City Council Meeting Agenda

ALLEN OWEN YOLANDA FORD Mayor Councilmember District A

DON SMITH JERRY WYATT Mayor Pro Tem Councilmember at Large Position 1 Councilmember District B

CHRIS PRESTON ANTHONY G. MAROULIS Councilmember at Large Position 2 Councilmember District C

FLOYD EMERY the show me city Councilmember District D

CITY COUNCIL MEETING AGENDA

Notice is hereby given of a meeting of the City Council of Missouri City to be held on Monday, March 21, 2016, at 7:00 p.m. at: City Hall, Council Chamber, 2nd Floor, 1522 Texas Parkway, Missouri City, Texas, 77489, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code.

Por la presente enviamos aviso de una reunión del Concejo de la Ciudad de Missouri, la cual se celebrará el día lunes 21 de marzo del 2016 a las 7:00 pm en: Ayuntamiento, Cámara del Concejo, 2do piso, 1522 Texas Parkway, Missouri, Texas, con el propósito de considerar los siguientes puntos. Todos los puntos están sujetos a la toma de medidas. El Concejo de la Ciudad se reserva el derecho de reunirse en una sesión cerrada para debatir cualquier punto en caso de ser necesario y de realizarse de acuerdo con la autorización del Título 5, Capítulo 551 del Código Gubernamental de Texas.

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND RECOGNITIONS – There are no Presentations and Recognitions on this agenda.

4. PUBLIC COMMENTS An opportunity for the public to address City Council on agenda items or concerns not on the agenda- -those wishing to speak must complete the orange comment card, present the comment card to the City Secretary prior to the beginning of the meeting, and observe a three-minute time limit.

5. STAFF REPORTS (a) City Manager announcements.

6. CONSENT AGENDA All consent agenda items listed are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests; in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information concerning consent agenda items is available for public review.

(a) Consider approving the minutes of the special and regular City Council meetings of March 7, 2016.

(b) Consider an ordinance approving a request to rezone an approximate 10.87 acre-tract of land from SD suburban district to LC-3 retail district; amending the comprehensive plan, as applicable; providing a penalty; and consider the ordinance on the second and final reading. The subject site is located on the southeast corner of Sienna Parkway and Watts Plantation

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Road, north and west of the Waterbrook residential subdivision and east of the Avalon at Sienna Plantation residential subdivision.

(c) Consider an ordinance approving a request to rezone an approximate 27.76 acre-tract of land from SD suburban district to PD Planned Development District No. 99 to allow for a mixed use development to include a gymnastics facility and commercial uses; amending the comprehensive plan, as applicable; providing a penalty; and consider the ordinance on the second and final reading. The subject site is located north of Flat Bank Creek, south and east of Elkins High School, and west of Christian Brothers Automotive and Dance Works.

(d) Consider an ordinance approving an amendment to Section 9, Supplementary District Regulations, of Appendix A of the Missouri City Code, entitled the “City of Missouri City Zoning Ordinance”, providing regulations for emergency based special events; providing a penalty; and consider the ordinance on the second and final reading.

(e) Consider rejecting all bids for Bid Number 16-086 for cost recovery services for certain emergency services.

7. PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances – There are no Zoning Public Hearings and Ordinances.

(b) Public Hearings and related actions – There are no Public Hearings and related actions.

8. APPOINTMENTS – There are no Appointments on this agenda.

9. AUTHORIZATIONS (a) Consider authorizing the purchase of a new street sweeper through the Houston-Galveston Area Council cooperative purchasing program.

(b) Consider authorizing the purchase of a new mud jack through the Texas Association of School Boards BuyBoard cooperative purchasing program.

(c) Consider authorizing the execution of a contract for the purchase of datacenter network equipment and services for the Department of Innovation and Technology through the State of Texas Department of Information Resources cooperative purchasing program.

10. ORDINANCES/ORDENANZAS (a) Consider an ordinance amending Ordinance No. O-16-08, adopted on February 15, 2016; amending the Election Day and early voting polling places for the general election to be held on Saturday, May 7, 2016; making other provisions related to the subject; and consider the ordinance on the first and final reading.

(a) Considerar una ordenanza de la ciudad de Missouri City, Texas, que enmienda la Ordenanza Nº O-16-08, adoptada el 15 de febrero de 2016; modifica los lugares de votación anticipada y del día de las elecciones para las elecciones generales a realizarse el sábado 7 de mayo de 2016; establece la derogación; dispone la divisibilidad; y establece otras disposiciones relacionadas al tema; y considerar la ordenanza en primera y ultima lectura.

11. RESOLUTIONS (a) Consider a resolution ratifying the creation of the Missouri City Parks Foundation and the submission of the application for formation thereof; approving bylaws for said foundation; and making certain findings relating thereto.

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12. CITY COUNCIL ANNOUNCEMENTS Discussion, review, and possible action regarding a meeting or activity of one or more of the following entities (each entity refers to a City of Missouri City entity unless otherwise indicated): Charter Review Commission, Community Development Advisory Committee, Construction Board of Adjustments, Electrical Board, Parks Board, Planning and Zoning Commission, Tax Increment Reinvestment Zone Boards, Fort Bend Chamber of Commerce, Houston-Galveston Area Council, Fort Bend Regional Council, Texas Municipal League, Fort Bend County, Harris County, Gulf Coast Building and Construction Trades Council, Mayor’s Youth Commission, Finances and Services Committee, Fort Bend Leadership Forum, Fort Bend County Drainage District, Economic Development Committee, Missouri City Police and Fire Auxiliary, Livable Community Committee, Texas Parkway Alliance, High Performance Organization Committee, Missouri City Juneteenth Celebration Foundation, Fort Bend County Mayor and Council Association, METRO, Planning, Development and Infrastructure Committee, Fort Bend Independent School District, Greater Fort Bend Economic Development Coalition, Transportation Policy Council, Community Development Advisory Committee, Technical Advisory Committee, Veterans Memorial Committee, Missouri City Recreation and Leisure Local Government Corporation, Missouri City Development Authority, Greater Houston Partnership and Emergency Management Updates.

13. CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Chapter 551 of the Texas Government Code.

14. RECONVENE Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session.

15. ADJOURN

In compliance with the Americans with Disabilities Act, the City of Missouri City will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Maria Jackson, City Secretary, at 281.403.8686. CERTIFICATION

I certify that a copy of the March 21, 2016, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on March 18, 2016, at 4:00 p.m.

______Yomara Frias, City Secretary Department

I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the ____ day of ______, 2016.

Signed: ______Title: ______

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the show me city Council Agenda Item March 21, 2016

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND RECOGNITIONS – There are no Presentations and Recognitions on this agenda.

5. STAFF REPORTS (a) City Manager announcements.

ALLEN OWEN YOLANDA FORD Mayor Councilmember District A

DON SMITH JERRY WYATT Mayor Pro Tem Councilmember at Large Position 1 Councilmember District B

CHRIS PRESTON ANTHONY G. MAROULIS Councilmember at Large Position 2 Councilmember District C

the show me city FLOYD EMERY Councilmember District D CITY COUNCIL SPECIAL MEETING MINUTES

The City Council of the City of Missouri City, Texas, met in special session on Monday, March 7, 2016, at the City Hall, Council Conference Room, 2nd Floor, behind Council Chamber, 1522 Texas Parkway, Missouri City, Texas, 77489, at 5:45 p.m. to consider the following:

1. ROLL CALL Mayor Owen called the meeting to order at 5:52 p.m.

Those also present: Mayor Pro Tem Smith, Councilmembers, Wyatt, Preston, Ford, Maroulis and Emery; City Manager Snipes, City Attorney Iyamu, City Secretary Jackson, Assistant City Manager Atkinson, Assistant City Manager Elmer, Director of Economic Development Esch, Interim Director of Finance Higgins and Media Relations Specialist Stottlemyer. Also present: Frank Hester, Joe Morrow and Scheffie Lindquist.

2. DISCUSSION/POSSIBLE ACTION (b) Discussion regarding the 2016 general obligation refunding bond results.

Joe Morrow with First Southwest presented and went in depth on the refunding results for the City 2016 general obligation bonds.

(a) Discussion regarding the 2016 board, committee, and commission member appointments and reappointments.

City Secretary Jackson led the discussion regarding the appointments and reappointments to several City boards and committees. Councilmember Preston stated that many of current members have been on these committees for a long period and he would like to reach out to other citizens so that they can have the opportunity to be involved, as well. Mayor Pro Tem Smith believes the members of committees have done a great job and just because they have tenure does not mean they need to be replaced. Councilmember Wyatt requested the resume of any new candidate Council was requested to consider. Councilmember Ford inquired if those who attend the Citizens University have the opportunity to sign up to serve. Both City Secretary Jackson and Media Relations Specialist Stottlemyer confirmed that they do.

Councilmember Ford requested a list of the 2015 board, committee, and commission meetings and how often they met.

City Council discussed submitting new names of residents whom are interested in serving the community. They decided to postpone offering another two-year term to several board members until the next City Council meeting. This would give Council more time to submit names for consideration.

In regards to the electrical board, Council would like to extend the offer to Ramon Guerrero. Regarding the Charter Review Commission, Council would like to ask Joe Workman, Albert Glover, Scott Moseley and Eunice Reiter if they would be willing to serve, should Council wish to appoint them. Additional names of those recommended would be considered at a future City Council meeting.

Councilmember Maroulis requested the Board, Committee, Commission, Policy & Procedure to be updated to include an interview of all members after a certain number of years.

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(c) Discussion on the City Council process for adding or pulling items from the agenda; requesting special City Council meetings; creating committees; assigning councilmembers and residents to committees; and selecting a mayor pro tem.

Councilmember Ford stated she asked for this item to be placed on the agenda to see what the City’s Home Rule Charter states for the items listed in 2c. City Secretary Jackson discussed the process for adding or pulling items from an agenda. She states when an item was requested, the City Manager works with staff to determine which City Council meeting agenda the item would be placed on. To the extent the item was already on an agenda and the City received a request to pull it from the agenda, City Council could move forward with tagging an item, propose a motion to postpone to another meeting, proposed a motion to amend the policy, or vote for or against a policy. City Manager Snipes stated he had no concerns with the process as long as Council was patient. Jackson stated anyone from Council could request an item to be placed on the agenda. She then asked if this process was requested to be revised. Council recommended no changes to the process.

Regarding special City Council meeting requests, Jackson stated Council was polled to determine their availability to attend by phone and email. Section 2-72 of the City’s Code of ordinances states a special meeting of Council shall be called by the City Secretary upon the written request of a majority of the members of the council qualified and serving. She further stated, if a quorum of City Council was available to attend, a Special City Council meeting would be called and posted according to the Texas Open Meetings Act.

Councilmember Ford then requested an overview on the creation of citizen committees. Jackson discussed the December 21, 2015, special City Council meeting, where City Council addressed the process for establishing new citizen committees. During this meeting, Council stated all requests for citizen committees should be brought before City Council for discussion and consideration during a special City Council meeting; and, approved by majority vote. Council made no changes to the process.

City Secretary Jackson then discussed assigning Councilmembers and residents to committees. Regarding assigning Councilmembers to committees, the Mayor, current and new City Councilmembers elected into office after the May municipal elections review the Council Committees for the upcoming fiscal year. Amendments are made to the Council Committees at this time. Regarding assigning residents to committees, the City follows the City Council approved Boards, Committees, Commissions and Task Forces Policy and Procedure.

Regarding the selection of a mayor pro tem, Jackson stated Section 3.05 of the City’s Code of Ordinances states the mayor pro tem shall be a councilmember and shall be elected by the council at the first regular council meeting following each regular city election. The councilmember elected as the mayor pro tem shall hold the title and serve in such capacity at the pleasure of the council. The mayor pro tem shall act as mayor during the absence or disability of the mayor and when so acting in this capacity shall have the authority conferred upon the mayor. She added in 2014, a mayor pro tem rotation policy was discussed but not approved by City Council.

3. CLOSED EXECUTIVE SESSION After proper notice given pursuant to the Texas Open Meetings Act, the City Council went into Executive Session at 6:55 p.m.

Texas Government Code, Section 551.074 – Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: the city manager.

4. ADJOURN With no action taken, the special City Council meeting adjourned at 7:05 p.m.

ATTEST:

Allen Owen, Mayor Maria Jackson, City Secretary

Page 2 of 2 March 7, 2016, Special City Council Meeting Minutes

ALLEN OWEN YOLANDA FORD Mayor Councilmember District A

DON SMITH JERRY WYATT Mayor Pro Tem Councilmember at Large Position 1 Councilmember District B

CHRIS PRESTON ANTHONY G. MAROULIS Councilmember at Large Position 2 Councilmember District C

the show me city FLOYD EMERY Councilmember District D CITY COUNCIL MEETING MINUTES

The City Council of the City of Missouri City, Texas, met in regular session on Monday, March 7, 2016, at the City Hall, Council Chamber, 2nd Floor, 1522 Texas Parkway, Missouri City, Texas, 77489, at 7:00 p.m. to consider the following:

1. ROLL CALL Mayor Owen called the meeting to order at 7:07 p.m.

Those also present: Mayor Pro Tem Smith, Councilmembers Wyatt, Preston, Ford, Maroulis and Emery; City Manager Snipes, City Attorney Iyamu and City Secretary Jackson.

2. The PLEDGE OF ALLEGIANCE was led by Cub Scout Troop No. 1401.

3. PRESENTATIONS AND RECOGNITIONS Mayor Owen recognized Russell Sander for his years of service to the City of Missouri City, Texas. Sander said a few words and thanked the community and city for letting him serve. Mayor Owen recognized Men for Change for being recognized by Congressman Pete Olson in winning the HGAC 2015 Parks Areas award.

4. PUBLIC COMMENTS Cynthia Nguyen, 2700 Lake Olympia Pkwy, Suite103, spoke about the Rainbow of Love whom would be holding an Easter basket drive for disadvantaged families.

Norm Johnson, 2714 Victoria Court, discussed the vacant house at 2203 Victoria Court and thanked the Code Enforcement team for helping correct the problem. He noted the house structure walls are still in need of repair. Mr. Johnson also referenced 2211 Victoria Court and stated the structure was in need of repair.

5. STAFF REPORTS City Manager Snipes stated the City has earned the distinguished budget presentation award from the Government Finance Officers Association, which was the highest recognition. Snipes thanked the Finance Department for a job well done. He announced the leadership luncheon scheduled this month would be a tour of the Ben E. Keith distribution center. Snipes noted the CDBG application deadline was Friday, March 11, 2016. He invited everyone to attend Eggpalooza to be held on March 11 at Community Park. Snipes gave kudos to the Parks Department for a successful Annual Arbor Edible tour they hosted for residents. Snipes also wished the City a happy 60th birthday.

6. CONSENT AGENDA (a) Consider approving the minutes of the special and regular City Council meetings of February 15, 2016, and the special City Council meeting of February 29, 2016. (b) Consider declaring an exemption from competitive bidding laws and authorize the execution of an agreement to purchase datacenter network 10GB upgrade. (c) Consider approving the designation of an acting city manager pursuant to Section 4.01.E of the City Charter of the City of Missouri City, Texas.

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Mayor Owen noted item 6b was pulled from the agenda. He also requested the City Secretary to read the requested amendment to the February 15, 2016, regular meeting minutes. City Secretary Jackson stated the request was to amend the wording to the motion for agenda item 9a from, “Councilmember Wyatt moved to amend the contract to state, intent of the developer was to improve parkland” to “Councilmember Wyatt moved to amend the contract to state, intent of the developer was to provide developed parkland.”

Councilmember Wyatt moved to approve the amendment to the February 15, 2016, regular meeting minutes. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

Mayor Pro Tem Smith moved to approve all Consent Agenda items pursuant to recommendations by City Staff. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY.

7. PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances (1) Public hearing to receive comments for or against a request to rezone an approximate 10.87 acre-tract of land from SD suburban district to LC-3 retail district; amending the comprehensive plan, as applicable; providing a penalty; and consider an ordinance on the first of two readings. The subject site is located on the southeast corner of Sienna Parkway and Watts Plantation Road, north and west of the Waterbrook residential subdivision and east of the Avalon at Sienna Plantation residential subdivision.

The public hearing opened at 7:34 p.m. Planner I Abraham stated the item was for a straight rezoning from SD suburban district to LC-3, retail district for commercial/retail purposes. The LC-3, retail district would allow for commercial and retail uses typically found along major highways that provide for a citywide or regional service area. These uses include but are not limited to medical care facilities, retail stores, fuel stations, furniture stores, and auto repairs. The proposed rezoning was supported by Goal 2.2 of the City’s Comprehensive Plan, which provides that the City should seek “more varied development to move beyond a bedroom community perception of Missouri City.” The proposed rezoning was not in conformance with the Future Land Use and Character Map, which identifies subject site as estate character. Staff recommends approval and the Planning and Zoning Commission forwards a positive recommendation. Abraham noted a protest letter was received.

Councilmember Maroulis inquired if a market study was performed. Llarance Turner stated they have not prepared a market study for a specific use and with an LC-3; however, there would be a variety of uses for the property. He stated utility, water, sewer services would be obtained from the MUD districts. Councilmember Emery inquired if they had reached out to the HOAs from the area. Turner stated they reached out to nearby HOA representatives and their management companies to inform them of their plans. Councilmember Maroulis asked if Watts Plantation would be expanded. Assistant City Manager Elmer stated there are plans for it to be expanded, along with a dedication of the right of way.

Councilmember Wyatt moved to close the public hearing at 7:44 p.m. and approve the ordinance. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

(2) Public hearing to receive comments for or against a request to rezone an approximate 27.76 acre-tract of land from SD suburban district to PD Planned Development District to allow for a mixed use development to include a gymnastics facility and commercial uses; amending the Comprehensive Plan, as applicable; providing a penalty; and consider the ordinance on the first of two readings. The subject site is located north of Flat Bank Creek, south and east of Elkins High School, and west of a Christian Brothers Automotive and Dance Works.

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The public hearing opened at 7:45 p.m. Interim Assistant Director of Development Services Thomas Gomez stated the request was to rezone from SD suburban district to PD planned development district to allow for a mixed use development, gymnastics facility and commercial uses. She noted that due to significant areas of the subject property being contained within a floodplain, the applicant was seeking flexibility in the site design for the acreage to be developed. The applicant made changes for a deviation from the requirement on planning islands and diamonds in the parking lot. It was conceptual in nature and does not need a requirement in terms of the distribution. The recommendation to Planning and Zoning was that the applicant provide pedestrian walkways through the parking lot to connect the buildings, which the applicant has provided drawings of. Both Staff and the Planning and Zoning Commission forward a positive recommendation as long as the metal panel to the rear was not visible to the public. Councilmember Wyatt inquired about landscape and greenery on the parking lot. Thomas Gomez stated they are required to have 20% for shrubs. Mayor Owen inquired about the purpose of the facilities. Thomas Gomez stated buildings would be used for gymnastics, swimming and dance. The rest of the building are general retail facilities and one may be used for a restaurant.

Councilmember Wyatt moved to close the public hearing at 7:58 p.m. and approve the ordinance with recommendations made by the Planning and Zoning commission. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY.

