1997-09-22 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO BE HELD ON SEPTEMBER 22, 1997, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
II.
Ill.
1.
2.
3.
4.
IV.
VI.
VII.
VIII.
IX.
APPROVAL OF MINUTES:
Minutes of the September 8, 1997, Joint Public Hearing held at
6:30 p.m.
Minutes of the September 8, 1997, Public Hearing held at 6:30 p.m.
Minutes of the September 8, 1997, Public Hearing held at 7:00 p.m.
Minutes of the September 8,1997, Regular Council Meeting held at
7:30 p.m.
MAYOR'S ACTIVITY REPORT
1. Proclamation - "Meals on Wheels"
2. Presentation - Girl Scouts
3. Presentation - P.T.A. "Governor's Proclamation"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARINGS
None.
UNFINISHED BUSINESS:
1. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 820 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING CHARGES FOR WATER AND SEWER SERVICES
FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30,
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ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES;
REPEALING PREVIOUS WATER AND 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-163 - 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 LOCATED ON LOT 23 IN THE
ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN GARDENS
SUBDIVISION OF SECTION 8 OF THE H.T.& B.R.R. SURVEY
A-504, RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS. (5523 BROADWAY)
(APPLICATION NO. 216) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF JO MAPLES, AGENT FOR
BILLY E. HOLLY, 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. 509-164 - 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 ALL OF LOTS 28 AND 30 AND
PART OF LOT 29 IN THE WESTCHESTER ESTATES SUBDIVISION
OUT OF H.T.&B.R.R. COMPANY SURVEY, A-242, BRAZORIA
COUNTY, TEXAS. (APPLICATION NO. 217) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD)
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TO GENERAL BUSINESS (GB) AT THE REQUEST OF GLENN
McDOWELL, BROOKS & SPARKS, INC. AGENT FOR EDWIN H.
HARRIS, SR., EDWIN H. HARRIS JR., AND MATILYN LOUISE
BULLARD 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. 509-165 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT AN ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE
PERMIT FOR A MANUFACTURED HOME TO BE USED AS AN
OFFICE IN A LIGHT INDUSTRIAL ZONE (M-l) ON THE
FOLLOWING PROPERTY, TO-WIT: 1.384 ACRES OUT OF LOT 35,
H.T.&B.R,R. COMPANY SURVEY NUMBER 4, A-545, BRAZORIA
COUNTY, TEXAS. (4901 SHANK ROAD) (SPECIFIC USE PERMIT
NO, 56) AT THE REQUEST OF CAROLYN SMITH, AGENT FOR
ALL STATE VACUUM SERVICE INC., 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. NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 821 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DISCONTINUING AND DISANNEXING CERTAIN TERRITORY
FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES
ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO CLARIFY BOUNDARIES
BETWEEN ADJACENT MUNICIPALITIES INURES TO THE BENEFIT
OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
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t
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 450-21 - AN ORDINANCE OF THE 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
143.021 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.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R97-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE THE URBAN FORESTRY PUBLIC
OUTREACH GRANT AGREEMENT AND ALL OTHER DOCUMENTS
ASSOCIATED WITH THE PUBLIC OUTREACH CHALLENGE
GRANT PROGRAM NECESSARY TO FACILITATE SAID GRANT
AGREEMENT; AND COMMITTING $15,000.00 THROUGH CASH
DONATIONS AS DESCRIBED IN THE GRANT APPLICATION.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 822 - AN ORDINANCE OF THE
CITY COUNCIL'OF THE CITY OF PEARLAND, TEXAS,
APPROVING THE RESOLUTION OF THE PEARLAND ECONOMIC
DEVELOPMENT CORPORATION DETERMINING PUBLIC
CONVENIENCE AND NECESSITY FOR A PUBLIC PROJECT TO
CONSTRUCT, OPERATE, AND MAINTAIN A MAJOR
THOROUGHFARE BETWEEN MYKAWA AND STATE HIGHWAY 35
(MAIN STREET) INCLUDING BUT NOT LIMITED TO AN
OVERPASS OVER BURLINGTON NORTHERN SANTA FE
RAILROAD ("BNSF RAILROAD") AND HICKORY SLOUGH WHICH
AUTHORIZES THE PEDC STAFF AND OTHER CITY OFFICIALS, OR
THEIR DESIGNEES, TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE FEE SIMPLE AND EASEMENT
INTERESTS IN PROPERTY LOCATED WITHIN THE CITY BY
