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2013-07-08 CITY COUNCIL MEETING AGENDA AGENDA — OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JULY 8, 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 — APPROVAL OF MINUTES: 1. Minutes of the May 13, 2013, Regular Meeting, held at 7:00 p.m. 2. Minutes of the May 13, 2013, Regular Meeting, held at 7:30 p.m. 3. Minutes of the June 10, 2013, Public Hearing, held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1483 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESERVING A PUBLIC UTILITY EASEMENT AND ABANDONING A CERTAIN ROAD RIGHT-OF-WAY, BEING A 0.3797 ACRE PORTION OF AUBRELL DRIVE OUT OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF HT&BRR COMPANY SURVEY, SECTION 14, ABSTRACT 509, PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1482 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESERVING A PUBLIC UTILITY EASEMENT AND ABANDONING CERTAIN ROAD RIGHT-OF-WAY WITHIN THE STREET RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF THE LA PALOMA Page 1 of 6 — 7/8/2013 SUBDIVISION AS RECORDED IN VOLUME 24, PAGE 335 OF THE BRAZORIA COUNTY PLAT RECORD, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1484 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, PERMANENT IMPROVEMENT AND/OR REFUNDING BONDS IN ONE OR MORE SERIES; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING A PRICING OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATING THERETO. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1485 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, PERMANENT IMPROVEMENT REFUNDING BONDS, TAXABLE SERIES 2013B; SETTING CERTAIN PARAMETERS FOR THE BONDS; AUTHORIZING REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING A PRICING OFFICER TO APPROVE THE AMOUNT, THE INTEREST RATE, PRICE, AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVISIONS RELATING THERETO. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-105 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR WATER TREATMENT CHEMICALS AND WATER ANALYSIS SERVICES. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-104 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR WATER AND WASTEWATER TESTING SERVICES. Mr. Bill Eisen, City Manager. VII. MATTERS REMOVED FROM CONSENT AGENDA VIII. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-104 — 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 Page 2 of 6 — 7/8/2013 CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING LOTS 4-10 IN A SUBDIVISION OF 4.512 ACRES OF LAND BEING THE NORTH 1.663 ACRES OF LOT 77 AND THE SOUTH 2.849 ACRES OF LOT 80, OF THE FIGLAND ORCHARDS SUBDIVISION H.T.&B.R.R.CO. SURVEY SECTION 13, A-240, RECORDED IN VOL. 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT THE SOUTHWEST CORNER OF BARDET AND WAGON TRAIL, PEARLAND, TX), ZONE CHANGE 2013-09Z, A REQUEST OF EXPRE REALTY, APPLICANT AND 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. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-105 — 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 LOTS 34-39 IN A SUBDIVISION OF 14.458 ACRES OF LAND OUT OF THE NARREGANG SUBDIVISION, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT 1908 BROADWAY ST, PEARLAND, TX), ZONE CHANGE 2013-10Z, A REQUEST OF LYNN ALMOND OF BAY AREA EQUESTRIAN PROPERTIES, LP, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (R-1) 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. 3. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-106 — 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 19.4462 ACRE TRACT OF LAND LOCATED IN THE H.T.&B.R.R. CO. SURVEY, SECTION 1, ABSTRACT NO. 233 AND THE D.H.H. HUNTER SURVEY, ABSTRACT NO. 76, BRAZORIA COUNTY, TEXAS, BEING A PART OF LOT 42, ZYCHLINSKI SUBDIVISION, A MAP OR PLAT OF WHICH IS RECORDED IN VOLUME 29 ON PAGE 43, AND THE REMAINDER OF LOT 4, Page 3 of 6 — 7/8/2013 WALCOTTS PEARLAND SUBDIVISION, A MAP OR PLAT OF WHICH IS RECORDED IN VOLUME 35 ON PAGE 241, ALSO BEING ALL OR PART OF THE CERTAIN 11.291 ACRE TRACT AND 58.723 ACRE TRACT CONVEYED BY THE ESTATE OF ANTEN HALIK TO A. GUY CROUCH, JR. PER DEED DATED DECEMBER 15, 1972 AND RECORDED IN VOLUME 1143 0 N PAGE 854, ALL REFERENCED DEEDS AND MAPS ARE RECORDED IN THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED WEST OF OLD ALVIN RD APPROXIMATELY 500 FEET SOUTH OF MCHARD RD.) ZONE CHANGE 2013-11Z, A REQUEST OF CHRIS LYNCH OF GEHAN HOMES, LP, APPLICANT, ON BEHALF OF T & B ALEXANDER FAMILY LTD. PARTNERSHIP, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL COMMERCIAL (GC) ZONE TO THE SINGLE FAMILY RESIDENTIAL (R-1) 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 - RESOLUTION NO. R2013-103 -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 ASSOCIATED WITH THE COUNTY ROAD 59 IMPROVEMENT PROJECT. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2013-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES ("TDIR") FOR THE PURCHASE OF A NEW PHONE SYSTEM FOR THE CITY HALL/SERVICE CENTER. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1209-2013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-13, ENTITLED BUILDING CODE ADOPTED; SECTION 7-13.1, ENTITLED LOCAL AMENDMENTS, SECTION 7-26, ENTITLED SWIMMING POOL CODE—ADOPTED; CONFLICTING PROVISIONS, SECTION 7-26.1, ENTITLED SAME— AMENDMENTS, MODIFICATIONS, ADDITIONS, DELETIONS, SECTION 7-51, ENTITLED MECHANICAL CODE ADOPTED, AND SECTION 7-51.1, ENTITLED LOCAL AMENDMENTS, AND TO ADD Page 4 of 6 - 7/8/2013 ARTICLE II 3/4, TO BE ENTITLED EXISTING BUILDING CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1416-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9, ELECTRICITY, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 9-153, ENTITLED ADOPTED, SECTION 9-157, ENTITLED WIRING GENERALLY, AND SECTION 9-159, ENTITLED INSTALLATION OF SERVICE CONDUIT, WIRES, ETC.; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1211-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE III, ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1210-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23, PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1, ENTITLED PLUMBING CODE ADOPTED; TO AMEND SECTION 23-1.1, ENTITLED LOCAL AMENDMENTS; AND TO AMEND SECTION 23- 161, ENTITLED FUEL GAS CODE ADOPTED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 10. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1296-2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-61, ENTITLED STANDARD CODE ADOPTED, CONFLICTING PROVISIONS; TO ADOPT A NEW Page 5 of 6 — 7/8/2013 ARTICLE VI, TO BE ENTITLED WINDSTORM RESISTANT CONSTRUCTION; TO AMEND SECTION 7-81, ENTITLED RESIDENTIAL CODE ADOPTED; TO AMEND SECTION 7-81.1, ENTITLED LOCAL AMENDMENTS; AND TO AMEND SECTION 7-82, ENTITLED ENERGY CODE ADOPTED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-107 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 543-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. IV. OTHER BUSINESS: NONE. X. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1840 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 3rd day of July, 2013 at 5:30 p.m. ERRL,9;ia. • .) ;.xz /2., _�/ " f� Y,rng Loy, / Seca It1ia1N1M Agenda removed day of July, 2013. Page 6 of 6 — 7/8/2013