(3) Public hearing to receive comments for or against an amendment to Section 9, Supplemental Regulations, of Appendix A of the Missouri City Code, entitled the City of Missouri City Zoning Ordinance, providing rules and regulations for emergency based special events; providing a penalty; and consider the ordinance on the first of two readings.

The public hearing opened at 7:59 p.m. Interim Director of Development Services Carpenter stated that during the last damaging weather event, emergency special permits were needed to support emergency services to the City. The code does not provide for emergency special event permits and this code change would provide for emergency special event permits, review and approval processes; and, would set standards for performance and duration of such events.

Carpenter noted this amendment was supported by the Planning and Zoning Commission. A process allowing advance approval of a site plan for the emergency special event was proposed prior to applicant applying for an emergency special event permit. Two 30-day events within a calendar year at any one location with extensions would be possible through the approval of City Manager and Council. Councilmember Wyatt believes they need to be prepared for all types of natural disasters.

Councilmember Maroulis moved to close the public hearing at 8:09 p.m. and approve the ordinance. Councilmember Ford seconded. MOTION PASSED UNANIMOUSLY.

(b) Public Hearings and related actions (1) Public hearing to receive comments for or against the disannexation of a 33.07-acre tract of land located north of Sienna Springs Boulevard, south of Oyster Creek Farms residential subdivision, west of the Houston Community College Sienna Plantation campus, and east of Section 3 of the Sienna Village of Anderson Springs residential subdivision.

The public hearing opened at 8:09 p.m. With no further comments, Mayor Pro Tem Smith moved to close the public hearing at 8:10 p.m. Councilmember Maroulis seconded. MOTION PASSED UNANIMOUSLY.

(2) Public hearing to receive comments for or against the disannexation of a 48.97-acre tract of land located north of Watts Plantation Road, south of Fort Bend Parkway, west of Oyster Creek, and east of the city limit line of the City of Missouri City along Sienna Parkway.

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The public hearing opened at 8:10 p.m. City Attorney Iyamu stated the reannexation of the property includes a portion of Sienna Parkway. Upon the petition of the owners, the City could reannex this property if Council finds it was in the public interest.

With no further comments, Mayor Pro Tem Smith moved to close the public hearing at 8:12 p.m. and approve the order. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

(3) An order of the city council establishing a public hearing date to consider the update of the land use assumptions and the capital improvement plans for the Lake Olympia Parkway extensions service area.

The public hearing opened at 8:12 p.m. With no comments, Councilmember Wyatt moved to close the public hearing at 8:13 p.m. and approve the ordinance. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY.

8. APPOINTMENTS (a) Consider the appointment of Adrienne Barker to the Board of Directors of Missouri City Management District No. 1.

Councilmember Wyatt moved to appoint Adrienne Barker to the Board of Directors of Missouri City Management District No. 1. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

9. AUTHORIZATIONS (a) Consider authorizing the Exchange Club of Fort Bend’s request to post Child Abuse Awareness signs along Highway 90-A and Present Street.

Councilmember Wyatt moved to authorize the Exchange Club of Fort Bend’s request to post Child Abuse Awareness signs along Highway 90-A and Present Street. Councilmember Ford seconded. MOTION PASSED UNANIMOUSLY.

(b) Consider authorizing the purchase of police and fire employee uniforms.

Mayor Pro Tem Smith moved to authorize the purchase of police and fire employee uniforms. Councilmember Maroulis seconded. MOTION PASSED UNANIMOUSLY.

(c) Consider authorizing the termination of a sub-recipient agreement with Fifth Ward for owner occupied housing rehabilitation consulting services through the Community Development Block Grant program.

Mayor Pro Tem Smith moved to authorize the termination of a sub-recipient agreement with Fifth Ward for owner occupied housing rehabilitation consulting services through the Community Development Block Grant program. Councilmember Ford seconded. MOTION PASSED UNANIMOUSLY.

There were no ORDINANCES.

11. RESOLUTIONS (a) Consider a resolution adopting a schedule of fees pertaining to the provision of emergency services; providing an effective date; and providing for repeal.

Interim Fire Chief Campbell went in depth on the amendments to the schedule of fees.

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Councilmember Emery moved to adopt the resolution. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY.

12. CITY COUNCIL ANNOUNCEMENTS Councilmember Preston gave kudos to Missouri City Green for the Arbor Edible event. Councilmember Emery announced he was elected by HGAC to serve as Vice-Chair for the board this coming year.

13. ADJOURN The regular City Council meeting adjourned at 8:25 p.m.

ATTEST:

Allen Owen, Mayor Maria Jackson, City Secretary

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the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 6(b) Ordinance to rezone an approximate 10.865 acre tract of land from SD, suburban district to LC-3, retail district; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

Submitted by: Kelly Carpenter, AICP, Executive Contractor, Development Services Jennifer Thomas Gomez, AICP, Interim Asst. Director of Development Services Prepared by: Jose Abraham, Planner I

SYNOPSIS

This is the second and final reading of an ordinance to rezone an approximate 10.865 acre tract of land from SD, suburban district to LC-3, retail district.

The subject site is located on the southeast corner of Sienna Parkway and Watts Plantation Road, north and west of the Waterbrook residential subdivision and east of the Avalon at Sienna Plantation residential subdivision.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Grow Business Investments in Missouri City

BACKGROUND

The applicant is seeking to rezone the subject site from SD, Suburban district to LC-3, retail district to be able to develop the site for commercial/retail purposes. A specific user has not been identified to date.

The LC-3, retail district would allow for commercial and retail uses typically found along major highways that provide for a citywide or regional service area. These uses include but are not limited to medical care facilities, retail stores, fuel stations, furniture stores, and auto repairs. The proposed rezoning is supported by Goal 2.2 of the City’s Comprehensive Plan which provides that the City should seek “more varied development to move beyond a bedroom community perception of Missouri City.” The proposed rezoning is not in conformance with the Future Land Use and Character Map which identifies subject site as estate character.

Staff recommended approval and to amend the Future Land Use and Character Map to Suburban Commercial. The Planning and Zoning Commission forwards a positive recommendation.

SUPPORTING MATERIALS

1. Ordinance 2. Notice of public hearing 3. Notice of public hearing to adjoining property owners 4. Mailing labels for adjoining property owners 5. Rezoning application protest letters analysis 6. Protest letter

STAFF’S RECOMMENDATION

Staff recommends approval of the ordinance.

ORDINANCE NO. O-16-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, CHANGING THE ZONING CLASSIFICATION OF 10.87 ACRES OF LAND FROM SD SUBURBAN DISTRICT TO LC-3 RETAIL DISTRICT; DESCRIBING SAID 10.87-ACRE TRACT OF LAND; AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MISSOURI CITY; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.

* * * * *

WHEREAS, Jewell K. Watts, is the owner of 10.87 acres of land within the corporate limits of the City of Missouri City, Texas (the “Property”); and

WHEREAS, the Property constitutes a portion of the total 1,281 acres of land annexed by the City of Missouri City pursuant to Ordinance No. O-81-29, adopted on December 21, 1981; and

WHEREAS, said Property presently has a zoning classification of SD suburban district under Ordinance No. O-82-51, adopted on November 15, 1982, and

WHEREAS, the owner’s agent, Llarance L. Turner of Kelly R. Kaluza & Associates, Inc., has made application to the City of Missouri City to change the zoning classification of said Property from SD suburban district to LC-3 retail district; and

WHEREAS, the Planning and Zoning Commission and the City Council of the City of Missouri City have each conducted, in the time and manner and after the notice required by law and the City of Missouri City Zoning Ordinance, a public hearing on such proposed change in the zoning classification; and

WHEREAS, the Planning and Zoning Commission of the City of Missouri City has issued its final report and the City Council of the City of Missouri City now deems it appropriate to adopt such change in zoning classification; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. As required by law, the City Council of the City of Missouri City conducted the public hearing on the proposed zoning reclassification and closed the public hearing prior to the final adoption of this Ordinance.

Section 3. The zoning classification of the Property is hereby changed from SD suburban district to LC 3 retail district. The Property is more fully described in the legal description in Exhibit “A,” attached hereto and made a part hereof for all purposes, and is

Sienna Watts ZMA Ordinance 2016 Page 1 of 3 depicted in Exhibit “A-1,” attached hereto and made a part hereof for all purposes. Exhibit “A- 1” shall be for reference purposes only. In the event that Exhibit “A-1” conflicts with Exhibit “A,” Exhibit “A” shall prevail.

Section 4. The Zoning District Map of the City of Missouri City shall be revised and amended to show the zoning classification of the Property as provided in Section 3 hereof, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of this change.

Section 5. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City of Missouri City, save and except the changes in zoning classification described in Section 3 hereof and the imposition of the findings, regulations, exceptions and conditions contained herein.

Section 6. Comprehensive plan deviation. To the extent this Ordinance represents any deviation from the Future Land Use and Character map of the City of Missouri City Comprehensive Plan, such map is hereby amended to conform with this Ordinance.

Section 7. Repeal. Any ordinance or any other part of any other ordinance in conflict herewith shall be and is hereby repealed only to the extent of such conflict.

Section 8. Penalty. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which violates any provision of this zoning ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day during which said violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or of premises where any violation of this zoning ordinance shall occur, and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense unless otherwise prohibited by law and, upon conviction thereof, shall be punished as above provided.

Sienna Watts ZMA Ordinance 2016 Page 2 of 3

Section 9. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED and APPROVED on first reading this ____ day of ______, 2016.

PASSED, APPROVED and ADOPTED on second and final reading this ____ day of ______, 2016.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Jackson, City Secretary E. Joyce Iyamu, City Attorney

Sienna Watts ZMA Ordinance 2016 Page 3 of 3

RK RAMBLE C

Legend Subject Site FORT BEND PKWY City Limits Line ETJ

SUBJECT SITE N RD WATTS PLANTATION RD WATTS PLANTATIO RD WATTS PLANTATION

WATER BROOK SOUTHHAMPTON CT

MISSOURI CITY ETJ S RESIDENTIAL SUBDIVISION I E N N A W Avalon at Sienna Plantation IL P D A G H R SP O Residential Subdivision K R R D S

N D W ON E L N N E O A M C R T I IA T

O L D TA Y D SI N IR I E P L A C LO N RN A R AVA IBU R AL R O C O

D W I G LN H S ER E I T L BS A A KIR D L S A N S ARK K I P E S EY N B L D L AB R G D R E N E WATEO R BROOK WESET 0 175 350 700 S R M D T R c Feet RESIIDENTIAL SUBDIVNISION K I B E A R E 1 inch = 700 feet D D R BN V E ISE E K NR R A SU L L D N L A R E

DEVELOPMENT SERVICES - PLANNING DIVISION

1522 TEXAS PARKWAY MISSOURI CITY, TEXAS 77489

NOTICE OF PUBLIC HEARING TO ADJOINING PROPERTY OWNERS WITHIN 200 FEET OF PROPERTY SUBJECT TO REZONING

DATE OF NOTICE: January 29, 2016

LOCATION/DATE: The Planning and Zoning Commission of the City of Missouri City will hold a public hearing on Wednesday, February 10, 2016, at the City Council Chambers – 2nd Floor, City Hall Building, 1522 Texas Parkway (FM-2234), Missouri City, Texas at 7:00 p.m.

PURPOSE: To receive comments for or against a request by Llarance L. Turner of Kelly R. Kaluza & Associates, Inc., to rezone an approximate 10.865 acre tract of land from SD, suburban district to LC-3, retail district; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

SITE LOCATION: The subject site is located on the southeast corner of Sienna Parkway and Watts Plantation Road, north and west of the Waterbrook residential subdivision and east of the Avalon at Sienna Plantation residential subdivision.

SITE LEGAL DESCRIPTION: The subject site can be described as being an approximate 10.865 acre tract, being a portion of a 24.021-acre tract conveyed unto Jewell K. Watts, by deed recorded under County Clerk’s File No. 1999110680 of the Official Public Records of Fort Bend County, Texas, situated in the Moses Shipman Survey, Abstract 86, Fort Bend County, Texas.

FOR MORE INFORMATION: Additional information and a map of the subject site are available for review at City Hall, Missouri City, Texas on Monday through Friday from 8:00 a.m. to 4:00 p.m. You may call 281-403-8600 or email the Development Services Department-Planning Division at [email protected] for further information.

WEBSITE www.missouricitytx.gov PHONE 281.403.8600 FAX 281.208.5551

DEVELOPMENT SERVICES – PLANNING DIVISION

1522 TEXAS PARKWAY MISSOURI CITY, TEXAS 77489

January 29, 2016 CITY OF MISSOURI CITY, TEXAS Planning and Zoning Commission The Planning and Zoning Commission of the City of Missouri City will hold a public hearing: Wednesday, February 10, 2016 City Council Chambers 2nd Floor, City Hall Building 1522 Texas Parkway (FM 2234); 7:00 PM

To receive comments for or against a request by Llarance L. Turner of Kelly R. Kaluza & Associates, Inc., to rezone an approximate 10.865 acre tract of land from SD, suburban district to LC-3, retail district; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

This letter is being sent to property owners within 200’ of the subject property as required by law. It is also sent to others on request.

************************************* Dear City Representatives:

____ I/We protest this proposed rezoning because______.

____ I/We support this proposed rezoning because______.

Sincerely, ______Signature Print Name ______Street Address Subdivision ______Return to: Development Services Department Phone Number 1522 Texas Parkway Missouri City, TX 77489 FAX (281) 208-5551 ------The Texas Public Information Act provides the right of the public to access information that governmental bodies produce and how governmental bodies should respond. By submitting this letter to the City, the personal information included can be accessed by the public subject to this Act. Please print and sign your name below if you do not consent to the release of your personal information to the public.

Print Name Signature

Watts Jewell Sienna Plantation LID Sienna Plantation LID PO Box 2214 c/o Allen Boone Humphries LLP c/o Vinson & Elkins LLP Missouri City, TX 77459-2214 3200 Southwest FWY 1001 Fannin ST STE 2600 STE 2300 Houston, TX 77027-7537 Houston, TX 77002-6760 Campbell Shauri G & Thomas A Sienna 325 LP Waterbrook: 1667 Creekside DR c/o The Johnson Development Corp/ [email protected] Sugar Land, TX 77478-4203 Elizabeth York [email protected] 5005 Riverway DR, STE 500 Houston, TX 77056-2196 Waterbrook West: CHARLES DUPRE/FBISD MAX CLEAVER/FBISD [email protected] 16431 LEXINGTON BLVD 16431 LEXINGTON BLVD [email protected] SUGAR LAND TX 77479 SUGAR LAND TX 77479 [email protected]

City of Missouri City, Texas Development Services Department – Planning Division

REZONING APPLICATION PROTEST LETTERS ANALYSIS

Application: Sienna Watts Tract – Zoning Map Amendment City Council First Reading: March 07, 2016

Protest Letters Received from Property Owners Within 200 Feet of Subject Site:

Property Address Land Area OR Property Owner Name (Square Feet) Fort Bend County Account Within 200 Feet Number

Shauri & Thomas Campbell 0086-00-000-2301-907 64,893.44 s.f.

Total Area Represented by Protest(s): 64,893.44 s.f. Total Land Area Including Subject Site: 1,093,140.20 s.f. Subject Site Only Land Area: 473,279.40 s.f. Total Land Area Only Within 200 Feet of Subject Site: 619,860.82 s.f. Protest(s) Percentage of Land Area Within 200 Feet: 10.46%

Note: A total of 0 letters of support and 1 letter of protest have been received for the application request as of February 25, 2016

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 6(c) Ordinance to rezone an approximately 27.76 acre tract of land from SD, suburban district and SUP, Specific Use Permit #164 (Ordinance O-04-23) to PD, Planned Development District

Submitted by: Jennifer Thomas Gomez, AICP, Interim Assistant Director, Development Services

SYNOPSIS

This is the second and final reading of an ordinance to rezone an approximately 27.76 acre tract of land from SD, suburban district and SUP, Specific Use Permit #164 (Ordinance O-04-23) to PD, Planned Development District to allow for a mixed use development to include a gymnastics facility and commercial uses; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

The subject site is located north of Flat Bank Creek, south and east of Elkins High School, and west of a Christian Brothers Automotive and Dance Works.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Have quality development through buildout: Active centers, neighborhoods, housing and mobility

BACKGROUND

The applicant, Brett Dodd, is presently under contract to purchase the subject property. Mr. Dodd has indicated that he is seeking to locate a 30,000-46,000 square foot gymnastics, tumbling and cheer facility; an 8,000 – 10,000 square foot swim academy; and approximately 60,000 – 65,000 square feet of commercial/retail development. The proposed development is projected to occur in three phases with the first phase beginning in late summer 2016.

Due to significant areas of the subject property being contained within a floodplain, the applicant is seeking flexibility in the site design for the acreage to be developed.

Staff recommended approval of the PD with the inclusion of certain site design standards. The Planning and Zoning Commission forwards a positive recommendation.

SUPPORTING MATERIALS

1. Ordinance 2. SUP #164 (Ordinance O-04-23) 3. Draft Planning and Zoning Commission meeting minutes (February 10, 2016) 4. Planning and Zoning Commission final report 5. Application 6. Letter of Owner Authorization 7. Building elevations 8. Ortho map 9. Site pictures 10. Notice of public hearing 11. Notice of public hearing to adjoining property owners 12. Mailing labels for adjoining property owners 13. Rezoning application protest letters analysis 14. Protest Letter_Knights Court Development LLC 15. Protest Letter_Dance Works 16. Protest Letter_Pogue

STAFF’S RECOMMENDATION

Staff recommends approving the ordinance on the final reading.

ORDINANCE NO. O-16-_

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, CHANGING THE ZONING CLASSIFICATION OF 27.76 ACRES OF LAND FROM SD SUBURBAN DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT NO. 99; DESCRIBING SAID 27.76 ACRES OF LAND; REGULATING AND RESTRICTING THE DEVELOPMENT AND USE OF PROPERTY WITHIN SUCH PD PLANNED DEVELOPMENT DISTRICT; AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MISSOURI CITY; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.

* * * *

WHEREAS, Community of Faith, a Texas nonprofit corporation, is the owner of approximately 27.76 acres of land within the corporate limits of the City of Missouri City, Texas (the “Property”); and

WHEREAS, the Property presently has a zoning classification of SD suburban district under Ordinance No. O-81-1, adopted on January 19, 1981; and

WHEREAS, the Property is subject to Specific Use Permit No. 164 providing for places of assembly uses under Ordinance No. O-04-23, adopted on May 17, 2004; and

WHEREAS, the owner’s agent, Brett Dodd, has made application to the City of Missouri City to change the zoning classification of the Property from SD suburban district to PD Planned Development District; and

WHEREAS, pursuant to Section 8.2 of the City of Missouri City Zoning Ordinance, said application was submitted to the City of Missouri City with proof of unified ownership or control of all of the Property; and

WHEREAS, the City of Missouri City Planning and Zoning Commission has issued its final report and the City Council of the City of Missouri City now deems it appropriate to grant such requested change in zoning classification; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct.

Dodd Development PD Ordinance 2016 Page 1 of 4 Section 2. As required by law, the City Council of the City of Missouri City conducted the public hearing on the request for zoning reclassification and closed the public hearing prior to the final adoption of this Ordinance.

