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1998-12-14 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON DECEMBER 14, 1998, AT 7:15 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. IV. V. VI. VII. VIII. IX. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: 2. 3. 4. Minutes of the November 9, 1998, Joint Public Hearing held at 6:30 p.m. Minutes of the November 16, 1998, Joint Public Hearing held at 6:30 p.m. Minutes of the November 23, 1998, Joint Public Hearing held at 6:30 p.m. Minutes of the November 23, 1998, Regular Council Meeting held at 7:30 p.m. MAYOR'S ACTIVITY REPORT 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 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 CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. Page 1 of 13 - 12/14 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 886 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER EXECUTE AN EXCHANGE OF LAND CHAPTER 272.001 OF THE LOCAL CONTAINING A SAVINGS CLAUSE, A AND A REPEALER CLAUSE. OR HIS DESIGNEE TO IN ACCORDANCE WITH GOVERNMENT CODE; SEVERABILITY CLAUSE CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 887 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A GENERAL LAND USE PLAN FOR PROPERTY TO THE WEST OF STATE HIGHWAY 288, TO THE EAST OF FARM TO MARKET ROAD 521, TO THE NORTH OF COUNTY ROAD 92, AND TO THE SOUTH OF CLEAR CREEK, FOR A DEVELOPMENT KNOWN AS SHADOW CREEK RANCH; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-253 -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 LOTS 11 & 12, BLK. 7, HICKORY CREEK PLACE SUBDIVISION, OUT OF THE HT & B RR CO. SURVEY, A-219, ACCORDING TO THE PLAT RECORDS, VOL. 11, PG. 1, BRAZORIA CO., TX (APPLICATION NO. 362) (CORNER OF O'DAY RD. & OLIN DR.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF LEON H. AND PAULA K. PAYNE, OWNERS, 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. 509-254 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN Page 2 of 13 - 12/14 DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING LOT 45 OF THE HT & B RR CO. SURVEY, SECT. 20, A-506, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO, 451) (8603 W. BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JAMES O. WINSTON IV, 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- 255 -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 4.16 ACRE TRACT OUT OF THE HT & B RR CO. SURVEY, A-304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 419) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT, PALM PROPERTIES, 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. 509-258 -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 APPROXIMATELY 80.0 ACRES, AKS LOT 13 A-13, F. B. DRAKE SURVEY, A-509, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 491) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF E. Page 3 of 13 - 12/14 MAURIS HARDCASTLE, AGENT, THOMAS E. PHALEN, 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. 509-259 -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 A27.3301 ACRE TRACT OF LAND BEING LOT 48, LOT 58 AND PART OF LOT 49, OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, OF THE HT & B RR CO. SURVEY, ABSTRACT 304, BRAZORIA CO., TX (APPLICATION NO. 430) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT, SUNLAKE LIMITED, 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. 509-260 -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 4.71 ACRE TRACT OUT OF THE HT & B RR CO. SURVEY, SECT. 85, A- 304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 420) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT, FOR PALM PROPERTIES, 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 4 of 13 - 12/14 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509- 261 -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 NO'S. 305, 333, 422, 461,463, 473, 474, 475, 479, 480, 488, 508, & 511) 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 - SECOND AND FINAL READING OF ORDINANCE NO. 880 -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 (BRAZORIA COUNTY WEST OF STATE HIGHWAY 288); 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. 