2003-04-28 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
April 28, 2003 7:30 p.m.
MAYOR
Tom Reid
Woody Owens
Mayor Pro-Tern
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 I
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 APRIL 28, 2003, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
Presentation of Proclamation "National and Pearland Volunteer
Week"
Presentation of Proclamation "Trauma Awareness Month"
Presentation of Proclamation "Teacher Appreciation Week"
Presentation of the Pearland/Hobby Area Chamber of Commerce
2003 Membership Directory.
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 April 14, 2003, Public Hearing held at 7:00 p.m.
2. Minutes of the April 14, 2003, Regular Council Meeting at 7:30 p.m.
3. Minutes of the February 17, 2003, Joint Public Hearing held at 6:30
p.m.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-644 - 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 3.044 ACRES OUT OF A 9.35 ACRE TRACT, JOHN W.
MAXEY SURVEY, A-721, AND A 9.66 ACRE TRACT BEING A PART
OF LOT 14 AND 15, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION 20, H.T. & B.R.R. COMPANY
SURVEY, A-506, BRAZORIA COUNTY, TEXAS (F.M. 518 AT
SUNRISE BOULEVARD) (APPLICATION NO. 1090) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GARY
FERGUSON, AGENT FOR FM 518 WEST LIMITED, 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. 509-645 - 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 33, WESTCHESTER ESTATES, BRAZORIA COUNTY,
TEXAS (MANVEL ROAD)(APPLICATION NO. 1083) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
OFFICE PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF
JOHNNY SIMS, AGENT FOR MICHAEL RUDNICKI, 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. 509-646 - 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 AND GRANTING
A SPECIFIC USE PERMIT FOR A MANUFACTURED HOUSE TO BE
PLACED IN A SUBURBAN DEVELOPMENT DISTRICT (SD) ON THE
FOLLOWING PROPERTY, BEING LOT 3,DETENBECK AND
BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS (5909
BARDET) (SPECIFIC USE NO. 125) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN
DEVELOPMENT DISTRICT SPECIFIC USE (SD-(S)) AT THE
REQUEST OF WAYNE AND BERTA HALES, 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. 509-647 - 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 10 OF SEDDON ACRES, AN UNRECORDED
SUBDIVISION BEING OUT OF THE SOUTH ONE-HALF OF LOT 51
OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 19, H.T. & B.R.R. SURVEY, ABSTRACT
243, BRAZORIA COUNTY, TEXAS (SEDDON ROAD) (APPLICATION
NO. 1089) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-648 - 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 10.125 ACRES OUT OF LOT 6 OF THE ALLISON RICHEY
GULF COAST HOMES SUBURBAN GARDENS SUBDIVISION OF
SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309,
BRAZORIA COUNTY, TEXAS (FITE ROAD) (APPLICATION NO.
1092) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF CHRIS HILLMAN, AGENT FOR SANDEEP
PATEL, 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. 509-649 - 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 1.89 ACRES OUT OF LOT 8, RICHLAND ACRES, ABSTRACT
509, H.T.& B.R.R. COMPANY SURVEY, BRAZORIA COUNTY,
TEXAS (3549 AUBRELL ROAD) (APPLICATION NO. 1091) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE
REQUEST OF JAMES SCHLUNTZ, 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. 1102 - AN ORDINANCE
EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND,
TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS
AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
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ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4); APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED
TO THE SUBJECT; CONTAINING A SAVINGS AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attomey.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1105 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING
THE ENCROACHMENT OF SWIMMING POOL PLUMBING INTO A
UTILITY EASEMENT. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF BELLA VITA SECTION THREE.
Mr. John Hargrove, City Engineer.
- SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL
COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A
GRADALL EXCAVATOR. Mr. Gordon Island, Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING THE AUTHORIZED
REPRESENTATIVES TO THE TEXAS LOCAL GOVERNMENT
INVESTMENT POOL. Ms. Mary Ross, Director of Finance.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR MAY 2003. Mr. Darrin Coker, CityAttomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1106 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY
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IX,
X.
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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 IMPROVEMENTS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF THE PEARLAND RECYCLING CENTER. Mr. Gordon Island,
Purchasing Officer.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1108 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING
ORDINANCE NO. 772, TREE PROTECTION AND PRESERVATION
ORDINANCE, AND ESTABLISHING NEW CRITERIA AND
REGULATIONS FOR THE PRESERVATION OF TREES OF THE
CITY OF PEARLAND, TEXAS, PROVIDING MINIMUM STANDARDS;
PROVIDING FOR THE REPLACEMENT AND REPLANTING OF
TREES THAT ARE REMOVED DURING CONSTRUCTION,
DEVELOPMENT OR PRE-DEVELOPMENT; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A
REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #10
SUPPLEMENT #3 FOR ENGINEERING AND SURVEYING
SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND
DRAINAGE BOND PROGRAM (YOST ROAD PROJECT).
Mr. Bill Eisen, City Manager.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2003-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT
WITH THE MURILLO COMPANY FOR MATERIALS TESTING
SERVICES ASSOCIATED WITH THE CONSTRUCTION OF
PEARLAND PARKWAY SOUTHBOUND LANES 3 AND 4.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1076-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 1076, THE 2002-2003 ANNUAL BUDGET
ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS TO THE
MOBILITY BOND FUND, THE 2001 CERTIFICATE OF OBLIGATION
FUND AND THE ROAD AND BRIDGE 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.
Ms. Mary Ross, Director of Finance.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
APPOINTMENT OF 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.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY FOR DRAINAGE EASEMENT. Mr. Darrin Coker,
City Attorney.
Page 7 of 8 - 4/28/2003
SECTION 551.072 - CONSULTATION WITH ATTORNEY:
REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH
RIGHT-OF-WAY FOR PEARLAND PARKWAY. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ACQUISITION OF LAND FOR RIGHT-OF-WAY FOR DRAINAGE
EASEMENT. City Council.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
ACQUISITION OF LAND FOR RIGHT-OF-WAY FOR PEARLAND
PARKWAY. City Council.
Xl. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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