1999-02-08 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 8, 1999, AT 7:30 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:
1. Minutes of the January 25, 1999, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 893 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
SECTION 21-22 OF CHAPTER 21, OIL AND GAS, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROVIDING THAT DRILLING PERMITS SHALL NOT
CONTRAVENE PLANNED UNIT DEVELOPMENT; MAKING
CERTAIN FINDINGS RELATED THERETO; HAVING A SAVINGS
CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATRION, PUBLICATION AND
EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-273 - 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 I & II BEING 3 ACRES, MORE OR LESS, OUT OF LOT 58,
FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY,
SECTION 13, A-240 PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS VOLUME 2, PAGE 77; TRACT III, THE NORTH 2 ACRES
OUT OF LOT 57, FIGLAND ORCHARD SUBDIVISION H.T. & B.R.R.
CO. SURVEY, A-240, PLAT RECORDS. OF BRAZORIA COUNTY,
TEXAS, VOLUME 2, PAGE 77 (APPLICATION NO. 434) FROM
THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT
(SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST
OF ARTHUR PARTAIN, 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.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
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SEVERABILITY CLAUSE AND A REPEALER CLAUSE.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-274 - 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.
524,531,533,536,537,538,539,540,542,&544) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1)ATTHE 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. 509-275 - 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 PROPERTYTHE NORTH 1/2
OF TRACT 26, SECTION 8, H.T. & B.R.R. CO. SURVEY A-504,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION
ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 547) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF JAMES F.
FULLER, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-276 -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 4.00
ACRES OUT OF LOT 39, ALLISON RICHEY GULF COAST HOME
CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, A-
504, VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 548)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF T.J.
"TOM" HODGES, 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. 509-277 - 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 LOT 10, BLOCK
9, 'HICKORY CREEK PLACE ADDITION, AS RECORDED IN
VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 549) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF T.J.
"TOM" HODGES, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-278 - 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 1.1404
ACRE TRACT OUT OF A 2.27 ACRE TRACT OUT OF LOT 9, THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, H.T.
& B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (6319 COTTONWOOD) (APPLICATION NO. 648)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF DAVID
WAYNE WILSON, 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. 509-279 -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 FOR A CABINET/FURNITURE SHOP IN A GENERAL
BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO-
WIT: BEING 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT
OUT OF LOT 9, THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (6319
COTTONWOOD), (SPECIFIC USE PERMIT NO. 66) AT THE
REQUEST OF DAVID WAYNE WILSON, 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.
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X. MATTERS REMOVED FROM CONSENT AGENDA
XI. NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - REGARDING
COUNCIL RECEIVING A PETITION REQUESTING THE
ANNEXATION OF 53.57 ACRES WEST OF FM 1128 AS
REQUESTED BY JAY RICE.
m
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 894 -AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL
LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND
ANNEXING INTO THE CITY OF PEARLAND ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES (PINE HOLLOW
SECTION 2 AND 3 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.
m
CONSIDERATION AND POSSIBLE ACTION - COUNCIL
ACCEPTANCE OF ASHTON PARK SECTION ONE SUBDIVISION.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH
SOUTHWESTERN BELL TELEPHONE (A SOLE SOURCE
PROVIDER) FOR REPLACING THE TELEPHONE/PBX SYSTEM AT
CITY HALL, COMMUNITY CENTER AND THE SERVICE CENTER.
CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH
H.T.E. INC., (A SOLE SOURCE PROVIDER) FOR H.T.E.
SOF'I'WARE FOR BUILDING PERMITS, CODE ENFORCEMENT &
OCCUPATIONAL LICENSING MODULES.
Page 6 of 10 - 2/8/1999
10.
1'1.
CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENT
OF CHRIS BROOKS, ROBERT KETTLE, CHARLES MICHNA,
MEHRAN (RON) BAVARIAN TO SERVE ON THE ELECTRICAL
BOARD.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99- 7 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ENDORSING GUIDING PRINCIPLES FOR
CLEANER AIR FOR THE HOUSTON-GALVESTON REGION.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99- 8 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS IN SUPPORT OF VOLUNTARY CLASS
ACTIONS ON BEHALF OF TEXAS MUNICIPALITIES.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99- 9 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CHANGING THE MEETING TIME AND DATE
FOR THE SECOND REGULAR MEETING OF MARCH 1999.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R99-10 - A RESOLUTION AND ORDER OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING
OF 'A GENERAL ELECTION ON THE FIRST DAY OF MAY, 1999,
FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE
MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF
PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING
CLERKS; AND ESTABLISHING PROCEDURES FOR SAID
REGULAR CITY OFFICERS' ELECTION.
CONSIDERATION' AND POSSIBLE ACTION - RESOLUTION NO.
R99-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT
THE CENTRAL COUNTING STATION, BRAZORIA COUNTY
COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL
ELECTION TO BE HELD ON THE FIRST DAY OF MAY, 1999.
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13.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-280-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 9.924
ACRES, KNOWN AS LOT 28, ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION, SECTION 9, H.T. & B.R.R. CO.
SURVEY, A-234, RECORDED IN VOLUME 2, PAGES 23 & 24,
PLAT RECORDS OF BRAZORIA CO., TEXAS (APPLICATION NO.
643)(14435 MAX ROAD) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT(M-I) AT THE REQUEST OF
CHEROTECH, 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. 509-281- 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 2,
PEREBOOM SUBDIVISION, RECORDED IN A MAP OR PLAT,
VOLUME 18, PAGE 139, PLAT RECORDS. OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 545) (13800 O'DAY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF HOLLINGSHEAD LIVING TRUST, 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 8 of 10 - 2/8/1999
14.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. -509-282- 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. 498,535,541,556,562, &'
599) 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.
15.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-283-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 63.679
ACRES OUT OF THE SE 1/4, SECTION 21, H.T. &B.R.R. CO.
SURVEY, A-309 & PART OF A CERTAIN TRACT IN DEED DATED
11-22-1972, GEORGE P. KELLY TO ROSE M.A..BAGNOLI,
VOLUME 1144, PAGES 902, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 518) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF
ESTATE OF ROSE MARIE BAGNOLI, 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 9 of 10 - 2/8/1999
OTHER BUSINESS: "
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION OF CARLTON
SUITER LITIGATION.
NEW BUSINESS (CONTINUED):
16. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
THE CITY ATTORNEY REGARDING THE CARLTON SUITER
LITIGATION.
×11. ADJOURNMENT
For special assistance, please call YOUNG LORFING at 281-485-241 llExt. 341 prior
to the meeting so that appropriate arrangements can be made.
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