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2001-10-08 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON OCTOBER 8, 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 III. MAYOR'S ACTIVITY REPORT 1. Proclamation - "Partnem For Pearland Bowling for Books BowI-A- Thon Day" 2. Presentation of Little League Certificates 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 I I~RSREMOVED FROM CONSENTAGENDA). APPROVAL OF THE CONSENT AG ENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the September 6, 2001, Special Council Meeting held at 6:30 p.m. Page 1 of 10 - 10/8/2001 2. Minutes of the September 10, 2001, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the September 10, 2001, Regular Council Meeting held at 7:00 p.m. 4. Minutes of the September 10, 2001, Regular Council Meeting held at 7:30 p.m. 5. Minutes of the September 17, 2001, Special Meeting held at 6:00 p.m. 6. Minutes of the September 18, 2001, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF BARCLAY PLACE SUBDIVISION. Mr. John Hargrove, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION - REGARDING BOARD APPOINTMENT TO THE LIBRARY BOARD. MayorReid. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-531. City Council. lA. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-531 - 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 80 ACRES OUT OF THE F. B. DRAKE SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND, BRAZORIA CO., TX (APPLICATION NO, 988)(VETERANS ROAD @ SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR MARY F. EDWARDS, OWNER, PROVIDING FOR AN AMENDMENT OF THE Page 2 of 10 - 10/8/2001 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. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO, 509-535 - 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 47 & 48, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, A-506, ACCORDING TO VOLUME 2, PAGE 23, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 993)(CULLEN BOULEVARD @ HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF DOMINIC TUC VU, 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. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-536 - 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 ACRES OUT OF LOTS 8 & 9, HICKORY PLACE SUBDIVISION, VOLUME 18, PAGE 333-334, B. C. P. R., H. T. & B. R.R. COMPANY SURVEY, A-310, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 989)(HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF ZEEBA PAKSIMA AGENT FOR TRADITIONAL CONCEPTS, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A Page 3 of 10 - 10/8/2001 SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tob/n Map/es, Executive Director of Community Services. 4. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF STAFF'S INTERPRETATION OF SECTION 22.6 BUILDING FACADES, OF THE LAND USE & URBAN DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Executive Director of Community Services. 5. CONSIDERATION AND POSSIBLE ACTION - REGARDING AN APPLICATION FROM JOHN McBRIDE, PIPE & TUBE SUPPLIES, FOR THE PLACEMENT OF PORTABLE BUILDING AT 4201 W. ORANGE. Mr. Gene Tumlinson, Director of Community Development. 6. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE PRIORITIZATION OF DRAINAGE PROJECTS FOR THE NOVEMBER 6, 2001 BOND ELECTION. Mr. Alan Mueller, Deputy City Manager. 7. CONSIDERATION AND POSSIBLE ACTION MOTION TO REMOVE FROM TABLE ORDINANCE NO. 1015. City Council. 7A. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 294.2651 ACRES OF LAND. Mr. Darrin Coker, City Attomey. 8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1027 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF APPROXIMATELY 24.968 ACRES OF LAND. Mr. Darrin Coker, City Attomey. Page 4 of 10- 10/8/2001 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ISSUANCE OF CITY OF PEARLAND, TEXAS, WATERAND SEWER REVENUE BONDS, SERIES 2001 AND CERTIFICATES OF OBLIGATION, SERIES 2001 . Mr. Bill Eisen, City Manager. 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA DRAINAGE DISTRICT NO. 4 FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE SOUTHWEST ENVIRONMENTAL CENTER DETENTION FACILITY. Mr. Darrin Coker, City Attomey. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-143 - A RESOLUTION OF TH E CITY COUNCIL OF TH E CITY OF PEARLAND, TEXAS, APPROVING THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION'S REQUEST TO ISSUE BONDS FOR THE OILER DRIVE AND BAILEY ROAD EXTENSIONS, BUDGETING UP TO $2.4 MILLION IN CASH FROM CURRENT AND ANTICIPATED REVENUES OVER THE NEXT THREE YEARS, AND INCURRING $10 MILLION IN DEBT, AND MAKING THE PROJECT CONTINGENT UPON THE BOARD'S CONTINUED ASSURANCE THAT THE CITY HAS SUFFICIENT RESOURCES TO CONTINUE THE PROJECT FROM FM 1128 TO STATE HIGHWAY 288. Mr. Mike Chance, Executive Director Pearland Economic Development Corporation. 12. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ADOPTION OF A PAY PLAN FOR THE CITY OF PEARLAND EMPLOYEES. Mr. Bill Eisen, City Manager. 13. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 450-28 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION Page 5 of 10 - 10/8/2001 143.b21 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. J.C. Doyle, Police Chief. 