1997-05-12 CITY COUNCIL MEETING AGENDAAGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MAY 12,.1997, 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 April 28, 1997 Joint Public Hearing held at 6:00 p.m.
2. Minutes of the April 28, 1997 Regular Council Meeting held at 7:30
p.m.
IV. MAYOR'S ACTIVITY REPORT
1. Proclamation - National Public Works Week May 18-24, 1997
V. COUNCIL ACTIVITY REPORTS
VI. CITY MANAGER'S REPORT
VII. CITIZENS
VIII. DOCKETED PUBLIC HEARINGS: PINE HOLLOW RIGHT OF WAY
ABANDONMENT
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III.
IV.
V.
VI.
CALL TO ORDER
PURPOSE OF THE HEARING PINE HOLLOW RIGHT OF WAY
ABANDONMENT
TO CONSIDER THE PINE HOLLOW RIGHT OF WAY ABANDONMENT
ON THE FOLLOWING DESCRIBED PROPERTY TO-WIT:
Field note description of 0.7439 acres (32,403 square feet) of land, being
a portion of that certain 40-foot wide road right-of-way out of lots 31, 35,
36, 41, and 42 of the George W. Jenkins Subdivision of 306.38 acres as
recorded in Volume 2, Page 20, of the Brazoria County Deed Records,
located in the James T. Perry and Emily Austin League, Abstract No. 111,
Brazoria County, Texas, and also being a part of that certain called
187.084 acre tract conveyed to Houston Pine Hollow Associates, Limmited
by Deed recorded under Brazoria County Clerk's File No. 95-001759 of
the official 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. 509-126, AN ORDINANCE
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 2, BLOCK 1, GABRIEL
ENTERPRISES SUBDIVISION, APPROXIMATELY .5165 ACRES,
RECORDED IN VOLUME 19, PAGES 291-292 OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO.
114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF LEO J. GABRIEL III, 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. 509-127, AN ORDINANCE
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 2.00 ACRES OUT OF LOT 23,
ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN
GARDENS SUBDIVISION, SECTION 8, H.T. & B. R.R., A-504,
RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 116) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
GEORGE H. McCAA, OWNER; PROVIDING FORAN 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. 509-129, AN ORDINANCE
OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT
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ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATED ON 2.00 ACRES OUT OF LOT 178,
ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY,
A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 593, PAGE
407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS,
17605 SH 35. (APPLICATION NO. 207) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF PRO-LINE
WATER SCREEN SERVICES, INC., AGENT FOR GATECH
ENTERPRISES, 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.
CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 509-130, AN ORDINANCE
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 2.7106 ACRES OUT OF LOT
178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R.
SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 29,
PAGE 9 OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, 17635 SH 35. (APPLICATION NO. 208) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF
GATECH ENTERPRISES, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 788, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING,
CLOSING, AND VACATING STREETS, ALLEYS, AND OTHER
PUBLIC RIGHTS-OF-WAY AND PORTIONS THEREOF WITHIN
THE CITY OF PEARLAND; CONTAINING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION
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AND AN EFFECTIVE DATE; AND CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT.
NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION ISSUANCE OF
CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIALS.
CONSIDERATION AND POSSIBLE ACTION -ADMINISTRATION
OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
3. CONSIDERATION AND POSSIBLE ACTION - ELECTION OF
MAYOR PRO-TEM.
CONSIDERATION AND POSSIBLE ACTION - DIRECT STAFF TO
RESCHEDULE A PUBLIC HEARING FROM MAY 19, 1997, TO
JUNE 23, 1997, AT 6:30 P.M. FOR THE AMENDMENT OF IMPACT
FEES.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R97-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZINGTHE CITY MANAGER OR
HIS DESIGNEE TO SUBMIT THREE PROJECT APPLICATIONS
TO THE HOUSTON-GALVESTON AREA COUNCIL FOR
INCLUSION IN THE 1998-2000 TRANSPORTATION
IMPROVEMENT PLAN, FOR THE WIDENING OF DIXIE FARM
ROAD TO FOUR LANES FROM BEAMER ROAD TO SH. 35,
EXTENSION OF HUGHES ROAD TO FM 518, AND
CONSTRUCTION OF A GRADE SEPARATION AT MAGNOLIA
STREET AND THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY; AND ALLOCATING 20% MATCHING FUNDS FOR THE
CONSTRUCTION OF EACH PROJECT.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R97-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TOAPPLY TO THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR GRANT FUNDS TO CONDUCT A SAFE
AND SOBER WAVE SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM.
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8~
10.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R97-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND AUTHORIZING
EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT
FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL,
DESIGNATING THE POOL AS AN AGENCY AND
INSTRUMENTALITY, APPROVING INVESTMENT POLICIES OF
THE POOL, APPOINTING AUTHORIZED REPRESENTATIVES,
AND DESIGNATING INVESTMENT OFFICERS.