Section 3. The zoning classification of the Property is hereby changed from SD suburban district to PD Planned Development District No. 99. The Property can be described as being all of Reserve “A” of the Sienna Valley Community Church Replat, a subdivision recorded under Fort Bend County Clerk's instrument number 20150133 of the Plat Records of Fort Bend County, Texas, and is depicted in Exhibit “A”, attached hereto and made a part hereof for all purposes. Exhibit “A” shall be for reference purposes only. In the event that Exhibit “A” conflicts with the recorded plat, the recorded plat shall prevail.

Section 4. The planned development district shall be developed in accordance with the Missouri City Code, including the City of Missouri City Zoning Ordinance, specifically, all regulations that apply to LC-3 retail districts, and shall be developed generally in accordance with the site plan, Exhibit “B,” attached hereto and made a part hereof for all purposes, and is subject to the following regulations and restrictions:

A. Purpose. The planned development district may include places of assembly uses and LC-3 retail district uses. Improvements to the site shall be designed to enhance the overall urban design and nature of the surrounding area.

B. Use regulations. In the planned development district, no building, structure, or land shall be used and no building or structure shall be hereafter erected, reconstructed, altered or enlarged except as provided in this Ordinance.

The following uses shall be allowed: 1. Recreational places of assembly uses. 2. LC-3 retail district uses.

C. Architectural standards. Except as set forth herein, buildings and structures constructed in the planned development district shall be constructed in accordance with Section 7A, Architectural Design Standards, of the City of Missouri City Zoning Ordinance.

1. Exterior walls may consist of vertical metal panels, provided that: a. such panels shall be installed on the rear of buildings; b. buildings on which vertical metal panels are installed shall be located along the southern boundary of the Property; and c. vertical metal panels shall not be visible from a roadway or driveway used by the general public.

2. The use of a sloping canopy satisfies the requirements of Section 7A.2.C.4 of the City of Missouri City Zoning Ordinance, provided that such canopy shall be constructed in compliance with the materials and color requirements for visible roofing materials set forth in Section 7A.2.F of the City of Missouri City Zoning Ordinance.

Dodd Development PD Ordinance 2016 Page 2 of 4

D. Development schedule. Pursuant to Section 8, PD Planned Development District, this ordinance shall expire on the fifth anniversary of the date the first planned development application was filed if no progress has been made towards completion of this project.

Section 5. The Zoning District Map of the City of Missouri City shall be revised and amended to show the zoning classification of the Property with the appropriate references thereon to the number and effective date of this Ordinance and a brief description of the nature of these changes.

Section 6. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City of Missouri City, save and except the changes in zoning classification described in Section 3 hereof and the imposition of the findings, regulations, restrictions and conditions contained herein.

Section 7. Comprehensive plan deviation. To the extent this Ordinance represents any deviation from the Future Land Use and Character map of the City of Missouri City Comprehensive Plan, such map is hereby amended to conform with this Ordinance.

Section 8. Repeal. Ordinance No. O-04-23, adopted on May 17, 2014, and any ordinance or parts of ordinances in conflict herewith shall be and are hereby repealed only to the extent of such conflict.

Section 9. Penalty. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which violates any provision of this zoning ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day during which said violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or of premises where any violation of this zoning ordinance shall occur, and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense unless otherwise prohibited by law and, upon conviction thereof, shall be punished as above provided.

Dodd Development PD Ordinance 2016 Page 3 of 4 Section 10. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED and APPROVED on first reading this __ day of ______, 2016.

PASSED, APPROVED and ADOPTED on second and final reading this __ day of ______, 2016.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Jackson, City Secretary E. Joyce Iyamu, City Attorney

Dodd Development PD Ordinance 2016 Page 4 of 4 P

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MINUTES PLANNING AND ZONING COMMISSION CITY OF MISSOURI CITY, TEXAS February 10, 2016

1. CALL TO ORDER The Notice of Meeting and Agenda having been duly posted in accordance with legal requirements and a quorum being present, the meeting was called to order by Chairman Brown- Marshall, at 7:00 PM.

2. ROLL CALL Commissioners Present: Sonya Brown-Marshall Tim Haney Jeff Gasper Hugh Brightwell John O’Malley

Commissioners Absent: Commissioner Rose, Commissioner Anand, Commissioner Goff, Commissioner Parker

Councilmembers Present: Chris Preston

Staff Present: Anthony Snipes, City Manager Kelly Carpenter, Executive Contractor, Development Services Jennifer Thomas Gomez, Interim Assistant Director Michael Higgins, Interim Director of Finance Robert Upton, City Engineer Evelyn Kimeu, Assistant City Attorney Jose Abraham, Planner I Samin Bazargan, Planning Intern Nancy Desobry, Office Manager

Others Present: Tom Campbell Shauri Campbell Hector Mercado ReShawn Mercado Kevin Reidy Jerit Pogue Jacob Burgus John Nadolski Carlos Cuevas Brett Dodd Donna Giblin Charisse Kral Alan Jenkins Llarance Turner Geoff Freeman Katherine Edwards

Planning & Zoning Commission February 10, 2016 Page 2

7. ZONING MAP AMENDMENTS

C. PUBLIC HEARING FOR A PLANNED DEVELOPMENT (1) Public hearing to receive comments for or against a request by Brett Dodd to rezone an approximately 27.76 acre tract of land from SD, suburban district and SUP, Specific Use Permit #164 (Ordinance O-04- 23) to PD, Planned Development District to allow for a mixed use development to include a gymnastics facility and commercial uses; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom. The subject site is located north of Flat Bank Creek, south and east of Elkins High School, and west of a Christian Brothers Automotive and Dance Works.

Ms. Gomez presented this item stating the subject property is included within the boundaries of SUP #164 by Ordinance O-04-23. This SUP allows for a church and athletic fields for the use of the subject property and the 12.49 acres adjacent to it to the west. This tract is originally part of a larger tract that was rezoned many years ago to allow for a church to be built. There is still a church that owns a portion directly to the west of this property. Due to significant areas of the subject property being contained within a floodplain, the applicant anticipates that only 10 acres of the total 27.76 acres could be developed. As such, the applicant and the adjacent property owner, Lifepointe Community Church, are considering options for the joint use of the acreage that is limited to development. The applicant, Brett Dodd, is presently under contract to purchase the subject property. Mr. Dodd has indicated that he is seeking to locate a 30,000 – 46,000 square foot gymnastics, tumbling and cheer facility; an 8,000 – 10,000 square foot swim academy; and approximately 60,000 – 65,000 square feet of commercial/retail development. The proposed development is projected to occur in three phases with the first phase beginning the gymnastics facility in late summer 2016. Since a significant amount of the property may be retained in a natural or semi-natural state, the applicant is seeking flexibility in the site design for the acreage to be developed. The swim academy is possible in Fall of 2017. The commercial and retail development following as the market would provide in Summer 2018/2019. The church and applicant are discussing uses for the undeveloped land with minimal impact and to create a unified development for both the retail/commercial as well as the undevelopable area that creates a unified approach for how to use the property. Staff is recommending approval to allow for LC-3 uses within the subject tract, in addition to maintaining the athletic fields use that is permitted under the current SUP ordinance that allowed for the church (O-04-23). Staff is also recommending this tract to be used as an event center for performances related to the gymnastics facility which are typical for those types of organizations. The applicant has provided a conceptual site plan and conceptual elevations. Staff has made recommendations on some of the elements of those plans. In terms of height and area regulations staff is recommending LC-3 regulations be applied. However, on the site plan there is a building labeled event center, the applicant has indicated that label is an error, that their anticipation is for that to be a nice sit-down restaurant that might have an outdoor seating area component. That, itself, would not be a singular event hall, but would be part of the retail/commercial uses within the development. Based on the layout that they have provided, the building is slightly closer to what would be a future rear setback. The applicant is in the process of dividing out the portion of the tract that would be able to be developed from the undeveloped portion. The applicant has laid this site plan out in anticipation of those newly created reserves. Basically, how they have laid it out, it appears that that particular building would not comply; however,

Planning & Zoning Commission February 10, 2016 Page 3 since the site plan is still conceptual in nature and since the uses other than the gymnastics facility are still very conceptual in nature, staff’s recommendation is to just apply the LC-3 retail district and have the applicant work within the site developable area to apply the square footage. On the elevations the applicant has provided exterior elevations for the gymnastics facility only. Generally, they are seeking to meet the material requirement, use of masonry on the sides of the building that would be visible on the site plan. That is the building that is the farthest to the south of the site. The rear of the building would back up to Flat Bank Creek and a lot of vegetation in the area that could not be developed on this particular property. For that rear elevation the applicant is requesting to use a metal panel. The three sides that would be most visible to Highway 6, they would use a combination of stucco and brick. Staff’s recommendation is to allow for the use of the vertical metal panel to the rear, only if the building is placed as far back on the property as shown on the concept plan. As you know, architectural standards were created in order to enhance the corridors, to enhance what the public sees, and also to maintain use of quality material so that we have buildings that are able to sustain over time. The way that this building is set out, staff feels that it would still meet the purpose of architectural standards, to allow for the metal panel to the rear of the building; however, the three sides that would be most visible to the general public should be consistent with architectural standards and complement the Christian Brothers building, the Danceworks building, Elkins High School, and all of the other development and future development within that area. On the elevations there is a slight slope, an eyebrow, on the building design. Staff’s recommendation is to not require an alteration to that particular design element, but consider the slope that has been provided. Regarding landscaping, there is lots of parking to support the gymnastics facility as well as the commercial/retail development that is proposed. The anticipation was that they would seek a reduction from the landscaping requirements because of the amount of area that they would have to leave untouched due to the flood plain issues. However, the way the site is laid out, the landscaping regulations should still apply primarily because there is a lot of parking that would be most visible along Knights Court. There is area and space to maintain the typical transitional buffer and required landscaping that would be typical along Knights Court. One consideration that staff did not put a number on for the Commission to consider is possibly reducing the number of planting islands and diamonds within the parking lot; however, consider a reduction with a requirement that they provide some form of pedestrian pathways that are landscaped within the parking lot. The idea is that the uses work in collaboration in a unified manner. In order for this to be a unified development staff’s recommendation is asking the applicant to reconsider that design and make it more pedestrian friendly, provide areas of shade through the parking lot so that people can comfortably park their car at one part of the development and get to other parts of the development without necessarily having to get back into their vehicles. All other recommendations are to be consistent with LC-3 district. This proposed change is consistent with the goals of the Comprehensive Plan as well as the Future Land Use Plan which anticipates this area to be developed for suburban commercial. Which is typical of what is seen along Highway 6.

Brett Dodd, with BLE Investments and Westwood Gymnastics. Mr. Dodd stated he has a gymnastics academy in Katy as well. He stated they would be more than willing to meet staff’s requirements and recommendations. The land was initially a 40+ acre tract, proposed before as a church. The church has since divided the land which includes the 27 acre tract. In trying to develop a commercial site, there is a 180+’ drainage easement that runs through the property and then there is the area along the back that is essentially cut off from the 10 acre piece that is in the front, where the site plan is on. In talks with Mr. Jenkins with Lifepointe, because he has direct access to these areas from his church there have been discussions about what they could

Planning & Zoning Commission February 10, 2016 Page 4 do to work together to utilize the area that they are not able to develop in a commercial environment. In Katy, in partnership with a neighboring church, they have mutual sports field.

Commissioner O’Malley stated there were some neighbors that voiced their concern about having similar businesses so close together. Commissioner O’Malley asked Mr. Dodd’s opinion about the type of proposed business compared to the Danceworks and 24 Hour Fitness.

Mr. Dodd stated they don’t offer dance at all, so they would not be a direct competitor in any way, shape or form. As far as the other gymnastics facility across the street, they are a competitive program, this is strictly a recreational program in what they offer so their business models are somewhat the same, but slightly different. They have been in business since 1998 and are super proud of what they do. Originally started in 1982 in Cypress and there is one in Katy as well. 70,000 square foot facility in Cypress, a 40,000 square foot facility in Katy. In the process of building a second facility in Cypress. There is always competition, but there are a lot of kids in Missouri City and Sugar Land and areas that have access. He does not foresee that being an issue.

Commissioner Brightwell asked regarding the swim facility, what is the difference between a swim academy, natatorium or what is it?

Mr. Dodd stated this would be similar to FIN Academy, very recreational based swim academies. FIN wants to be a partner to build one on this facility and they cater to similar age kids as the gymnastics and tumbling. It creates a neat environment, kids area, multi-faceted area. FIN has four in the Houston area and have been in the business for 30+ years. They are not really a club oriented facility. Very recreational in base. Mr. Dodd stated they cater to kids 12 months to 18 years.

Charisse Kral, Danceworks, stated her concern is that they moved into the area thinking it was suburbs and church. She is a little nervous when they say restaurant and retail and commercial only because her last two facilities she had to leave for circumstances of tattoo artists in her area with kids, and a bar next to her that was supposed to be a restaurant and it ended up being a bar. So her concern is what is going to go up? She wants to make sure that they are all protected with all of their children and there won’t be a bar going up or a tattoo place.

Mr. Jerit Pogue, Alpha Omega Gymnastics, right across the street from the proposed location. Mr. Pogue stated he did not expect the Commission to protect his business, that is not their job. He is not afraid of competition. He knows Westwood Gymnastics does a quality product. The one thing he will disagree with Brett as about as far as the nature of the business, yes, they have a competitive program, but you don’t make money off the competitive programs, it is the recreational program that drives the business. That is what their business is that is located at Knights Court facility, it is a recreational program. That Knights Court development sat unoccupied for 3 or 4 years, they came in and put in the facility there which has expanded and grown. His landlord is concerned about competition because he just signed a 10 year lease and expanded, with the current structure and nature of his business. The Commission has received a protest letter from the landowner.

Chairman Brown-Marshall stated regarding the children being in these locations, do we have any type of provisions that protect, with the sale of liquor, what could we do?

Ms. Gomez stated distance requirements based on day cares, schools, churches, public/private schools. The dance academy would not be included within that type of provision. Missouri City,

Planning & Zoning Commission February 10, 2016 Page 5 the police, code enforcement efforts, design standards, etc. Missouri City has been quite proactive in ensuring the safety of the community. If there is an issue of that nature the City does have tools in place to address it and nip it in the bud pretty quickly. This is a gateway to the Riverstone community. Also, there is Fort Bend ISD as a partner in this area. There are a lot of stakeholders that would be interested in the character of this area that would work with the City to protect it. There is a process where we would be aware of the character of a facility coming into this area. The Center at Knights Court is LC-3. The vacant land between this parcel and Danceworks is also LC-3. LC-3 is what is found mostly on Highway 6. It is the use we push towards our major corridors.

Motion: To close the public hearing

Made By: Commissioner Haney Second: Commissioner Brightwell

AYES: Chairman Brown-Marshall, Commissioner O’Malley, Commissioner Brightwell, Commissioner Haney, Commissioner Gaspar NAYS: None

The motion passed.

(2) Consideration of the approval of a Final report to City Council on item 7AC(1) above.

Motion: The Planning and Zoning Commission adopt this as a Final report and forward to City Council with a positive recommendation.

Made By: Commissioner Haney Second: Commissioner Brightwell

AYES: Chairman Brown-Marshall, Commissioner O’Malley, Commissioner Brightwell, Commissioner Haney, Commissioner Gaspar NAYS: None

The motion passed.

PLANNING AND ZONING COMMISSION FINAL REPORT

AGENDA DATE: March 7, 2016

AGENDA ITEM SUBJECT: Dodd Development – Planned Development District

AGENDA ITEM NUMBER: 7a2

PROJECT PLANNER: Jennifer Thomas Gomez, AICP, Interim Assistant Director, Development Services

APPROVAL: Jennifer Thomas Gomez, AICP, Interim Assistant Director, Development Services

Kelly Carpenter, AICP, Executive Contractor, Development Services

Sonya Brown-Marshall, Planning and Zoning Commission Chair

PERMIT NUMBER: 1600275

PROPERTY ID: 0077-00-000-1423-907

LOCATION: The subject site is located north of Flat Bank Creek, south and east of Elkins High School, and west of a Christian Brothers Automotive and Dance Works.

RECOMMENDED ACTION:

The proposal complies with the provisions of the Comprehensive Plan and the policies contained in the Land Use Plan. Such policies recommend development of the subject property as suburban commercial, providing for a suburban character. Therefore, the proposed rezoning to allow for commercial/retail uses request would be in conformance. Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 2

The Planning and Zoning Commission adopts this as its Final Report and forwards it to City Council with a positive recommendation for consideration and adoption thereof.

BACKGROUND INFORMATION

The applicant, Brett Dodd, is presently under contract to purchase the subject property. Mr. Dodd has indicated that he is seeking to locate a 30,000 – 46,000 square foot gymnastics, tumbling and cheer facility; an 8,000 – 10,000 square foot swim academy; and approximately 60,000 – 65,000 square feet of commercial/retail development. The proposed development is projected to occur in three phases with the first phase beginning in late summer 2016.

From time to time, events and performances related to the gymnastics, tumbling and cheer programs may be included within a location on the subject property.

As provided below, the subject property is included within the boundaries of SUP #164 by Ordinance O-04-23. This SUP allows for a church and athletic fields for the use of the subject property and the 12.49 acres adjacent to it to the west. Due to significant areas of the subject property being contained within a floodplain, the applicant anticipates that only 10 acres of the total 27.76 acres could be developed. As such, the applicant and the adjacent property owner, Lifepointe Community Church, are considering options for the joint use of the acreage that is limited to development.

Since a significant amount of the property may be retained in a natural or seminatural state, the applicant is seeking flexibility in the site design for the acreage to be developed.

REQUIREMENTS FOR A PD DISTRICT APPLICATION (SECTION 8.2)

A. Ownership: The applicant has submitted ownership documentation as required by Section 8.2.A.

B. Legal Description: The subject site can be described as being all of Reserve A of the Sienna Valley Community Church Replat as recorded in instrument number 20150133 of the Official Public Records of Fort Bend County, Texas.

C. Site plan: A conceptual site plan has been submitted.

1. Water and Sewer Service. A portion of the subject area is served by Fort Bend County Municipal Utility District #46.

2. Drainage. The subject tract is within the Flat Bank Creek watershed.

D. Total acreage: 27.76 acres

Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 3

E. Minimum design standards: The applicant has complied with City standards, except as requested below in the Analysis of the Subject Site.

F. Development Schedule. The applicant has a development schedule pursuant to Section 8.2.D. The development is anticipated to occur in three phases as follows:

Phase 1: Construction to begin July or August 2016 30,000 square foot gymnastics, tumbling and cheer facility Expandable to 46,000 square feet

Phase 2: Fall 2017 8,000 – 10,000 square foot swim academy

Phase 3: Summer 2018-2019 60,000 – 65,000 square feet of commercial development to incorporate retail, restaurants, café’s, etc.

GENERAL SITE INFORMATION:

A. Existing Land Use and Zoning Designation:

Unimproved / SUP #164 (Ordinance O-04-23) / SD, suburban district

B. Surrounding Land Uses and Zoning Designations:

North: Unimproved / SD, suburban district

South: Flat Bank Creek / SD, suburban district

East: Dance Works; Christian Brothers Automotive / LC-3, retail district

West: Unimproved / SUP #164 – Ordinance O-04-23; SD, suburban district

C. Zoning History:

11-17-1980: Subject site annexed by the City of Missouri City (Ordinance O-80-28).

