2011-06-27 CITY COUNCIL MEETING AGENDA - AMENDED AMENDED AGENDA
Added New Business No. 10 & 11
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.
2. Recognition of Keep Pearland Beautiful for winning the
Governor's Community Achievement 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: 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.
SCANNED A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
JUN 2 8 2011
1. Minutes of the June 13, 2011, Public Hearing held at 6:30
CITY SECRETARY p.m.
OFFICE 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.
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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
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 -78. 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
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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.
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.
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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
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.
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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.
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.
10. CONSIDERATION AND POSSIBLE ACTION — THE
APPROPRIATE USE OF ROBERTS RULES OF ORDER AS
PART OF THE RULES OF PROCEDURE AND ORDER OF
BUSINESS FOR THE CITY OF COUNCIL, PER SECTION 2.
VII OF RESOLUTION NO. R2000 -143. CITY COUNCIL.
11. 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,
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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. City Council.
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:
12. 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.
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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 24 day of June 2011, at 5:30 p.m.
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ity r retary
Agenda removed Z day of June 2011.
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