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2013-02-11 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, FEBRUARY 11, 2013, 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. Acknowledging the Achievement of a LEED Silver Certification for the Pearland Public Safety Building from the U.S. Green Building Council. IV. COUNCIL ACTIVITY REPORTS 1. Events attended and upcoming events. V. CITY MANAGER'S REPORT 1. Events attended and upcoming events. 2. Recognition of Fire Training Program Graduates. 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 3, 2012 Public Hearing held at 6:30 p.m. 2. Minutes of the January 7, 2013, Special Meeting held at 6:00 p.m. 3. Minutes of the January 14, 2013, Special Meeting held at 7:00 p.m. 4. Minutes of the January 21, 2013, Joint Public Hearing held at 6:30 p.m. Page 1 of 7—2/11/2013 B. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 1467- A (1) — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 1467-A (2) — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1467-A, THE 2012-2013 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING THE CITY'S PLANNING AND ZONING COMMISSION AS ITS CAPITAL IMPROVEMENTS ADVISORY COMMITTEE, AND ADOPTING RULES OF PROCEDURE THEREFOR. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR AUTO PARTS. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2012. Mr. Bill Eisen, City Manager. Page 2 of 7—2/11/2013 IX. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-98 — 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 33.307 ACRE TRACT IN THE H. T. & B. R.R. COMPANY SURVEY SECTION 85, ABSTRACT NO. 304 IN BRAZORIA COUNTY, TEXAS. SAID 33.307 ACRE TRACT IS PART OF LOT 45, PART OF LOT 55, AND ALL OF LOTS 56 AND 57 OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 107 IN THE BRAZORIA COUNTY PLAT RECORDS. SAID 33.307 ACRE TRACT COMPRISES THOSE TRACTS OF LAND DESCRIBED IN DEEDS TO GEORGE RITCHEY, AND WIFE KAREN RITCHEY, AS RECORDED IN CLERK'S FILE NO'S 97-019237, (AS CORRECTED BY 97-032332), 99-015625 AND 96-019344 (LOT 57 ONLY), ALL FILED OF RECORD IN THE BRAZORIA COUNTY CLERK'S OFFICE. (LOCATION BEING NORTH OF SUMMER BREEZE DRIVE, BETWEEN MILLER RANCH AND SILVER LAKE PKWY, PEARLAND, TX), ZONE CHANGE 2013-02Z, A REQUEST OF KEVIN COLE, APPLICANT, ON BEHALF OF KAREN RITCHEY, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL-1 (R-1) ZONE TO THE 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. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-97 — 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 ALL THAT CERTAIN 7.650 ACRES OUT OF SECTION 16, H.T. & B. R.R COMPANY SURVEY, ABSTRACT NO. 546 AND BEING A PORTION OF THAT CERTAIN TRACTS DESCRIBED IN A DEED DATED 04-11-2002 FROM EDWIN HUNTER HARRIS, Page 3 of 7— 2/11/2013 ET UX. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE NO. 02-017799 AND A PORTION OF THAT CERTAIN TRACT AS DESCRIBED IN A DEED DATED 12-17-1997 FROM EDWIN HUNTER HARRIS, SR. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY AT CLERK'S FILE NO. 97-044957. (LOCATED AT NORTHEAST CORNER OF MAGNOLIA AND MANVEL ROADS, PEARLAND, TEXAS), ZONE CHANGE 2013-01Z, A REQUEST OF MICHAEL POLLAK, APPLICANT, ON BEHALF OF MARILYN BULLARD, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL-1 (R-1) ZONE TO THE NEIGHBORHOOD SERVICE (NS) ZONE WITH AN OVERLAID CONDITIONAL USE PERMIT (CUP) FOR A CHILD DAYCARE CENTER AND RESTAURANT WITH OR WITHOUT A DRIVE- THRU, 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-99 —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 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, PEARLAND, TX), ZONE CHANGE 2013-03Z, A REQUEST OF TRANQUILITY PLAZA, LLC, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE 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. Page 4 of 7 —2/11/2013 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-23 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 11, 2013, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS POSITION NO. 1 AND POSITION NO. 5 OF THE CITY OF PEARLAND CITY COUNCIL. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR THE PURCHASE OF A PUMPER TRUCK AND AN AERIAL LADDER TRUCK. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RELOCATION OF FIRE & EMS STATION NO. 3. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY TO COORDINATE THE EXPENDITURE OF COASTAL IMPACT ASSISTANCE PROGRAM (CIAP) FUNDS TO CONSTRUCT IMPROVEMENTS TO THE JOHN HARGROVE ENVIRONMENTAL CENTER. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION FIRST READING OF ORDINANCE NO. 1477 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING CERTAIN ROAD AND PUBLIC EASEMENTS RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS Page 5 of 7 —2/11/2013 OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker City Attorney. 10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CLEARING AND GRUBBING SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND REQUESTING THE MEMBERS OF THE 83rd LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM. Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE HATFIELD BASIN TRUNK SEWER PROJECT. Mr. Bill Eisen, City Manager. 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. 2. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO THE CONVENTION VISITORS BUREAU. Mayor Reid. Page 6 of 7 —2/11/2013 NEW BUSINESS CONTINUED: 13. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT AMENDMENTS WITH MERIT MEDICAL SYSTEMS, INC. City Council. 14. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CONTRACT AMENDMENTS WITH KS MANAGEMENT. City Council. 15. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF AN EXECUTIVE DIRECTOR TO THE CONVENTION VISITORS BUREAU. Mayor Reid. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1655 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 7th day of February, 2013 at 5:30 p.m. • ng_ i g, / ' /\ y S- etary Agenda removed p- day of February, 2013. Page 7 of 7 — 2/11/2013