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2013-06-10 CITY COUNCIL MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 10, 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 1. Acknowledging of the Full-Time Employee of the Quarter— Jason Myers. 2. Presentation by Keep Pearland Beautiful Executive Director Sherwin Sun, to Ian Clowes of the Planning and Zoning Department for is work with Scenic Cities. 3. Presentation to John Phillips for his exemplary service to the City of Pearland in naming the City's first mobile application - Connect2Pearland. 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 — APPROVAL OF MINUTES: 1. Minutes of the May 6, 2013, Special Meeting, held at 6:00 p.m. 2. Minutes of the April 15, 2013, Joint Public Hearing Meeting, held at 6:30 p.m. 3. Minutes of the March 25, 2013, Joint Public Hearing Meeting, held at 6:30 p.m. B. 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, Page 1 of 7 — 6/10/2013 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. C. 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. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2013. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR CONCRETE RAISING SERVICES. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-81— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR CUSTODIAL SERVICES (RECREATION CENTER/NATATORIUM). Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY Page 2 of 7 — 6/10/2013 OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY BID FOR ELECTRIC AND SCADA SERVICES. Mr. Bill Eisen, City Manager. VII. MATTERS REMOVED FROM CONSENT AGENDA IX. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000CUP-65 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 3.395 ACRE TRACT OF LAND BEING A PORTION OF LAND CALLED "TRACT TWO" DESCRIBED IN A DEED FROM R.R. VIADA AND AGNES M. VIADA TO R. R. VIADA OR AGNES M. VIADA, TRUSTEE, UNDER VIADA FAMILY LIVING TRUST, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NUMBER (C.F.) 2005 003071, OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS AND BEING A PORTION OF LOT 27, OF THE ALLISON-RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS SUBDIVISION OF SECTION 21, OF THE H.T.& B. RAILROAD COMPANY SURVEY, ABSTRACT NUMBER 309, BRAZORIA COUNTY, TEXAS. (LOCATED AT THE SE CORNER OF BROADWAY ST. AND CULLEN PKWY., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-04 TO ALLOW FOR AN AUTO WASH — SELF SERVICE IN THE GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF JAMES ELMORE OF CISNEROS DESIGN GROUP, APPLICANT, ON BEHALF OF AMEGY BANK, OWNER, 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-103 — 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 1.0090 ACRE TRACT OF LAND OUT OF THE ALLISON- RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 9, H.T.& B. RAILROAD COMPANY SURVEY, ABSTARCT NO. 234, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24, OF THE BRAZORIA COUNTY PLAT RECORDS; THIS TRACT BEING A PORTION OF THE DAN KELLER, TRUSTEE, ET AL, CALL 9.977 ACRE TRACT (VOLUME 1748, PAGE 448, BRAZORIA COUNTY DEED RECORDS). (LOCATED AT 7201 BROADWAY ST, PEARLAND, TX), ZONE Page 3 of 7 — 6/10/2013 CHANGE 2013-08Z, A REQUEST OF RICHARD TADLOCK, APPLICANT AND THE GROCERS SUPPLY CO., INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL BUSINESS (GB) ZONE TO THE GENERAL COMMERCIAL (GC) 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. 3. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000-T-15 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE; HAVING A SAVINGS CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-78 — 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 AUDIT SERVICES. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-90 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE HATFIELD BASIN TRUNK SEWER. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-91 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING FOR THE HATFIELD BASIN TRUCK SEWER. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-92 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE OLD ALVIN WATERLINE PROJECT. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-93 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING FOR THE OLD ALVIN WATER LINE PROJECT. Mr. Bill Eisen, City Manager. Page 4 of 7 — 6/10/2013 9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-79 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES FROM FUTURE BOND PROCEEDS. Mr. Bill Eisen, City Manager. 10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-89 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE SH 35 WATER LINE PROJECT. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-75 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE WESTCHESTER DRAINAGE AND SIDEWALK PROJECT. Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXS, APPROVING THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECTS FOR PROGRAM YEAR 2013 AND FISCAL YEAR 2014. Mr. Bill Eisen, City Manager. 13. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1358-9 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING NON- DEVELOPMENT USAGE AND SERVICE FEES (SEWER USE CREDIT PROGRAM); CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1462-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 5, CHAPTER 2, ETHICS, OF THE CITY OF PEARLAND CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 5 of 7 — 6/10/2013 15. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-74 — 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 COVINGTON ESTATES DEVELOPMENT. Mr. Bill Eisen, City Manager. 16. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1481 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTEEN FOOT (16') UTILITY EASEMENT RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA, COUNTY TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. 17. CONSIDERATION AND POSSIBLE ACTION — APPOINTMENT OF MEMBERS TO THE CONVENTION VISITORS BUREAU BOARD. Mr. Bill Eisen, City Manager. 18. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-94 — 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 FORT BEND COUNTY FOR THE ENVIRONMENTAL REVIEW AND DESIGN OF THE FM 521 PROJECT. Mr. Bill Eisen, City Manager. 19. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PEARLAND VISION 20/20 STRATEGIC PLAN AND MISSION STATEMENT FOR THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Mr. Matt Buchanan, President of Pearland Economic Development Corporation. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. Page 6 of 7 — 6/10/2013 NEW BUSINESS CONTINUED: 20. CONSIDERATION AND POSSIBLE ACTION — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq 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 6th day of June 2013, at 7:30 p.m. /fa/. ,.. . Y• ng L. ing - y Secretary tee oo 4.1 it MM'N," Agenda removed 11 day of June, 2013 Page 7 of 7 — 6/10/2013