2001-04-09 CITY COUNCIL MEETING AGENDAAGENDA' REGULAR MEETING OF THE CITY COUNCIL OFTHE CITY OF PEARLAND,
TEXAS, TO BE HELD ON APRIL 9, 2001, AT 7:30 P.M., IN THE COUNCIL CHAMBERS,
CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I.. CALL TO ORDER
I1. INVOCATION AND PLEDGE OF ALLEGIANCE
II1. MAYOR'S ACTIVITY REPORT
1. Proclamation - "14th Annual Crawdad Jamboree"
2. Proclamation - "Child Abuse Prevention Month"
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 CONSENTAGENDA). AP PROVAL OF THE CONSENT AGENDA ENACTS
THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the Mamh 26, 2001, Regular Council Meeting held
at 7:30 p.m.
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~-~ B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER HELEN BECKMAN FROM THE REGULAR
MEETING HELD ON MARCH 26, 2001. City Council.
C. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 985-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 985, THE 2000-2001 ANNUAL BUDGET
ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN
GENERAL FUND LINE ITEMS 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. Mr.
Jim Causey, Director of Finance.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-516 -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 60 ACRES, BEING TRACTS 26-31 H. T. & B. R.R.
COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS
(HATFIELD ROAD) (APPLICATION NO. 967)(HATFIELD ROAD)
FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT
(R-2) TO SINGLE FAMILY DISTRICT PLANNED UNIT
DEVELOPMENT (R-2 PUD) AT THE REQUEST OF JAMES
CORNELIUS, AGENT FOR RONALD NOLES AND BILLY NOLES,
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,
Manager of Administrative Support.
E. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
READING OF ORDINANCE NO. 509-517- AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
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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 ACRES, BEING THE SOUTH 1~ OF LOT 50, ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION
19, H. T. & B. R. R. COMPANY SURVEY, A~243, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
APPEARING IN VOLUME 2, PAGE 23-24, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 973)(1738
STONE ROAD OLD ADDRESS: 13418 STONE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF MARLO
VICTORiNO AND ANA LIZA JUGUILON, OWNERS, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A S EVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Tobin Maples, Manager of Administrative Support.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-518- AN ORDINANCE OF TH E
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 6, BETHEL SUBDIVISION, SECTION 2, BEING TRACT
4, OUT OF AND A PART OF COMMERCIAL RESERVE, BLOCK 2,
WEST LEA SUBDIVISION, SECTION 1, AS PER THE MAP OR
PLAT THEREOF AS RECORDED IN VOLUME 10, PAGE 19,
BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 972)(MANVEL ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST
OF JUAN HERRERA, OWNER, PROVIDING FORAN 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, Manager of Administrative Support.
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~ G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-519- AN ORDINANCE OF TH E
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 6, BETHEL SUBDIVISION, SECTION 2, BEING A 5.364
ACRE TRACT LOCATED IN LOT 11, H.T. & B.R.R. COMPANY
SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 974)(5509 BAILEY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST
OF KEN AND PATRICIA SMITH, 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, Manager of Administrative Support.
H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO
~ EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF
FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER
SERVICE. Mr. Jim Causey, Director of Finance.
I. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
ROBERT SCHERRER TO SERVE ON THE PLANNING AND
ZONING COMMISSION. Mr. Darrin Coker, City Attomey.
J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO,
R2001-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF ADDITIONAL FIRE HOSE AND HARDWARE. Mr. Gordon Island,
Purchasing Officer.
IX. MATTERS REMOVED FROM CONSENT AGENDA
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,,-~, X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-48 - 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 WALSH/FREESE AND NICHOLS, INC. - LOCKWOOD,
ANDREWS & NEWNAM, INC. FOR ENGINEERING SERVICES
ASSOCIATED WITH THE DIXIE FARM ROAD IMPROVEMENT
PROJECT. Mr. Alan Mueller, Interim City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ACCEPTING A GENERAL WARRANTY
DEED FROM SOUTHWESTERN BELL TELEPHONE. Mr. Alan
Mueller, Interim City Manager.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1007 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAl. UTILITY
DISTRICT NO. 18 OF 41.1493 ACRES OF LAND. Mr. Darrin Coker,
,~'. City Attorney.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1008 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6 OF 159.335 ACRES OF LAND. Mr. Darrin Coker,
City Attomey.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1009 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING PROCEDURES NECESSARY TO PROPERLY
IMPLEMENT AND ENFORCE THE CITY OF PEARLAND'S
DROUGHT CONTINGENCY PLAN; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE; AND
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DECLARING AN EMERGENCY BECAUSE THE NEED TO
PROMOTE CONSERVATION OF THE POTABLE WATER SUPPLY
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY. Mr. Alan Mueller, Interim City Manager.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DESIGNATING OFFICIALS AS BEING
RESPONSIBLE FOR THE CITY OF PEARLAND ("APPLICANT") IN
DEALING WITH TEXAS PARKS & WILDLIFE ("TPW"), FOR THE
PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND
PARKS ACCOUNT SMALL GRANTS PROGRAM (HEREINAFTER
CALLED THE "PROGRAM"); CERTIFYING THAT APPLICANT IS
ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING
THAT THE APPLICANT'S MATCHING SHARE IS READILY
-AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR
PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED
PROPERTY) PUBLIC PARK AND RECREATIONAL USES. Mr. Ed
Hersh, Director of Parks and Recreation.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
/~. ORDINANCE NO. 509-G -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW
SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY
LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
TION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Manager of
Administrative Support.
8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-483 - 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 9.469 ACRES OF LAND SITUATED IN THE EAST ~ OFTHE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15,
H. T.& B. R. R. CO. SURVEY, A-241, BRAZORIA CO., TX
(APPLICATION NO. 934) (6614 BROADWAY STREET) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT- SPECIFIC USE (C-S) WITH SPECIFIC
USE PERMITS FOR A CONTRACTORS STORAGE OR
EQUIPMENT YARD, HEAVY MACHINERY SALES\STORAGE &
REPAIR, STORAGE AND MINI-WAREHOUSE, WELDING OR
MACHINE SHOP, PIPE STORAGE YARD, PIPE PROCESSING,
AND CONCRETE BATCHING OPERATIONS & STORAGE OF
ASSOCIATED PROCESSING MATERIAL RESTRICTED TO THREE
(3) YARDS OR LESS PER BATCH; AT THE REQUEST OF ORLEN
W. & MICHAEL P. O'DAY, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABtLITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Manager of Administrative Support.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT COD~
1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT
PRIVILEGE. Mr. Darrin Coker, City Attomey.
2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
City Council.
3. SECTION 551.074 - PERSONNEL MATTERS: REGARDING THE
APPOINTMENT OR REAPPOINTMENT OF INDIVIDUALS TO
SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION BOARD. City Council.
NEW BUSINESS (CONTINUED):
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9. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT
TO ATTORNEY-CLIENT PRIVILEGE. Mr. Darrin Coker, City
Attorney.
10. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY. City Council.
11. CONSIDERATION AND POSSIBLE ACTION REGARDING
APPOINTMENTS OR REAPPOINTMENTS OF INDIVIDUALS TO
SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION BOARD. City Council.
XI. 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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