882 -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 (FORT BEND AND HARRIS COUNTIES EAST OF FM 521); 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. Page 5 of 13 - 12/14 X. MATTERS REMOVED FROM CONSENT AGENDA XI. NEW BUSINESS: MOTION TO REMOVE FROM THE TABLE, FIRST AND ONLY READING OF ORDINANCE NO. 885. 1A. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 885 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A 20' X 72' CARPORT INTO AN ALLEYWAY AND SEWER EASEMENT LOCATED AT 2403 MAIN STREET, LOTS 45, 46, 47, 48, BLOCK 21, OLD TOWN SITE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR SAID WAIVER INURES TO THE BENEFIT OF THE CITIZENRY AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 889 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE OFFERING OF HEALTH BENEFITS COVERAGE TO CITY RETIREES; CONTAINING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN OPEN MEETINGS CLAUSE. 3. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF APPOINTMENT OF CHERYL GARCIA TO SERVE AS COURT CLERK. CONSIDERATION AND POSSIBLE ACTION -AWARD OF RFP NO. 98-050 FOR HAND HELD METER READING SYSTEM. m CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. 99-003 FOR THE PEARLAND LIBRARY BUILDING. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B98-007 FOR RETRACTABLE DOORS FOR THE COMMUNITY CENTER. Page 6 of 13 - 12/14 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-75 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT PROPOSAL TO THE HOUSTON- GALVESTON AREA COUNCIL FOR A SOLID WASTE MANAGEMENT GRANT AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH APPLICATION. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-73 - 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 U. S. ARMY CORPS OF ENGINEERS TO COMPLETE THE PROJECT WITHOUT FURTHER DELAY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALINGALL PREVIOUSAPPOINTMENTS OF CITY EMPLOYEES TO THE POSITIONS OF ASSISTANT CITY SECRETARY AND DEPUTY COURT CLERK AND RATIFYING THE APPOINTMENT OF CERTAIN CITY EMPLOYEES TO THE AFOREMENTIONED POSITIONS. '10. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 888 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO EXTEND CITY RIGHTS-OF- WAY, INCLUDING BUT NOT LIMITED TO THE EXTENSION OF PEARLAND PARKWAY, AND PROVIDE NECESSARY UTILITY OR DRAINAGE EASEMENTS IN, ON, OVER, UNDER, ACROSS, AND THROUGH CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BYTHE EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCYAS THE EXTENSION OF ADEQUATE CITY ROADS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Page 7 of 13 - 12/14 11. CONSIDERATION AND POSSIBLE ACTION REGARDING COUNCIL RECEIVING A PETITION REQUESTING THE ANNEXATION OF A SECTION OF PINE HOLLOWAS REQUESTED BY R. WEST. 12. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 890 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE MEETING TIME AND DATE FOR THE SECOND REGULAR MEETING OF DECEMBER 1998. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH ENGINEERING, INC. FOR PRELIMINARY ENGINEERING, WETLAND DELINEATIONS, AND PLATTING TASKS WITHIN THE DAVID L. SMITH DETENTION FACILITY. 15. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 891 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE CITY OF PEARLAND AS REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SEVERABILITY CLAUSE. 16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO INTERLOCAL AGREEMENTS WITH BRAZORIA COUNTY, FORT BEND COUNTY, BRAZORIA DRAINAGE DISTRICT NO. 4, FORT BEND INDEPENDENT SCHOOL Page 8 of 13 - 12/14 DISTRICT, ALVIN INDEPENDENT SCHOOL DISTRICT, AND ALVIN COMMUNITY COLLEGE, TO COOPERATE IN ESTABLISHING CONDITIONS FOR PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. 17. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-268 -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 3559 ACRES OF LAND, MORE OR LESS, LOCATED IN THE DUPUY AND ROBERTS SURVEY, A~726, BRAZORIA CO.; J. CRAWLEY SURVEY, A-174, BRAZORIA, CO.; WILLIAM MORRIS SURVEY, A-344, BRAZORIA CO.; T. C. R. R. CO. SURVEY, SECT. 3, A-678, BRAZORIA CO.; T. C. R. R. CO. SURVEY, SECT. 4 (JOHN W. MAXCY), A-675, BRAZORIA CO.; OBEDIAH PITTS SURVEY, A-717, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 80 (J. S. TALMAGE), A-564, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 81, A-300, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 82 (J. S. TALMAGE), A-565, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 