1997-08-11 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON AUGUST 11, 1997, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
2.
3.
4.
Minutes of the July 21, 1997, Public Hearing held at 6:30 p.m.
Minutes of the July 21 1997, Special Meeting held at 7:00 p.m.
Minutes of the July 28, 1997, Joint Public Hearing held at 6:30 p.m.
Minutes of the July 28, 1997, Regular Council Meeting held at 7:30
p.m.
MAYOR'S ACTIVITY REPORT
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARINGS:
ABANDONMENT
HARKEY ROAD RIGHT OF WAY
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III.
IV.
V.
VI.
CALL TO ORDER
PURPOSE OF THE HEARING
ABANDONMENT
HARKEY ROAD RIGHT OF WAY
TO CONSIDER THE HARKEY ROAD RIGHT OF WAY ABANDONMENT
ON THE FOLLOWING DESCRIBED PROPERTY TO-WIT:
TRACT
0.103 of one acre of land out of and a portion of C.R. 103- Harkey Road
(60'R.O.W.) Recorded under Volume 5, Page 303 of the Plat Records of
Brazoria County and also being a part of the Johnston Subdivision in the
northeast one-fourth of section thirteen (13) of the H.T.&B. Railroad
Survey, abstract 240, Pearland, Brazoria County, Texas according to the
Plat or Map thereof in Volume 5, Page 303 of the Plat Records of
Brazoria County, Texas.
TRACT 2
0.037 of one acre of land out of and a portion of C.R. 103-Harkey Road
(60' R.O.W.) recorded under volume 5, page 303 of the Plat Records of
Brazoria County and also being a part of the Johnston Subdivision in the
Northeast One-Fourth of Section Thirteen (13) of the H.T.&B. Railroad
Survey, abstract 240, Pearland, Brazoria County, Texas according to the
plat or map thereof in Volume 5, Page 303 of the Plat Records of Brazoria
County, Texas.
STAFF REVIEW OF PROPOSED RIGHT OF WAY ABANDONMENT
CITIZEN COMMENTS
COUNCIL/STAFF DISCUSSION
ADJOURNMENT OF DOCKETED PUBLIC HEARING
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IX.
UNFINISHED BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 806 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY
OF PEARLAND; UPDATING IMPAi3T FEES IN ACCORDANCE
WITH STATE LAW; MAKING CERTAIN FINDINGS; 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. 509-155 - 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 IN THE H.T.& B.R.R.
COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS
(APPLICATION NOS. 165-171 AND APPLICATION NO. 203)
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.
NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 810 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE~JJ
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
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LANE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS.
CONSIDERATION AND POSSIBLE ACTION - FIRST 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 - FIRST AND ONLY
READING OF ORDINANCE NO. 315-3 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING SECTION 29.353, TRUCK ROUTES, ARTICLE XVI,
TRUCK TRAFFIC, CHAPTER 29, TRAFFIC, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO CORRECT STREET
NAMES AND TRUCK ROUTES AS A RESULT OF RECENT
ANNEXATIONS AND INCREASED COMMERCIAL AND
INDUSTRIAL TRAFFIC CONDITIONS; PROVI'DING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING · FOR
CODIFICATION, PUBLICATION AND EFFECTIVE DATE; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO UPDATE
STREET NAMES AND TRUCK ROUTES 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 - FIRST 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
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REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
CONSIDERATION AND POSSIBLE ACTION - FIRST 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 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 - RESOLUTION NO.
R97-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS ("APPLICANT"), DESIGNATING CERTAIN
OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON BEHALF OF THE APPLICANT IN DEALING WITH THE TEXAS
PARKS & WILDLIFE DEPARTMENT ("DEPARTMENT"), FOR THE
PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION &
PARKS ACCOUNT GRANT PROGRAM ("PROGRAM");
CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE
PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT
MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING
THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND
RECREATIONAL USES.
CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID
NO.B97-09 FOR CONSTRUCTION OF HAUL ROAD AT DAVID L.
SMITH DETENTION FACILITY.
CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID
NO.B97-11 FOR PIPES AND FITTINGS.
CONSIDERATION AND POSSIBLE ACTION - RESCISSION OF
CITY'S AWARD OF BID NO. B97-7 FOR A 4 STORY FIRE
TRAINING TOWER, TO FIRE FACILITIES, INC., IN THE AMOUNT
OF $255,317.00.
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10.
11.
12.
CONSIDERATION AND POSSIBLE ACTION - REVIEW PROPOSED
1997 PROPERTY TAX RATE AND SETTING OF A PUBLIC
HEARING, TENTATIVE DATE OF AUGUST 25, 1997, IN
ACCORDANCE WITH THE TRUTH IN TAXATION STATUTORY
REQUIREMENTS.
CONSIDERATION AND POSSIBLE ACTION - FIRST 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 - FIRST 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
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
Page 6 of 10 - 8/11
13.
14.
15.
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
CONSIDERATION AND POSSIBLE ACTION - FIRST 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 - FIRST 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-160 - AN ORDINANCE OF THE
Page 7 of 10 - 8/11
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.
16.
CONSIDERATION AND POSSIBLE ACTION - FIRST 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 8 of 10 - 8/11
OTHER BUSINESS:
XI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING ACQUISITION OF REAL PROPERTY FOR THE
CONSTRUCTION AND/OR EXPANSION OF PUBLIC SAFETY AND
CITY SERVICE FACILITIES.
SECTION 551.072 - REAL PROPERTY: CONSULTATION WITH
CITY ATTORNEY REGARDING ACQUISITION OF REAL
PROPERTY FOR EXPANSION OF CITY FACILITIES, INCLUDING
BUT NOT LIMITED TO THE EXPANSION AND/OR RELOCATION
OF ADMINISTRATIVE OFFICES, PUBLIC LIBRARY, AND
MEETING FACILITIES.
SECTION 551.072 - REAL PROPERTY: CONSULTATION WITH
THE CITY ATTORNEY REGARDING ACQUISITION OF REAL
PROPERTY FOR SOUTHWEST ENVIRONMENTAL CENTER.
NEW BUSINESS (CONTINUED):
17.
18.
19.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING ACQUISITION OF REAL PROPERTY FOR
THE CONSTRUCTION AND/OR EXPANSION OF PUBLIC SAFETY
AND CITY SERVICE FACILITIES.
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING ACQUISITION OF REAL PROPERTY FOR
EXPANSION OF CITY FACILITIES, INCLUDING BUT NOT LIMITED
TO THE EXPANSION AND/OR RELOCATION OF ADMINISTRATIVE
OFFICES, PUBLIC LIBRARY, AND MEETING FACILITIES·
CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO
STAFF REGARDING ACQUISITION OF REAL PROPERTY FOR
SOUTHWEST ENVIRONMENTAL CENTER.
Page 9 of 10 ' 8/11
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.
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