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2012-02-13 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 13, 2012, 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 "IHop National Pancake Day- Pearland East" Presentation of Proclamation proclaiming "IHop National Pancake Day- Pearland West" 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 December 5, 2011, Special Meeting held at 7:00 p.m. 2. Minutes of the January 9, 2012, Regular Meeting held at 6:00 p.m. Page 1 of 7 — 2/13/2012 3. Minutes of the January 16, 2012, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR MECHANICAL SERVICES. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2011. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING EASEMENTS TO ETC NGL TRANSPORT, LLC. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH SANITARY SEWER REHABILITATION. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING AN EASEMENT BELONGING TO KINDER MORGAN CRUDE AND CONDENSATE, LLC. Mr. Darrin Coker, City Attorney. X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M -83 — 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 BOUNDARY SURVEY 188' X 523.9', WEST '/2 OF LOT 48, ALLISON RICHEY GULF COAST HOME COMPANY SURVEY, SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, Page 2 of 7 — 2/13/2012 BRAZORIA COUNTY, TEXAS. (LOCATED AT 8013 W. BROADWAY, PEARLAND, TEXAS), ZONE CHANGE 2012 - 01Z, A REQUEST OF SHERRY L. STOCKWELL- TARRER, APPLICANT, ON BEHALF OF EMIL J. HRBACEK, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE - FAMILY RESIDENTIAL -1 (R -1) 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 — FIRST READING OF ORDINANCE NO. 2000M -84 — 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 20.992 ACRE TRACT IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 70 IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. SAID 20.992 IS A PART OF A 36.685 ACRE TRACT DESCRIBED IN A DEED TO T & R REALTY INVESTMENT, LLC AS RECORDED IN CLERK'S FILE NO. 2011028636. (LOCATED AT 2411 E. BROADWAY, PEARLAND, TEXAS), ZONE CHANGE 2012 -02Z, A REQUEST OF J. KENT MARSH, APPLICANT, ON BEHALF OF TOM ALEXANDER, JR., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL BUSINESS (GB) ZONE, TO SINGLE - FAMILY RESIDENTIAL -3 (R -3) 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 -85 — 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 HOUSTON MEMORIAL GARDENS CEMETERY SECTIONS 34, 35, 36, 37, 38, 39, 40, A PERPETUAL CARE CEMETERY CONTAINING 9.982 ACRES AND BEING A PARTIAL REPLAT THE Page 3 of 7 — 2/13/2012 AMENDED PLAT OF PARADISE CEMETERY SOUTH, VOLUME 16, PAGE 275 -276, B.C.P.R. AND BEING IN LOT 28, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, VOL 20, PG. 67 -68, P.R.B.C. OUT OF THE H.T. & B.R.R. CO. SURVEY, SEC. 19, A -243 BRAZORIA COUNTY, TEXAS; FINAL PLAT OF HOUSTON MEMORIAL GARDENS CEMETERY, A 20.0737 ACRE TRACT OF LAND BEING LOTS 13 AND 29, AND PART OF LOT 12, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, AND BEING SITUATED IN THE H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS; BOUNDARY SURVEY OF A 8.434 ACRE TRACT OUT OF SECTION 19, H.T. & B.R.R. SURVEY, A -243, BRAZORIA COUNTY, TEXAS; PARTIAL REPLAT OF HOUSTON MEMORIAL GARDEN CEMETERY, BEING A 57.231 ACRE TRACT OF LAND, ALL OF TRACTS 41, 42, 55, 56, 57, & 58 IN THE ALLISON RICHEY GULF COAST HOME SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE(S) 24, OF THE BRAZORIA COUNTY PLAT RECORDS, LOCATED IN THE H.T. & B. COMPANY SURVEY, SECTION 20, ABSTRACT NO. 506 IN BRAZORIA COUNTY, TEXAS; BOUNDARY SURVEY OF A 19.97 ACRE TRACT OUT OF SECTION 19, H T & B RR SURVEY, A -243, BRAZORIA COUNTY, TEXAS; LOT 44 (10 AC) OF THE ALLISON - RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; THE NORTH 1/2 OF LOT 28 (5AC) OF ALLISON RICHEY SUBDIVISION OUT OF SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; A0506 H T& B R R CO SURVEY, TRACT 54A1, F B DRAKE, 3.000 ACRES. (LOCATED AT 2426 CULLEN, PEARLAND, TEXAS), ZONE CHANGE 2012 -03Z, A REQUEST OF LOUIS C. MCKINNEY, APPLICANT, ON BEHALF OF JANICE AND BONNIE HOWARD, OWNERS, FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT (PD), GENERAL BUSINESS (GB), CULLEN MIXED -USE (C /MU), SINGLE - FAMILY RESIDENTIAL -3 (R -3) AND SUBURBAN RESIDENTIAL -12 (SR -12) ZONE(S) TO PLANNED DEVELOPMENT (PD) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; Page 4 of 7 - 2/13/2012 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 — FIRST 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 A PLAT OF SURVEY OF A 0.6984 ACRE TRACT BEING A PART OF LOT "A" OF WESTGATE PARK A SUBDIVISION OF 9.575 ACRES OF LAND OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19 OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 16, PAGE 320, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7900 BLOCK OF BROADWAY, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -12 TO ALLOW FOR THE OPERATION OF A MINOR AUTO REPAIR FACILITY IN THE GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF ESTEBAN V. RODRIGUEZ, OWNER AND APPLICANT, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT AMENDMENTS WITH KS MANAGEMENT. Mr. Matt Buchanan, President, Economic Development Corporation. 6. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012 -20 — 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 WITH MHI PARTNERSHIP, LTD. Mr. Bill Eisen, City Manager. Page 5 of 7 — 2/13/2012 7. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1459 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (DIXIE FARM ROAD), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO.1460 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF A REQUEST BY THE TEXAS DEPARTMENT OF TRANSPORTATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND (MAGNOLIA ROAD), AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS CONTINUED: 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. XI. ADJOURNMENT Page 6 of 7 - 2/13/2012 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. 1, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing public notice was posted in a place convenient to the general public at City Hall on the 9" day of February, 2012 at 5:30 p.m. g ni ing, T Cie y Se etary a`. /\ Agenda removed 14 day of February, 2012. Page 7 of 7 — 2/13/2012