1999-06-14 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JUNE 14, 1999, 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. APPROVAL OF MINUTES:
1. Minutes of the May 10, 1999, Regular Council Meeting held at 7:00
p.m.
2. Minutes of the May 10, 1999, Regular Council Meeting held at 7:30
p.m.
IV. MAYOR'S ACTIVITY REPORT
V. COUNCIL ACTIVITY REPORTS
VI. CITY MANAGER'S REPORT
VII. CITIZENS
VIII. DOCKETED PUBLIC HEARINGS: None
IX. CONSENT AGENDA: None
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS:
1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-49 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE RESOLUTION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
AUTHORIZING THE ISSUANCE OF $1,770,000 WATERWORKS
AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 1999.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-45 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGN EE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
ALVIN INDEPENDENT SCHOOL DISTRICT ("AISD") TO OUTLINE
THE OBLIGATIONS OF AISD AND THE CITY AS PARTICIPANTS
IN REINVESTMENT ZONE #2.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-46 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTOAN INTERLOCALAGREEMENTWITH
BRAZORIA DRAINAGE DISTRICT NO. 4 ("BDD4") TO OUTLINE
THE OBLIGATIONS OF BDD4 AND THE CITY AS PARTICIPANTS
IN REINVESTMENT ZONE #2.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 908 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ADOPTING A MASTER
DRAINAGE PLAN FOR TAX INCREMENT REINVESTMENT ZONE
NO. 2 ("TIRZ"#2); HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-43 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, RECOGNIZING THE IMPORTANCE OF THE
GENERAL REEVALUATION REPORT OF CLEAR CREEK AND
DECLARING THE CITY'S INTENTTO PARTICIPATEASANACTIVE
COST-SHARING PROJECT SPONSOR FOR THE STUDY.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-47 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH SOWELL
PROPERTY PARTNERS-PEARLAND, L.P., FOR OVERSIZE
CONSTRUCTION OF A WATER MAIN TO SERVE THE PROPOSED
CLEAR CREEK PARK SUBDIVISION IN THE VICINITY OF
PEARLAND PARKWAY AT CLEAR CREEK.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH AMVEST
CORPORATION FOR OVERSIZE CONSTRUCTION OF A WATER
MAIN TO SERVE THE SUNRISE LAKES SUBDIVISION IN THE
VICINITY OF COUNTY ROAD 666 AND FM 518.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 905 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE
ENCROACHMENT OF CONCRETE PAVING INTO THE NORTH 14'
1" OF THE CITY'S 20' SANITARY SEWER EASEMENT LOCATED
AT THE INTERSECTION OF PINE HOLLOW DRIVE AND FM 518,
IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-50 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, SUPPORTING THE CITY'S PARTICIPATION
IN THE REGIONAL WATER FACILITY PLANNING STUDY AND
AUTHORIZING THE EXPENDITURE OF $7,555.00 TOWARDS THE
CITY'S PARTICIPATION COST.
10.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-C -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22,
SIGNS, OF THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND CODE OF
ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, BY RENUMBERING SECTION
22.18, APPLICATION TO EXTRA TERRITORIAL JURISDICTION
(ETJ) TO SECTION 22.19, AND ADDING A NEW SECTION 22.18
TO BE ENTITLED USE OF BANNERS, TO REGULATE THE USE
OF BANNERS IN THE CITY AND ACHIEVE A PROPER BALANCE
BE'rWEEN AESTHETIC CONSIDERATIONS AND THE NEED OF
BUSINESSES FOR ADVERTISEMENT; AND PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
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ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE
DATE.
'11.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 906 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR
CONSTRUCTION OF A TRAFFIC SIGNAL AND RELATED
APPURTENANCES ASSOCIATED WITH THE McHARD ROAD
OVERPASS; AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE EASEMENTS ON
PROPERTY LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN; DECLARING AN EMERGENCY, BECAUSE
CONSTRUCTION OF A TRAFFIC SIGNAL FOR THE McHARD
ROAD OVERPASS BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE.
12.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.
B99-054 FOR DITCH CLEANING SERVICES.
