Loading...
1997-08-25 CITY COUNCIL MEETING AGENDAAGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON AUGUST 25, 1997, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: Minutes of the August 4, 1997, Special Meeting held at 7:00 p.m. Minutes of the August 11,1997 Joint Public Hearing held at 6:30 p.m. Minutes of the August 11, 1997, Public Hearing held at 7:00 p.m. Minutes of the August 11,1997, Regular Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT 1. Proclamation - "SALUTE TO INDUSTRY WEEK" COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT VII. CITIZENS DOCKETED PUBLIC HEARINGS: PROPOSED PROPERTY TAX INCREASE. Page I of 11 - 8~25 CALL TO ORDER II. PURPOSE OF THE HEARING - A PROPOSAL TO INCREASE TOTAL TAX REVENUES FROM PROPERTIES ON THE TAX ROLL IN 1996 BY 4.33 PERCENT. III. STAFF REVIEW OF THE PROPOSED TAX INCREASE IV. CITIZEN COMMENTS COUNCIL/STAFF DISCUSSION VI. ADJOURNMENT OF DOCKETED PUBLIC HEARING Page 2 of 11 - 8/25 IX. UNFINISHED BUSINESS: CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 8'10 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A PRIVATE SWIMMING POOL INTO THE DEDICATED UTILITY EASEMENT ON LOT 13, BLOCK 1, OF THE RUSTIC OAKS SUBDIVISION, LOCATED AT 1618 INVERNESS LANE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 811 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND RATIFYING THE ABANDONMENT OF EXCESS RIGHT-OF-WAY ALONG A PORTION OF HARKEY ROAD AT ITS INTERSECTION WITH FM 518 (BROADWAY) FOR PURPOSES OF REALIGNING SAID INTERSECTION, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 812 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A "MUNICIPAL COURT BUILDING SECURITY FUND"; PROVIDING FOR ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT BUILDING SECURITY FEE UPON FINAL CONVICTION; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 813 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS Page 3 of 11 - 8/25 AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (McHARD ROAD AREA); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-156 -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 IN WESTCHESTER ESTATES SUBDIVISION, TRACT 16, TRACT 17 AND TRACT 27, IN THE H.T. & B.R.R. COMPANY SURVEY, A- 242, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 129, 130, AND APPLICATION NO. 131) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY,. 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. 509-157 -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 TRACT 35 IN WESTCHESTER ESTATE SUBDIVISION IN THE H.T.&B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS. (2816 MANVEL ROAD) (APPLICATION NO. 219) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF RUDOLPH J. STEPAN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING Page 4 of 11 - 8/25 m 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. 509-158 -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 18, MAHANAY SUBDIVISION, A PART OF SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS (6919 FITE ROAD)(APPLICATION NO. 186) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF DONALD R. & OPAL COTE, 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. 509-159 - 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 Q, SECTION 1, 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, BRAZORIA COUNTY, TEXAS (2447 GARDEN ROAD)(APPLICATION NO. 218) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF HORACE W. PRICE, 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 5 of 11 - 8/25 m CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-160 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, 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 5 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, BRAZORIA COUNTY, TEXAS (2608 LAZY BEND STREET)(APPLICATION NO. 220) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF LARRY J. HAGGER, 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. 10. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-161 - 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 IN SKYWAY MANOR SUBDIVISION, A PART OF SECTION 15 OF THE H.T.& B.R.R. COMPANY, SURVEY, ABSTRACT 241 BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 172,173,'175- 185 AND APPLICATION NO. 200-202) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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 6 of 11 - 8/25 NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 818 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1997A; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CERTIFICATES; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE INTENT OF THE CITY ~,~ COUNCIL TO ENTER INTO AGREEMENTS FOR THE CREATION OF MUNICIPAL UTILITY DISTRICTS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND WHEN AND IF THE COUNCIL FINDS IT BENEFICIAL TO THE CITY. