2011-07-11 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JULY 11, 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.
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 — SECOND AND
FINAL 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
Page 1 of 5 — 7/11/2011
, a
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.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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.
C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -77 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPOINTING THE
BRAZORIA COUNTY TAX ASSESSOR — COLLECTOR,
RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE
EFFECTIVE TAX RATE AND ROLL BACK RATE FOR TAX
YEAR 2011. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -71 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CONVEYING AN
EASEMENT FOR CERTAIN UTILITIES. Mr. Darrin Coker, City
Attorney.
IX. MATTERS REMOVED FROM CONSENT AGENDA
Page 2 of 5 — 7/11/2011
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. City Council.
2. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 2000CUP -52 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, BEING A 4.7417 ACRE
TRACT OF LAND, RESERVE "A" OF THE FINAL PLAT OF
TWIN WOOD SUBDIVISION, BEING A PART OF A 25.839
ACRE TRACT OUT OF TRACTS 72, 77, 92, AND 93 OF THE
ZYCHINSKI'S SUBDIVISION OF SECTION 1, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 233, AND BEING A PART
OF TRACT 1 AND TRACT 2, AS RECORDED IN VOLUME
1437, PAGE 605, OF THE BRAZORIA COUNTY DEED
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS LOCATED AT 1255 OLD ALVIN ROAD, PEARLAND,
TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP
2011 -08), TO ALLOW THE OPERATION OF A CHURCH, IN
THE SINGLE - FAMILY RESIDENTIAL -1 (R -1) DISTRICT AND
Page 3 of 5 — 7/11/2011
SINGLE - FAMILY RESIDENTIAL -2 (R -2) AT THE REQUEST
OF THE CHURCH FOR ALL PEOPLE, APPLICANT AND
OWNER, 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 — 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.
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -78 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $2,500,000, FOR
THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT
OF CERTAIN PUBLIC WORKS, AUTHORIZING
DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENTS
RELATING TO SUCH SERIES OF CERTIFICATES AND
AUTHORIZING CERTAIN OTHER MATTERS RELATING
THERETO. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION — FIRST
READING OF ORDINANCE NO. 1448 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DELETING CHAPTER 21 1 /2, PARKLAND DEDICATION, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, IN ITS
ENTIRETY; AND TO ADOPT A NEW CHAPTER 21 ' /2, TO BE
ENTITLED PARKS; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE
DATE. Ms. Michelle Smith, Director of Parks and Recreation.
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.
Page 4 of 5 — 7/11/2011
NEW BUSINESS CONTINUED:
6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -80 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A LOAN
AGREEMENT BETWEEN THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION AND MERIT MEDICAL
SYSTEM, INC. Mr. Matt Buchanan, Pearland Economic
Development Corporation President.
7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2011 -79 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX
ABATEMENT AGREEMENT WITH MERIT MEDICAL SYSTEM,
INC. Mr. Matt Buchanan, Pearland Economic Development
Corporation President.
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 7 day of July 2011, at 5:30 p.m.
45i ,Y46
fa 0
• ng L• i g, T
,onoo y Se•-tary
Agenda removed __ c3'�y of July 2011.
SCANNED
J ;J i 2 81011
CITY SECRETARY
OFFICE
Page 5 of 5 — 7/11/2011