13.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.
B99-034 FOR WATER METERS AND MISCELLANEOUS
MATERIALS.
14.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 907 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ADOPTING A STORM
DRAINAGE DESIGN CRITERIA MANUAL TO GUIDE AND DIRECT
THE DESIGN OF DRAINAGE DEVELOPMENT AND
IMPROVEMENTS IN THE CITY OF PEARLAND; HAVING A
SAVINGS CLAUSE, A SEVERABI LITY CLAUSE, AND A REPEALER
CLAUSE.
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15.
CONSIDERATION AND POSSIBLE ACTION - COUNCIL
ACCEPTANCE OF WEST OAKS, SECTION THREE AND FOUR
SUBDIVISION.
16.
CONSIDERATION
ACCEPTANCE OF
SUBDIVISION.
AND POSSIBLE ACTION - COUNCIL
OAKBROOK ESTATES, SECTION FOUR
17.
CONSIDERATION AND POSSIBLE ACTION - COUNCIL
ACCEPTANCE OF WILLOW LAKE ESTATES, SECTION ONE
SUBDIVISION.
18.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 870-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 870, AS IT MAY HAVE BEEN FROM TIME TO
TIME AMENDED, ESTABLISHING CHARGES FOR SEWER
SERVICES FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF
ORDINANCES; REPEALING PREVIOUS SEWER SERVICE RATE
SCHEDULES; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION
AND FOR CODIFICATION; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ESTABLISH SEWER RATES INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
19.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 862-3 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 862, THE 1999 ANNUAL BUDGET ORDINANCE,
BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN
GENERAL FUND LINE ITEMS, WATER AND SEWER FUND LINE
ITEMS, DEBT SERVICE FUND LINE ITEMS, UTILITY IMPACT FEE
LINE ITEMS, AND CAPITAL PROJECTS FUND LINE ITEMS, FOR
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ir
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; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY
BUDGET BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
20.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-44 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO A LICENSE AGREEMENT WITH
DONYA L.L.C. TO GRANT A LICENSE ON REAL PROPERTY
OWNED BY PEARLAND FOR USE AS A PARKING AREA.
21.
CONSIDERATION AND POSSIBLE ACTION - NAMING THE NEW
CITY OF PEARLAND LIBRARY BUILDING AFTER MAYOR TOM
REID.
22.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
PEARLAND INDEPENDENT SCHOOL DISTRICT TAX ASSESSOR
(JO KNIGHT)TO CALCULATE AND PUBLISH THE EFFECTIVE TAX
RATE AND ROLLBACK TAX RATE FOR 1999.
23.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-312 - 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 TRACT 1: THE EAST ¼ OF LOT 64 & TRACT 2: THE EAST
% OF LOT 63, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234,
RECORDED IN VOLUME 13, PAGE 615 DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 642) (14610
ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN
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DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF FRANCES POWELL ADAMS, 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:
XI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 CONSULTING WITH CITY ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION OF ENTEX
LITIGATION.
SECTION 551.072 - CONSULTATION WITH THE CITY ATTORNEY
REGARDING THE ACQUISITION OF REAL PROPERTY FOR
CONSTRUCTION OF A REGIONAL FLOOD DETENTION SITE.
SECTION 551-074 PERSONNEL MATTERS - DISCUSSION
CONCERNING APPOINTMENT OF THE BOARD OF DIRECTORS
OF TAX INCREMENT REINVESTMENT ZONE NO. 2.
NEW BUSINESS (CONTINUED):
24.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCT TO THE
CITY ATTORNEY REGARDING ENTEX LITIGATION.
25.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO CITY
ATTORNEY REGARDING THE ACQUISITION OF REAL
PROPERTY FOR CONSTRUCTION OF A STORM WATER
DETENTION FACILITY.
26.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
CITY STAFF REGARDING APPOINTMENT OF MEMBERS OF THE
BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT
ZONE NO. 2.
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Xll. 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.
I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that
the foregoing agenda was posted in a place convenient to the general public at City
Hall on the 11th day of June 1999, at 4:00 P.M.
(SEAL)
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