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2001-06-25 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JUNE 25, 2001, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE II1. MAYOR'S ACTIVITY REPORT 1. Mayor's introduction of Crystal Granados, Queen of Pearland. 2. Mayor's presentation of Certificates of Appreciation regarding the Flood of 2001. 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 II. PURPOSE OF THE HEARING - REGARDING PROPOSED IMPOSITION OF CITY SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT NO. 6. III. STAFF REVIEW - REGARDING PROPOSED IMPOSITION OF CITY SALES AND USE TAX WITHIN MUNICIPAL UTILITY DISTRICT NO. 6. IV. CITIZEN COMMENTS V. COUNCIL/STAFF DISCUSSION VI. ADJOURNMENT OF DOCKETED PUBLIC HEARING Page 1 of 5 - 6/25/2001 VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AG ENDA" 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 June 11,2001, Regular Council Meeting held at 7:30 p.m. IX. MATTERS REMOVED FROM CONSENT AGENDA X, NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 1{2001-85 - A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF HELEN BECKMAN. C/ty Council. 2, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2001-81 - 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. 3, CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE RESOLUTION NO. R2001-75. City Council. 3A, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2001-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LAND BANK AGREEMENT WITH AMVEST PROPERTIES, INC. ("AMVEST") FOR Page 2 of 5 - 6/25/2001 CONVEYANCE TO THE CITY BY AMVEST OF FEE SIMPLE INTEREST IN CERTAIN PROPERTIES FOR USE AS PARKLAND TO EASETHE BURDEN ON EXISTING PARK FACILITIES CAUSED BY FUTURE DEVELOPMENTS. Mr. Ed Hersh, Parks and Recreation Director. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH ECO RESOURCES, INC., FOR PROVISION OF METER READING SERVICES. Mr. Jim Causey, Director of Finance. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A PORTABLE BUILDING FOR THE PARKS AND RECREATION DEPARTMENT. Mr. Gordon Island, Purchasing Officer. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF TWO AIR CONDITiONiNG CHILLERS FOR THE CITY HALL COMPLEX. Mr. Gordon Island, Purchasing Officer. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE TEXAS FOREST SERVICE THROUGH THE URBAN FORESTRY PARTNERSHIP GRANT PROGRAM AND EXECUTE ANY AGREEMENTS NECESSARY TO RECEIVE SAID GRANT; AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND AS REQUIRED. Mr. Ed Hersh, Parks and Recreation Director. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF PEARLAND, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE COSTS ASSOCIATED WITH THE ACQUISITION OF RIGHT-OF-WAY AND THIRD PARTY UTILITY Page 3 of 5 - 6/25/2001 ADJUSTMENTS FOR THE STATE HIGHWAY 35 PROJECT. Mr. Alan Mueller, Deputy City Manager. 9. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-524 - 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 13, BLOCK 3, SKYWAY MANOR SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR RECORD IN VOLUME 7, PAGE 67, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 980) (2901 MANVEL ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF CLAUDE AND MARGARET BIRD, 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. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY: REGARDING LEGAL MATTERS SUBJECT TO ATTORN EY-CLIENT PRIVILEGE - SITE LEASE AGREEMENT. Mr. Darrin Coker, City Attorney. 2. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY: REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE EXTRATERRITORIAL JURISDICTION APPORTIONMENT. Mr. Darrin Coker, City Attomey. 3. SECTION 551.071 CONSULTING WITH CITY ATTORNEY: REGARDING LEGAL MATTERS SUBJECTTO ATTORNEY-CLIENT PRIVILEGE - LAND USE. Mr. Darrin Coker, City Attomey. Page 4 of 5 - 6/25/2001 4. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED IN THE CITY OF PEARLAND - PARK PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): 10. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE - SITE LEASE AGREEMENT. Mr. Darrin Coker, City Attorney. 11. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE EXTRATERRITORIAL JURISDICTION APPORTIONMENT. Mr. Darrin Coker, City Attomey. 12. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE- LAND USE. Mr. Darrin Coker, City Attorney. 13. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED IN THE CITY OF PEARLAND - PARK PROPERTY. Mr. Darrin Coker, City Attomey. Xl. 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 5 of 5 - 6/25/2001