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2013-06-24 CITY COUNCIL MEETING AGENDA AGENDA — OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 24, 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. Presentation of Certificate of Appreciation to Jose Gonzales, in Appreciation and Recognition of his services as Assistant Manager of Conn's Appliances, Pearland, Texas. 2. Presentation of Proclamations proclaiming The Month of July, 2013, as "National Parks and Recreation Month." 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 20, 2013, Special Meeting, held at 6:00 p.m. 2. Minutes of the June 3, 2013, Special Meeting, held at 7:00 p.m. 3. Minutes of the May 20, 2013, Joint Public Hearing Meeting, held at 6:30 p.m. 4. Minutes of the June 17, 2013, Joint Public Hearing Meeting, held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING 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 Page 1 of 5 — 6/24/2013 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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. Page 2 of 5 —6/24/2013 F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-96 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR EMS MEDICAL SUPPLIES. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR WATER METERS AND RELATED PARTS. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR METER INTERFACE UNIT INSTALLATION SERVICES. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-98 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A BID FOR DITCH CLEANING 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. 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 '/ OF THE NORTHWEST '/ 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. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST 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 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. Page 3 of 5 — 6/24/2013 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR THE TRANSPORTATION OF OIL AND GAS PRODUCTS. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — FIRST 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. 5. CONSIDERATION AND POSSIBLE ACTION — FIRST 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; DECLARING AN EMERGENCY 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. 6. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-101 — A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000, FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH SERIES OF CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-102 — 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 PLANNING SERVICES ASSOCIATED WITH THE COMPREHENSIVE PLAN UPDATE. Mr. Bill Eisen, City Manager. Page 4 of 5 — 6/24/2013 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-97 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A COMMERCIAL/INDUSTRIAL SEWER USE CREDIT PROGRAM. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-99 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2012 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City Manager. 10. CONSIDERATION AND POSSIBLE ACTION — APPOINTMENT OF MEMBERS TO THE CONVENTION AND VISITORS BUREAU ADVISORY BOARD. Mr. Bill Eisen, City Manager. IV. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE REQUEST OF THE CITY MANAGER TO CLARIFY HIS ROLES AND RESPONSIBILITIES. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: 11. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REQUEST OF THE CITY MANAGER TO CLARIFY HIS ROLES AND RESPONSIBILITIES. City Council. X. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq 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 20th day of June, 2013 at 5:30 p.m. „ R A-I _ "0, i .� .���; ` • `ag ung L• ping R /�� �+ ' ity Se zetary Agenda removed day of June, 2013. Page 5 of 5 — 6/24/2013