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2001-03-26 CITY COUNCIL MEETING AGENDA AGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 26, 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 - "Project Graduation" IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: REGARDING THE CITY OF PEARLAND DROUGHT CONTINGENCY PLAN. I. CALL TO ORDER I1. PURPOSE OF THE HEARING - THE CITY OF PEARLAND DROUGHT CONTINGENCY PLAN. III. STAFF REVIEW OF THE CITY OF PEARLAND DROUGHT CONTINGENCY PLAN. IV. CITIZEN COMMENTS V. COUNCIL/STAFF DISCUSSION VI. ADJOURNMENT OF DOCKETED PUBLIC HEARING Page 1 of 10 - 3/26/2001 ~.~ VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LI'I'FLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNClLMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND 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 March 5, 2001, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the March 12, 2001, Special Council Meeting held at 6:00 p.m. 3. Minutes of the March 12, 2001, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the March 16, 2001, Special Council Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-504-AN ORDINANCE OFTHE 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 LOTS 4-10, DETENBECK & BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 10, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 964) (5902 BARDETT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF ARTHUR PARTAIN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 2 of 10 - 3/26/2001 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE INSTALLATION OF THE FIGLAND/WAGON TRAIL SEWER LINE. Mr. Jerry Bums, Public Works Director. D, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2001-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH EDA PROJECT NO. 2A: 20" WATERTRANSMISSION MAIN. Mr. Michael Ross, Project Manager. E, CONSIDERATION AND poSSIBLE ACTION - RESOLUTION NO, R2001-41 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE SUPPLY OF MOTOR FUELS. Mr. Gordon Island, Purchasing Officer. F, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2001-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~, OF PEARLAND, TEXAS, AWARDING A BID FOR THE SUPPLY OF ' POOL CHEMICALS AND RELATED SERVICES. Mr. Gordon Island, Purchasing Officer. IX, MATTERS REMOVED FROM CONSENT AGENDA X, NEW BUSINESS 1; CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2001-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE RESULTS OF THE CITY'S ANNUAL FINANCIAL AUDIT AS PREPARED BY NULL- LAIRSON, P.C. Mr. Jim Causey, Director of Finance. 2, CONSIDERATION AND POSSIBLE ACTION - REGARDING THE PROPOSED CULLEN BOULEVARD LAND USE PLAN. Mr. Tobin Maples, Manager of Administrative Support. Page 3 of 10 - 3/26/2001 3. CONSIDERATION AND POSSIBLE ACTION - FIRST 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. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER WITH HADDOCK CONSTRUCTION FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE DAVID L. SMITH SITE EAST POND DETENTION BASIN. Mr. John Hargrove, City Engineer. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING STAFF TO NEGOTIATE ~ AN AGREEMENT WITH ECO RESOURCES FOR WATER UTILITY SERVICES. Mr. Jim Causey, Director of Finance. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER WITH PATE & PATE ENTERPRISES, INC. FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA/HARKEY SANITARY SEWER IMPROVEMENT PROJECT. Mr. John Hargrove, City Engineer. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $2,370,000 UNLIMITED TAX BONDS, SERIES 2001. Mr. Darrin Coker, City Attomey. Page 4 of 10 - 3/26/2001 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A SERVICE AGREEMENT WITH BANK OF AMERICA FOR PURCHASING CARD SERVICES. Mr. Gordon Island, Purchasing Officer. 9. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-515 - 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 124.4087 ACRES, OUT OF 297.58 ACRES CONVEYED TO AARON PASTERNAK BY WARRANTY DEED DATED JANUARY 14, 1969 AND RECORDED IN VOLUME 1023, PAGE 297, DEED RECORDS OF BRAZORIA COUNTY, TEXAS AND BEING IN THE WARREN D.C. HALL LEAGUE, A-70, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 971)(PEARLAND PARKWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-1 ~ PUD) AT THE REQUEST OF JOHN H. TAYLOR, TRUSTEE, AGENT FOR 313 ACRE PEARLAND JOINT VENTURE ET AL, 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. 10. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 Page 5 of 10 - 3/26/2001 (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. 11. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-517 - 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 ACRES, BEING THE SOUTH ~ 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 SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. 12. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-518 - 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 Page 6 of 10 - 3/26/2001 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. 13. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-519 - 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 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. 14. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-512 - 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 Page 7 of 10 - 3/26/2001 BEING 1.450 ACRES OUT OF LOT 8, BEING THE SOUTHEAST 1/4 ~'"'" OF THE NORTHWEST 1/4 OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 501)(3713 AUBRELL OLD ADDRESS: 1611 AUBRELL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF RAYMOND AND RITA GIROD, 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. Tob/n Map/es, Manager of Administrative Support. 15, CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO, 509-513 - 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 LOTS 4 & 5, BLOCK 2, WAGON WHEEL ADDITION, H.T. & B. R. & R COMPANY SURVEY, A-509, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO, ~ 593)(6118 LARRYCREST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF JOHN AND EVlE JOHNSON, OWNERS, 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. 16. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-514 - 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 2.00 ACRES, ROY ACRES II, TRACT 168J-169U, H. T. & B. Page 8 of 10 - 3/26/2001 R.R. COMPANY SURVEY, A-308, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 596)(7902 WARREN)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF WESLEY AND PHYLLIS SHAFER, 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. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. 3. SECTION 551.074- PERSONNEL MA~'rERS: REVIEW INDIVIDUAL APPLICATIONS TO SERVE ON THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENTS. City Council. 4. SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. NEW BUSINESS (CONTINUED): 17. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. 18. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. Page 9 of 10 - 3/26/2001 19. CONSIDERATION AND POSSIBLE ACTION REGARDING INDIVIDUAL APPLICATIONS TO SERVE ON THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENTS. City Council. 20. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. 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. Page 10 of 10 - 3/26/2001