1998-04-13 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON APRIL 13, 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 March 23, 1998, Joint Public Hearing held at 6:30
p.m.
Minutes of the March 23, 1998, Regular Council Meeting held at
7:30 p.m.
MAYOR'S ACTIVITY REPORT
1. Proclamation "Child Abuse Prevention Week"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
CONSIDERATION AND POSSIBLE ACTION SECOND AND
FINAL READING OF ORDINANCE NO. 509-191 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 TRACT 16 IN THE SANDOVAL SUBDIVISION
LOCATED IN THE WEST ¼ OF THE NORTHWEST ¼ OF THE
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NORTHEAST ¼ OF SECTION 15, H.T. & B.R.R. CO. SURVEY, A-
241, BRAZORIA COUNTY, TX (2743 MORENCl). (APPLICATION
NO. 231) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD)TO SINGLE FAMILY DWELLING DISTRICT (R-l)
AT THE REQUEST OF MR. AND MRS. VICTOR LOYA, 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 SECOND AND
FINAL READING OF ORDINANCE NO. 509-193 -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 BUILD TOWNHOMES
IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING
PROPERTY LOTS 1 THROUGH 6, BLOCK 8 OF THE PEARLAND
TOWNSITE AS RECORDED IN VOL. 29 PG 41-42 OF THE
BRAZORIA COUNTY MAP RECORDS (S.E. CORNER OF PLUM &
PARK) (SPECIFIC USE PERMIT NO. 61) AT THE REQUEST OF
AUSMUS HOMES, AGENT FOR BLACK BASE, INC., 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.
NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R98-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY
PERMITTING THE COUNTY TO FURNISH A HERBICIDE SPRAY
TRUCK WITH OPERATOR TO THE CITY OF PEARLAND FOR
TWO WEEK PERIODS IN APRIL, MAY, AND JULY OF 1998 TO
SPRAY STREET RIGHTS-OF-WAY IN THE CITY.
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m
CONSIDERATION AND POSSIBLE ACTION -AWARD OF' BID NO.
B98-05 FOR CONSTRUCTION OF MCHARD ROAD: MYKAWA
ROAD TO MAIN STREET (SH35).
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R98-34 - A RESOLUTION OF THE'CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, SUPPORTING THE CITY OF HOUSTON
IN ITS REQUEST UPON THE FEDERAL SURFACE
TRANSPORTATION BOARD AS WELL AS OTHER PARTIES TO
EXPEDITIOUSLY RESPOND TO AND RESOLVE THE HOUSTON
AREA RAILROAD PROBLEMS.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 181-4 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 12, GARBAGE AND TRASH, OF THE CITY OF
PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 181), AS
IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
DECLARE THE DUMPING OF GARBAGE OR TRASH A COMMON
AND PUBLIC NUISANCE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 842 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, TO ENHANCE THE
PUBLIC SAFETY OF THE CITY OF PEARLAND BY MAINTAINING
A PUBLIC RECORD OF ALL INDIVIDUAL GARAGE SALES, AND
TO CONTROL THE PROLIFERATION OF GARAGE SALES AND
SIGNAGE ASSOCIATED WITH SAID SALES TO REDUCE THE
RISK OF TRAFFIC CONGESTION ON CITY STREETS;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
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CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF
CITY MANAGE'S RE-APPOINTMENT OF ONE (1) MEMBER TO
THE CIVIL SERVICE COMMISSION.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 224-11- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF
ORDINANCES (ORDINANCE NO. 224), AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO PROVIDE AN EXCEPTION
TO THE REQUIRED FIREWALL RATING IN CERTAIN BUILDINGS
AND PROHIBITING THE MOVEMENT OF BUILDINGS AND
OTHER STRUCTURES INTO THE CITY AND PROVIDING
EXCEPTIONS; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE
AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION, AND AN EFFECTIVE DATE.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R98-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR MAY, 1998, DUE TO THE MEMORIAL
DAY HOLIDAY.
CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE
OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR
MEETING MARCH 23, 1998.
10.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-195 - 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
41,3692 ACRE TRACT OUT OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 16, H.T.& B.R.R. SURVEY, A-546,
BRAZORIA COUNTY, TEXAS (HARKEY RD. AND C.R. 101)
(APPLICATION NO. 265) FROM CLASSIFICATION SUBURBAN
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11.
12.
