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2013-08-12 CITY COUNCIL MEETING AGENDA • AGENDA — OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, AUGUST 12, 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 June 10, 2013, Regular Meeting, held at 7:30 p.m. 2. Minutes of the July 15, 2013, Joint Public Hearing, held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE THE ABSENCE OF COUNCILMEMBER SUSAN SHERROUSE FROM THE REGULAR COUNCIL MEETING HELD ON JULY 22, 2013. City Council. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL ORDINANCE NO. 1487 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS EXTENDING TRAFFIC RULES AND REGULATIONS TO CERTAIN PRIVATE ROADS OWNED AND MAINTAINED BY BELLAVITA PROPERTY OWNERS ASSOCIATION AND CONTAINED WITHIN THE BELLAVITA SUBDIVISION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES AND FINES; PROVIDING FOR ADMINISTRATION; PROVIDING FOR CONFLICTS WITH OTHER LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Page 1 of 6 — 8/12/2013 D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR ROAD STRIPING SERVICES. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY BID FOR EMPLOYEE UNIFORM RENTAL SERVICES. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HEREBY DESIGNATING CERTAIN VEHICLES AS EMERGENCY VEHICLES OF THE EMERGENCY MEDICAL SERVICES DEPARTMENT OF THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. VII. MATTERS REMOVED FROM CONSENT AGENDA VIII. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1488 — AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2013; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000CUP-66 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING 5.00 ACRES OUT OF THE G.T. & B.R.R. COMPANY SURVEY, A-304 IN BRAZORIA COUNTY, TEXAS. BEING THE SAME LAND DESCRIBED AS 5.00 ACRES IN A WARRANTY DEED FROM STEVEN C. MUTH TO HOUSTON CHINESE CHURCH, DATED JULY 5, 2007 AND RECORDED AS DOCUMENT NO. 2007039242, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT THE 2500 BLOCK OF MILLER RANCH RD., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-05 TO ALLOW FOR A CHURCH, TEMPLE, OR PLACE OF WORSHIP IN THE SINGLE FAMILY RESIDENTIAL-1 (R-1) DISTRICT AT THE REQUEST OF RAYMOND JJ ZHUO, APPLICANT, ON BEHALF OF Page 2 of 6 — 8/12/2013 HOUSTON CHINESE CHURCH, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Mananger. 3. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000CUP-67 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOTS 13, 14 AND 15, BLOCK E, PEARLAND, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF BRAZORIA COUNTY, TEXAS IN VOLUME 29, PAGE 41 OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS. (LOCATED AT 3901 PLUM ST., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-06 TO ALLOW FOR AN ADULT DAYCARE IN THE OLD TOWNSITE MIXED USE (OT-MU) DISTRICT AT THE REQUEST OF RENEA SARTAIN, APPLICANT, ON BEHALF OF JAMES C. PACE, OWNER, 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. 2000M-107 — 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 TRACT OF LAND 100 FEET X 200 FEET OUT OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, OF THE H.T. & B. RAILWAY SURVEY, ABSTRACT 239, BRAZORIA COUNTY, TEXAS. (LOCATED AT 4606 WALNUT ST., PEARLAND, TX.) ZONE CHANGE 2013-12Z, A REQUEST OF ERINN BROWN, APPLICANT, AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL — 2 (R- 2) ZONE TO THE OFFICE PROFESSIONAL (OP) 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. 5. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 2000M-108 — 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 Page 3 of 6 — 8/12/2013 BEING 2.00 ACRES OF LAND SITUATED IN THE C.J. HALL SURVEY, ABSTRACT NO. 215, IN BRAZORIA COUNTY, TEXAS; BEING A PART OF THAT SAME TRACT OF LAND DESIGNATED AS TRACT 8 AND DESCRIBED IN THE DEED OF LENNAR HOMES OF TEXAS, INC. RECORDED IN BRAZORIA COUNTY CLERKS FILE NO. 94-009151, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT THE NORTHWEST CORNER OF MCHARD RD. AND CULLEN BLVD., PEARLAND, TX) ZONE CHANGE 2013- 13Z, A REQUEST OF KEITH SCHOONOVER OF LENNAR HOMES, APPLICANT FOR LENNAR HOMES OF TEXAS, INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL - 3 (R-3) 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. 6. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1489 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 33.765 ACRES OF LAND. Mr. Darrin Coker, City Attorney. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE MCHARD ROAD PROJECT. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE FITE ROAD PROJECT. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1486 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 14, JUNK AND JUNK DEALERS, TO ADOPT A NEW ARTICLE V, CRAFTED PRECIOUS METALS DEALERS, OF THE CITY OF PEARLAND CODE OF ORDINANCES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 4 of 6 — 8/12/2013 v 10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-125 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS PLACING ON THE AGENDAS OF SEPTEMBER 9, 2013 AND SEPTEMBER 23, 2013 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2013-2014 TAX RATE. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-124 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF SEPTEMBER 9, 2013 AND SEPTEMBER 23, 2013 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2013-2014 BUDGET AND SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1490 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION OF APPROXIMATELY 10.400 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attorney. 13. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2013-126 — 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 PROPOSED DEVELOPMENT IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH CITY ATTORNEY — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. 2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. Page 5 of 6 — 8/12/2013 NEW BUSINESS: 14. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. 15. CONSIDERATION AND POSSIBLE ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. IV. 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 8th day of August, 2013 at 5:30 p.m. tom.• `•;,�, =v,•. A\ '„ Yo g Lo g J / • Ci ecr ary 4,4114 ftil01,1•S y.. Agenda removed `3 day of August, 2013. Page 6 of 6 — 8/12/2013