01-19-1981: Subject site zoned SD, suburban district (Ordinance O-81- 01).

05-17-2004: Subject site included within the boundaries of SUP, Specific Use Permit #164 (Ordinance O-04-23)

ANALYSIS OF SUBJECT SITE:

Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 4

A. Purpose. PD, Planned Development District No. ___ is proposed to include a gymnastics facility, swim academy and retail/commercial development. Improvements to the site will be designed to enhance the overall urban design and nature of the surrounding area.

B. Use Regulations. In PD, Planned Development District No. ___, no building, structure, or land should be used and no building or structure should be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in the proposed ordinance.

The applicant, Brett Dodd, is presently under contract to purchase the subject property. Mr. Dodd has indicated that he is seeking to locate a 30,000 – 46,000 square foot gymnastics, tumbling and cheer facility; an 8,000 – 10,000 square foot swim academy; and approximately 60,000 – 65,000 square feet of commercial/retail development consistent with uses permitted within the LC-3, retail district.

From time to time, events and performances related to the gymnastics, tumbling and cheer programs may be included within a location on the subject property.

As provided, the subject property is included within the boundaries of SUP #164 by Ordinance O-04-23. This SUP allows for a church and athletic fields for the use of the subject property and the 12.49 acres adjacent to it to the west. Due to significant areas of the subject property being contained within a floodplain, the applicant anticipates that only 10 acres of the total 27.76 acres could be developed. As such, the applicant and the adjacent property owner, Lifepointe Community Church, are considering options for the joint use of the acreage that is limited to development.

Conformance with the Comprehensive Plan: Goal 2.2. of the City’s Comprehensive Plan provides that the City should encourage “more varied development to move beyond a ‘bedroom community’ perception.”

Conformance with the Future Land Use and Character Map: The Future Land Use and Character Map characterizes the subject site as suburban commercial, providing for a suburban character.

The suburban character is defined by “…development forms [that] result in a more green, open feel compared to more intensively developed areas where buildings, parking areas, and other improvements cover more of their sites…Suburban commercial development is appropriate for office, retail and service uses abutting residential neighborhoods…and in other areas where the community’s image and aesthetic value is to be promoted, such as at ‘gateways’ and high profile corridor locations.”

Staff Recommended: Allow LC-3, retail district uses to be permitted within this PD in addition to the athletic fields permitted under Ordinance O-04-23 and an event center for performances. The use of the subject property for commercial/retail purposes, which would include the gymnastics facility and the swim academy, would be consistent with uses permitted within the LC-3 district.

Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 5

This use is consistent with the goals of the Comprehensive Plan and the Future Land Use and Character map.

As the applicant and Lifepointe Community Church are considering options for the use of the acreage limited to development, it is likely that this area may be used for recreational purposes as an accessory to the church and/or an amenity to the proposed development.

Planning and Zoning Commission Recommends: Approve as staff recommended.

C. Height and area requirements. The height and area regulations for the LC-3 retail district, contained in Section 7.12 of the Zoning Ordinance, should apply in PD, Planned Development District No. ___.

The applicant submitted a conceptual site plan indicating proposed locations for the various phases of the development. The site plan shows a proposed subdivision line (property line) encompassing the 10 acres that are deemed to be developable. Presently the property is platted as a single reserve however the applicant anticipates further subdividing this property in the future.

Generally, the building layouts within the future subdivided area are consistent with the yards as required within the LC-3 district. However, one building along the eastern portion of the property and labeled as “Event Center” with an outdoor area appears to be situated approximately 12 feet from what would be a rear property line.

The applicant has clarified that the “Event Center” label is in error. This property is intended to be a restaurant location with the allowance for an outdoor seating area. The event center label will be removed from the site plan.

The LC-3 district requires a rear yard, a minimum 25 feet.

Staff Recommended: Apply LC-3, retail district height and area regulations within this PD. The site plan as submitted is conceptual in nature and the property line as shown does not presently exist. The applicant should apply the setback requirements of the LC-3 district and adjust the site plan as needed.

Planning and Zoning Commission Recommends: Approve as staff recommended.

D. Architectural Standards: Except as set forth herein, all buildings and structures should be required to meet the requirements of Section 7A, Architectural design standards. All buildings and structures constructed must comply with the building and fire codes adopted by the City.

This application includes a request for an architectural design review.

Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 6

The applicant has submitted conceptual exterior renderings for the proposed 30,000 – 46,000 square foot gymnastics, tumbling and cheer facility however, a material/color board have not yet been submitted for review.

The applicant is advised that such is required to be provided for consideration at the time of building permit review. This architectural design review only includes the gymnastics, tumbling and cheer facility. All other buildings proposed will require an architectural design review to be completed as required.

Section 7A.2.C.2 of the City’s Zoning Ordinance, requires 100% use of masonry materials on exterior walls.

Section 7A.2.C.3. requires, in part, the use of approved primary materials (i.e. – brick, stone or architectural masonry units) to make up a minimum of 33% of each exterior wall or 50% of all exterior walls that are within view of a roadway or driveway used by the general public.

Section 7A.2.C.4. requires the use of visible pitched roofs or architectural elements with visible pitched roofs for all buildings.

The renderings indicate the use of brick and stucco as well as a vertical metal panel on the rear (south) elevation. The use of brick appears to be approximately 400 square feet short of meeting the 50% primary material requirement as provided above. A sloping canopy is included as an architectural element above the front doorway and main entry wall column.

Based upon the conceptual site plan, the proposed location of this building would be to the rear of the subject property, with the rear of the building facing a drainage easement, floodplain and ultimately Flat Bank Creek.

In considering the proposed design, the Commission should note the following goal and direction from the City’s Comprehensive Plan:

“Goal 2.5: Quality design and community appearance. Continue to build upon Missouri City’s reputation for quality…commercial development.”

Additionally, the City’s architectural design standards have been established “…to influence [the] design…of buildings to establish a visually desirable environment…complementing…buildings’ surroundings and protecting property values…” The purpose for these standards are to protect scenic views…[and] shield travelers along roadways from unwelcomed obtrusions…[to] promote economic growth…”

Staff Recommended: Approve the use of the vertical metal panel only on the rear (south) elevation provided that such building is located as far south on the property as possible and that no other buildings or structures are constructed behind it. If the building is located in the area shown on the conceptual site plan,

Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 7

then the use of the vertical metal panel should not be visible to the general public from a roadway or a driveway.

To approve the use of the sloping canopy above the front doorway and main entry wall column as the required architecturally pitched element provided that the material and color requirements for visible roofing material are applied.

To disapprove the reduction on the use of a primary material (brick). The sides of the building that are most visible to the general public, should be required to meet either of the percentage requirements for use of a primary material.

Planning and Zoning Commission Recommends: Approve the use of the vertical metal panel and the sloping canopy as described and disapprove the reduction of a primary material as staff recommended.

E. Landscaping regulations. The landscaping regulations for the LC-3, retail district, contained in Section 11 of the Zoning Ordinance should apply in PD, Planned Development District No. ___.

The applicant has provided a conceptual landscape plan. The plan provides a general schematic showing the potential location of landscaping. A landscape plan would be required to be submitted and approved as part of the building permit application process and prior to the approval of permits for construction.

As provided above, the applicant is seeking flexibility in the site design since a significant amount of the property may be undevelopable and retained in a natural or seminatural state.

Generally, the conceptual landscape plan appears to meet the requirements of Section 11 except for the minimum width of a transitional buffer yard along the Knights Court street frontage as required by Section 11.4.D and the provision of planting islands and diamonds in accordance with Section 11.5.B.1.

The City’s landscaping regulations have been established to “enhance and preserve the value of buildings, reduce adverse effects of traffic, lighting, noise…and to enhance the visual appearance of parking lots by breaking up large expanses of pavement to create and distribute shade throughout parking, and to help define parking areas…”

Staff Recommended: To require a transitional buffer yard as provided in Section 11.4.D. Based upon the proposed layout of the site, the transitional buffer yard is an important component to soften the appearance of vehicles and the parking lot from public view.

A reduction in the number of planting islands and diamonds required could be considered if the applicant incorporates pedestrian walkways and safe pathways for pedestrians to travel within the development without having to drive a vehicle.

The proposed uses, particularly the gymnastics, tumbling and cheer facility in addition to the swim academy have the potential to convene large groups of

Planning and Zoning Commission Final Report Re: Dodd Development – Planned Development District March 7, 2016 - Page 8

children and young people within this development. As such, it is likely that both these children and young people as well as their families would be interested in utilizing the other businesses proposed to be located on the site. The plan should anticipate a safe pedestrian route for them to travel from building to building. These routes could be defined by pavement markings and landscaping to provide shade throughout the parking area.

Planning and Zoning Commission Recommends: Approve as staff recommended.

F. The building regulations, trash disposal regulations, outside placement, storage, sales, and services regulations , parking regulations, sign regulations, and fence regulations for the LC-3, retail district, contained in Section 7.12 of the City’s Zoning Ordinance should apply in PD, Planned Development District No. ___.

G. Utilities. The provision and construction of all utilities should comply with the Infrastructure Standards of the City of Missouri City.

H. Ingress and egress. All driveways and off-street parking areas, including locations should comply with the Infrastructure Standards of the City of Missouri City.

I. Sidewalks. Sidewalks shall comply with the Infrastructure Standards of the City of Missouri City.

------End of Report ------

DEVELOPMENT SERVICES DEPARTMENT Planning & Development Division 1522 Texas Parkway Missouri City, Texas 77489 281-403-8600 (Office) ■ 281-208-5551 (Fax) www.missouricitytx.gov

APPLICATION FOR: Check One: [ ] SPECIFIC USE PERMIT [ ] SPECIFIC USE PERMIT AMENDMENT [ ] PLANNED DEVELOPMENT DISTRICT [ ] PLANNED DEVELOPMENT DISTRICT AMENDMENT SEE EXHIBITS “A” (PAGE 7), “B”, AND “C” (PAGE 8) FOR INFORMATION REQUIRED FOR COMPLETE APPLICATION SUBMITTAL Date of Application: 1/22/2016 1. Project Name: Dodd Development 2. Address/Location of Property: 00 Knights Court 3. Applicant’s Name: Brett Dodd Mailing Address: 2622 Morganfair Lane Katy, Texas 77494 Phone No. :( 832 ) 298 - 7322 Fax No. :( ) - Email: [email protected] 4. Status of Applicant: Owner Agent Attorney Trustee Corporation Relative (If other than Owner, submit written authorization from Owner with application.) 5. Property Owner: Community of Faith Mailing Address: 16124 Becker Road Hockley, Texas 77477 Phone No.:( 832 ) 875 - 2520 Fax No.:( ) - Email: [email protected] 6. Existing Zoning District: Special Use 7. Total Acreage: 10.04 acres of 27.77 acres to be rezoned 8. Proposed Development and Reasons for Application: Planned Development LC3 Currently Zoned for Community of Faith. Brett Dodd is under contract for land. Phase 1 will be gymnastics facility. The rest will be commercial. 9. Legal Description of the Property (If the legal description is a portion of a lot, then a metes and bound description of the tract must be submitted with application.): Subdivision Name: 0077 E Roark Lot No.: Block No.: 1 Volume No.: Page No.: 10. Central Appraisal District tax identification numbers of property (Attach Paid Tax Receipts): R229014 Owner ID O0468955 11. Do deed restrictions or restrictive covenants exist for the property? (Circle One): YES NO (If yes, submit with application.) 12. Does this application include an Architectural Design Review: (Circle One): YES NO (If yes, see page 8, Exhibit C for materials required to be submitted.) FILING FEE: $1,200.00 Hand deliver completed application form with the filing fee and required information to:

Development Services Department 1522 Texas Parkway (FM 2234) Missouri City, TX 77489 By submitting this application you are permitting City staff to enter the site in order to post and remove public notice signs.

Brett Dodd Community of Faith Print Name of Applicant Print Name of Property Owner

Signature of Applicant Signature of Property Owner, Agent or Attorney

Last updated December 2014 Page 6

2 1 3D VIEW2 3D VIEW1 SHEET: PROJECT: DATE: PM: SHEET: 02/10/16 1 3B15107

AAG THREE SQUARE DESIGN GROUP, PLLC

SD -4 REVISIONS: KNIGHTS COURT PLANNED DEVELOPMENT 3D VIEWS 02-10-16 THREE SQUARE DESIGN GROUP, PLLC TBAE architecture design planning WESTWOOD GYMNASTICS FACILITY - PHASE 1 C COPYRIGHT 2015 NOT FOR REGULATORY APPROVAL, PERMITTING, THESE DRAWINGS ARE THE PROPERTY OF THREE SQUARE PC: OR CONSTRUCTION - DESIGN GROUP AND MAY NOT BE REPRODUCED, MODIFIED, NOR RAYBURN J. USED IN ANY WAY WITHOUT THE EXPRESSED WRITTEN DONALDSON, 2444 Times Blvd., Suite 222 Houston, TX 77005 PERMISSION OF THREE SQUARE DESIGN GROUP. JDL KNIGHTS COURT ROAD REGISTERED ARCHITECT Phone: 713.662.9988 Fax: 713.662.9989 MISSOURI CITY, TX www.threesquaredesigngroup.com PARAPET 3 41' - 0"

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PARAPET 2 PARAPET30' - 0" 1 28' - 0"

EAVE 20' - 0" COPYRIGHT 2015 C PERMISSION OF THREE SQUARE DESIGN GROUP. DESIGN SQUARE THREE OF PERMISSION USED IN ANY WAY WITHOUT THE EXPRESSED WRITTEN EXPRESSED THE WITHOUT WAY ANY IN USED THESE DRAWINGS ARE THE PROPERTY OF THREE SQUARE THREE OF PROPERTY THE ARE DRAWINGS THESE

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FINISH FLOOR STUCCO 0' - 0" BRICK VENEER 11 EAST 1" = 10'-0" VERTICAL METAL PANEL

1 2 3 4 5 6 7 8 9 10 11 PARAPET 3 41' - 0"

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11 10 9 8 7 6 5 4 3 2 1 ELEVATIONS PARAPET 3 41' - 0" REVISIONS: 1 02/10/16

PARAPET 2 30' - 0"

PARAPET 1 28' - 0" 28' - 0"

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Proposed Site for Dodd Development

DEVELOPMENT SERVICES - PLANNING DIVISION

1522 TEXAS PARKWAY MISSOURI CITY, TEXAS 77489

NOTICE OF PUBLIC HEARING TO ADJOINING PROPERTY OWNERS WITHIN 200 FEET OF PROPERTY SUBJECT TO REZONING

DATE OF NOTICE: January 29, 2016

LOCATION/DATE : The Planning and Zoning Commission of the City of Missouri City will hold a public hearing on Wednesday, February 10, 2016, at the City Council Chambers – 2nd Floor, City Hall Building, 1522 Texas Parkway (FM-2234), Missouri City, Texas at 7:00 p.m.

PURPOSE : To receive comments for or against a request by Brett Dodd to rezone an approximately 27.76 acre tract of land from SD, suburban district and SUP, Specific Use Permit #164 (Ordinance O-04-23) to PD, Planned Development District to allow for a mixed use development to include a gymnastics facility and commercial uses; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

SITE LOCATION: The subject site is located north of Flat Bank Creek, south and east of Elkins High School, and west of a Christian Brothers Automotive and Dance Works.

SITE LEGAL DESCRIPTION: The subject site can be described as being all of Reserve A of the Sienna Valley Community Church Replat as recorded in instrument number 20150133 of the Official Public Records of Fort Bend County, Texas.

WEBSITE www.missouricitytx.gov PHONE 281. 403.8600 FAX 281.208.5551

JOHN S KWAN ET AL KWAN FAMILY LIVING TRUST & BETTY 858 MERRICK DR WONG SUGAR LAND TX 77478-3742 858 MERRICK DR SUGAR LAND TX 77478-3742`

FORT BEND COUNTY RMRS REALTY LLC FT BEND ISD/TAX OFFICE 301 JACKSON ST ROOM 101 5627 AVON LANDING LN P O BOX 1004 RICHMOND TX 77469-3108 SUGAR LAND TX 77479-3550 SUGAR LAND TX 77487-1004

COMMUNITY OF FAITH DW&M HOLDINGSLLC LIFEPOINTE COMMUNITY CHURCH 16124 BECKER RD 2 ELDERBERRY TRACE 6140 HIGHWAY 6 STE 113 HOCKLEY TX 77447-9103 SUGAR LAND TX 77479-2864 MISSOURI CITY TX 77459-3802

AMANDA WOOD KNIGHTS COURT DEVELOPMENT LLC FT BEND MUD 46 P O BOX 16548 1001 WEST LOOP S STE 100 3 E GREENWAY PL STE 2000 SUGAR LAND TX 77496-6548 HOUSTON TX 77027-9085 HOUSTON TX 77046-0307

CHARLES DUPRE/FBISD MAX CLEAVER/FBISD Shannon.nogradi@crestmontmanagem 16431 LEXINGTON BLVD 16431 LEXINGTON BLVD ent.com SUGAR LAND TX 77479 SUGAR LAND TX 77479

City of Missouri City, Texas Development Services Department – Planning Division

REZONING APPLICATION PROTEST LETTERS ANALYSIS

Application: Dodd Development – Planned Development City Council First Reading: March 07, 2016

Protest Letters Received from Property Owners Within 200 Feet of Subject Site:

Property Address Land Area OR Property Owner Name (Square Feet) Fort Bend County Account Within 200 Feet Number

Knights Court Development LLC 0077-00-000-1431-907 16,242.29 s.f.

Total Area Represented by Protest(s): 16,242.29 s.f. Total Land Area Including Subject Site: 2,256,026.50 s.f. Subject Site Only Land Area: 1,209,225.60 s.f. Total Land Area Only Within 200 Feet of Subject Site: 1,046,800.90 s.f. Protest(s) Percentage of Land Area Within 200 Feet: 1.5%

Note: A total of 0 letters of support and 1 letter of protest have been received for the application request as of March 01, 2016

Jennifer Thomas

From: dwdancegirlz . <[email protected]> Sent: Thursday, February 11, 2016 4:40 PM To: Jennifer Thomas Subject: Dance Works concern Attachments: photo (8).JPG; photo (7).JPG; photo (6).JPG; photo (9).JPG

Hi Jenifer, Can you please point me in the right direction to whom I am suppose to meet with or speak to or send these photos to. I am not a confrontational person and I do not project well but I do have more concerns since the information brought forward last night was not exactly clear. I was only allowed to speak once and I feel I need further communication with the City or council representatives since new information has been brought to my attention on the future intentions of this new building.

I was concerned with the build out of a gymnastics facility being so close to my facility because there is usually dance associated with gymnastics/cheer and tumbling. As I sat and listened, I realized there was not going to be a conflict between Dance Works and Lareal and this new facility because the gentleman verbally stated and confirmed in front of the counci l that there would be no dance and so there was no conflict with Dance Works. However, after investigating today, since this is the first I knew of the company going in, I do have questions of his intentions. He stated that he does not provide dance but on his website not only does he provide recreational activities but he provides competitive activities, which he also stated he does not do. He has Westwood competitive dance academy which competes.