GRANT, DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN AND MAKES VARIOUS FINDINGS
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AND PROVISIONS RELATED TO THE SUBJECT; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO PROVIDE
THOROUGHFARES INURES TO THE BENEFIT OF THE TRAVEL-
LING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
o
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
SUPPLEMENTAL AGREEMENT WITH HTE, INC. FOR PURPOSES
OF UPGRADING AND CONVERTING THE CITY HALL FINANCE,
UTILITY BILLING, FLEET MANAGEMENT, AND MUNICIPAL
COURT COMPUTER SYSTEMS, NOT TO EXCEED $86,500.00,
SUBJECT TO NECESSARY FINANCING.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE THE
CITY MANAGER OR HIS DESIGNEE TO PURCHASE A COMPUTER
SYSTEM FOR THE PARKS AND RECREATION DEPARTMENT FOR
PURPOSES OF IMPLEMENTING A REGISTRATION DATA
PROGRAM INCLUDING BUT NOT LIMITED TO HARDWARE,
SOFTWARE, AND TRAINING, IN AN AMOUNT NOT TO EXCEED
$45,000.00, SUBJECT TO NECESSARY FINANCING.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 637-1 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 637, WHICH ADOPTED THE CITY'S FRANCHISE
AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE
COMPANY, FOR PURPOSES OF EXTENDING SAID FRANCHISE
AGREEMENT FOR A PERIOD OF ONE (1) YEAR; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 823 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A
PUBLIC PROJECT TO EXTEND ROADWAYS AND UTILITY
SERVICES; AUTHORIZING THE CITY ATTORNEY, OR HER
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10.
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH
ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY,
LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY
THE EXERCISE OF THE POWER OF EMINENT DOMAIN;
DECLARING AN EMERGENCY AS THE PROVISION OF ADEQUATE
ROADWAYS AND UTILITY SERVICES BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND
PROVIDING AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-166 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY 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 LOCATED
LOT 7, BLOCK 3, SECTION 2 OF THE GARDEN ACRES
SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO
BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE
H.T.&B.R.R. COMPANY SURVEY, A-219 IN BRAZORIA COUNTY,
TEXAS (2628 LAZY BEND STREET) (APPLICATION 224) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
MARK & ROBYN SMITH, 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 - REGARDING THE
RECOMMENDATION FROM THE PLANNING AND ZONING
COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO.
138) AT THE REQUEST OF LINDA A. HALSEY, OWNER, FOR AN
AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO MULTI-FAMILY DWELLING
DISTRICT (MF) ON THE FOLLOWING DESCRIBED PROPERTY, TO-
WIT: 1.285 ACRES OUT OF LOTS 10 & 11 OF A PARTITION OF
THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 15,
H.T.&B.R.R. COMPANY SURVEY, A-241, BRAZORIA COUNTY,
TEXAS,
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11.
CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID
NO. B97-12, GROUP LIFE INSURANCE AND MEDICAL/DENTAL
HEALTH PROTECTION PLAN FOR CITY OF PEARLAND
EMPLOYEES.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072- DISCUSSION REGARDING ACQUISITION OF
REAL PROPERTY FOR THE CONSTRUCTION AND/OR EXPANSION
OF PUBLIC SAFETY AND CITY SERVICE FACILITIES.
SECTION 551.071 CONSULTATION WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION INVOLVING FRANCHISE
FEES.
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION INVOLVING ANNEXATION.
SECTION 551.072 - DISCUSSION REGARDING ACQUISITION OF
REAL PROPERTY LOCATED ALONG BELTWAY 8 AT MYKAWA.
NEW BUSINESS (CONTINUED):
12.
CONSIDERATION AND POSSIBLE ACTION ADDITIONAL
DIRECTION TO STAFF REGARDING ACQUISITION OF REAL
PROPERTY FOR THE CONSTRUCTION AND/OR EXPANSION OF
PUBLIC SAFETY AND CITY SERVICE FACILITIES.
13.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION
INVOLVING FRANCHISE FEES.
14.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION
INVOLVING ANNEXATION.
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15.
CONSIDERATION AND POSSIBLE ACTION DIRECTION TO
STAFF REGARDING ACQUISITION OF REAL PROPERTY LOCATED
ALONG BELTWAY 8 AT MYKAWA.
Xl. ADJOURNMENT
For special assistance, please call YOUNG LORFING at 281-485-2411/Ext. 341 prior
to the meeting so that appropriate arrangements can be made.
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