14. CONSIDERATION AND POSSIBLE ACTION - RATIFY CITY MANAGER'S APPOINTMENT OF A DEPARTMENT HEAD. Mr. Bill Eisen, City Manager. 15. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-126-A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2002 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Reid. 16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-128 - A RESOLUTION OF TH E CITY COUNCIL OF TH E CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH WALSH/FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE MYKAWA BRIDGE PROJECT. Mr. Alan Mueller, Deputy City Manager. 17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-134 -A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH GARCIAAND ASSOCIATES, INC. AND C. L. DAVIS AND COMPANY FOR ENGINEERING AND SURVEYING SERVICES ASSOCIATED WITH THE WEST LEA WATER AND SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. 18. CONSIDERATION AND POSSIBLE ACTION ~ RESOLUTION NO. R2001-133-A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH JKC & ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE HARKEY ROAD WATER LINE. Mr. Alan Mueller, Deputy City Manager. Page 6 of 10 - 10/8/2001 19. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-132 - A RESOLUTION OF TH E CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH JKC & ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE FITE/WAGON WHEEL/HATFIELD AREA WATER AND SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. 20. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-131 - A RESOLUTION OF TH E CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH JKC & ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE WAGON WHEEL SUBDIVISION SEWER PROJECT. Mr. Alan Mueller, Deputy City Manager. 21. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-136 - A RESOLUTION OF TH E CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH SNOWDEN ENGINEERING, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE OILER DRIVE WATER MAIN PROJECT. Mr. Alan Mueller, Deputy City Manager. 22. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-135-A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH CORRIGAN CONSULTING, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY WETLANDS PERMIT. Mr. Alan Mueller, Deputy City Manager. 23. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FM 521 WATER PLANT. Mr. Alan Mueller, Deputy City Manager. Page 7 of 10.10/8/2001 24. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONSTRUCTION INSPECTION SERVICES CONTRACT WITH BOB HOLT FOR INSPECTION SERVICES ASSOCIATED WITH THE SHADOW CREEK RANCH WATER PLANT. Mr. John Hargrove, City Engineer. 25. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH INTERSECTION MODIFICATIONS AT DIXIE FARM ROAD AND WESTFIELD LANE. Mr. Alan Mueller, Deputy City Manager. 26. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-138 - A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FAR NORTHWEST INTERIM WASTEWATER TREATMENT PLANT PHASES I AND II. Mr. Alan Mueller, Deputy City Manager. 27. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-139-A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH MONTGOMERY-WATSON, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PREPARATION OFAWATER MASTER PLAN FOR THE CITY. Mr. Alan Mueller, Deputy City Manager. 28. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-140 - A RESOLUTION OF TH E CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH MONTGOMERY-WATSON, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PREPARATION OF A WASTEWATER MASTER PLAN FOR THE CITY. Mr. Alan Mueller, Deputy City Manager. Page 8 of 10 - 10/8/2001 29. CONSIDERATION AND POSSIBLE ACTION ~ RESOLUTION NO. R2001-127- A RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND REPAIR OF DESIGNATED STREETS OR ALLEYS WITHIN THE CITY OF PEARLAND. Mr. Jerry Bums, Public Works Director. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATFORNEY: REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH LAND USE REGULATIONS. Mr. Darrin Coker, City Attomey. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION - ASSOCIATED WITH LAND USE LITIGATION. Mr. Darrin Coker, City Attomey. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION - ASSOCIATED WITH THE ACQUISITION OF PROPERTY ALONG PEARLAND PARKWAY. Mr. Darrin Coker, City Attomey. 4. SECTION 551.074 PERSONNEL MATTERS: DISCUSSION REGARDING THE HIRING OF A DEPARTMENT HEAD FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): 30. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH LAND USE REGULATIONS. Mr. Darrin Coker, City Attorney. 31. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING PENDING LITIGATION - Page 9 of 10 - 10/8/2001 ASSOCIATED WITH LAND USE LITIGATION. Mr, Darrin Coker, City Attorney. 32. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING PENDING LITIGATION - ASSOCIATED WITH THE ACQUISITION OF PROPERTY ALONG PEARLAND PARKWAY. Mr. Darrin Coker, City Attorney. 33, CONSIDERATION AND POSSIBLE ACTION - REGARDING THE HIRING OF A DEPARTMENT HEAD FOR THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. 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 10 of 10 - 10/8/2001