2001-04-23 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON APRIL 23, 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
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
AGENDAAND CONSIDERED BY SEPARATE ACTION (X. MA TTERS REMOVED
FROM CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS
THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
1. Minutes of the April 2, 2001, Joint Public Hearing held at 6:30
p.m.
2. Minutes of the April 9, 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 APRIL 9, 2001. City Council.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 Attomey.
D. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
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.
E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
AUTHORIZING THE ISSUANCE OF $3,400,000 WATERWORKS
AND SEWER COMBINATION UNLIMITED TAX AND REVENUE
BONDS, SERIES 2001. Mr. Darrin Coker, City Attomey.
F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE SALE OF TRACT 7A,
BLOCK 1, ABSTRACT 0237, H.T. & B.R.R. CO. SURVEY, FOR THE
BID AMOUNT OF $7,000.00. Mr. Darrin Coker, City Attomey.
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR MAY 2001. Mr. Darrin Coker, City
Attorney.
IX. MATTERS REMOVED FROM CONSENT AGENDA
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X. NEW BUSINESS
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1. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL
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.
2. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING 9.469 ACRES OF LAND SITUATED IN THE EAST Y2 OF THE
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 ONE AND ONE-HALF
(1~) 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 SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Tobin Maples, Manager of Administrative Support.
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~ 3. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 1002 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
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES
(NORTH OF FM 518 AND WEST OF MAX ROAD); APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE. Mr. Tobin Maples, Manager of Administrative Support.
4. CONSIDERATION AND POSSIBLE ACTION- APPOINTMENTS TO
THE BOARD OF DIRECTORS OF THE HEALTH FACILITIES
DEVELOPMENT CORPORATION. Mr. Darrin Coker, City Attomey.
5. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF
THE CITY MANAGER'S REAPPOINTMENT OF ONE (1) MEMBER
TO THE CIVIL SERVICE COMMISSION. Mr. Alan Mueller, Interim
City Manager.
6. CONSIDERATION AND' POSSIBLE ACTION MOTION TO
~ REMOVE FROM TABLE RESOLUTION NO. R2001-49. CityCouncil.
6A. 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.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1010 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
TWENTY FOOT (20') WIDE ACCESS EASEMENT LOCATED
ALONG FM 518 AND MORE PARTICULARLY DESCRIBED AS
LOT A, BLOCK 1, OF THE GEORGE W. JENKINS SUBDIVISION
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 Attomey.
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8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING ORDINANCE NO. 220-8 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ARTICLE 2, RATESAND CHARGES, OF CHAPTER 30, UTILITIES,
OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING
PROJECTED SERVICE AREAS RELATED TO WATER AND
SEWER EXTENSIONS, PRO RATA CHARGES, AND OTHER
CHARGES ESTABLISHED; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO FAIRLY
DISTRIBUTE THE COST OF EXTENDING WATER AND SEWER
LINES WHERE THOSE SERVICES ARE NOT AVAILABLE 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.
9. CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF
MASTER CONCEPT PLAN FOR THE SOUTHWEST
ENVIRONMENTAL CENTER. Mr. Ed Hersh, Parks and Recreation
Director.
10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R2001-51,
AND 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, Parks and
Recreation Director.
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11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING BID NO. B2001-049 FOR
THE PURCHASE OF AN AERIAL FIRE APPARATUS TRUCK AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR SAID PURCHASE. Mr. Gordon
Island, Purchasing Officer.
12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2001-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CiTY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE
OF SBR EQUIPMENT ASSOCIATED WITH THE FAR NORTHWEST
WASTEWATER TREATMENT PLANT. Mr. John Hargrove, City
Engineer.
13. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-520 - 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 A 44.0130 ACRE TRACT OUT OF A 78.1761 ACRE TRACT,
BEING ALL OF TRACT 6 ~, 5 AND A PART OF TRACT 3 & 4 OF
THE SUBDIVISION OF SECTION 5, H. T. & B. R.R. CO. SURVEY,
A~237, AS PER PLAT RECORDS IN VOL. 28, PG 6, DEED
RECORDS OF BRAZORIA CO., TX (APPLICATION NO.
956)(HATFIELD ESTATES) FROM CLASSIFICATION SUBURBAN
DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE
REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES,
INC., OWNER, PROVIDING FOR AN AMENDMENT OFTHE 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.
14. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-521- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN
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DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING LOT 6, BLOCK 1, BUENA VIDA SUBDIVISION, H. T. & B.
R.R. COMPANY SURVEY, A-240, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 316)(5725 CANTU) FROM CLASSIFICATION
SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-3)
AT THE REQUEST OF RAFAEL SALAZAR AND GEORGE
SALAZAR, 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.
15. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-522- 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 MACHINE SHOP
AND SPECIFIC USE FOR AN RV/BOAT STORAGE ON THE
FOLLOWING PROPERTY, BEING 9.743 ACRES BEING A PART OF
LOT 18, ALLISON RICHEY GULF COAST COMPANY
SUBDIVISION, F.B. DRAKE SURVEY, H. T. & B. R.R. COMPANY
SURVEY NO. 8, A-504, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE PLAT RECORDS IN VOLUME. 2, PAGE 23, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
977 AND SPECIFIC USE NOS. 91 & 92) (2413 ROY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT - SPECIFIC USE (C(S)S) AT THE
REQUEST OF BOBBY EARL HOPPER 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, Manager of Administrative Support.
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OTHER BUSINESS:
Xl. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 CONSULTING WITH CITY ATTORNEY
REGARDING PENDING LITIGATION. Mr. Darrin Coker, City
Attorney.
2. SECTION 551.072 REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin
Coker, City Attomey.
NEW BUSINESS (CONTINUED):
16. CONSIDERATION AND POSSIBLE ACTION - INSTRUCT TO THE
CITY ATTORNEY REGARDING PENDING LITIGATION. Mr. Darrin
Coker, City Attomey.
17. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF
REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr.
Darrin Coker, City Attorney.
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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