2003-03-24 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIl,
March 24, 2003
7:30 p.m.
MAYOR
Tom Reid
Richard Tetens
Position No. 1
Woody Owens
Mayor Pro-Tem
Position No. 2
COUNCIL MEMBERS
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 24, 2003, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
II. INVOCATION AND PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
Proclamation -"Crime Victims Rights Week"
Proclamation - "Texas Junior Classical League Latin Days"
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED
TO BE ROUTINE, AND REQUIRE LITTLE OR NO DELIBERATION BY THE
CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE
MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION
ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (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 January 20, 2003, Joint Public Hearing held at 6:30
p.m.
2. Minutes of the March 10, 2003, Regular Council Meeting held at
7:30 p.m.
3. Minutes of the March 10, 2003, Special Meeting held at 7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 D/rector
of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 WITH THE
ADDITIONAL REQUIREMENTS THAT 1) A MASONRY FENCE
(BRICK IN FRONT) IS CONSTRUCTED AROUND THE ENTIRE
PROPERTY 2) DETENTION FACILITIES BE CONSTRUCTED
BEFORE THE PROPERTY IS DEVELOPED AND 3) THE
LANDSCAPING IS INSTALLED OUTSIDE OF THE BRICK FENCE
FACING FM 518, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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,
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 - SECOND AND FINAL
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 D/rector of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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
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 - SECOND AND FINAL
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 - SECOND AND FINAL
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 - SECOND AND FINAL
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
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CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
REAPPOINTMENT OF DELORES FENWICK, MICHELLE LEGGETT
AND JUDY SISSOM TO SERVE ON THE CHANNEL REVIEW
BOARD FOR A THREE-YEAR TERM AND APPOINT DEBBIE
SCHIELKE AS ALTERNATE MEMBER TO SERVE A TWO-YEAR
TERM. Mayor Tom Reid.
CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-14A.
Mr. John Hargrove, City Engineer.
SUBDIVISION
CONSIDERATION
ACCEPTANCE OF
Mr. John Hargrove,
AND POSSIBLE ACTION -
SHADOW CREEK RANCH SF-10.
City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF: SHADOW CREEK RANCH VILLAGE 1 PHASE 2
B - KIRBY DRIVE EXTENSION. Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR
MEETING HELD ON MARCH 10, 2003. City Council.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1101 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF
MUNICIPAL ROAD IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL ROAD IMPROVEMENTS BEARS
DIRECTLY UPON 'THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attomey.
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IX.
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MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A CONTRACT WITH PGAL, INC.
FOR PREPARATION OF A CITY WIDE SPACE NEEDS
ASSESSMENT STUDY. Mr. Bill E/sen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE FITE ROAD INTERSECTION
PROJECT. Mr. Bill E/sen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #11
SUPPLEMENT #3 FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE
BOND PROGRAM (FITE ROAD INTERSECTION PROJECT).
Mr. Bill E/sen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE SCHLEIDER DRIVE
EXTENSION PROJECT. Mr. Bill E/sen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTING A CITIZEN'S CODE ADVISORY COMMITTEE (CCAC)
TO ASSIST THE CITY COUNCIL, PLANNING AND ZONING
COMMISSION, AND PLANNING CONSULTANT IN PREPARING THE
NEW LAND DEVELOPMENT CODE (UNIFIED DEVELOPMENT
CODE). Mr. Tobin Maples, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1076-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1076, THE 2002-2003 ANNUAL BUDGET
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ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS TO THE
TAX INCREMENT REINVESTMENT ZONE #2 FUND FOR
MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO
FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT
FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND
AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Alan Mueller, Deputy City Manager.
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CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM THE
TABLE RESOLUTION NO. R2003-48. City Council.
7A.
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 Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY-
RIGHT-OF-WAY. Mr. Darrin Coker, City Attomey.
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SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE
CITY ATTORNEY. City Council.
NEW BUSINESS (CONTINUED):
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CONSIDERATION AND POSSIBLE ACTION
PROPERTY FOR THE ACQUISITION OF
Mr. Darrin Coker, City Attorney.
- REGARDING
RIGHT-OF-WAY.
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CONSIDERATION AND POSSIBLE ACTION REGARDING THE
ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council.
ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
.Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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