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2003-03-10 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL March 10, 2003 7:30 p.m. MAYOR Tom Reid Woody Owens Mayor Pro-Tem Position No. 2 COUNCIL MEMBERS Richard Tetens Position No. 1 Charles Viktorin Position No. 3 Larry Marcott Position No. 4 Bill Eisen City Manager Klaus Seeger Position No. 5 Darrin Coker City Attorney Alan Mueller Deputy City Manager Young Lorfing City Secretary In accordance with the Texas Open Meeting Act the Agenda is posted for public information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive. AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 10, 2003, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. II. III. IV. V. VI. VII. VIII. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MAYOR'S ACTIVITY REPORT COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARING: None CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNClLMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the February 24, 2003, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the March 3, 2003, Special Meeting held at 7:00 p.m. IX. MATTERS REMOVED FROM CONSENT AGENDA Xm NEW BUSINESS Page 1 of 7 - 3/10/2003 m CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-639 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 7.34 ACRES, J. CRAWLEY SURVEY, A-174 & W.W. DUPUY & L.F. ROBERTS SURVEY, A-726, BRAZORIA COUNTY, TEXAS (14710 SH 288)(APPLICATION NO. 1088) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF TRICOR BUILDERS, AGENT FOR C & S ASPHALT SEALING COMPANY, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-640 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 5.17 ACRES, SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (BROADWAY STREET) (APPLICATION NO. 1086 AND SPECIFIC USE APPLICATION NO. 124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT (GB)- SPECIFIC USE (GB(S)) FOR MINI-STORAGE AT THE REQUEST OF S.F. SANDERS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-641 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, Page 2 of 7 - 3/10/2003 TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 2, BLOCK 7, HICKORY CREEK PLACE, H.T.& B.R.R. COMPANY SURVEY, SECTION 7, ABSTRACT 281, BRAZORIA COUNTY, TEXAS (MELANIE LANE)(APPLICATION NO. 1085) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF MICHAEL BOEGLER, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-642 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.50 ACRES OF LAND BEING A PART OF THE SOUTH ~ OF LOT 35 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19. H.T.&B.R.R. COMPANY SURVEY, ABSTRACT NO. 243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1087) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF CINDY PETRASH, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-643 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING TRACT 62A2, BEING .6642 ACRES, SITUATED IN LOT 62, FIGLAND ORCHARD SUBDIVISION, SECTION 13, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (6025 FIGLAND)(APPLICATION NO. 1084) FROM CLASSIFICATION Page 3 of 7 - 3/10/2003 Sm w aa SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF LEONARD ELIZONDO, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - REGARDING YOST ROAD PROJECT - SLEEPY HOLLOW CUL-DE-SAC PROPOSAL. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 943-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1, LAND USE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1100 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 741-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO DELETE SECTION 27-11, ENTITLED PARKLAND DEDICATION, IN ITS ENTIRETY, AND TO ADD CHAPTER 21~, TO BE ENTITLED PARKLAND DEDICATION, FOR THE PURPOSE OF ESTABLISHING UPDATED GUIDELINES FOR THE DEDICATION OF PARKLAND BY RESIDENTIAL SUBDIVIDERS; HAVING A SAVINGS Page 4 of 7 - 3/10/2003 10. 11. 12. 13. 14. CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #12 SUPPLEMENT #2 FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (WALNUT STREET IMPROVEMENT PROJECT). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #7 FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (FITE ROAD INTERSECTION PROJECT). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #5 SUPPLEMENT #4 FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (CULLEN BOULEVARD PROJECT). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TRAFFIC IMPACT ANALYSIS REIMBURSEMENT AGREEMENT WITH WAL-MART REAL ESTATE BUSINESS TRUST FOR TRAFFIC IMPROVEMENTS CON- STRUCTED ALONG FM 518 NEAR STATE HIGHWAY 288. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF PEARLAND PARKWAY SOUTHBOUND LANES 3 AND 4 IN CONNECTION WITH THE MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. Page 5 of 7 - 3/10/2003 15. 16. 17. 18. 19. 20. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH LINGO SOUTHGATE, LTD. FOR THE OVERSIZING OR SEWER MAINS ALONG KIRBY DRIVE. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 741-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING AND CLARIFYING PORTIONS OF THE CITY'S STORM DRAINAGE DESIGN CRITERIA MANUAL. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF THE WAGON WHEEL SANITARY SEWER EXTENSION PROJECT. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PROPOSED DESIGN AND PROJECT SCHEDULE FOR THE RECYCLING CENTER. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2002 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Alan Mueller, Deputy City Manager. Page 6 of 7 - 3/10/2003 OTHER BUSINESS: None. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 7 of 7 - 3/10/2003