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1999-07-26 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JULY 26, 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: Minutes of the June 28, 1999, Joint Public Hearing held at 6:30 p.m. Minutes of the July 12, 1999, Joint Public Hearing held at 6:30 p.m. Minutes of the July 12,1999, Regular Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT Recognition of the All-American City Delegation Proclamation "National Night Out" V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT 1. Update and Discussion regarding Shadow Creek Ranch VII. CITIZENS VIII· DOCKETED PUBLIC HEARINGS: None IX. 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 AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM Page 1 of 6 - 7/26/1999 Ba CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 110-H -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9, ELECTRICITY, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN FROM TIME TO TIME AMENDED, FOR THE PURPOSES OF UPDATING CODE REFERENCES, INCREASING REQUIRED INSURANCE COVERAGE, CREATING A REINSPECTION FEE, AND ALLOWING THE LIMITED USE OF METAL-CLAD CABLE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 224-13 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO DELETE SECTION 7-13.1 IN ITS ENTIRETY, IN ORDER TO HARMONIZE THE CITY'S BUILDING CODE WITH NATIONAL STANDARDS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 914 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 26-5, OBSTRUCTION OF PUBLIC WAYS GENERALLY, OF CHAPTER 26, STREETS AND SIDEWALKS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, IN ORDER TO CLARIFY THE PROHIBITION OF OBSTRUCTION OF PUBLIC PROPERTY; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Page 2 of 6 - 7/26/1999 MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 916 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF PEARLAND, TEXAS WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1999, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000 FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS, ADDITIONS AND EXTENSIONS TO THE CITY'S WATER AND SANITARY SEWER SYSTEM AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO FUND NECESSARY WATER AND SEWER PROJECTS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-54 - 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 WALSH ENGINEERING, INC. FOR AN ENGINEERING STUDY TO UPDATE THE CITY OF PEARLAND'S WATER AND SEWER IMPACT FEES. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-55 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOMMENDING THAT HARRIS COUNTY AWARD THE MORENCI STREET WATER AND SEWER CONSTRUCTION CONTRACT TO McLAT CONSTRUCTION INCORPORATED. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION BY COUNCIL OF EMERGENCY EXPENDITURES AT THE ALICE ROAD WATER WELL. Page 3 of 6 - 7/26/1999 CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-077 FOR 36-INCH INTAKE AND MANHOLE AT INDEPENDENCE PARK DETENTION POND. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 774) AT THE REQUEST OF ANTHONY WELDED PRODUCTS, INC., OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING LOT 9, H.T.& B.R.R. COMPANY SURVEY, A-504, SECTION 8, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY TEXAS. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING ORDINANCE NO. 915 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING FAIRWAY COURT AS WOODS COURT; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ASSIGN STREETS DISSIMILAR NAMES TO PREVENT CONFUSION AMONG EMERGENCY SERVICE PROVIDERS INURES TO THE BENEFIT OF THE GENERAL PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF 1999 CERTIFIED APPRAISAL ROLL FOR THE CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUE. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 775) AT THE REQUEST OF F.F. & E. FAMILY LIMITED PARTNERSHIP, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY Page 4 of 6 - 7/26/1999 10. 11. 12. FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING AN 11.515 ACRE TRACT OUT OF LOTS 32 & 33, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, A-504, RECORDED IN VOLUME 2, PAGES 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1854 GARDEN ROAD). CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT TO THE PARKS RECREATION AND BEAUTIFICATION BOARD FOR AN UNEXPIRED TERM ENDING SEPTEMBER 2000. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 770) AT THE REQUEST OF MILTON R. ALFORD, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING THE SOUTH ~ OF LOT 7, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION. SECTION 19, H.T.& B.R.R COMPANY SURVEY, A-243, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1027 CULLEN). CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-313 - 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 THE NORTH ¼ OF LOT 44, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, A- 504,RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 653)(2350 GARDEN ROAD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF MOSE DEVELOPMENT, LLC, OWNERS, Page 5 of 6 - 7/26/1999 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: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY REGARDING CURRENT LITIGATION ASSOCIATED WITH THE CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE AND NECESSITY. NEW BUSINESS (CONTINUED): 13. CONSIDERATION AND POSSIBLE ACTION - REGARDING CURRENT LITIGATION ASSOCIATED WITH THE CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE AND NECESSITY. XII. ADJOURNMENT For special assistance, please call YOUNG LORFING at 281- 652-1655 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 Page 6 of 6 - 7/26/1999