2011 PARCEL OF LAND CONTAINING 11.9337 ACRES OF LAND OR 519,832 SQUARE FEET, LOCATED IN THE JAMES HAMILTON SURVEY, ABSTRACT 876, HARRIS COUNTY, TEXAS, SAID 11.9337 ACRE TRACT BEING OUT OF AND A PART OF A 36.166 ACRE TRACT OF RECORD IN THE NAME OF SHT /KIRBY, LTD. IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NUMBER 20080049996, SAID 36.166 ACRE TRACT BEING OUT OF AND PART OF BLOCK "F" OF THE ALLISON - RICHEY GULF COAST HOMES SUBDIVISION OF RECORD IN VOLUME 3, PAGE 40 IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS. LOCATED AT THE NORTHWEST CORNER OF KIRBY DRIVE AND RILEY ROAD, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011 -08Z), A REQUEST OF SHT /KIRBY, LTD., A TEXAS LIMITED PARTNERSHIP, OWNER AND BOYD COMMERCIAL, LLC, APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE SPECTRUM DISTRICT 1 (SP1) ZONE, TO PLANNED DEVELOPMENT (PD) 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. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (YEAR 2011). Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PAYMENT OF AN INVOICE TO UNITED WATER SOLUTIONS, INC. FOR WATER METER TESTING SERVICES. Mr. Bill Eisen, City Manager. Page 4 of 6 — 6/27/2011 7. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1449 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVIEWING THE RATE INCREASE REQUEST OF CENTERPOINT ENERGY ENTEX; DENYING THE REQUESTED INCREASE IN RATES; ORDERING THAT NO CHANGE IN RATES OCCUR; REQUIRING THE REIMBURSEMENT OF RATE CASE EXPENSES; ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED HERETO; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mr. Darrin Coker, City Attorney. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TRAIL CONNECTIVITY PROJECT (PHASE 1). Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2011 -69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF THE PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: 10. 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 Lorfinq at 281 - 652 -1840 prior to the meeting so that appropriate arrangements can be made. Page 5 of 6 — 6/27/2011 � r 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 22 day of June 2011, at 5:30 p.m. / lung Ly in X, TR **v,H or•o`"� ity Secretary Agenda removed (LA day of June 2011. Page 6 of 6 — 6/27/2011