83, A-305 IN BRAZORIA CO. AND A-761 IN FORT BEND CO.; H. T. & B. R. R. CO. SURVEY, SECT. 84 (R. B. LYLE), A-538 IN BRAZORIA CO. AND A-767 IN FORT BEND CO.; S. G. HAYNIE SURVEY, A-212 IN BRAZORIA CO. AND A-620 IN FORT BEND CO.; FRANKLIN HOOPER SURVEY, A-198, FORT BEND CO.; GEORGE W. MCDONALD SURVEY, A-577, FORT BEND CO.; I. C. STAFFORD SURVEY, A-668, FORT BEND CO. AND THE H. LEVERING SURVEY, A-279, FORT BEND CO, TX (APPLICATION NO. 62'1) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1 THROUGH R- 4), MULTI-FAMILY DISTRICT (MF), OFFICE PROFESSIONAL, NEIGHBORHOOD SERVICES DISTRICT, COMMERCIAL, AND LIGHT INDUSTRIAL (MF, OP, NS, GB, C, M-l) AND GENERAL BUSINESS, PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON & ASSOCIATES, AGENT FOR SHADOW CREEK RANCH DEVELOPMENT CO., L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE Page 9 of 13 - 12/14 EXPEDIENT ACTION IS NECESSARY TO ENSURE THE PROPERTY'S HIGHEST AND BEST USE FOR ITS INTENDED PURPOSE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. 18. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-262 -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 11 & 12, BLK. 9, HICKORY CREEK PLACE SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TX (14221 SUBURBAN GARDEN ROAD)(APPLICATION NO. 546) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF PETER C. AND DONNA LUNN, 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. 19. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-263 - 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 24.81 ACRES, MORE OR LESS, OUT OF 37.948 ACRES, H.T. & B. R.R. CO. SURVEY, TRACT 16B & 19B, A-240, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 492) FROM CLASSIFICATION OF SINGLE FAMILY DWELLING DISTRICT (R-4) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF CHARLIE EASON, AGENT, JOHN R. MASSEY, 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 10 of 13 - 12/14 20. 21. 22. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-264 - 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 APPROXIMATELY 60 ACRES OUT OF SECT. 12, H.T. & B. R.R. CO. SURVEY, A-508, ACCORDING TO THE DEED RECORDS OF BRAZORIA CO., T× (APPLICATION NO. 503) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF DWAIN EVANS, AGENT, CHAILLE KELLY, 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. 509-265 - 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 12.498 ACRES OUT OF THE SE 1/4, SECT. 21, H.T. & B. R.R. CO. SURVEY, A-309, AND PART OF A TRACT DESCRIBED IN DEED DATED 11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOL. 1144, PG. 902, DEED RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 519) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JACK NAHAS, AGENT, 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. 509-266 - 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 Page 11 of 13 - 12/14 CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S, 464, 502, 512, 521,522, & 523) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) 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. 23. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-267 - 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 NO'S. 499, 525, 527, 528, 529, & 530) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) 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. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE elm · SECTION 551.074 PERSONNEL MATTERS - DISCUSSION REGARDING THE APPOINTMENT OF A CITY MANAGER FOR THE CITY OF PEARLAND. SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY REGARDING CURRENT LITIGATION ASSOCIATED WITH THE CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE AND NECESSITY. Page 12 of 13 - 12/14 NEW BUSINESS (CONTINUED): 24. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE APPOINTMENT OF A CITY MANAGER FOR THE CITY OF PEARLAND. 25. CONSIDERATION AND POSSIBLE ACTION - REGARDING CURRENT LITIGATION ASSOCIATED WITH THE CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE AND NECESSITY. XII. ADJOURNMENT For special assistance, please call YOUNG LORFING at281-485-241 l/Ext. 341 priorto the meeting so that appropriate arrangements can be made. I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 11t' day of December 1998, at 6:45 P.M. Page 13 of 13 - 12/14