1998-08-10 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON AUGUST 10, 1998, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
IV.
V.
VI.
VII.
VIII,
IX.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
2.
3. Minutes of the
p.m.
4. Minutes of the
p.m.
5. Minutes of the
a.m.
6. Minutes of the
7. Minutes of the
p.m.
Minutes of the June 29, 1998 Joint Public Hearing held at 6:30 p.m.
Minutes of the July 13, 1998 Joint Public Hearing held at 6:30 p.m.
July 20, 1998 Special Council Meeting held at 6:00
July 22, 1998 Special Council Meeting held at 6:00
July 25, 1998 Special Council Meeting held at 8:00
July 27, 1998 Public Hearing held at 7:00 p.m.
July 27, 1998 Regular Council Meeting held at 7:30
UNDER THE "CONSENT
ROUTINE, AND REQUIRE
BY THE CITY COUNCIL. THESE
MAYOR'S ACTIVITY REPORT
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARINGS: NONE
CONSENT AGENDA
ALL ITEMS LISTED
CONSIDERED TO BE
DELIBERATION
AGENDA" ARE
LITTLE OR NO
ITEMS WILL BE
ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER
Page 1 of 9 - 8/10
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
CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA
ENACTS THE ITEMS OF LEGISLATION.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-205 - 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 BEING PART
OF LOT 2, BLOCK 10, ALLISON RICHEY GULF COAST HOME
CO., SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 307) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
JAMES W. GUSTAFSON, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-221- 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 BEING 1.451
ACRE PARCEL OUT OF THE S. 1/2 OF LOT 8, ALLISON-RICHEY
GULF COAST HOME CO. 'SURVEY, SUBURBAN GARDEN
SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA
COUNTY, TEXAS (1207 STERLING DRIVE) (APPLICATION NO.
301) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l)
AT THE REQUEST OF STEVEN E. AND ELAINE WELCOME,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
Page 2 of 9 - 8/10
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-222 -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 BEING BOTH
HALVES OF LOT 37, 3.3 ACRES OUT OF THE ALLISON-RICHEY
GULF COAST HOME CO. SURVEY, VOLUME 885, PAGE 288,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (2726 MORRIS
ROAD) (APPLICATION NO. 305) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF GEORGE D.
AND MARY FISHMAN, 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.
Dm
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-223 -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 BEING 1.00
ACRES OUT OF THE H.C. JOHNSON 99 ACRE TRACT, SECTION
7, H.T. & B. R.R. CO. SURVEY, A-219, ACCORDING TO THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS, VOLUME
864, PAGE 8 (6316 GARDENIA)(APPLICATION NO. 306) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST
OF RON CLEAVER, 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.
Page 3 of 9 - 8/10
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-224 -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 BEING LOT 6
AND THE E. 6.00 FT. OF LOT 5, BLOCK 3, CAS-CON ACRES
ADDITION, BRAZORIA COUNTY ACCORDING TO THE PLAT
RECORDED IN VOLUME 5, PAGE 137, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (6130 COTTONWOOD)
(APPLICATION NO. 308) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF VIRGINIA A. McKENZIE,
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.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 859 AN ORDINANCE GRANTING THE
CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE
CREATION OF". BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 17 WITHIN THE CITY'S CORPORATE
BOUNDARIES.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 860 AN ORDINANCE GRANTING THE
CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE
CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 19 WITHIN THE CITY'S CORPORATE
BOUNDARIES.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 861 - AN ORDINANCE GRANTING THE
Page 4 of 9 ~ 8/10
m
CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE
CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 18 WITHIN THE CITY'S CORPORATE
BOUNDARIES.
CONSIDERATION AND POSSIBLE ACTION - TEMPORARILY
SUSPENDING APPLICATION OF THE PEDDLERS ORDINANCE
AS APPLIED TO REGISTRANTS PURSUANT TO SECTION 111-2
OF THE CITY OF PEARLAND CODE OF ORDINANCES,
CHAPTER 22 (PEDDLERS ORDINANCE).
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
98-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE TRANSFER OF THE
CABLE TELEVISION FRANCHISE.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 858 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, GOVERNING USE AND
OCCUPANCY OF THE CITY'S RIGHTS-OF-WAY FOR THE
PROVISION OFTELECOMMUNICATIONS SERVICES, INCLUDING
THE ESTABLISHMENT OF COMPENSATION FOR THAT USE AND
OCCUPANCY; AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AGREEMENTS WITH
TELECOMMUNICATIONS SERVICE PROVIDERS AS
NECESSARY; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 862 AN APPROPRIATION ORDINANCE
ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999.