I know in Kingwood and in the Woodlands there are clauses that protect small business such as ours from building in such close proximity due to the nature of our programs. i picked this location due to its close proximity to schools, subdivisions and future churches. Obviously one cannot control what business come in and buy out other businesses but there should be a proximity law that protects form over infiltrating one section of the city. As it is, Missouri City has 5 dance studios within less than 10 miles form each other, so 3 on one corner should have a regulation against it.

Again, all I would like to see is Missouri City provide some assurance and written documentation that there will not be another dance studio within 1000 feet of existing studios. I just want it to be clear as stated last night that Westwood Gymnastics Facility will not provide competitive programs in dance as well as recreation dance programs as stated last night.

How can I bring certain concerns up to the council if the developer is not telling the complete truth about the type of business he is planning for the future. My question is ....Who is to protect us in Missouri City if he should change his plans a week after he builds. He states one thing to you and then does something different once he is constructed. I would just like it in writing from the city that it is clear he stated there will be no dance in the facility that is on the property that is within 1000 feet from my studio and Lareal studio.

I went ahead and sent pictures since it is difficult and time consuming for the council members to follow up. I would assume they are as trusting as I am when people state their intentions. However, I felt they should see that the information presented last night was not exactly truthful and accurate. I feel more clarification should be in writing to the city. I believe the city would be in favor of protecting already existing businesses.

On another note since it was the first time I was reading the proposal. I also feel that since I was unable to use the metal sidings for the back of my building they should stay within the Missouri City guidelines i had to follow too. What if something builds behind them across the levy and they are exposed to the public view. Looking at their existing Katy building i can't imagine it not being exposed to the other side of the levy. If they sell this new construction in the future, it might be a grocery store or Sam's one day. I hope not.. .I purposely bought this property to have a church as my neighbor.

I also had over 50 parents sign a disagreement to another studio going up which I didn't turn in since he wasn't going to dance in his facility but due to the new information i got off hi s website I feel I should turn those in to someone. Laeral had done the same thing so she would like to turn hers in too. Can you point me in the right direction for that .

If you should forward it on, please copy me, so I know it got passed on to the proper city members who were there voting last night.

Thank You, Charisse Kral

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 6(d) Ordinance amending Appendix A of the Missouri City Code, entitled the City of Missouri City Zoning Ordinance, providing rules and regulations for emergency based special events.

Submitted by: Kelly Carpenter, Development Services

SYNOPSIS

It became clear after the last damaging weather event, that emergency special event permits were needed to support emergency services to Missouri City residents. The code does not provide for emergency special event permits and this code change will provide for emergency special event permits, review and approval processes and will set standards for performance and duration of such events. This code amendment is supported by the Missouri City Planning and Zoning Commission. A process allowing advance approval of a site plan for the emergency special event is proposed prior to applicant applying for an emergency special event permit. Two 30 day events within a calendar year at any one location with extensions would be possible through the City Manager and Council.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a great place to live

BACKGROUND

An example of an emergency special event is a tent is a commercial parking lot in which Missouri City residents bring their damaged vehicles for an estimate of damage done by an insurance company. This is considered a special event. The reason for emergency event is that there needs to be immediate review and response by the city to residents needs for emergency services like vehicle damage estimates.

FISCAL ANALYSIS

A fee will be established in the City Fee Schedule to cover the cost of review, inspection and approval of the location and duration of emergency special event permits.

SUPPORTING MATERIALS

1. Ordinance 2. Planning and Zoning Commission meeting minutes (June 10, 2015) 3. Draft Planning and Zoning Commission meeting minutes (February 10, 2015) 4. Planning and Zoning Commission final report 5. Notice of public hearing

STAFF’S RECOMMENDATION

Staff recommends approving the ordinance on the final reading. ORDINANCE NO. O-16-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING SECTION 9, SUPPLEMENTARY DISTRICT REGULATIONS, OF APPENDIX A OF THE MISSOURI CITY CODE, ENTITLED “THE CITY OF MISSOURI CITY ZONING ORDINANCE;” PROVIDING FOR REGULATIONS RELATED TO EMERGENCY-BASED SPECIAL EVENTS; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY.

* * * * *

WHEREAS, in accordance with Goal 2.5 of the City of Missouri City’s 2009 Comprehensive Plan, the City of Missouri City desires to build upon the City’s reputation for quality design and community appearance; and

WHEREAS, the Planning and Zoning Commission and the City Council of the City of Missouri City have each conducted, in the time and manner and after the notice required by law and the City of Missouri City Zoning Ordinance, a public hearing on the proposed amendments to the City of Missouri City Zoning Ordinance; and

WHEREAS, all persons appearing at such public hearings who desired to speak on such proposed amendments were afforded that opportunity and their comments were duly noted and considered; and

WHEREAS, the Planning and Zoning Commission of the City of Missouri City has issued its final report to the City Council of the City of Missouri City; and

WHEREAS, the City Council of the City of Missouri City now deems it appropriate to approve the proposed amendments; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. As required by law, the City Council of the City of Missouri City conducted a public hearing on the amendments to the City of Missouri City Zoning Ordinance as set forth herein and closed the public hearing prior to the final adoption of this Ordinance.

Section 3. The Missouri City Code is hereby amended by deleting subsection 9.10.A of Section 9 of Appendix A thereof and substituting thereof a new subsection 9.10.A of Section 9 of Appendix A to provide as follows:

Emergency-Based Special Events Ordinance 2016 Page 1 of 7

“APPENDIX A ZONING . . . . SECTION 9. – SUPPLEMENTARY DISTRICT REGULATIONS . . . . 9.10. - Special events.

A. General. Except as provided by subsection 9.10.a of this zoning ordinance and Article V of Chapter 58 of the Missouri City Code, this subsection 9.10 applies to special events. Special events which make use of property in a manner that deviates from the normal, routine or lawful use of same and for the purposes outlined below are encouraged. 1. Special events held by, or on behalf of, a charitable, civic or nonprofit organization for the purpose of raising money or providing other benefits to the citizens of Missouri City are allowed in all zoning districts, provided they meet the requirements of this section. 2. Except as set forth in paragraph 3 below, special events held by a business or profit-making organization, or group of businesses or organizations, to promote that business or organization are allowed on the site of one or more of the participating businesses or organizations. 3. Special events in a residential subdivision or larger residential development held by the land developer(s) or homebuilder(s) of that subdivision or development to promote home sales or otherwise ensure the success of the development or neighborhood are allowed in all zoning districts.” Section 4. The Missouri City Code is hereby amended by adding a new subsection 9.10.a of Section 9 of Appendix A to provide as follows: “APPENDIX A ZONING . . . . SECTION 9. – SUPPLEMENTARY DISTRICT REGULATIONS . . . . 9.10.a. - Emergency-based special events.

A. General. This subsection 9.10.a applies to emergency based special events. B. Authorization. The city manager, or his designee, may issue an emergency-based special event permit to an entity to provide emergency services to residents provided that a disaster declaration has been issued for an area, in whole or in part, located in the city, Harris County, Fort Bend County, or Brazoria County, and a complete application for an emergency-based special event permit has been submitted and approved in accordance with this subsection. The term “emergency services,” as used in this subsection 9.10.a, shall mean the provision of services

Emergency-Based Special Events Ordinance 2016 Page 2 of 7 that are of such a nature that immediate action is necessary for the protection of the health and safety of residents. C. Application. An entity seeking an emergency-based special event permit shall file an application for an emergency-based special event permit with the development services department on an application provided by the development services department. The application shall include the following: 1. The name and business address of the applicant; 2. The name and contact information (business address, business telephone number, and email address) of the person responsible for the operation or supervision of the emergency-based special event; 3. The address of the fixed location at which the emergency-based special event will be conducted and proof of ownership of the property or, if the applicant is not the owner of the property, a written statement including the name, address, telephone number, and email address of the property owner, the authorized agent of such property owner, or the lessee of the property granting the applicant permission to operate the emergency-based special event at the location; 4. The number of the applicant’s employees or volunteers who will participate in the emergency-based special event at any one time; 5. The number of residents the applicant anticipates will participate in the emergency-based special event at any one time; 6. A description of the services that will be offered to residents during the emergency-based special event; 7. A site plan for the emergency-based special event depicting the location of all facilities to be placed and utilized during the special event, including, but not limited to, a depiction of traffic routes, emergency vehicle access routes, parking areas, service areas, toilet facilities, hand-washing stations, power sources, trash collection facilities, queueing locations, sign locations and dimensions, and the impact of the event on infrastructure, including, but not limited to, water, wastewater, drainage, traffic infrastructure, and fire lanes; 8. All applicable permits, including, but not limited to, a tent permit, if a tent is utilized; 9. A description of the operation plan for the emergency-based special event;

10. The duration of the emergency-based special event and its daily start and end time; and 11. Any other information that may be requested by the city to fully evaluate and review the application. D. Review and approval. Upon receipt of a complete application for an emergency-

Emergency-Based Special Events Ordinance 2016 Page 3 of 7 based special event permit, the development services department will forward the application to the following city departments to determine whether the event may be conducted without impairing public access to the proposed location of the special event, traffic flow, and public health and safety: fire and rescue, parks and recreation, police, and public works. The city manager or his designee will grant an application for an emergency-based special event permit upon approval of each applicable city department and upon a determination that the application and the proposed emergency-based special event are consistent with the requirements of this subsection.

E. Site plan pre-approval.

1. An entity desiring to obtain an emergency-based special event permit may submit an application for site plan approval for the purpose of obtaining approval of the entity’s site plan before a disaster declaration is issued. Such application shall be accompanied by the following items: (1) a map of the proposed site of the emergency-based special event; and (2) the items required in subsections 9.10.a.C.7 and 9.10.a.C.9 hereof. An application for site plan approval shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees.

2. An application for site plan approval will be reviewed and approved in the same manner in which an application for an emergency-based special event permit is reviewed and approved as set forth in subsection 9.10.a.D hereof. Following each applicable departments’ review of the application and supporting documents, the development services department will notify the applicant if the applicant’s site plan has been approved, is pending approval, or has been denied.

3. An approved site plan will be stamped and dated with the date of approval. An approved site plan shall be valid for one year from the date of approval. The development services department will provide an applicant whose site plan is pending approval a list of specific corrections, changes, or alterations that are deemed necessary for approval of the site plan. The applicant shall submit a revised site plan for review to the development services department within 10 business days of issuance of a notice that the site plan is pending approval. The development services department, in consultation with applicable city departments, will review the revised site plan to determine if the corrections, changes or alterations have been incorporated, and will approve the site plan upon a determination that the revised site plan is consistent with requirements of this subsection. An applicant whose application for site plan approval is denied may appeal such denial as set forth in subsection 9.10.a.J hereof.

4. If a need to modify an approved site plan arises, an entity shall submit an application for the approval of the modified site plan by submitting a new application for site plan approval in accordance with this subsection. An entity

Emergency-Based Special Events Ordinance 2016 Page 4 of 7 that obtains approval of its site plan shall not hold an emergency-based special event until a complete application for an emergency-based special event permit is submitted and approved in accordance with this subsection. Approval of a site plan is not a guarantee that an entity will be issued an emergency-based special event permit.

F. Duration. Except as provided herein, an emergency-based special event shall not exceed 30 consecutive days. Upon a showing of continuing need, the city manager or his designee may grant an extension of a permit for additional time, not to exceed 30 consecutive days. City council may consider a request for additional time beyond the 30-day extension of the permit. G. Signs. Signs for an emergency-based special event shall be located in accordance with the following regulations:

1. No more than one sign may be posted at each entry to the site of the emergency- based special event. Such sign shall not exceed 36 square feet in area and shall be removed at the termination of the event. Approved trailers, tents, or shade structures may be branded or have banners affixed thereto.

2. Signs shall be constructed of weather-resistant materials.

H. Required facilities. The holder of an emergency-based special event permit shall provide the following facilities at the site of the emergency-based special event: toilet facilities, hand-washing stations, trash collection facilities, and sufficient shade structures. I. Denial, modification or revocation of permit. The city manager or his designee shall deny, modify or revoke an emergency-based special event permit if one or more of the following conditions are met: 1. The application contains false or misleading information, or required information is omitted;

2. The emergency-based special event has an unanticipated negative impact on the public infrastructure, traffic flow, venue access, or public health and safety;

3. The emergency-based special event impairs normal police protection in the city;

4. The emergency-based special event impairs normal emergency medical services in the city;

5. The emergency-based special event would unreasonably interfere with the movement of fire-fighting equipment on route to a fire;

6. The emergency-based special event is likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance;

Emergency-Based Special Events Ordinance 2016 Page 5 of 7 7. The emergency-based special event would violate federal, state, or local law; or 8. The emergency-based special event, for any reason, poses an imminent danger to persons or property.

J. Appeal of denied, modified or revoked permit or site plan. The city manager or his designee will deny, modify, or revoke an emergency-based special event permit or an application for site plan approval in writing, stating the reasons for the denial, modification or revocation. K. Fees. An emergency-based special event permit shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees.” Section 5. Repeal. Any ordinance or any part of an ordinance in conflict herewith shall be and is hereby repealed only to the extent of such conflict.

Section 6. Penalty. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which violates any provision of this zoning ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day during which said violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or premises where any violation of this zoning ordinance shall occur, and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense unless otherwise prohibited by law and, upon conviction thereof, shall be punished as above provided.

Emergency-Based Special Events Ordinance 2016 Page 6 of 7

Section 7. Severability. In the event any clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED and APPROVED on first reading this __ day of ______, 2016.

PASSED, APPROVED and ADOPTED on second and final reading this __ day of ______, 2016.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Jackson, City Secretary E. Joyce Iyamu, City Attorney

Emergency-Based Special Events Ordinance 2016 Page 7 of 7

MINUTES PLANNING AND ZONING COMMISSION CITY OF MISSOURI CITY, TEXAS June 10, 2015

2. ROLL CALL Commissioners Present: Sonya Brown-Marshall Hugh Brightwell Tim Haney Douglas Parker Jeff Gaspar (arrived at 7:25) Len Goff, Jr. Courtney Rose Ramesh Anand John O’Malley

Commissioners Absent: None

Councilmembers Present: None

Staff Present: Gary Smith, Director of Development Services Robert Upton, City Engineer Jennifer Thomas Gomez, Senior Planner E. Joyce Iyamu, City Attorney Jose Abraham, Planner I Samin Bazargan, Planning Intern Nancy Desobry, Office Manager

Others Present:

Bill Prince William Shackelford Starr Bright Greg Kieshand Gary Machicek Darrell Whatley Joe O’Coin Joyce Owens Shaun Morgan

Planning & Zoning Commission June 10, 2015 Page 2

8. ZONING TEXT AMENDMENTS A. CONSIDERATION FOR AMENDMENTS REGARDING EMERGENCY BASED SPECIAL EVENTS (1) Discuss possible amendments to the Zoning Ordinance regarding Emergency based special events.

Mr. Gary Smith presented this item stating following the recent extreme rainfall events and the attendant flooding, State Farm Insurance approached the City for permission to establish and conduct a damage claims assessment center in the Lowes parking lot near the intersection of FM 1092 and State Highway 6. Staff did not have the authority to issue the Special Event permit and the request was considered and approved by City Council at its meeting on June 1 st . During the discussion of the item, it was suggested that a change to the Special Events regulations be considered to allow an emergency based Special Event.

If regulations are to be considered to allow a procedure for staff to approve emergency based Special Events, at least the following factors should be covered in the regulations:

1. The event that triggers staff’s authority to approve the event; i.e. a disaster declaration affecting Missouri City, 2. The requesting entity providing services to a significant number of Missouri City residents and to many others in the surrounding area, 3. The maximum duration of the event, 4. The facilities that may be utilized in the event. 5. The facilities that must be utilized during the event, 6. The location of the event and the impact of the event on the location and the surrounding infrastructure, 7. The site-plan for the event, 8. The allowable signs used in connection with the event, and 9. Approval for each department that has expertise to determine the appropriateness of the request.

Staff seeks the Commission’s guidance in further development of these regulations.

(2) Consider authorizing staff to call a public hearing.

Motion: The Planning and Zoning Commission authorizes staff to call a public hearing.

Made By: Commissioner O’Malley Second: Commissioner Haney

AYES: Chairman Brown-Marshall, Commissioner Parker, Commissioner Gaspar, Commissioner Brightwell, Commissioner Haney, Commissioner Anand, Commissioner Goff, Commissioner Rose, Commissioner O’Malley NAYS: None

The motion passed.

MINUTES PLANNING AND ZONING COMMISSION CITY OF MISSOURI CITY, TEXAS February 10, 2016

2. ROLL CALL Commissioners Present: Sonya Brown-Marshall Tim Haney Jeff Gasper Hugh Brightwell John O’Malley

Commissioners Absent: Commissioner Rose, Commissioner Anand, Commissioner Goff, Commissioner Parker

Councilmembers Present: Chris Preston

Planning & Zoning Commission February 10, 2016 Page 2

8. ZONING TEXT AMENDMENTS A. CONSIDERATION FOR AMENDMENTS REGARDING EMERGENCY BASED SPECIAL EVENTS (1) Consideration of the approval of a final report to City Council on item 8A above.

Ms. Kelly Carpenter, Contract Executive, presented this item stating that following the recent extreme rainfall events and the attendant flooding, State Farm Insurance approached the City for permission to establish and conduct a damage claims assessment center in the Lowes parking lot near the intersection of FM 1092 and State Highway 6. Staff did not have the authority to issue the Special Event permit and the request was considered and approved by City Council at its meeting on June 1 st . During the discussion of the item, it was suggested that a change to the Special Events regulations be considered to allow an emergency based Special Event. It was suggested the special event ordinance be changed to add an emergency provision for emergency uses and one could pull a permit that would be good for 30 days once a disaster had been declared by the City Manager. There would have to be a disaster declaration before an emergency special event could take place. The draft ordinance defines emergency special event, an application process, a review process, sets out the duration of the permit as 30 days and provides for denial, revocation, and appeals. In January, State Farm proposed the notion that perhaps a six month permit might be a better process with a 30 day permit. If a company that provides disaster services or emergency special events comes into a community and is allowed to process their application through the whole administrative process, but not pull a permit, that they could make the site plan known to be approved in concept, could get the ingress/egress, where the port-a-pots go, etc. in advance, but not pull the permit until the disaster declaration. Staff would recommend that that language be added to this ordinance. In order to protect the residents it should be said no more than twice a year at any location and any vendor could not hop and go 30 days here and 30 days there, they would be limited to the first application, so they would not linger forever.

Commissioner Brightwell stated in a disaster course he had taken, it was noted that Texas has the most number of disasters of any state in the United States. He expressed concern about only two a year, because it is an ordinance and it would basically say two and that’s it, you are done. The pre-positioning of the plan is perfect, as the Commission discussed with the State Farm representative. His other concern is that State Farm moved in and it wasn’t a declared disaster. This states that the City Manager or his designee may issue an emergency based special event. He does not know if that is a disaster and should the language be clarified because a hail event is not a disaster. Two seems reasonable, but he is afraid that we make it so intractable, if we need three.

Ms. Carpenter stated the ordinance could propose that a third could be approved by the City Manager and an additional one could be approved by the City Council, so there could be four in a year if all of the conditions were met.

Commissioner Brightwell stated the original intent is that the process should not be bogged down. Again, what most people don’t understand is the local disasters are hurricanes, tornadoes, flooding, and then there are wind events, which is the fourth as such.