CONSIDERATION AND POSSIBLE ACTION- RESOLUTION' NO.
R97-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, REPEALING MISCELLANEOUS
RESOLUTIONS AND AMENDING RESOLUTION NO. R94-32,
REGARDING RULES OF PROCEDURE AND ORDER OF
BUSINESS FOR THE CITY COUNCIL, FOR THE PURPOSE OF
CONSOLIDATING SAID PROCEDURES AND CLARIFYING
LANGUAGE REGARDING THE RESCHEDULING OF THE CITY
COUNCIL MEETINGS; CONTAINING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R97-29- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
AUTHORIZING THE ISSUANCE OF $4,380,000 WATERWORKS
AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 1997.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING ORDINANCE NO. 737-2, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 737, THE BUDGET ORDINANCE,
BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN
GENERAL FUND, WATER & SEWER FUND, PEDC FUND, AND
CAPITAL PROJECTS FUND LINE ITEMS FOR MUNICIPAL
PURPOSES; 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 PUBLIC WELFARE OF THE CITIZENRY.
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11.
12.
13.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
RECOMMENDATION FROM THE PLANNING AND ZONING
COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO.
122) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT
FOR BOB YORK, OWNER FOR AN AMENDMENT TO THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGHT INDUSTRIAL DISTRICT(M-I) ON THE FOLLOWING
PROPERTY, TO-WIT: LOT 3 OF THE EAST ¼ OF THE NW ¼ OF
SEC. 15, HTBRR CO., A-241, BRAZORIA COUNTY, TEXAS,
RECORDED IN VOLUME 441, PAGE 265 OF THE DEED
RECORDS. (5518 BROADWAY)
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-133, AN ORDINANCE 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 THE EAST ¼ OF LOT 64, HTBRR CO.
SURVEY, SECTION 9, A-234, BRAZORIA COUNTY, TEXAS,
RECORDED IN VOLUME 113, PAGE 241 OF THE DEED
RECORDS. (APPLICATION NO.117) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF E. MAURIS HARDCASTLE,
AGENT FOR 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-134, AN ORDINANCE 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 LOTS 1 AND 2 OF SKYWAY MANOR
SUBDIVISION, AND IN ADDITION IN BRAZORIA COUNTY,
TEXAS, AS RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT
RECORDS.(APPLICATION NO.118) FROM CLASSIFICATION
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14.
15.
16.
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF E. MAURIS HARDCASTLE,
AGENT FOR ROBERT L. PETTY, 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. 789, AN ORDINANCE OF THE CITY OF
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN
ITS ENTIRETY, CHAPTER 22, ENTITLED PEDDLERS ,OF THE
CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS,
AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED;
HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 790, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW
CHAPTER 22, ENTITLED PEDDLERS, OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING
DEFINITIONS, PROHIBITIONS AND EXCEPTIONS;
ESTABLISHING RULES AND PROCEDURES FOR PERMITTING
AND REGISTRATION PROCESS; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND
CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 791, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING,
AND ABANDONING A CERTAIN FORTY FOOT (40') WIDE
UNCONSTRUCTED ROAD RIGHT-OF-WAY LOCATED IN THE
PINE HOLLOW SUBDIVISION, SECTION 1-C, SOUTH OF THE
DIXIE FARM ROAD AND WEST OF FM 518 (BROADWAY),
WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS, IN ACCORDANCE WITH
ORDINANCE NO. 788; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
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17.
CONSIDERATION AND POSSIBLE ACTION - DIRECTING STAFF
TO ESTABLISH THE SIZE OF A NEW LIBRARY BUILDING.
18.
CONSIDERATION AND POSSIBLE ACTION - EXCUSE THE
ABSENCE OF COUNCILMEMBER COLE FROM THE JOINT
PUBLIC HEARING AND THE REGULAR CITY COUNCIL MEETING
OF APRIL 28, 1997.
XI.
OTHER BUSINESS:
EXECUTIVE SESSION
SECTION 551.074 - PERSONNEL MATTERS: CONDUCT
INTERVIEW OF APPLICANTS FOR APPOINTMENT TO THE
PEARLAND ECONOMIC DEVELOPMENT BOARD.
SECTION 551.072
REGARDING PROPOSED
FACILITY SITES·
REAL PROPERTY: DISCUSSION
PURCHASE OF LAND FOR CITY
NEW BUSINESS CONTINUED:
19.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
MEMBER(S) TO THE PEARLAND ECONOMIC DEVELOPMENT
BOARD.
20.
CONSIDERATION AND POSSIBLE ACTION - DIRECT STAFF
REGARDING PROPOSED PURCHASE OF LAND FOR CITY
FACILITY SITES.
XII.
ADJOURNMENT
This site is accessible to disabled individuals. 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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