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2012-12-10 7:30 PM CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, DECEMBER 10, 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. 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. T HESE 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. 2000CUP-61 — 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 8809 BROADWAY ST, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-08 TO ALLOW FOR A Page 1 of 4 — 12/10/2012 — 7:30 p.m. CHILD DAYCARE CENTER (BUSINESS) IN THE NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT AT THE REQUEST OF CHASING DREAMS DAYCARE, APPLICANT AND THE OLD PLACE INC., OWNER, 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. 2000-T-14 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-19 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADDING THE GRAND AVENUE PLAN, AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-20 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADDING THE LOWER KIRBY URBAN CENTER PLAN, AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. Page 2 of 4 — 12/10/2012 — 7:30 p.m. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1473 — 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 #23), 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. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1474 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISSOLVING BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 (the "DISTRICT"). Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1475 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS EXTENDING TRAFFIC RULES AND REGULATIONS TO CERTAIN PRIVATE ROADS OWNED AND MAINTAINED BY THE LAKES AT COUNTRY PLACE COMMUNITY ASSOCIATION AND CONTAINED WITHIN THE LAKES AT COUNTRY PLACE SUBDIVISION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES AND' FINES; PROVIDING FOR ADMINISTRATION; PROVIDING FOR CONFLICTS WITH OTHER LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS: Page 3 of 4 — 12/10/2012 — 7:30 p.m. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — REGARDING CONSULTATIONS WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: 1A. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-175 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A LOAN AGREEMENT BETWEEN THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION AND DOVER ENERGY, INC. City Council. 1B. CONSIDERATION AND POSSIBLE ACTION — REGARDING RESOLUTION NO. R2012-176 — 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 DOVER ENERGY, INC. 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. Page 4 of 4 — 12/10/2012 — 7:30 p.m.