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF R. WEST DEVELOPMENT
CO., INC., AGENT FOR RAVENWOOD SECTION ONE, J.V.,
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. 509-196 - 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
PARCEL CONTAINING 16.6408 ACRES OUT OF A 20 ACRE
TRACT AS RECORDED IN VOLUME 1068, PAGE 144,
BRAZORIA COUNTY DEED RECORDS AND BEING OUT OF THE
SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 18, H.T. &
B.R.R. SURVEY A-546, BRAZORIA COUNTY, TEXAS (ADJACENT
TO RAVENWOOD ESTATES) (APPLICATION NO. 266) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST
OF R. WEST DEVELOPMENT CO., 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. 509-197 - 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 29.5472
ACRES OUT OF LOT 14, LOTS 2 &3, NARREGANG'S
SUBDIVISION AND LOT 25 OUT OF THE O.W. WILLITS
SUBDIVISION RECORDED IN DEED RECORDS, VOLUME 1, 3, &
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13.
14.
70, PAGES 92, 65 & 616, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 270) FROM CLASSIFICATION OFFICE
PROFESSIONAL (OP) TO SINGLE FAMILY DWELLING DISTRICT
(R-2) AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR
WILLOW PARTNERS LTD., 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. 509-198 - 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
25.3514 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY,
A-241, BRAZORIA COUNTY, TEXAS AND ALSO CALLED 34.98
ACRE TRACT IN AN INSTRUMENT RECORDED IN VOLUME 72,
PAGE 94, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(SOUTH OF FITE ROAD, WEST OF HARKEY ROAD)
(APPLICATION NO. 263) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT THE REQUEST OF R. WEST DEVELOPMENT
CO., INC., AGENT FOR PEARLAND WEST OAKS 3 & 4 LTD.,
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 READ'lNG OF
ORDINANCE NO. 509-199 - 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
28.3781 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY,
A-241, BRAZORIA COUNTY, TEXAS AND A 160 ACRE TRACT
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DESCRIBED IN AN INSTRUMENT RECORDED IN VOLUME 708,
PAGE 109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(FITE ROAD) (APPLICATION NO. 260) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-4) AT THE REQUEST OF R. WEST
DEVELOPMENT CO., INC., AGENT FOR WEST OAKS VILLAGE
SECTION TWO LTD. 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.
15.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509- 200 - 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
35.4855 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY,
A-241, BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF
A 160 ACRE TRACT CONVEYED TO JOHN MASSEY ON
INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (OFF FITE ROAD)
(APPLICATION NO. 261) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-4) AT THE REQUEST OF R. WEST DEVELOPMENT
CO., INC., AGENT FOR GALLENTINE ASSOCIATES, 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.
16.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-201 - 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
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20.5591 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY,
A-241,~ BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF
A 160 ACRE TRACT CONVEYED TO JOHN MASSEY PER AN
INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (OFF FITE ROAD)
(APPLICATION NO. 262) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-4) AT THE REQUEST OF R. WEST DEVELOPMENT
CO., INC., AGENT FOR GALLENTINE ASSOCIATES, 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.
17.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-202 -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 BUILD A NEIGHBORHOOD RECREATION CENTER,
SWIMMING POOL IN A SUBURBAN DEVELOPMENT (SD)
DISTRICT ON THE FOLLOWING PROPERTY BEING A 1.7915
ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241,
BRAZORIA COUNTY, TEXAS AND OUT OF A CALLED 160 ACRE
TRACT IN AN INSTRUMENT RECORDED IN VOLUME 708, PAGE
109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (WEST
OF WEST OAKS VILLAGE SECTION 1-B).(SPECIFIC USE PERMIT
NO. 60) AT THE REQUEST OF R. WEST, DEVELOPMENT CO.,
INC, AGENT FOR WEST OAKS VILLAGE SECTION 2, LTD.,
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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18.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
RECOMMENDATION FROM THE PLANNING AND ZONING
COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO.
269) AT THE REQUEST OF VINCENTE ALONSO, OWNER, FOR
AN AMENDMENT TO THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED
PROPERTY TRACTS 1-6 AND TRACT 9, BLOCK 2 IN THE WEST
LEA SUBDIVISION.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - DISCUSSION
REGARDING ECOLOQUIP, INC.
NEW BUSINESS (CONTINUED):
19.
CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO
CITY ATTORNEY REGARDING POTENTIAL LITIGATION WITH
ECOLOQUIP, INC.
XI. ADJOURNMENT
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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