Commissioner Gaspar stated his suggestion is that it be per event. Because it can’t move, once the time associated with the event, maybe it is just two or three weeks, and done. They cannot move to another site until there is another event.

Planning & Zoning Commission February 10, 2016 Page 3

Commissioner Brightwell stated if it is declared a disaster, if this is tied to a disaster event or something else as a special event, per event would be reasonable. If it is limited because it is declared a special event, that gives the City the latitude to limit it. The Commissioners agreed with this including having to pull a permit and pay a fee.

Motion: The Planning and Zoning Commission adopt this as a Final report and forward to City Council with a positive recommendation to include per event and not require City Council or City Manager (designee) action for additional approvals.

Made By: Commissioner O’Malley Second: Commissioner Gaspar

AYES: Chairman Brown-Marshall, Commissioner O’Malley, Commissioner Brightwell, Commissioner Haney, Commissioner Gaspar NAYS: None

The motion passed.

PLANNING AND ZONING COMMISSION FINAL REPORT

AGENDA DATE: March 7, 2016

AGENDA ITEM SUBJECT: Emergency based Special Events - ZTA

AGENDA ITEM NUMBER: 7a3

PREPARED BY: Jennifer Thomas Gomez, AICP, Interim Assistant Director

SUBMITTED BY: Kelly Carpenter, AICP, Development Services

Sonya Brown-Marshall, Planning and Zoning Commission Chair

RECOMMENDED ACTION:

The Planning and Zoning Commission adopts this as its final report and forwards it to City Council with a positive recommendation to amend the special event permit regulations of the Zoning Ordinance.

BACKGROUND:

Following the recent extreme rainfall events and the attendant flooding, State Farm Insurance approached the City for permission to establish and conduct a damage claims assessment center in the Lowes parking lot near the intersection of FM 1092 and State Highway 6. Staff did not have the authority to issue the Special Event permit and the request was considered and approved by City Council at its meeting on June 1 st . During the discussion of the item, it was suggested that a change to the Special Events regulations be considered to allow an emergency based Special Event.

It is instructive to review the reasons staff could not approve the requested Special Event. The reasons are as follows:

Final Report to the Planning and Zoning Commission Re: Emergency based Special Events - ZTA March 7, 2016 - Page 2

1. The event was not at the location of the profit-making organization that requested the event (as required by Section 9.10);

2. The requested duration exceeded two weeks (maximum duration allowed by Section 9.10); and

3. Signs were requested and Section 13.12.N allows signs only for Special Events that benefit charitable, civic or non-profit organizations.

The timing of the request was fortuitous as staff was able to place the request on the Council meeting agenda for consideration the following Monday. Had the timing been different, State Farm would have been significantly delayed in receiving approval for the event.

The State Farm event is utilizing a State Farm branded trailer, a State Farm branded pop-up canopy, a drive through tent with a State Farm banner and equipped with lighting, a generator, portable toilets (men’s, women’s and ADA compliant) and a hand- washing station, and signs at entries to the Lowes center and internal directional signage.

If regulations are to be considered to allow a procedure for staff to approve emergency based Special Events, at least the following factors should be covered in the regulations:

1. The event that triggers staff’s authority to approve the event; i.e. a disaster declaration affecting Missouri City, 2. The requesting entity providing services to a significant number of Missouri City residents and to many other in the surrounding area, 3. The maximum duration of the event, 4. The facilities that may be utilized in the event, 5. The facilities that must be utilized during the event, 6. The location of the event and the impact of the event on the location and the surrounding infrastructure, 7. The site-plan for the event, 8. The allowable signs used in connection with the event, and 9. Approval for each department that has expertise to determine the appropriateness of the request.

A representative from State Farm offered comments to the Planning and Zoning Commission during a public hearing held on January 13, 2016. Staff has incorporated those comments into the proposed ordinance.

In addition, to the proposed ordinance, staff sought the Commission’s guidance on the provision of a pre-approval process for emergency special events. As the State Farm representative provided in the public hearing, in one community with which they operate, an applicant can obtain a 6-month permit and activate their operations as needed within that timeframe. To obtain a 6-month permit, an applicant would have to apply in accordance with the provisions of the proposed ordinance.

Staff has expressed both support and concern for this approach. The provision of a permit which could be obtained and would be valid for a 6-month period could reduce Final Report to the Planning and Zoning Commission Re: Emergency based Special Events - ZTA March 7, 2016 - Page 3 the amount of time needed for a business or entity to mobilize and submit for a permit when an event takes place. However, staff is also concerned that this process may have the potential for abuse, if an applicant moves to different locations within the City once the permit has been issued.

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 6(e) Consider Rejecting All Bids for Bid Number 16-086 for Cost Recovery Services for Certain Emergency Services

Submitted by: C. Campbell, Interim Fire Chief

SYNOPSIS

To reject all bids submitted for Bid Number 16-086 following the amendments to the cost recovery services fee schedule for certain emergency services. The amendments remove the need for a cost recovery service.

STRATEGIC PLAN 2019 GOALS ADDRESSED

Maintain a Financially Sound City Government

BACKGROUND

On March 7, 2016, City Council adopted amendments to the resolution establishing the fee schedule for certain emergency services as part of the Emergency Services Cost Recovery Program. The amendments reduced the call types and services the department would bill. With this reduction, the remaining services under the Emergency Services Cost Recovery Program will be managed by fire department administrators and will not warrant a vendor for cost recovery services.

FISCAL ANALYSIS

Rejecting said bid will not have a fiscal impact.

SUPPORTING MATERIALS

1. Amended Cost Recovery Resolution

STAFF’S RECOMMENDATION

Rejecting all bids for the process of cost recovery services.

the show me city Council Agenda Item March 21, 2016

7. PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances – There are no Zoning Public Hearings and Ordinances.

(b) Public Hearings and related actions – There are no Public Hearings and related actions.

8. APPOINTMENTS – There are no Appointments on this agenda.

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 9(a) Authorize Purchase of Street Sweeper

Submitted by: Scott Elmer, P.E., Assistant City Manager John Foreman, Fleet Superintendent

SYNOPSIS

The Fleet Maintenance Division requests authorization to purchase a new Tymco 600 Street Sweeper from TYMCO Inc. and the trade-in two existing sweeper units.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a great place to live

BACKGROUND

Annually the Public Works Department’s Fleet Division provides a list of vehicles and equipment that are recommended for replacement per the Vehicle Fleet Status Report. In this report these vehicles have exceeded their useful and economic life expectancy. It has been the recommendation of the Fleet Superintendent to replace these units with a new unit. This requested sweeper will be acquired through H- GAC Coop purchasing contract as follows and the purchase meets all competitive bidding requirements. Replacement Vehicles: Trade-in and fleet removal of two (2) existing sweeper units (Models 65469DST and 61372DST) for $100,000.00 Vehicles to be added to the Fleet: TYMCO Model 600 Regenerative Air Sweeper at $ 221,230.00 plus freight of $ 1800.00 less trade-in of $ 100,000. with a total of expenditure of $ 123,030.00.

FISCAL ANALYSIS This item was approved in the FY16 CIP Budget.

Funding Account Number Project # / FY16 Project Funds FY16 Project Funds Amount Source Name Budgeted Available Requested

Bond 403-40-430-75004 10003 / Major $365,168 $365,168 $123,030 Equipment

Note: Certificate of Interested Parties (HB 1295) is present. SUPPORTING MATERIALS

1. HGACBuy Quote, dated February 24, 2016 2. HB1295 Certified

STAFF’S RECOMMENDATION

Staff recommends approval of this purchase and trade-in for fleet replacement and additions to the fleet.

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 9(b) Authorize Purchase of Mud-Jack Truck

Submitted by: Scott Elmer, P.E., Assistant City Manager John Foreman, Fleet Superintendent

SYNOPSIS

The Fleet Maintenance Division requests authorization to purchase mud jacking truck from Rush Trucking Center

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a great place to live

BACKGROUND

Annually the Public Works Department’s Fleet Division provides a list of vehicles and equipment that are recommended for replacement per the Vehicle Fleet Status Report. In this report these vehicles have exceeded their useful and economic life expectancy. It has been the recommendation of the Fleet Superintendent to replace these units with a new unit. This requested mud jacking truck will be acquired through BuyBoard Cooperative purchasing contract as follows and the purchase meets all competitive bidding requirements. Replacement Vehicles: Trade-in and fleet removal of one (1) existing mud jacking truck for $ 10,500.00 Vehicles to be added to the Fleet: Hines Model 268 Mixer at $ 126,519.05 plus a BuyBoard Administrative fee of $ 400.00 less a trade-in of $ 10,5000. with a total expenditure of $ 116,419.05.

FISCAL ANALYSIS This item was approved in the FY16 CIP Budget.

Funding Account Number Project # / FY16 Project Funds FY16 Project Amount Source Name Budgeted Funds Available Requested

Metro 401-40-401-75004 50046 / ROW $150,000 $150,000 $116,419.05 Management

Note: Certificate of Interested Parties (HB 1295) is present.

SUPPORTING MATERIALS

1. BuyBoard Quote date February 16, 2016 2. HB1295 Certified

STAFF’S RECOMMENDATION

Staff recommends approval of this purchase for fleet replacement.

TEXAS LOCAL C~OVERNMENT PURCHASING COOPERA TIVE BUYBOARD

Vendor R !.~'H TRUCK CENTER Date Prepared 2/16/2016 Contact for Vendor: c ~ ~TON KRUSE Phone 830-302-5219 End User: a 1y oFMissouri City End User Contact: Jc m~Foreman Phone/Fax (281) 4 03-8585 Product Description: B. in p268Mixer - A: Base Price in Bid/F rc posal Number: 430-13 Series: 268 $56,733.00 B: Published Options t emtze Below) DESCRIPTIC N AMOUNT OPT# DESCRIPTION AMOUNT Hino 2016 Hino 26 8\. $ 1,823.00 RTC-0051 Rush Care Packag $ 1,236.00 Hino Cold Package $ 482.00 RTC-0157 10 YD Mixer $ 43,038.00 Hino Allison 2200 R D. /Synthetic Fluid $ 256.00 RTC-0053 Body Prep Packag $ 2,438.00 Hino PowerWindc w & Door Locks $ 494.00 RTC-1059 Lot Insurance $ 2,499.13 RTC-0049 Shop Labor $ 1,774.50 RTC-1060 Dealership Floor Pia r Interest $ 2,487.42 RTC-0034 ITO for Autor m tic Transmission $ 2,156.00 RTC-0059 DEF/Fuel & Wast $ 950.00 Subtotal Column 1:1 $ 6,985.50 Subtotal Column 2: $ 5~,648.55 Published Options adc e :I to Base Price( Subtotal of "Col1" & "Col 2") $ 59,634.05

C: Subtotal of A + B $116,367.05 D: Non Published Op1 ions Quick mix Pro 500 with Au . Engine plus options $8,017.00 Additional Tank and 4" Bumper ~xi ension Less Discount $2,135.00

Subtotal Column 1: I $10,152.00 Subtotal Column 2: $ -

Unj>_ublished Options ! dded to Base price (Subtotal "Col1 + Coi2'J $10,152.00

IE: Contract Price Adj1 s ment (If any, explain here) I I

F: Total of C + D +/- E $ 126,519.05

G: Quantity ordere< U it~: 1.00 xF $ 126,519.05

H: BUYBOARD Admi ~i trative Fee % $ 400.00

1: Non-Equipment Ch r es & Credits (I.e.: Ext. Warranty, Trade-In, Delivery, etc.) Trade-In $ (10,500.00)

$ (10,500.00)

J: TOTAL PURCHAS PRICE INCLUDING (G+H+I) $116,419.05

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 9(c) Consider authorizing the execution of a contract for the purchase of datacenter network equipment and services for the Department of Innovation Technology through the State of Texas Department of Information Resources cooperative purchasing program.

Submitted by: Sedrick Cole, Innovation and Technology Director Michael Higgins, Interim Finance Director

SYNOPSIS

Staff seeks authorization from Council to purchase the replacement and upgrade of current datacenter network for the City this system from Broadleaf Group under the State of Texas DIR Contract DIR-TSO- 2542.

BACKGROUND

As the City grows and the current datacenter network equipment reaches its end of life cycle, additional resources are required to maintain continuity. The City must ensure we have the right technology in place to meet the requirements for the day to day functionality of the city. The right network solution is required to provide the backplane to utilize the current storage technologies without causing a bottleneck and preventing the use of full potential and features. This solution provides increased scalability, efficiency, performance, and future growth capabilities inside the Datacenter. This upgrade will also provide the appropriate network to the current backup and replication systems to ensure that the data is maintained properly. This Datacenter Network upgrade will accommodate and facilitate the growth of the data center. This item meets the requirements of local competitive bidding, as the purchase is per the State of Texas DIR Contract DIR-TSO-3376.

FISCAL ANALYSIS

Funding Account Project FY16 FY16 Funds Amount Source Number Code/Name Funds Available Requested Budgeted Datacenter 611-62-611- Budget Network 10GB $150,000 $233,341 $135,000.00 52085 Upgrade Datacenter 101-18-170- Budget Network 10GB $0 $62,712 $27,380.80 53004 Upgrade Service

Note: Certificate of Interested Parties (HB 1295) has been completed and certified effective March 15, 2016.

SUPPORTING MATERIALS

1. Quotation # 005886 from Broadleaf Group 2. HB1295 Certified

STAFF’S RECOMMENDATION

Authorize the purchase of Datacenter Network 10GB Upgrade Solution from Broadleaf Group in the amount of $162,380.80.

the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 10(a) Ordinance amending Ordinance No. O-16-08, adopted on February 15, 2016; amending the Election Day and early voting polling places for the general election to be held on Saturday, May 7, 2016

Submitted by: Maria Jackson, City Secretary

SYNOPSIS

This is a one-reading ordinance amending Ordinance O-16-08 adopted on February 15, 2016, ordering the general election for May 7, 2016, to elect a mayor and two (2) at-large City Councilmembers.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Maintain A Financially Sound City Government

BACKGROUND

The City has a contract with the Fort Bend County Elections Division for services and equipment for the May 7, 2016 general election.

The City is amending its original ordinance calling the general election to reflect the updated polling locations.

FISCAL ANALYSIS

The City has budgeted $30,000 to cover expenses associated with the municipal election.

SUPPORTING MATERIALS

1. Ordinance 2. Changes Marked

STAFF’S RECOMMENDATION

Approve this ordinance on the first and final reading.

ORDINANCE NO. O-16-

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING ORDINANCE NO. O-16-08, ADOPTED ON FEBRUARY 15, 2016; AMENDING THE ELECTION DAY AND EARLY VOTING POLLING PLACES FOR THE GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 7, 2016; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT.

* * * * *

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. City of Missouri City Ordinance No. O-16-08, adopted on February 15, 2016, ordering a general election to be held on Saturday, May 7, 2016, for the purpose of electing a Mayor, a Councilmember-At-Large, Position 1, and a Councilmember-At-Large, Position 2; providing for a joint election; contracting with Fort Bend County for such joint election; providing for election precincts; and making other provisions related to the subject is hereby amended as set forth herein.

Section 2. Exhibit A of said Ordinance No. O-16-08 is hereby amended by deleting Exhibit “A” thereof, and substituting therefor, a new Exhibit “A,” attached hereto and incorporated herein by reference.

Section 3. Exhibit B of said Ordinance No. O-16-08 is hereby amended by deleting Exhibit “B” thereof, and substituting therefor, a new Exhibit “B,” attached hereto and incorporated herein by reference.

Section 4. This Ordinance is effective immediately upon its passage and approval.

Section 5. All ordinances or parts of ordinances in conflict herewith, if any, shall be and are hereby repealed to the extent of such conflict only.

Amendment to Exhibits A and B of General Election Ordinance Page 1 of 2

Section 6. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Missouri City, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED, APPROVED and ADOPTED on first and final reading this ____ day of ______, 2016.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Jackson, City Secretary E. Joyce Iyamu, City Attorney

Amendment to Exhibits A and B of General Election Ordinance Page 2 of 2

Exhibit A Election Day Vote Centers May 7, 2016

The polling places on Election Day, May 7, 2016, for the voting precincts in the City of Missouri City are as follows: Eligible Missouri City voters residing in Fort Bend County: Missouri City Precinct No. 1: Those portions of Fort Bend County election Precinct Nos. 1109, 2033, 2050, 2059, 2061, 2075, 2077, 2078, 2081, 2089, 2090, 2091, 2092, 2093, 2108, 2112, 2115, 2136, 2151, 4028, 4030, 4049, 4062, 4065, and 4127 located within the City

COUNTYWIDE POLLING PLACE ADDRESS CITY ZIP Austin Parkway Elementary School 4400 Austin Pkwy SUGAR LAND 77479 Briarchase Missionary Bapt Church 16000 Blue Ridge Rd MISSOURI CITY 77489 Chasewood Clubhouse 7622 Chasewood Dr MISSOURI CITY 77489 Clements High School 4200 Elkins Dr SUGAR LAND 77479 Commonwealth Clubhouse 4330 Knightsbridge Blvd SUGAR LAND 77479 Crockett Middle School 19001 Beechnut St RICHMOND 77469 Deseo at Grand Mission 19002 Mission Park Dr RICHMOND 77407 Elkins High School 7007 Knights Court MISSOURI CITY 77459 FBC Library - Cinco Ranch 2620 Commercial Center Dr KATY 77494 FBC Library - Sienna 8411 Sienna Springs Blvd MISSOURI CITY 77459 FBC Library - Sugar Land Branch 5500 Eldridge SUGAR LAND 77478 FBC Library - University Branch 14010 University Blvd SUGAR LAND 77479 FBC Road and Bridge (Needville) 3743 School St NEEDVILLE 77461 FBC Rosenberg Annex Building 4520 Reading Rd ROSENBERG 77471 First Colony Conference Center 3232 Austin Parkway SUGAR LAND 77479 Fort Bend County Fairgrounds Building D 4310 Highway 36S ROSENBERG 77474 Four Corners Community Center 15700 Old Richmond Rd SUGAR LAND 77478 Gallery Furniture 7227 W. Grand Pkwy S RICHMOND 77407 Garcia Middle School 18550 Old Richmond Rd SUGAR LAND 77478 George Bush High School 6707 FM 1464 RICHMOND 77469 Great Oaks Baptist Church 7101 FM 2759 Rd RICHMOND 77469 Hightower High School 3333 Hurricane Lane MISSOURI CITY 77459 Hunters Glen Elementary School 695 Independence Blvd MISSOURI CITY 77489 Imperial Park Recreation Center 234 Matlage Way SUGAR LAND 77478 Irene Stern Community Center 6920 Katy-Fulshear Road FULSHEAR 77441 James Bowie Middle School 700 Plantation Dr RICHMOND 77406 Joy Lutheran Church 717 FM 359 RICHMOND 77406 Kempner High School 14777 Voss Rd SUGAR LAND 77498 Kendleton Church of God 619 FM 2919 KENDLETON 77451 Knights of Columbus (Sugar Land) 702 Burney Rd SUGAR LAND 77478 Lake Olympia Marina Clubhouse 180 Island Blvd MISSOURI CITY 77459 Lantern Lane Elementary School 3323 Mission Valley Dr MISSOURI CITY 77459 Lexington Creek Elementary School 2335 Dulles Ave MISSOURI CITY 77459 Lost Creek Community Center 3703 Lost Creek Blvd SUGAR LAND 77478 Meadows Place City Hall One Troyan Dr MEADOWS PLACE 77477 Mission Bend Elementary School 16200 Beechnut St HOUSTON 77083 Missouri City Baptist Church 16816 Quail Park Dr MISSOURI CITY 77459 Missouri City Community Center 1522 Texas Parkway MISSOURI CITY 77489 Missouri City Parks & Recreation 2701 Cypress Point Dr MISSOURI CITY 77459 MUD 23 Admin. Building 1570 Rabb Road FRESNO 77545 Museum of Natural Science 13016 University Blvd SUGAR LAND 77479 Mustang Community Center 4525 FM 521 FRESNO 77545 Oak Lake Baptist Church 15555 W. Airport Blvd SUGAR LAND 77478 Pinnacle Senior Center 5525#C Hobby Road HOUSTON 77053 Quail Valley Elementary School 3500 Quail Village Dr MISSOURI CITY 77459

Rev. 3/7/2016 Exhibit A Election Day Vote Centers May 7, 2016

QV Fund Office 3603 Glenn Lakes Ln MISSOURI CITY 77459 Randall's New Territory 5800 New Territory Dr SUGAR LAND 77479 Richmond Water Maintenance Facility 110 N. 8th St RICHMOND 77469 Ridgegate Community Association 5855 W. Ridgecreek Dr HOUSTON 77053 Ridgemont Early Childhood Ctr 5353 Ridge Creek Circle HOUSTON 77053 River Park Recreation Ctr. 5875 Summit Creek Drive SUGAR LAND 77479 Simonton City Hall 35011 FM 1093 SIMONTON 77476 Sugar Lakes Clubhouse 930 Sugar Lakes Dr SUGAR LAND 77478 Sugar Land Church of God 1715 Eldridge Rd SUGAR LAND 77478 Sugar Land City Hall 2700 Town Center Blvd North SUGAR LAND 77479 The Club at Riverstone 18353 South University Blvd SUGAR LAND 77459 Townewest Towne Hall 10322 Old Towne Ln SUGAR LAND 77478

Eligible Missouri City voters residing in Harris County: Missouri City Precinct No. 2: That portion of Harris County election Precinct No. 506 located within the City.

