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2012-11-12 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 12, 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. Recognition of the Fourth Quarter 2012, Part-Time Employee of the Quarter, Elizabeth Ayala, for Exemplifying the Core Beliefs of the City. 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 23, 2012, Special Meeting held at 6:00 p.m. 2. Minutes of the July 9, 2012, Regular Meeting held at 7:30 p.m. 3. Minutes of the August 20, 2012, Special Meeting held at 6:00 p.m. Page 1 of 9 — 11/12/2012 4. Minutes of the August 27, 2012, Regular Meeting held at 7:30 p.m. 5. Minutes of the September 10, 2012, Special Meeting held at 7:30 p.m. 6. Minutes of the September 24, 2012, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR FIRE APPARATUS PREVENTATIVE MAINTENANCE AND REPAIRS. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-161 - 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 CREDIT CARD PAYMENT SERVICES. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR OFFICE SUPPLIES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2012, DUE TO THE HOLIDAY SEASON. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PLAYGROUND EQUIPMENT. Ms. Michelle Smith, Director of Parks and Recreation. IX. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-92 - 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 Page 2 of 9 - 11/12/2012 PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION A TRACT OF LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20-A, SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP RECORDS, AND;A TRACT OF LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20, SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP RECORDS. (LOCATED AT 2014 HILLHOUSE RD, PEARLAND, TEXAS), ZONE CHANGE 2012-11Z, A REQUEST OF CHAD THUMANN, APPLICANT, ON BEHALF OF BARBARA COVINGTON, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE RESIDENTIAL ESTATE (RE) ZONE TO THE SUBURBAN RESIDENTIAL-12 (SR-12) 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. 2000CUP-59 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 19.934 ACRE TRACT OF LAND LOCATED IN THE T.J. GREEN SURVEY, ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING A PORTION OF LOTS 16, 17, 39, AND 40, AND ALL OF LOTS 26 AND 27 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION "G", A SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48 OF THE MAP RECORDS OF SAID HARRIS COUNTY. (LOCATED AT 1800 BLOCK OF RIVERSTONE RANCH DRIVE, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012- 05 TO ALLOW FOR A CHURCH, TEMPLE, OR PLACE OF WORSHIP IN THE SINGLE FAMILY RESIDENTIAL-1 (R-1) DISTRICT AT THE REQUEST OF WARREN ESCOVY - LJA ENGINEERING, INC., APPLICANT AND THE DIOCESE OF GALVESTON-HOUSTON, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Page 3 of 9 - 11/12/2012 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000CUP-60 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOTS 3-6, BLOCK 5 OF THE TOWNSITE OF PEARLAND SUBDIVISION, A SUBDIVISION OF RECORD IN VOLUME 29, PAGE 41 OF THE H.C.D.R. BRAZORIA COUNTY, TEXAS. (LOCATED AT 2205 N. MAIN STREET, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-06 TO ALLOW FOR OUTSIDE STORAGE IN THE OLD TOWNSITE GENERAL BUSINESS (OT-GB) DISTRICT AT THE REQUEST OF EDWARD HERSH, APPLICANT AND H.E. HALFORD, JR., OWNER, 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. 2000M-91 - 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 2.9125 ACRES OF LAND OUT OF AND PART OF LOT FORTY (40), OF THE W. ZYCHLINSKI SUBDIVISION, SECTION NO. THREE (3), IN THE H. T. & B. R. R. CO. SURVEY, A-232, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PAGE 43 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND; A 13.611 ACRE TRACT IN THE H. T. & B. R.R. CO. SURVEY, SECTION 3, ABSTRACT NO. 232 IN BRAZORIA COUNTY, TEXAS. SAID 13.611ACRE TRACT IS PART OF LOT 40 OF THE W. ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 43 OF THE BRAZORIA COUNTY DEED RECORDS. SAID 13.611 ACRE TRACT IS FURTHER DESCRIBED AS BEING THAT SAME TRACT DESCRIBED IN A DEED TO NGUYEN ENTERPRISE, LLC AS RECORDED IN CLERK'S FILE NO. 03-059143 IN THE BRAZORIA COUNTY CLERK'S OFFICE, AND; A 25.081 ACRE TRACT IN THE H.T. & B. R. R. CO. SURVEY, ABSTRACT NO. 232, BRAZORIA COUNTY, TEXAS. SAID 25.081 ACRE TRACT IS PART OF LOTS 46 AND 50, OF THE ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 43 IN THE BRAZORIA COUNTY DEEDS RECORDS AND IS FURTHER DESCRIBED AS Page 4 of 9 - 11/12/2012 BEING PART OF TRACT 5 AND A PART OF TRACT 6 DESCRIBED IN A DEED TO FEF FAMILY LIMITED PARTNERSHIP AS RECORDED IN CLERK'S FILE NO. 96- 046033 IN THE BRAZORIA COUNTY CLERK'S OFFICE, AND IS ALL OF A 4.64 ACRE TRACT DESCRIBED IN A DEED TO FEF FAMILY LIMITED PARTNERSHIP AS RECORDED IN CLERK'S FILE NO. 96-046031 IN THE BRAZORIA COUNTY CLERK'S OFFICE. (LOCATED AT 1871 MYKAWA RD, PEARLAND, TEXAS), ZONE CHANGE 2012-10Z, A REQUEST OF JACK MCGUFF, JR, APPLICANT, ON BEHALF OF THIRD COAST TERMINALS, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE LIGHT INDUSTRIAL (M-1) ZONE AND HEAVY INDUSTRIAL (M-2) 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. