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1999-02-22 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 22, 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 APPP. GVAL OF MINUTES: Minutes of the February 11, 1999, Joint Public Hearing held at 6:30 p.m. Minutes of the February 8, 1999, Regular Council Meeting held at 7:30 p.m. Minutes of the February 15, 1999, Special Council Meeting held at 7:00 p.m. MAYOR'S ACTIVITY REPORT Presentation by Fred Welch, Executive Director, Brazoria County Partnership. 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 ENACTEDIAPPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE Page I of 9 - 2/22/1999 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. ~ CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (PINE HOLLOW SECTIONS 2 AND 3 AREA) AT THE REQUEST OF HOUSTON PINE HOLLOW ASSOCIATES, LTD.; 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. 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 IN DUSTRIAL DISTRICT(M-1 ) 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. Page 2 of 9 - 2/22/1999 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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 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 Page 3 of 9 - 2/22/1999 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. 5'18) 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. X. MATTERS REMOVED FROM CONSENT AGENDA Xl. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-13 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH THIRD COAST PACKAGING, INC. ("THIRD COAST") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY THIRD COAST NEAR MYKAWA ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF SEVENTY-FIVE PERCENT (75%) FOR A PERIOD OF THREE (3) YEARS BEGINNING JANUARY 1,2000, AND ENDING DECEMBER 31, 2002, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF -rwo (2) YEARS BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2004; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 805, WHICH ESTABLISHED REINVESTMENT ZONE#3, AND THE GUIDELINES AND CRITERIA Page 4 of 9 - 2/22/1999 FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R98-59. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-022 TO CLEAR AND CLEAN THE DITCH FROM HICKORY CREEK TO THIRD COAST COMPANY SWITCH. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF THE CITY MANAGER'S APPOINTMENT OF J .C. DOYLE TO SERVE AS CHIEF OF POLICE. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 895 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON RODRIGUEZ ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET (FM 518); A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS 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 AND ONLY READING OF ORDINANCE NO. 896 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BEACON BEND COURT IN A NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE, UPON COLEBROOK COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE, UPON CASTLE POND COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE, UPON LONG MEADOW COURT IN A SOUTHERLY DIRECTION AT Page 5 of 9 - 2/22/1999 ITS INTERSECTION WITH BEACON BEND LANE (VILLAGES OF EDGEWATER ESTATES, SECTION 2); A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS 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 - RESOLUTION NO. R99-14 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING GULF COAST WATER AUTHORITY ("GCWA") OR ITS DESIGNATED REPRESENTATIVE TO APPLY FOR A GRANT FROM THE TEXAS WATER DEVELOPMENT BOARD ON BEHALF OF THE CITY; GRANTING AUTHORITY FOR THE GCWA TO ENTER INTO A CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD; AND EXPRESSING THE COUNCIL'S SUPPORTAND CONSIDERATION OF COMMITTING LOCAL MATCHING FUNDS FOR THE GRANT. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-12 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER WITH BEYER CONSTRUCTION, INC. FOR PAVING AND DRAINAGE IMPROVEMENTS ALONG PEARLAND PARKWAY FROM OILER DRIVE THROUGH MARY'S CREEK. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF JUANITA ORSAK AND SCOTT HILL TO SERVE ON THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE ("TIRZ") BOARD. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-284 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 6 of 9 - 2/22/1999 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. 306,387,448,600,616, & 624) 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. 10. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-285 - 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 17, BLOCK 4, WAGON WHEEL SUBDIVISION, ACCORDING TO THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 583) (6207 JERRYCREST) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF CAROLYN PANOS, 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. 11. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-286 - 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 LOCATION Page 7 of 9 - 2/22/1999 t2. BEING 62.5607 ACRES OUT OF LOTS 161,162, &163, SECTION 28, H.T. & B.R.R. CO. SURVEY, A-551, RECORDED IN VOLUME 29, PAGE 9, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 587) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF TERRY GRAY & RAY C. MCKENZIE, JR., 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 - FIRST READING OF ORDINANCE NO. 509-287- 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. 466, 604, 452, 414, 415, 486,446,372,567, 346,618, 6t4, 410, 373, 408, 407,456,431,376, 378,683,442,401,371,592, 477,558, 454, 406,409,423, 468, 393, 47t, 651,441,383, 405, 384, 612, 490, 432, 360, 369, 394, 566, ,a.45, 421,374, 561,326, 389, 413, 427, 370, 386, 564, 426, 379, 543, 662, 467, 428, 435, 416, 450, 382, 602, 563, 437, 332, 560, 443, 444, 438,429, 613, 577, 398,397, 433, 504, 514, 412, 532,617, 425, 515, 516, 470,579,622,424, 603,385, 377, 439, 417,459,449, 345, 381,380,626, 615, 400, 557,388, 354, 581,357, 403, 457, 402, 598, 658, 476, 375, 453, 399, 506, 418, 404, 411,534, 396, 619) 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 9 - 2/22/1999 Xll. 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. Page 9 of 9 - 2/22/1999