POLLING PLACE ADDRESS CITY ZIP Fondren Park Community Center 11800 McLain Blvd HOUSTON 77071

Those portions of Fort Bend County Precincts Nos. 1097, 1114, 1118, 2088, 4044 and 4131 and Harris County Precinct No. 337 falling within the boundaries of the City of Missouri City but having no Missouri City residents will have no Missouri City election day polling locations.

Rev. 3/7/2016 EXHIBIT B

EARLY VOTING INFORMATION

Schedule for: Irene Stern Community Center - 6920 Fulshear-Katy Road, Fulshear, TX Missouri City Community Center – 1522 Texas Pkwy, Missouri City, TX Fort Bend County Road & Bridge – 3743 School Street, Needville, TX Fort Bend County Rosenberg Annex – 4520 Reading Road, Rosenberg, TX Chasewood Clubhouse – 7622 Chasewood Drive, Missouri City, TX

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 5:00 p.m. Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: First Colony Conference Center – 3232 Austin Parkway, Sugar Land, TX Hightower High School – 3333 Hurricane Lane, Missouri City, TX Four Corners Community Center – 15700 Old Richmond Road, Sugar Land, TX Sugar Land Branch Library - 550 Eldridge, Sugar Land, TX James Bowie Middle School – 700 Plantation Drive, Richmond, TX Randall’s – 5800 New Territory Boulevard, Sugar Land, TX

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 7:00 p.m. Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Lost Creek Park – 3703 Lost Creek Boulevard, Sugar Land, TX Sienna Branch Library – 8411 Sienna Springs Boulevard, Missouri City, TX Sugar Land City Hall – 2700 Town Center Boulevard, Sugar Land, TX

Day Date Hours Monday-Friday April 25-29, 2016 10:00 a.m. to 7:00 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Fort Bend ISD Admin. Bldg. – 16431 Lexington Boulevard, Sugar Land, TX

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 7:00 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Page 1 of 2

Schedule for: Quail Valley Fund Office – 3603 Glenn Lakes Lane, Missouri City, TX Richmond Water Maintenance Facility – 110 N. 8th St., Richmond, TX

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 5:00 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Cinco Ranch Branch Library – 2620 Commercial Center Boulevard, Katy, TX (Temporary Polling Place)

Day Date Hours Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Kendleton Church of God – 619 FM 2919, Kendleton, TX (Temporary Polling Place)

Day Date Hours Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Page 2 of 2 EXHIBIT A CHANGES MARKED

COUNTYWIDE POLLING PLACE ADDRESS CITY ZIP Austin Parkway Elementary School 4400 Austin Pkwy SUGAR LAND 77479 Beasley City Hall 319 S. 3rd St BEASLEY 77417 Briarchase Missionary Bapt Church 16000 Blue Ridge Rd MISSOURI CITY 77489 Brightwater Clubhouse 2410 Brightwater Dr MISSOURI CITY 77459 Chasewood Clubhouse 7622 Chasewood Dr MISSOURI CITY 77489 Clements High School 4200 Elkins Dr SUGAR LAND 77479 Commonwealth Clubhouse 4330 Knightsbridge Blvd SUGAR LAND 77479 Crockett Middle School 19001 Beechnut St RICHMOND 77469 Deseo at Grand Mission 19002 Mission Park Dr RICHMOND 77407 Elkins High School 7007 Knights Court MISSOURI CITY 77459 FBC Library - Cinco Ranch 2620 Commercial Center Dr KATY 77494 FBC Library - Sienna 8411 Sienna Springs Blvd MISSOURI CITY 77459 FBC Library - Sugar Land Branch 5500 Eldridge SUGAR LAND 77478 FBC Library - University Branch 14010 University Blvd SUGAR LAND 77479 FBC Road and Bridge (Needville) 3743 School St NEEDVILLE 77461 FBC Rosenberg Annex Building 4520 Reading Rd ROSENBERG 77471 First Colony Conference Center 3232 Austin Parkway SUGAR LAND 77479 Fort Bend County Fairgrounds Building D 4310 Highway 36S ROSENBERG 77474 Four Corners Community Center 15700 Old Richmond Rd SUGAR LAND 77478 Gallery Furniture 7227 W. Grand Pkwy S RICHMOND 77407 Garcia Middle School 18550 Old Richmond Rd SUGAR LAND 77478 George Bush High School 6707 FM 1464 RICHMOND 77469 Great Oaks Baptist Church 7101 FM 2759 Rd RICHMOND 77469 Hightower High School 3333 Hurricane Lane MISSOURI CITY 77459 Hunters Glen Elementary School 695 Independence Blvd MISSOURI CITY 77489 Imperial Park Recreation Center 234 Matlage Way SUGAR LAND 77478 Irene Stern Community Center 6920 Katy-Fulshear Road FULSHEAR 77441 James Bowie Middle School 700 Plantation Dr RICHMOND 77406 Joy Lutheran Church 717 FM 359 RICHMOND 77406 Kempner High School 14777 Voss Rd SUGAR LAND 77498 Kendleton Church of God 619 FM 2919 KENDLETON 77451 Knights of Columbus (Sugar Land) 702 Burney Rd SUGAR LAND 77478 Lake Olympia Marina Clubhouse 180 Island Blvd MISSOURI CITY 77459 Lantern Lane Elementary School 3323 Mission Valley Dr MISSOURI CITY 77459 Lexington Creek Elementary School 2335 Dulles Ave MISSOURI CITY 77459 Lost Creek Community Center 3703 Lost Creek Blvd SUGAR LAND 77478 Meadows Place City Hall One Troyan Dr MEADOWS PLACE 77477 Mission Bend Elementary School 16200 Beechnut St HOUSTON 77083 Missouri City Baptist Church 16816 Quail Park Dr MISSOURI CITY 77459 Missouri City Old Municipal 1522 Texas Parkway MISSOURI CITY CourtCommunity Center 77489

EXHIBIT A CHANGES MARKED

Missouri City Parks & Recreation 2701 Cypress Point Dr MISSOURI CITY 77459 MUD 23 Admin. Building 1570 Rabb Road FRESNO 77545 Museum of Natural Science 13016 University Blvd SUGAR LAND 77479 Mustang Community Center 4525 FM 521 FRESNO 77545 Oak Lake Baptist Church 15555 W. Airport Blvd SUGAR LAND 77478 Orchard City Hall 9714 Kibler ORCHARD 77464 Pinnacle Senior Center 5525#C Hobby Road HOUSTON 77053 Quail Valley Elementary School 3500 Quail Village Dr MISSOURI CITY 77459 QV Fund Office 3603 Glenn Lakes Ln MISSOURI CITY 77459 Randall's New Territory 5800 New Territory Dr SUGAR LAND 77479 Richmond Water Maintenance Facility 110 N. 8th St RICHMOND 77469 Ridgegate Community Association 5855 W. Ridgecreek Dr HOUSTON 77053 Ridgemont Early Childhood Ctr 5353 Ridge Creek Circle HOUSTON 77053 River Park Recreation Ctr. 5875 Summit Creek Drive SUGAR LAND 77479 Rosenberg City Hall Council Chamber 2110 4th St ROSENBERG 77471 Simonton City Hall 35011 FM 1093 SIMONTON 77476 Stafford City Hall 2610 South Main STAFFORD 77477 Sugar Creek Country Club 420 Sugar Ceek Blvd SUGAR LAND 77478 Sugar Lakes Clubhouse 930 Sugar Lakes Dr SUGAR LAND 77478 Sugar Land Church of God 1715 Eldridge Rd SUGAR LAND 77478 Sugar Land City Hall 2700 Town Center Blvd North SUGAR LAND 77479 The Club at Riverstone 18353 South University Blvd SUGAR LAND 77459 Townewest Towne Hall 10322 Old Towne Ln SUGAR LAND 77478

Eligible Missouri City voters residing in Harris County: Missouri City Precinct No. 2: That portion of Harris County election Precinct No. 506 located within the City

POLLING PLACE ADDRESS CITY ZIP

Houston Fondren Park Community Center 11800 McLain BoulevardBlvd HOUSTON 77071

Document comparison by Workshare Compare on Thursday, March 10, 2016 9:50:19 AM Input: file://C:\Users\kwhite\Desktop\Election Day Document 1 ID v02.10.2016.docx Description Election Day v02.10.2016 file://C:\Users\kwhite\Desktop\Election Day Document 2 ID v03.07.2016.docx Description Election Day v03.07.2016 Rendering set Standard

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Statistics: Count Insertions 7 Deletions 31 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 38

EXHIBIT B

EARLY VOTING INFORMATION

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 5:00 p.m. Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 7:00 p.m. Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Day Date Hours Monday-Friday April 25-29, 2016 10:00 a.m. to 7:00 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Fort Bend ISD Admin. Bldg. – 16431 Lexington Boulevard, Sugar Land, TX

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 7:00 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Page 1 of 2

Schedule for: Meadows Place City Hall – One Troyan Drive, Meadows Place, TX Stafford City Hall – 2610 Main Street, Stafford, TX Beasley City Hall – 319 S. 3rd Street, Beasley, TX Quail Valley Fund Office – 3603 Glenn Lakes Lane, Missouri City, TX Richmond Water Maintenance Facility – 110 N. 8th St., Richmond, TX

Day Date Hours Monday-Friday April 25-29, 2016 8:00 a.m. to 5:00 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Stafford MSD Administration Building – 1625 Staffordshire Road, Stafford, TX

Day Date Hours Monday-Friday April 25-29, 2016 7:30 a.m. to 4:30 p.m. Saturday April 30, 2016 CLOSED. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Cinco Ranch Branch Library – 2620 Commercial Center Boulevard, Katy, TX (Temporary Polling Place) Polling Place)

Day Date Hours Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Sunday May 1, 2016 CLOSED Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Schedule for: Kendleton Church of God – 619 FM 2919, Kendleton, TX (Temporary Polling Place)

Day Date Hours Monday-Tuesday May 2-3, 2016 7:00 a.m. to 7:00 p.m.

Page 2 of 2

Document comparison by Workshare Compare on Wednesday, March 02, 2016 3:13:51 PM Input: file://C:\Users\kwhite\Desktop\Exhibit B - Early Voting - Document 1 ID Original.docx Description Exhibit B - Early Voting - Original file://C:\Users\kwhite\Desktop\Exhibit B - Early Voting - Document 2 ID Revised.docx Description Exhibit B - Early Voting - Revised Rendering set Standard

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Statistics: Count Insertions 9 Deletions 19 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 30

the show me city Memorando de Cubierta del Artículo de la Agenda del Consejo 21 de marzo del 2016

A: Alcalde y Consejo Municipal Artículo de la agenda: Ordenanza 10(a) que modifica los Anexos A y B de la Ordenanza O-16-08, adoptada el 15 de febrero de 2016; que modifica los lugares de votación anticipada y el día de las elecciones para las elecciones generales a realizarse el sábado 7 de mayo de 2016.

Presentado por: Maria Jackson, Secretaria Municipal

SINOPSIS

Esta es una ordenanza de una única lectura que modifica la Ordenanza O-16-08 adoptada el 15 de febrero de 2016, que ordena que las elecciones generales se realicen el 7 de mayo de 2016, para la elección del alcalde y de los miembros generales del Consejo Municipal.

ABORDAR LOS OBJETIVOS DEL PLAN ESTRATÉGICO 2019

 Mantener un gobierno municipal financieramente fuerte.

ANTECEDENTES

El Municipio tiene un contrato con la División de Elecciones del Condado de Fort Bend por servicios y equipo para las elecciones generales del 7 de mayo de 2016.

El Municipio modifica su ordenanza original para el llamamiento a elecciones generales para que refleje los lugares de votación actualizados.

ANÁLISIS FISCAL

La ciudad ha presupuestado $30.000 para cubrir los gastos asociados con la elección municipal.

MATERIAL DE APOYO

1. Ordenanza

RECOMENDACIONES AL PERSONAL

Aprobar esta ordenanza en la primera y última lectura.

ORDENANZA Nº. O-16-__

UNA ORDENANZA DE LA CIUDAD DE MISSOURI CITY, TEXAS, QUE ENMIENDA LA ORDENANZA Nº O-16-08, ADOPTADA EL 15 DE FEBRERO DE 2016; MODIFICA LOS LUGARES DE VOTACIÓN ANTICIPADA Y DEL DÍA DE LAS ELECCIONES PARA LAS ELECCIONES GENERALES A REALIZARSE EL SÁBADO 7 DE MAYO DE 2016; ESTABLECE LA DEROGACIÓN; DISPONE LA DIVISIBILIDAD; Y ESTABLECE OTRAS DISPOSICIONES RELACIONADAS AL TEMA.

* * * * *

A SER ORDENADA POR EL CONSEJO MUNICIPAL DE LA CIUDAD DE MISSOURI CITY, TEXAS:

Artículo 1. Por el presente se modifica según se establece aquí la Ordenanza Nº. O-16-08 de la ciudad de Missouri City, adoptada el 15 de febrero de 2016, que ordena que las elecciones generales se lleven a cabo el sábado 7 de mayo de 2016 con el fin de elegir al alcalde, un miembro general del consejo, Posición 1, y un miembro general del consejo, Posición 2; proveer para una elección conjunta; realizar la contratación con Fort Bend County para dichas elecciones conjuntas; proveer precintos para las elecciones; y establecer otras disposiciones relacionadas con el tema.

Artículo 2. Por el presente se modifica el Anexo A de dicha Ordenanza Nº. O- 16-08 mediante la eliminación del Anexo "A" de la misma, el que se sustituye por un nuevo Anexo "A", el cual se adjunta e incorpora aquí para referencia.

Artículo 3. Por el presente se modifica el Anexo B de dicha Ordenanza Nº. O- 16-08 mediante la eliminación del Anexo "A" de la misma, el que se sustituye por un nuevo Anexo "B", el cual se adjunta e incorpora aquí para referencia.

Artículo 4. Esta Ordenanza entra en vigor inmediatamente después de su aprobación y promulgación

Artículo 5. Todas las ordenanzas o partes de ordenanzas en conflicto con el presente, si las hubiera, serán y por el presente quedan derogadas en la medida de dicho conflicto solamente.

Modificaciones a los Anexos A y B de la Ordenanza de Elecciones Generales Página1 de 2

Artículo 6. Si cualquier artículo, apartado, oración, cláusula o frase de esta ordenanza, o la aplicación de la misma a un conjunto de personas o circunstancias en particular, se considerara por cualquier motivo inválido o inconstitucional por un tribunal de jurisdicción competente, dicha invalidez no afectará las demás partes de esta ordenanza, y para tal fin, las diversas partes y disposiciones de esta ordenanza se declaran divisibles; y el Consejo Municipal de la Ciudad de Missouri City, Texas, declara que hubiera promulgado cada una de las partes de la misma independientemente de la omisión de dichas partes así declaradas inválidas o inconstitucionales, tanto si existiera una o más partes.

PROMULGADO, APROBADO Y ADOPTADO en la primera y última lectura este día ____ de ______de 2016.

______Allen Owen, Alcalde

CERTIFICADO: APROBADO EN SU FORMA:

______Maria Jackson, Secretaria Municipal E. Joyce Iyamu, Asesor Jurídico Municipal

Modificaciones a los Anexos A y B de la Ordenanza de Elecciones Generales Página2 de 2

Anexo A Los centros de votación el día de las elecciones 7 de mayo del 2016

Los centros de votación el día de las elecciones 7 de mayo de 2016 para los votantes elegibles en la cuidad de Missouri City que residen en el Condado de Fort Bend son los siguientes: Los votantes elegibles que residen en Missouri City en el condado de Fort Bend: Distrito electoral municipal número 1 de Missouri City: Todo el territorio abarcado dentro del distrito electoral números 1109, 2033, 2050, 2059, 2061, 2075, 2077, 2078, 2081, 2089, 2090, 2091, 2092, 2093, 2108, 2112, 2115, 2136, 2151, 4028, 4030, 4049, 4062, 4065, y 4127 en la ciudad de Missouri City.