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000CUP-58 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 0.9495 ACRE TRACT OF LAND SITUATED IN THE H.T. & B R.R. COMPANY SURVEY ABSTRACT 242 IN BRAZORIA COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO JOSEPH B. BENES AND RECORDED IN VOLUME 408 PAGE 538 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT 7902/7904 BROADWAY STREET, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-04 TO ALLOW FOR A CHILD DAYCARE (BUSINESS) IN THE NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT AND GURU OM SAI, LLC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-93 - 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, Page 5 of 9 - 11/12/2012 FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING THE HEREIN DESCRIBED 20.3 ACRES, MORE OR LESS, BEING GENERALLY LOCATED IN SECTION 80, J. S. TALMAGE SURVEY ABSTRACT 564, BRAZORIA COUNTY, TEXAS; THE SOUTH LINE BEING ALONG THE SOUTH LINE OF LOT 2, SECTION 80, J. S. TALMAGE SURVEY, ABSTRACT 564 ACCORDING TO THE PLAT THEREOF AS FILED IN VOLUME 2, PAGE 98 BRAZORIA COUNTY PLAT RECORDS; THE WEST LINE BEING THE EAST LINE OF CITY OF PEARLAND ORDINANCE NO. 1035; THE NORTH LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 92 AND THE EXTENSION OF CITY OF PEARLAND ORDINANCE 924 AND THE EAST LINE BEING THE WEST LINE OF CITY OF PEARLAND ORDINANCE NO 924; ALL THAT CERTAIN 20.3 ACRES, MORE OR LESS, ANNEXED INTO THE CITY OF PEARLAND BY PEARLAND ORDINANCE 1465 AND BEING ALL OF LOTS 1 & 2, SECTION 80, J. S. TALMAGE SURVEY, ABSTRACT 564. (LOCATED AT THE SOUTHEAST CORNER OF BROADWAY/KINGSLEY PEARLAND, TEXAS), ZONE CHANGE 2012-12Z, A REQUEST OF KERRY GILBERT & ASSOCIATES, APPLICANT, ON BEHALF OF BELTWAY 23, LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE 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. 7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-94 - 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 38.909 ACRES OF LAND IN THE H. T. & B. R. R. COMPANY SURVEY, SECTION 81, ABSTRACT NO. 300, BRAZORIA COUNTY, TEXAS, BEING A PORTION OF LOTS 38, 39, 40, 49, AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD, VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF SAID BRAZORIA COUNTY (B.C.P.R.), MORE PARTICULARLY BEING THE RESIDUE OF THAT Page 6 of 9 - 11/12/2012 CERTAIN CALLED 30.583 ACRE TRACT (DESCRIBED AS PART ONE), AND THE RESIDUE OF THAT CERTAIN CALLED 9.990 ACRE TRACT (DESCRIBED AS PART TWO) CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288 LTD, BY AN INSTRUMENT OF RECORD UNDER DOCUMENT NUMBER 2011012491, OF THE OFFICIAL PUBLIC RECORDS OF SAID BRAZORIA COUNTY (B.C.O.P.R.) (LOCATED AT THE NORTHWEST CORNER OF CR59/SH288, PEARLAND, TEXAS), ZONE CHANGE 2012-13Z, A REQUEST OF KERRY GILBERT & ASSOCIATES, APPLICANT, ON BEHALF OF PARKSIDE 59/288, LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE THE BUSINESS PARK 288 (BP- 288) ZONE TO THE 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. 8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1471 - 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 #22), 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. 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE SUBMISSION OF SIX(6) IDENTIFIED PROJECTS FOR THE 2012 TRANSPORTATION ENHANCEMENT PROGRAM "CALL FOR PROJECTS." Mr. Bill Eisen, City Manager. Page 7 of 9 - 11/12/2012 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR STREET AND SIDEWALK MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A LEASE/PURCHASE BID FOR THE PURCHASE OF CERTAIN CAPITAL EQUIPMENT. Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF FLEET VEHICLES. Mr. Bill Eisen, City Manager. 13. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2012-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE CITY'S 2012-2016 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING AND AUTHORIZING SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2012-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2013 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Reid. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE: 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING THE ENFORCEMENT OF A CITY CONTRACT FOR SERVICES. City Council. Page 8 of 9 - 11/12/2012 NEW BUSINESS CONTINUED: 15. CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH COLE'S FLEA MARKET. City Council. 16. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ENFORCEMENT OF A CITY CONTRACT FOR SERVICES. City Council. 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 public notice was posted in a place convenient to the general public at City Hall on the 8th day of November, 2012 at 5:30 p.m. 4Qs�RRCq O ) /67 t /\ 'c Se y tf,fff ff.N•',e. Agenda removed VIO day of November, 2012. Page 9 of 9 - 11/12/2012