2013-05-13 7:00 PM CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, MAY 13, 2013, AT 7:00 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. RECOGNITIONS AND AWARDS
1. Presentation of a Proclamation proclaiming the month of May 2013, as
"Building Safety Month."
2. Presentation of a Proclamation proclaiming the month of May 2013,
as "Motorcycle Safety and Awareness Month."
3. Presentation of a Proclamation proclaiming the week of May 19 -25,
2013, as "National Public Works Week."
4. Presentation of a Proclamation proclaiming the week of May 19 -25,
2013, as "Emergency Medical Services Week."
5. Presentation of a Proclamation proclaiming May 26 — June 1, 2013,
as "Hurricane Preparedness Week."
6. Presentation of a Proclamation proclaiming June 7, 2013, as "Project
Graduation Day." (Dawson High School)
7. Presentation of a Proclamation proclaiming June 7, 2013, as "Project
Graduation Day." (Pearland High School)
8. Acknowledging of the Full-Time Employee of the Quarter — Jason
Myers.
9. Acknowledging of the Part-Time Employee of the Quarter — Bud
Tollefson.
IV. CITIZENS
V. DOCKETED PUBLIC HEARING
VI. 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.
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A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the April 15, 2013, Special Meeting held at 7:00 p.m.
2. Minutes of the April 22, 2013, Public Hearing held at 6:00 p.m.
3. Minutes of the April 22, 2013, Regular Meeting held at 7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1479 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING
THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF
PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH
STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE.
Mr. Bill Eisen, City Manager.
VII. MATTERS REMOVED FROM CONSENT AGENDA
VIII. NEW BUSINESS:
1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING
ORDINANCE NO. 2000CUP-63 — 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 7929 BROADWAY
ST., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2013-02 TO ALLOW FOR THE OPERATION OF A MINOR
AUTO REPAIR FACILITY IN THE GENERAL BUSINESS (GB)
DISTRICT AT THE REQUEST OF ESTEBAN V.RODRIGUEZ,
APPLICANT, ON BEHALF OF CONDOR AUTO CARE CENTER,
OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
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2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 2000CUP-64 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A
CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A
TRACT CONTAINING 22.7711 ACRES OF LAND SITUATED IN THE
THOMAS J, GREEN SURVEY, ABSTRACT NUMBER 198, BRAZORIA
COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE
CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO
MARION E. SATTEGEST, ET AL, RECORDED IN VOLUME 1421,
PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS,
BRAZORIA COUNTY, TEXAS. (LOCATED AT THE NW CORNER OF
BROADWAY ST. AND PEARLAND PKWY., PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-03 TO
ALLOW FOR AN AUTO WASH — SELF SERVICE IN THE GENERAL
BUSINESS (GB) DISTRICT AT THE REQUEST OF LYLE HENKEL OF
TERRA ASSOCIATES, APPLICANT, ON BEHALF OF HEB
GROCERY CO., LP. — TODD PILAND, OWNER, 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-101 — 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 .460 ACRE TRACT OF LAND OUT OF THE H.T. & B. R.R
COMPANY SURVEY, SECTION 11, ABSTRACT 239, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4608
WALNUT PEARLAND, TX), ZONE CHANGE 2013-06Z, A REQUEST
OF RICHARD GONZALEZ, APPLICANT AND OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY (R-2)
ZONE TO THE NEIGHBORHOOD SERVICES (NS) 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.
4. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 1480 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 28 OF 9.779 ACRES OF LAND. Mr. Darrin Coker, City
Attorney.
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5. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 2000M-102 — 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 30.7935 ACRE (1,341,365 SQUARE FOOT) TRACT OF
LAND SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT
NUMBER 198 IN BRAZORIA COUNTY, TEXAS, AND BEING OUT OF
AND A PART OF THE CALLED 118.775 ACRE TRACT OF LAND
DESCRIBED IN DEED TO MARION E. SETTEGAST, ET AL AS
RECORDED IN VOLUME 1421, PAGE 25 OF THE BRAZORIA
COUNTY DEED RECORDS, SAID 31.3165 ACRE TRACT OF LAND.
(LOCATED APPROXIMATELY 700' NORTH OF BROADWAY ON
PEARLAND PKWY, PEARLAND, TX), ZONE CHANGE 2013-07Z, A
REQUEST OF CHRISTY SMIDT (KERRY G. GILBERT & ASSOC.),
APPLICANT AND BEEMAN E. STRONG (FOR THE SETTEGAST
FAMILY), OWNER, FOR APPROVAL OF A ZONE CHANGE FROM
THE PLANNED DEVELOPMENT (PD) 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. Ms. Lata Krishnarao,
Director of Community Development.
6. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 1467-A(3) — 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.
7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-68 — 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
ASSOCIATED WITH THE HIGHLAND CROSSING SUBDIVISION.
Mr. Bill Eisen, City Manager.
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8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE QUIET ZONE CROSSING AND
MEDIAN IMPROVEMENTS AT THE INTERSECTION OF BROADWAY
(FM 518) AND THE BNSF RAILWAY. Mr. Bill Eisen, City Manager.
9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR GROUNDS
MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING A SEISMIC TESTING
PERMIT. Mr. Jon Branson, Assistant City Manager.
11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CLEANING AND
PAINTING SERVICES FOR TEN (10) WATER WELL FACILITIES.
Mr. Bill Eisen, City Manager.
12. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS REAPPOINTING DIRECTORS TO THE
BOARD OF DIRECTORS OF THE LOWER KIRBY PEARLAND
MANAGEMENT DISTRICT. Mr. Bill Eisen, City Manager.
13. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
2013-69 — AN RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT
DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN
PROPERTY, BEING 2.9316 ACRES OUT OF SECTION 16, G.C.
SMITH SURVEY, ABSTRACT 546, PEARLAND, BRAZORIA COUNTY,
TEXAS, FOR THE CONSTRUCTION AND MAINTENANCE OF ROAD,
DRAINAGE, AND UTILITY 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.
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14. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2013-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE
OTHER VICTIM'S ASSISTANCE GRANT ("OVAG") THROUGH THE
OFFICE OF THE ATTORNEY GENERAL. Mr. Bill Eisen, City Manager.
OTHER BUSINESS: NONE
IX. 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, Maria E. Rodriguez, Deputy 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 9th day of
May, 2013 at 7:30 p.m.
vow
aria . Rodriguez
�-: ° Deputy ity Secretary
Agenda removed day of May, 2013.
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