Page 5 of 9 - 8/10
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 863 - AN ORDINANCE LEVYING TAXES FOR
THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF
THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1998,
AND APPORTIONING EACH LEVY FOR THE SPECIFIC
PURPOSE.
CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF COBBLESTONE SUBDIVISION.
COUNCIL
10.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 864 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
PROVIDING FOR THE APPROVAL OF THE AGREEMENT
BETWEEN THE STATE OF TEXAS AND THE CITY OF
PEARLAND, FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION AND MAINTENANCE OF
HIGHWAY TRAFFIC SIGNALS/LIGHTING IN THE CITY OF
PEARLAND; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO ERECT
TRAFFIC SIGNALS WITHIN THE CITY INURES TO THE BENEFIT
OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
11.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING ORDINANCE NO. 865 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING
FOR THE APPROVAL OF THE AGREEMENT BETWEEN THE
STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE
INSTALLATION, CONSTRUCTION, EXISTENCE, USE,
OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC
SIGNALS/LIGHTING IN THE CITY OF PEARLAND; PROVIDING
FOR THE EXECUTION OF SAID AGREEMENT; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; AND DECLARING AN EMERGENCY BECAUSE THE
Page 6 of 9 - 8/10
12.
13.
14.
15A.
NEED TO ERECT TRAFFIC SIGNALS WITHIN THE CITY INURES
TO THE BENEFIT OF THE TRAVELLING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE CITY
MANAGER TO DEVELOPMENT A PRO-RATA AGREEMENT FOR
WATER AND WASTEWATER ON PEARLAND PARKWAY AND
THE OLD TOWNSITE.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT
WITH INET, INC., (A SOLE SOURCE PROVIDER) FOR THE
PURCHASE OF CDPD MODEMS AND ACCESSORIES FOR THE
POLICE DEPARTMENT MOBILE DATA COMPUTER SYSTEM IN
THE AMOUNT OF $27,272.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-220 - 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 BEING A 5.1
ACRE TRACT OUT OF 37.948 ACRE TRACT KNOWN AS A-240
H.T. & B.R.R. COMPANY SURVEY ACCORDING TO THE DEED
RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
298) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF JOHN MASSEY, 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.
MOTION TO REMOVE FROM THE TABLE, FIRST READING OF
ORDINANCE NO. 509-225
Page 7 of 9 - 8/10
15.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-225 -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 BEING A
11.309 ACRE TRACT IN LOT 12 OF THE H. MASTERSON
SUBDIVISION, SECTION 6, H.T. & B. R.R. CO. SURVEY, A-237
AND ALL OF LOT 2, BLOCK 1 OF THE MALONE SUBDIVISION,
VOLUME 18, PAGE 103, BRAZORIA CO. DEED RECORDS,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 311) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-3) TO
SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST
OF · FRAN COPPINGER, 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.
16.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-226 - 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 BEING 51.412
ACRES AND ALL OF LOTS 22 & 44 AND A PORTION OF LOTS
42, 45, 46, 47 & 48 OUT OF THE GEORGE W. JENKINS
SUBDIVISION RECORDED IN VOLUME 2, PAGE 20, A-111,
ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 295) FROM SINGLE FAMILY
DWELLING DISTRICT (R-3) TO SINGLE FAMILY DWELLING
DISTRICT (R-4),AT THE REQUEST OF R. WEST
DEVELOPMENT, AGENT FOR HOUSTON PINE HOLLOW
ASSOCIATES, LTD., 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.
Page 8 of 9 - 8/10
17.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-227 -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 BEING 45.6928
BEING ALL OF LOTS 39 & 40, AND A PORTION OF LOTS 41, 42,
45, 46, 47 & 48 OUT OF THE GEORGE W. JENKINS
SUBDIVISION RECORDED IN VOLUME 2, PAGE 20, A-111,
BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 294)
FROM SINGLE FAMILY DWELLING DISTRICT (R-3) TO SINGLE
FAMILY DWELLING DISTRICT (R-4),AT THE REQUEST OF R.
WEST DEVELOPMENT, AGENT FOR HOUSTON PINE HOLLOW
ASSOCIATES, LTD., 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.
OTHER BUSINESS:
XII. ADJOURNMENT
For special assistance, please call YOUNG LORFING at 281~485-241 l/Ext. 341 prior to
the meeting so that appropriate arrangements can be made.
Page 9 of 9 - 8/10