CÓDIGO CENTROS DE VOTACIÓN DIRECCIÓN CIUDAD POSTAL Austin Parkway Elementary School 4400 Austin Pkwy SUGAR LAND 77479 Briarchase Missionary Bapt Church 16000 Blue Ridge Rd MISSOURI CITY 77489 Chasewood Clubhouse 7622 Chasewood Dr MISSOURI CITY 77489 Clements High School 4200 Elkins Dr SUGAR LAND 77479 Commonwealth Clubhouse 4330 Knightsbridge Blvd SUGAR LAND 77479 Crockett Middle School 19001 Beechnut St RICHMOND 77469 Deseo at Grand Mission 19002 Mission Park Dr RICHMOND 77407 Elkins High School 7007 Knights Court MISSOURI CITY 77459 FBC Library - Cinco Ranch 2620 Commercial Center Dr KATY 77494 FBC Library - Sienna 8411 Sienna Springs Blvd MISSOURI CITY 77459 FBC Library - Sugar Land Branch 5500 Eldridge SUGAR LAND 77478 FBC Library - University Branch 14010 University Blvd SUGAR LAND 77479 FBC Road and Bridge (Needville) 3743 School St NEEDVILLE 77461 FBC Rosenberg Annex Building 4520 Reading Rd ROSENBERG 77471 First Colony Conference Center 3232 Austin Parkway SUGAR LAND 77479 Fort Bend County Fairgrounds Building D 4310 Highway 36S ROSENBERG 77474 Four Corners Community Center 15700 Old Richmond Rd SUGAR LAND 77478 Gallery Furniture 7227 W. Grand Pkwy S RICHMOND 77407 Garcia Middle School 18550 Old Richmond Rd SUGAR LAND 77478 George Bush High School 6707 FM 1464 RICHMOND 77469 Great Oaks Baptist Church 7101 FM 2759 Rd RICHMOND 77469 Hightower High School 3333 Hurricane Lane MISSOURI CITY 77459 Hunters Glen Elementary School 695 Independence Blvd MISSOURI CITY 77489 Imperial Park Recreation Center 234 Matlage Way SUGAR LAND 77478 Irene Stern Community Center 6920 Katy-Fulshear Road FULSHEAR 77441 James Bowie Middle School 700 Plantation Dr RICHMOND 77406 Joy Lutheran Church 717 FM 359 RICHMOND 77406 Kempner High School 14777 Voss Rd SUGAR LAND 77498 Kendleton Church of God 619 FM 2919 KENDLETON 77451 Knights of Columbus (Sugar Land) 702 Burney Rd SUGAR LAND 77478 Lake Olympia Marina Clubhouse 180 Island Blvd MISSOURI CITY 77459 Lantern Lane Elementary School 3323 Mission Valley Dr MISSOURI CITY 77459 Lexington Creek Elementary School 2335 Dulles Ave MISSOURI CITY 77459 Lost Creek Community Center 3703 Lost Creek Blvd SUGAR LAND 77478 Meadows Place City Hall One Troyan Dr MEADOWS PLACE 77477 Mission Bend Elementary School 16200 Beechnut St HOUSTON 77083 Missouri City Baptist Church 16816 Quail Park Dr MISSOURI CITY 77459 Missouri City Community Center 1522 Texas Parkway MISSOURI CITY 77489 Missouri City Parks & Recreation 2701 Cypress Point Dr MISSOURI CITY 77459 MUD 23 Admin. Building 1570 Rabb Road FRESNO 77545 Museum of Natural Science 13016 University Blvd SUGAR LAND 77479 Mustang Community Center 4525 FM 521 FRESNO 77545 Oak Lake Baptist Church 15555 W. Airport Blvd SUGAR LAND 77478 Pinnacle Senior Center 5525#C Hobby Road HOUSTON 77053 Quail Valley Elementary School 3500 Quail Village Dr MISSOURI CITY 77459

Rev. 3/7/2016 Anexo A Los centros de votación el día de las elecciones 7 de mayo del 2016

Los votantes elegibles que residen en Missouri City en el condado de Harris: Distrito electoral municipal número 2 de Missouri City: Todo el territorio abarcado dentro del distrito electoral número 506 del Condado de Harris situado dentro de la ciudad.

LOCAL DE VOTACIÓN: DIRECCIÓN CIUDAD POSTAL Fondren Park Community Center 11800 McLain Boulevard Houston 77071

Las partes del condado de Fort Bend Precinct números 1097, 1114, 1118, 2088, 4044 y 4131 y el condado de Harris Distrito número 337 de los límites de la ciudad de Missouri City pero sin los habitantes de la ciudad no tendrá Missouri City día de las elecciones locales de votación.

Rev. 3/7/2016 ANEXO B

INFORMACIÓN SOBRE VOTACIÓN TEMPRANA

Horario para: Irene Stern Community Center - 6920 Fulshear-Katy Road, Fulshear, TX Missouri City Community Center – 1522 Texas Pkwy, Missouri City, TX Fort Bend County Road & Bridge – 3743 School Street, Needville, TX Fort Bend County Rosenberg Annex – 4520 Reading Road, Rosenberg, TX Chasewood Clubhouse – 7622 Chasewood Drive, Missouri City, TX

Día Fecha Horario Lunes a Viernes Del 25 al 29 de abril de 2016 8:00 a.m. a 5:00 p.m. Sábado El 30 de abril de 2016 8:00 a.m. a 5:00 p.m. Domingo El 1 de mayo de 2016 CERRADO Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

Horario para: First Colony Conference Center – 3232 Austin Parkway, Sugar Land, TX Hightower High School – 3333 Hurricane Lane, Missouri City, TX Four Corners Community Center – 15700 Old Richmond Road, Sugar Land, TX Sugar Land Branch Library - 550 Eldridge, Sugar Land, TX James Bowie Middle School – 700 Plantation Drive, Richmond, TX Randall’s – 5800 New Territory Boulevard, Sugar Land, TX

Día Fecha Horario Lunes a Viernes Del 25 al 29 de abril de 2016 8:00 a.m. a 7:00 p.m. Sábado El 30 de abril de 2016 8:00 a.m. a 5:00 p.m. Domingo El 1 de mayo de 2016 CERRADO Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

Horario para: Lost Creek Park – 3703 Lost Creek Boulevard, Sugar Land, TX Sienna Branch Library – 8411 Sienna Springs Boulevard, Missouri City, TX Sugar Land City Hall – 2700 Town Center Boulevard, Sugar Land, TX

Día Fecha Horario Lunes a Viernes Del 25 al 29 de abril de 2016 10:00 a.m. a 7:00 p.m. Sábado El 30 de abril de 2016 CERRADO Domingo El 1 de mayo de 2016 CERRADO Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

Horario para: Fort Bend ISD Admin. Bldg. – 16431 Lexington Boulevard, Sugar Land, TX

Día Fecha Horario Lunes a Viernes Del 25 al 29 de abril de 2016 8:00 a.m. a 7:00 p.m. Sábado El 30 de abril de 2016 CERRADO Domingo El 1 de mayo de 2016 CERRADO Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

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Horario para: Quail Valley Fund Office – 3603 Glenn Lakes Lane, Missouri City,TX Richmond Water Maintenance Facility – 110 N. 8th St., Richmond

Día Fecha Horario Lunes a Viernes Del 25 al 29 de abril de 2016 8:00 a.m. a 5:00 p.m. Sábado El 30 de abril de 2016 CERRADO Domingo El 1 de mayo de 2016 CERRADO Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

Horario para: Cinco Ranch Branch Library – 2620 Commercial Center Boulevard, Katy, TX (Temporal Colegio electoral)

Día Fecha Horario Sábado El 30 de abril de 2016 8:00 a.m. a 5:00 p.m. Domingo El 1 de mayo de 2016 CERRADO Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

Horario para: Kendleton Church of God – 619 FM 2919, Kendleton, TX (Temporal Colegio electoral)

Día Fecha Horario Lunes a Martes Del 2 al 3 de mayo de 2016 7:00 a.m. a 7:00 p.m.

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the show me city Council Agenda Item Cover Memo March 21, 2016

To: Mayor and City Council Agenda Item: 11(a) Consider a resolution of the City Council of the City of Missouri City, Texas, ratifying the creation of the Missouri City Parks Foundation and approving the bylaws for said Foundation.

Submitted by: Jim Browne, Interim Director of Parks & Recreation

SYNOPSIS

This item is presented to the Mayor and the City Council to consider approval of a resolution ratifying the creation of the Missouri City Parks Foundation. The application for formation thereof and for the adoption of the proposed Bylaws for the Missouri City Parks Foundation.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a great place to live  Maintain a financially sound City  Have quality development through buildout

BACKGROUND

The 2015 Missouri City Parks & Recreation Master Plan, adopted by City Council on July 20, 2015, identifies the formation of a 501c3 Nonprofit Corporation/Foundation as a supplemental funding strategy for parks & recreation projects which allows for tax deductible contributions and donations.

At the February 4, 2016 Parks Board meeting, the chairman and board members expressed interest in exploring the establishment of a parks foundation to facilitate donations in support of parks projects and events. The proposed foundation could also facilitate financial support and donations for public art and for large scale giving, planned giving, foundation to foundation giving, corporate donations and grants.

On February 15, 2016, the City Council received a presentation on this proposal and authorized staff to proceed with the filing of a certificate of formation with the Office of the Secretary of State.

Next steps include the adoption by City Council resolution of the proposed bylaws of the Missouri City Parks Foundation and the nomination and appointment process for a president and the directors to serve on the board of directors of this 501c3 nonprofit foundation.

FISCAL ANALYSIS

The creation and successful implementation of a 501c3 Nonprofit Foundation, the Missouri City Parks Foundation, will allow the City of Missouri City to receive and leverage gifts of land and large scale/planned giving by individuals, corporations and other foundations for parks, recreation facilities, trails, events, public art, equipment, municipal facilities, plazas and other municipally owned civic projects. The foundation will also provide a mechanism for the City to leverage grant funds by using the value of donated land as matching funds for Texas Parks & Wildlife Department Local Park Fund Grants.

SUPPORTING MATERIALS

1. Resolution including bylaws of the Missouri City Parks Foundation

STAFF’S RECOMMENDATION

Staff recommends the Mayor and City Council to approve a resolution ratifying the creation of the Missouri City Parks Foundation and approve the bylaws of the Missouri City Parks Foundation.

RESOLUTION NO. R-16-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS, RATIFYING THE CREATION OF THE MISSOURI CITY PARKS FOUNDATION AND THE SUBMISSION OF THE APPLICATION FOR FORMATION THEREOF; APPROVING BYLAWS FOR SAID FOUNDATION; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND MAKING CERTAIN FINDINGS RELATING THERETO.

* * * * * WHEREAS, the City of Missouri City Comprehensive Plan provides that the City of Missouri City (the "City") park system will maintain a high quality of life for its citizens by striving to maintain and develop park lands at a rate recognized statewide as a standard of excellence to be emulated; and

WHEREAS, the City Council considers the establishment and maintenance of a livable community to be one of the City’s most important goals; and

WHEREAS, on February 15, 2016, the City Council determined that creating a nonprofit foundation to raise funds would enhance the City’s park system and unanimously authorized City staff to proceed with the initial steps of filing the necessary documents to create such foundation; and

WHEREAS, the City Council has determined that it is in the best interest of the residents of the City to create a nonprofit foundation to raise funds to benefit the City’s park system; now therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct.

Section 2. The City Council hereby finds and declares that it is necessary that the Missouri City Parks Foundation, a nonprofit corporation, be formed.

Section 3. The City Council hereby ratifies the application for incorporation and the certificate of formation attached hereto as Exhibit “A.”

Section 4. The City Council hereby approves the Missouri City Parks Foundation bylaws substantially in the form attached hereto as Exhibit “B.”

Section 5. The City Council hereby finds, determines, recites, and declares that any notes, bonds, loans, debts or other obligations of the Missouri City Parks Foundation shall not be deemed an indebtedness, liability, obligation or pledge of the faith or credit of the State of Texas, the City of Missouri City, or any other political subdivision or governmental unit, nor shall any such notes, bonds, loans, debts or other obligations constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction or an agreement, obligation, or indebtedness of the City or of the State of Texas

01 - Parks Foundation Resolution 2016 Page 1 of 2 within the meaning of the City Charter or of any constitutional or statutory provision whatsoever.

Section 6. The City Council hereby finds, determines, recites, and declares that it is the purpose, intent, and desire of the City in approving the creation of the foundation and its articles of formation and bylaws, that such actions and the foundation comply with the requirements of the Internal Revenue Code of 1986, as such code may be amended, and the Treasury Regulations and Internal Revenue Service rulings promulgated thereunder and the rulings issued pursuant thereto.

Section 7. The officers and employees of the City are hereby authorized and directed to execute such instruments and take such actions as are consistent with the provisions of this Resolution.

Section 8. Repeal. All resolutions or parts of resolutions, if any, in conflict herewith, shall be and are expressly repealed to the extent of such conflict.

Section 9. Severability. In the event any clause, phrase, provision, sentence or part of this Resolution or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Resolution as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED, APPROVED and ADOPTED this 21st day of March, 2016.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Jackson, City Secretary E. Joyce Iyamu, City Attorney

01 - Parks Foundation Resolution 2016 Page 2 of 2

Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B"

BYLAWS OF THE MISSOURI CITY PARKS FOUNDATION A TEXAS NON-PROFIT CORPORATION

ARTICLE 1. DEFINITIONS.

1.1. In this Article:

Board means the Board of Directors of the Corporation.

City means the City of Missouri City, Texas.

City Council means the city council of the City of Missouri City, Texas.

Corporation means the Missouri City Parks Foundation.

ARTICLE 2. PURPOSE

2.1. The Corporation is organized exclusively for charitable and educational purposes allowed by law, including supporting the City in the City’s acquisition, ownership, construction, development, improvement, operation, or maintenance of land, equipment and facilities owned or controlled by the City including land, facilities, equipment and activities for recreation, entertainment, sports, the arts, and similar activities that might benefit the citizens of the City of Missouri City.

2.2. The Corporation will focus its efforts on encouraging persons, businesses, and corporations, to make contributions of funds, equipment or donations of real estate or other property of value, to the Foundation.

2.3. The Corporation may not:

2.3.1. Engage in any activities that do not further its purposes as set forth in this Certificate or take any action that would be inconsistent with the requirements for a tax exemption for charitable organizations under Internal Revenue Code of 1986 and Section 501(c)(3) and Texas Tax Code Section 11.18(c) and related regulations and rulings;

2.3.2. Pay any of its net earnings for the benefit of any private individual, other than for services rendered or as provided for in these Bylaws; or

2.3.3. Devote a substantial part of its activities or income to attempting to influence legislation or the outcome of any public election.

Exhibit "B"

ARTICLE 3. POWERS

3.1. The Corporation has all the powers of a Texas non-profit corporation and will operate in compliance with State law, including Chapter 22 of the Texas Business Organization Code, the Corporation’s Certificate of Formation, and these adopted Bylaws.

ARTICLE 4. OFFICES

4.1. The Corporation’s initial office will be located at City Hall, 1522 Texas Parkway, Missouri City, Texas 77489.

ARTICLE 5. BOARD OF DIRECTORS

5.1. Number. The Board will have no less than five, but no more than fifteen directors.

5.2. Qualifications. To qualify to serve as a director, a person must be committed to achieving the Corporation’s purpose with the financial skills, knowledge, experience or resources necessary to achieve those purposes.

5.3. Appointment, Vacancies, and Removal. The City Council appoints the persons to serve as directors on the Board, will fill vacancies on the Board, and may remove a director at any time.

5.4. Terms. Directors serve two-year terms that begin on July 1 and end on June 30. Directors continue to serve until their successors are appointed. To provide for staggered terms, the City Council may appoint a specified number of the initial directors to serve one-year terms.

5.5. Compensation and Expenses. Directors will not receive a salary or other fixed compensation for their service, but may be reimbursed for expenses incurred under written policies approved by the Board.

5.6. Meetings. Meetings will be held as requested by the President or a majority of the Board or at regular intervals as determined by the Board.

5.7. Quorum. A majority of the appointed directors are a quorum for the transaction of corporate business. The directors may, by resolution, approve procedures to allow directors who cannot attend a meeting to participate in the meeting by telephone or video conference and vote on matters that come before the board.

5.8. Executive Committee. The board of directors by resolution may elect three or more other directors to serve on an executive committee which will include the President that has and may exercise the authority of the board of directors to the extent specified in the resolution. The designation of the executive committee and the delegation of authority to the committee does not operate to relieve the board of directors, or an individual director, of any responsibility imposed on the board or director by law.

MISSOURI CITY PARKS FOUNDATION BYLAWS/Page 2

Exhibit "B"

5.9. Conflict of Interest. No director of the Board shall have an interest in any contract or transaction involving the Corporation in violation of any policy adopted by the City Council of the City of Missouri City or any charter provision of the City of Missouri City applicable to City officers and employees, Chapter 171 of the Texas Local Government Code, or any provision of any other law that establishes standards of conduct or governs interests in contracts by directors of nonprofit corporations.

ARTICLE 6. OFFICERS

6.1. Officers. The City Council will appoint a director to serve as president of the corporation, who serves at the pleasure of the City Council and may be removed at any time. The Board will elect directors to serve as vice-president, secretary, and treasurer, who serve at the pleasure of the board and may be removed at any time.

6.2. Term. Officers serve one-year terms, or until their successors are appointed.

6.3 President. The president presides at all Board meetings, supervises the business of the Corporation, and performs other duties assigned by the Board. The president executes contracts and other documents evidencing actions approved by the Board. Not less than once a year, the president will give a report to the City Council on the Corporation’s activities and financial condition. The president may appoint directors to standing or temporary committees to assist or make recommendations to the Board.

6.4. Vice-President. The vice-president performs the duties of the president in the president’s absence and performs other duties as assigned by the president or the Board.

6.5. Secretary. The secretary notifies the directors of Board meetings, records votes and minutes of the Board’s meetings, is the custodian of the Corporation’s records, and performs other duties as assigned by the president or the Board.

6.6. Treasurer. The treasurer keeps accurate accounts of the Corporations’ expenditures and revenues, insures the Board’s financial policies are followed, makes regular financial reports to the Board, provides for an independent audit of the Corporation’s accounts as requested by the Board, and performs other duties as assigned by the president or the Board.

6.7. Compensation. Directors will not receive a salary or other fixed compensation for their service, but may be reimbursed for out-of-pocket expenses arising from their duties under policies approved by the Board.

MISSOURI CITY PARKS FOUNDATION BYLAWS/Page 3

Exhibit "B"

ARTICLE 7. FINANCE.

7.1. Fiscal Year. The Corporation’s fiscal year is July 1st to June 30th.

7.2 Annual Budget. The Board will adopt an annual budget which specifies revenues and major expenditures by type and amount.

7.3 Checks, Drafts, or Orders for Payment. All checks, drafts, or orders for the payment of corporate funds may be signed manually or electronically, as approved by the corporate officers specified in a resolution adopted by the Board, or in the absence of a resolution, by at least two officers.

7.4. Deposits. All corporate funds will be deposited in a bank or other depositories selected by the Board.

ARTICLE 8. MISCELLANEOUS

8.1 Dissolution. Upon the Corporation’s dissolution, its assets will be distributed to the City.

8.2. Amendment to Certificate of Formation or Bylaws. An amendment to the Corporation’s Certificate of Formation or these Bylaws is not effective until approved by the Board and the City Council.

8.3. Controlling Law and Conflicts. These Bylaws are subject to the Texas Business Organization Code, including Chapter 22, governing nonprofit corporations. If there is a conflict between these Bylaws and the mandatory provisions of the Texas Business Organization Code, the latter controls.

8.4. Bylaws Effective Date. These Bylaws are effective on the date approved by the initial Board of Directors. Any amendments to the Bylaws are effective on the latest date of the dates approved by the Board and the City Council. The initial Bylaws were adopted by the initial Board of Directors on March 21, 2016.

MISSOURI CITY PARKS FOUNDATION BYLAWS/Page 4

the show me city Council Agenda Item March 21, 2016

13. CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Chapter 551 of the Texas Government Code.

14. RECONVENE Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session.

15. ADJOURN