2012-02-27 CITY COUNCIL REGULAR MEETING AGENDAAGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 27, 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 February 27, 2012,
as "H5H — High Five for Health Day"
3. Presentation of Proclamation proclaiming the month of March,
2012, as "Youth Art Month"
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 January 16, 2012, Joint Public Hearing
Meeting held at 6:30 p.m.
Page 1 of 6 — 2/27/2012
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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 1/2 OF LOT 48,
ALLISON RICHEY GULF COAST HOME COMPANY SURVEY,
SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
243, 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.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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.
Page 2 of 6 — 2/27/2012
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL 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 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
Page 3 of 6 - 2/27/2012
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;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL 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.
F. CONSIDERATION AND POSSIBLE ACTION — REAPPOINT
MICHAEL MILLER AND CHARLIE MICHNA TO THE
ELECTRICAL BOARD FOR A TWO-YEAR TERM EXPIRING
NOVEMBER 1, 2013. Mayor Tom Reid.
Page 4 of 6 — 2/27/2012
G. CONSIDERATION AND POSSIBLE ACTION — REAPPOINT
GARY SHIVER TO THE GAS AND PLUMBING BOARD FOR A
FIVE-YEAR TERM EXPIRING NOVEMBER 2016.
Mayor Tom Reid.
H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-27 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
POOL CHEMICALS AND POOL MAINTENANCE SERVICES.
Mr. Bill Eisen, City Manager.
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. 2012-28 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
POWER OF EMINENT DOMAIN TO ACQUIRE A DRAINAGE
EASEMENT UPON CERTAIN PROPERTY, BEING A 5.4556
ACRE TRACT OUT OF LOT 2, SECTION 32 OF THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 525, PEARLAND,
BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION
AND MAINTENANCE OF DRAINAGE IMPROVEMENTS ON
CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE SAID PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE,
OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN. Mr. Darrin Coker, City Attorney.
2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. 2012-29 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
POWER OF EMINENT DOMAIN TO ACQUIRE A DRAINAGE
EASEMENT UPON CERTAIN PROPERTY, BEING A 9.7756
ACRE TRACT OUT OF SECTION 32 OF THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 525, PEARLAND,
BRAZORIA COUNTY, TEXAS, FOR THE CONSTRUCTION
AND MAINTENANCE OF DRAINAGE IMPROVEMENTS ON
CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS
ARE NECESSARY TO ACQUIRE SAID PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE,
OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN. Mr. Darrin Coker, City Attorney.
Page 5 of 6 — 2/27/2012
3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-14 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
GROUNDS MAINTENANCE SERVICES. Mr. Bill Eisen, City
Manager.
4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-25 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
CONTRACT FOR CONSTRUCTION MANAGEMENT AND
CONSTRUCTION INSPECTION SERVICES ASSOCIATED
WITH THE BARRY ROSE WASTEWATER TREATMENT
PLANT REHABILITATION PROJECT. Mr. Bill Eisen, City
Manager.
5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION
NO. R2012-26 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
WATER WELL REPAIR SERVICES. Mr. Bill Eisen, City
Manager.
OTHER BUSINESS: None.
Xl. 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 public notice was posted in a place convenient to the general
public at City Hall on the 23th day of February, 2012 at 5:30 p.m.
Fe -b,
Agenda removed 2g day ofd, 2012.
Page 6 of 6 — 2/27/2012