1998-09-28 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 28, 1998, AT 7:30 P,M,, IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
IV.
VI.
VII.
VIII.
IX.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Minutes of the July 27,1998 Joint Public Hearing held at 6:30 p.m.
Minutes of the September 14, 1998 Joint Public Hearing held at 6:30
p.m.
Minutes of the September 14, 1998 Special Meeting held at 7:00
p.m.
Minutes of the September 14, 1998 Regular Council Meeting held
at 7:30 p.m.
MAYOR'S ACTIVITY REPORT
2.
3.
4.
Proclamation Knights of Columbus.
Proclamation American Business Women Association.
Proclamation F.F.A.
Proclamation United Way.
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARINGS: NONE
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
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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
CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA
ENACTS THE ITEMS OF LEGISLATION.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-239 -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 GRANTING A SPECIFIC USE
PERMIT TO ALLOW FOR THE MACHINING, FABRICATION, AND
MANUFACTURING OF PLASTIC, RUBBER, AND METAL
PRODUCTS, WITHOUT THE EMISSION OF DETECTIBLE DUST,
ODOR, SMOKE, GAS OR FUMES BEYOND THE PROPERTY
LINES OF THE LOT OR TRACT UPON WHICH THE USE IS
LOCATED AND CHANGING THE LAND USE FROM SUBURBAN
DISTRICT (SD) DISTRICT TO COMMERCIAL DISTRICT (C) ON
THE FOLLOWING PROPERTY BEING 4.9902 ACRES, THE N 1/2
OF LOT 47, H.T. & B.R.R. CO. SURVEY, SECTION 85, A-304
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE
107, BRAZORIA COUNTY, TEXAS (1939 C.R. 93) (SPECIFIC USE
PERMIT NO. 65) AT THE REQUEST OF THOMAS AMUNDSEN,
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. 509-234 - 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 3.9507
ACRES OUT OF A 4.846 ACRE TRACT UNDER BCCF 93-035649
OUT OF THE H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS
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OF BRAZORIA CO., TX (APPLICATION NO. 349) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS (GB) AT THE REQUEST OF MELVIN
DILLING, 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.
Cm
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 509-235 -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 LOT 37,
WESTCHESTER SUBDIVISION, ACCORDING TO THE H.T. &
B.R.R. CO. SURVEY, A-242 RECORDED IN THE PLAT RECORDS
OF BRAZORIA CO., TX (APPLICATION NO. 322)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS (GB) AT THE REQUEST OF JESSIE P.
SCOTT, 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. 509-237 -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 38.699
ACRES, OUT OF THE S 1/2 OF THE SE 1/4, H.T. & B.R.R. CO.
SURVEY, A-546, RECORDED IN VOL. 84, PG. 313, DEED
RECORDS OF BRAZORIA CO., TX (SPECIFIC USE APPLICATION
NO. 64) CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1S) AT THE
REQUEST OF R. WEST DEVELOPMENT, AGENT, FOR
RAVENWOOD SECTION 2, PROVIDING FOR AN AMENDMENT
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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. 509-238 - 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 CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (APPLICATION NOS. 336,324,331,314, & 330)
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.
X. MATTERS REMOVED FROM CONSENT AGENDA
Xl. NEW BUSINESS:
MOTION TO REMOVE FROM THE TABLE, FIRST READING OF
ORDINANCE NO. 509-236.
1A.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-236 - 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
BEING A 4 ACRE PARCEL OUT OF LOT 8, THE SE 1/4 OF THE
NE 1/4, H.T. & B.R.R. CO. SURVEY A-509, PLAT RECORDS OF
BRAZORIA CO., TX AND BEING A 2 ACRE PARCEL OUT OF
LOT 8, KNOWN AS TRACT 1, THE SE 1/4 OF THE NE 1/4,
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H.T.&B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA
CO., TX (APPLICATION NO. 282) FROM THE CLASSIFICATION
OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF H. WAYNE WHITT,
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 AN
APPLICATION FROM ALAN J. ASCHENBECK, CONTRACTOR
FOR AGGREKO TO INSTALL A PORTABLE OFFICE AND
BATHROOM IN BACK OF THE PROPERTY AT 3721 MAGNOLIA.
m
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R98-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, WAIVING THE RIGHT TO APPLY FOR
THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
FUNDS FOR THE CURRENT YEAR, REQUESTING THAT
BRAZORIA COUNTY RECEIVE THE WAIVED FUNDS, AND
AUTHORIZING THE CHIEF OF POLICE OR HIS DESIGNEE TO
PARTICIPATE IN THE JUVENILE CRIME ENFORCEMENT
COALITION CREATED BY BRAZORIA COUNTY.
CONSIDERATION AND POSSIBLE ACTION - ESTABLISHING A
DATE FOR A PUBLIC HEARING FOR PRESENTATION OF FACTS
PERTINENT TO THE RECALL PETITION FOR COUNCIL
POSITION NO. 4.
CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO.
B98-055 WATER AND SEWER MATERIALS.
MOTION TO REMOVE FROM THE TABLE, AWARD OF BID NO.
B98-39 FOR MEDICAL AND LIFE INSURANCE FOR THE CITY OF
PEARLAND EMPLOYEES.
6A.
CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID
NO. B98-39 FOR MEDICAL AND LIFE INSURANCE FOR THE
CITY OF PEARLAND EMPLOYEES.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-240 - 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 A
TRACT OF LAND CONTAINING 68.958 ACRES, MORE OR LESS,
LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY, SECTION
2, ABSTRACT 507, BRAZORIA COUNTY, TEXAS, BEING OUT OF
AND A PART OF A CALLED 104.401 ACRE TRACT TO CHARLES
F. ALEXANDER, OF RECORD IN VOLUME 86268, PAGE 586 OF
THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND
ALSO BEING A PART OF LOTS 3 THRU 8, AND 13 OF THE L.W.
MURDOCK SUBDIVISION, OF RECORD IN VOLUME 29, PAGE
174 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 364) (CORNER OF JOHN LIZER AND
PEARLAND PARKWAY) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-l, R-2) AND COMMERCIAL DISTRICT
(C) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE
REQUEST OF KEN CAFFEY, AGENT, AMVEST PROPERTIES,
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 - FIRST READING OF
ORDINANCE NO. 509-241 - 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 CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (APPLICATION NOS. 335,325,327,337,
355,356,334,338, &350) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH
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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.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - LITIGATION MATTERS - CONSULTATION
WITH CITY ATTORNEY REGARDING PENDING LITIGATION -
DISCUSSION OF THE TNRCC HEARING ON THE CITY'S CCN
APPLICATION.
SECTION 551.071 - LITIGATION MATTERS - CONSULTATION
WITH CITY ATTORNEY REGARDING PENDING LITIGATION -
DISCUSSION REGARDING THE GROHMAN LITIGATION.
SECTION 551.074 - PERSONNEL MATTERS DISCUSSION.
REGARDING APPOINTMENT OF AN INTERIM CITY MANAGER.
NEW BUSINESS (CONTINUED):
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING THE TNRCC HEARING ON
THE CITY'S CCN APPLICATION.
10.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING THE GROHMAN LITIGATION.
11.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF
INTERIM CITY MANAGER.
OTHER BUSINESS:
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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