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2003-11-24 CITY COUNCIL MEETING AGENA AMENDED AGENDA ADDED EXECUTIVE SESSION NO. 2 & NEW BUSINESS ITEM NO. 14 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 24, 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 COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the November 10, 2003, Public Hearing (Disannexation) held at 6:30 p.m. Minutes of the November 10, 2003, Public Hearing (Abandonment of utility easement) held at 6:30 p.m. Minutes of the November 10, 2003, Regular Council Meeting held at 7:30 p.m. Page 1 of 8 - 11/24/2003 Gm CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-680 - 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 12.0467 ACRES, BEING OUT OF LOTS 59 AND 60 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION, SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (NORTH SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD) (APPLICATION NO. 1129) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR BILL WISE, 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. 509-681 - 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 0.72 ACRES, GARDEN ACRES SUBDIVISION, SECTION 2, LOTS 1 AND 2, BLOCK 2, ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (GARDENIA STREET AT GARDEN ROAD) (APPLICATION NO. 1130) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JEFFREY AND VERETTA WHITEHEAD, OWNERS, 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. Page 2 of 8 - 11/24/2003 Du CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-682 - 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 19.697 ACRES, TRACT 2A, AND 4.3412 ACRES, TRACT 3, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5406 MAGNOLIA STREET) (APPLICATION NO. 1127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF ELAINE JANET W. HADDEN, 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. DEVELOPMENT TEXAS, FOR CLASSIFICATION BEING LOTS 5 ABSTRACT 509, CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-683 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN ORDINANCE OF THE CITY OF PEARLAND, THE PURPOSE OF CHANGING THE OF CERTAIN REAL PROPERTY LOCATION AND 6, BLOCK 3, OF COLONIAL ESTATES, H.T, & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5130 CONFEDERATE DRIVE) (APPLICATION NO. 1126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF WILLIAM L. FREEMAN, 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. 1023-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING EXHIBIT "H" OF ORDINANCE NO. 1023 AS IT APPLIES TO FEES FOR WAIVERS OF ENCROACHMENTS; CONTAINING A SAVINGS Page 3 of 8 - 11/24/2003 Hw CLAUSE, a SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN FOURTEEN FOOT (14') PUBLIC UTILITY EASEMENT LOCATED IN THE J. CRAWLEY SURVEY, ABSTRACT 174, AND THE WILLIAM MORRIS SURVEY, ABSTRACT 344, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1135 - AN ORDINANCE GRANTING THE CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1136 - AN ORDINANCE GRANTING THE CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 35 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF SHADOW CREEK RANCH SF-14B. Mr. Doug Kneupper, City Engineer. SUBDIVISION Page 4 of 8 - 11/24/2003 IX. X. Lw Mm m CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF TOWNE LAKES ESTATES SECTION TWO. Mr. Doug Kneupper, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2003-179 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE INSTALLATION OF TWO GROUND STORAGE TANKS (ALICE STREET WATER PLANT). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2003-176 - 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 VEHICLES FOR EMS AND THE FIRE MARSHAL'S OFFICE. Mr. Bill Eisen, City Manager. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - REGARDING THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE AND POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #13 FOR SURVEYING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (JOHN LIZER/MAGNOLIA/SOUTH FORK PROJECT). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2003-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN EMERGENCY EXPENDITURE ASSOCIATED WITH REPAIRS TO THE MAGNOLIA WATER WELL. Mr. Bill Eisen, City Manager. Page 5 of 8 - 11/24/2003 m m 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2003-177 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN EMERGENCY EXPENDITURE ASSOCIATED WITH REPAIRS TO THE STRATFORD STREET SEWER LINE. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1138 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A MONUMENT SIGN AND BRICK FLOWER BEDS INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF C.R. 59 AND JACKSON AVENUE IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1137 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF AN ELECTRIC LINE INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2003-180 - 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 BLACK & VEATCH CORPORATION FOR ENGINEERING SERVICES ASSOCIATED WITH THE PREPARATION OF A WATER AND SEWER RATE STUDY. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-175 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF A ROADWAY IMPACT FEE ADVISORY COMMITTEE. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION REAPPOINTMENT OF JO KNIGHT TO SERVE ON THE TAX INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD OF DIRECTORS AND REAPPOINTMENT OF NIGEL HARRISON TO SERVE AS Page 6 of 8 - 11/24/2003 CHAIRPERSON ON TAX INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD OF DIRECTORS. Mayor Tom Reid. 11. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF MONUMENT SIGNS INTO THE CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF SCHLEIDER DRIVE AND PLUM STREET AND THE INTERSECTION OF SCHLEIDER DRIVE AND ORANGE STREET. Mr. Darrin Coker, City Attomey. 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RATIFYING AN ENGINEERING CONTRACT BETWEEN KIRST ENGINEERING COMPANY AND THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION FOR ENGINEERING SERVICES ASSOCIATED WITH THE INDUSTRIAL DRIVE WATER IMPROVEMENTS. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. m SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, OR EXCHANGE OF REAL PROPERTY - CITY FACILITIES. Mr. Bill Eisen City Manager. NEW BUSINESS (CONTINUED): 13. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. 14. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, OR EXCHANGE OF REAL PROPERTY - CITY FACILITIES. Mr. Bill Eisen, City Manager. Page 7 of 8 - 11/24/2003 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. Page 8 of 8 - 11/24/2003