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2013-05-13 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, MAY 13, 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. RECOGNITIONS AND AWARDS 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. A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 1 of 4 — 5/13/2013 — 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 2 of 4 — 5/13/2013 — 7:30 p.m. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. VII. MATTERS REMOVED FROM CONSENT AGENDA IX. NEW BUSINESS: OTHER BUSINESS: Page 3 of 4 — 5/13/2013 — 7:30 p.m. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING CONFIDENTIAL LEGAL ADVICE ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING THE HIRING OF A DIRECTOR OF PUBLIC WORKS FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. 3. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING THE CITY MANAGER'S 2013 - 2014 ANNUAL GOALS. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: 1. CONSIDERATION AND POSSIBLE ACTION — REGARDING CONFIDENTIAL LEGAL ADVICE ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. 2. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE HIRING OF A DIRECTOR OF PUBLIC WORKS FOR THE CITY OF PEARLAND. 3. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE CITY MANAGER'S 2013 - 2014 ANNUAL GOALS. X. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorlinq 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. Maria . odriguez Deputy City Secretary Agenda removed 1 day of May, 2013. Page 4 of 4 — 5/13/2013 — 7:30 p.m.