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 814 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 815 -AN ORDINANCE LEVYING TAXES FOR /~A~(> 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 1997, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 816 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, Page 7 of 11 - 8/25 ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON PINE HOLLOW DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PINE RIDGE LANE, UPON PINE HOLLOW DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PINE RIDGE LANE (PINE HOLLOW SUBDIVISION, SECTION l-A); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVING 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 ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR ANNEXATION OF LAND IN THE COUNTY ROAD 89 AREA. CONSIDERATION AND POSSIBLE ACTION -EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR MEETING HELD ON AUGUST 11, 1997. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SOUTHWYCK SECTION THREE LTD., A TEXAS GENERAL PARTNERSHIP, FOR THE CONSTRUCTION OF TWO LANES OF SOUTHFORK DRIVE ALONG THE SOUTHERN BOUNDARY OF SOUTHVVYCK SECTION 3 PHASE 4. CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUITCLAIM DEED IN FAVOR OF PEARLAND WEST OAKS, LTD. REGARDING A PORTION OF THE RIGHT-OF-WAY ABANDONED ALONG HARKEY ROAD AT ITS INTERSECTION WITH FM 518 (BROADWAY). Page 8 of 11 ~ 8/25 10. 11. 12. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 817 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUIRING MITIGATION OF INCREASED RUNOFF CAUSED BY DEVELOPMENT, PROVIDING FOR REGIONAL DETENTION AS AN ALTERNATIVE, TO ALLEVIATE THE NECESSITY FOR LOCAL DETENTION, PROTECT PEARLAND CITIZENS FROM FLOOD HAZARDS CREATED BY DEVELOPMENT; PROVIDING FOR STATUTORY AUTHORIZATION AND METHODS OF REDUCING FLOOD LOSSES; CONTAINING DEFINITIONS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AYRSHIRE CORPORATION FOR THE EXTENSION OF WATER MAIN AND SEWER MAINS TO SERVE A 4.602 ACRE TRACT ON SCARSDALE BOULEVARD SOUTHWEST OF BOGEY WAY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE IMPORTANCE OF THE DEPARTMENT OF THE U.S. ARMY CORPS OF ENGINEERS CLEAR CREEK FEDERAL FLOOD CONTROL PROJECT AND ITS POTENTIAL IMPACT ON THE CITY'S DRAINAGE AND FLOOD MITIGATION EFFORTS; AND URGING THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE U.S. ARMY CORPS OF ENGINEERS TO COMPLETE THE PROJECT WITHOUT FURTHER DELAY. 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 50 - A RESOLUTION INDICATING INTEREST TO GULF COAST WATER AUTHORITY IN PURCHASING WATER. Page 9 of 11 - 8/25 14. 15. 16. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-162 -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 IN THE SANDOVAL SUBDIVISION, A PART OF SECTION 15 IN THE H.T.&B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 187-194) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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. 123) AT THE REQUEST OF FIDEL SANDOVAL, JR., OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: .213 ACRES IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H.T.& B.R.R. CO. SURVEY, BRAZORIA COUNTY, TEXAS (2714 MORENCI STREET) CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO.B97-5 FOR A JET RODDER/VACUUM TRUCK. Page 10 of 11 - 8/25 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE II · SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING PENDING LITIGATION - DISCUSSION REGARDING HL&P FRANCHISE FEE CLASS ACTION LAWSUIT. SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING POTENTIAL LITIGATION - DISCUSSION REGARDING TOM LEONARD. SECTION 551.074- PERSONNEL MATTERS: DISCUSSION REGARDING THE CITY MANAGER'S APPOINTMENT OF ASSISTANT CITY MANAGER / PUBLIC WORKS DIRECTOR OR RELATED POSITION. NEW BUSINESS (CONTINUED): 17. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING HL&P FRANCHISE FEE CLASS ACTION LITIGATION. 18. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING TOM LEONARD. 19. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ASSISTANT CITY MANAGER / PUBLIC WORKS DIRECTOR OR RELATED POSITION. 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 11 of 11 - 8/25