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1997-05-19 CITY COUNCIL MEETING AGENDAAGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MAY 19, 1997, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: 1. Minutes of the 2. Minutes of the Joint Public Hearing held at 6:30 p.m. Regular Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT VII. CITIZENS UNFINISHED BUSINESS: MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO. 509- 131. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-131, 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 A MANUFACTURED BUILDING IN A LIGHT INDUSTRIAL DISTRICT ON .7194 ACRE TRACT OF LAND OUT OF TRACT 43 OF THE ZYCHLINSKI SUBDIVISION OF THE H.T. & B. R.R. CO. SURVEY, SECTION 2, ABSTRACT 542, BRAZORIA COUNTY, TEXAS (3909 HALIK- SPECIFIC USE PERMIT NO. 49). Page I of 8 - 5/19 MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO. 509- 132. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-132, 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 A MOBILE OFFICE BUILDING IN A HEAVY INDUSTRIAL DISTRICT ON 2.00 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 593, PAGE 407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (17605 SH 35 - SPECIFIC USE PERMIT NO. 53). CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 789, AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 22, ENTITLED PEDDLERS ,OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 790, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER 22, ENTITLED PEDDLERS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING DEFINITIONS, PROHIBITIONS AND EXCEPTIONS; ESTABLISHING RULES AND PROCEDURES FOR PERMITTING AND REGISTRATION PROCESS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Page 2 of 8 - 5/19 IX. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 791,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN FORTY FOOT (40') WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY LOCATED IN THE PINE HOLLOW SUBDIVISION, SECTION 1-C, EAST OF DIXIE FARM ROAD AND SOUTH OF FM 518 (BROADWAY), WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING ORDINANCE NO. 737-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 737, THE BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN GENERAL FUND LINE ITEMS FOR MUNICIPAL PURPOSES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET BEARS DIRECTLY UPON THE HEALTH, SAFETY AND PUBLIC WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RAVENWOOD SECTION ONE JOINT VENTURE FOR OVERSIZE CONSTRUCTION OF A WATER MAIN TO SERVE THE RAVENWOOD SUBDIVISION IN THE VICINITY OF THE INTERSECTION OF HARKEY ROAD AND COUNTY ROAD 101. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B97-6 FOR A 48" VIBRATORY SMOOTH DRUM ROLLER. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY Page 3 of 8 - 5/19 OF PEARLAND, TEXAS, UPDATING THE CITY'S EMERGENCY OPERATIONS PLAN; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97-31- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND U.S. HOME CORPORATION TO ESTABLISH CERTAIN COMMITMENTS IMPOSED AND MADE IN CONNECTION WITH THE DEVELOPMENT OF THE COUNTRYPLACE NORTH PROPERTY AND THE EXTENSION OF McHARD ROAD. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-135, AN ORDINANCE 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 RESIDENTIAL DWELLING IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO-WIT: .3615 AC. OUT OF LOT A, WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SEC. 19, H.T.B.R.R. CO. SURVEY, A-~243, RECORDED IN V. 16, P. 220 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (7933 BROADWAY- SPECIFIC USE PERMIT NO. 50) AT THE REQUEST OF LOUIS A. CORTE, 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. 509-136, AN ORDINANCE 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 1.79 ACRES OUT OF LOT 60, ALLISON RICHEY GULF COAST CO. SUBDIVISION OF THE HTBRR CO. Page 4 of 6 - 5/19 SURVEY 20 (F.B. DRAKE), A-506, BRAZORIA COUNTY, TEXAS (8535 BROADWAY) (APPLICATION NO. 128) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF CHARLES R. SAVELL, 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. 509-137, AN ORDINANCE 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 LOT B OF THE WESTGATE PARK SUBDIVISION, RECORDED IN VOLUME 16, PAGES 320 AND 321 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (2642 WESTGATE DRIVE) (APPLICATION NO. 125) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF LOUIS A. CORTE, 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. e CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-138, AN ORDINANCE 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 .3615 AC. OUT OF LOT A, WESTGATE PARK, A SUBDIVISION OF-9.575 ACRES OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SEC. 19, H.T.B.R.R. CO. SURVEY, A-243, RECORDED IN V. 16, P. 220 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (7933 BROADWAY) (APPLICATION NO. 124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF LOUIS A. CORTE, OWNER, PROVIDING FOR AN Page 5 of 8 - 5/19 10. 11. 12. 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. 509-139, AN ORDINANCE 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 LOT D, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (2622 WESTGATE DRIVE) (APPLICATION NO. 126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL (M-l) AT THE REQUEST OF RONNIE P. MOELLER, 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. 509-140, AN ORDINANCE 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 LOT H, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (2550 WESTGATE DRIVE) (APPLICATION NO. 127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL (M-l) AT THE REQUEST OF JOHN A. & RONNIE P. MOELLER, 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. 509-141, AN ORDINANCE 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 Page 6 of 8 - 5/19 Xe CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED A 188' x 523.9' TRACT OUT OF THE WEST ¼ OF LOT 48, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, HTBRR CO. SURVEY, A-243, RECORDED IN VOLUME 2, PAGE 230 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (8013 BROADWAY) (APPLICATION NO. 196) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF EMIL HRBACEK, 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. 13. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-142, AN ORDINANCE 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 TRACT 14, WESTCHESTER ESTATES, BRAZORIA COUNTY, TEXAS (2742 WESTCHESTER CIRCLE) (APPLICATION NO. 164) FROM' CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF GREGORY A. & CYNTHIA COLLINS, 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. OTHER BUSINESS: EXECUTIVE SESSION SECTION 551.074 PERSONNEL MATTERS: CONDUCT INTERVIEW OF APPLICANTS FOR APPOINTMENT TO THE PEARLAND PLANNING AND ZONING COMMISSION. Page 7 of 8 - 5/19 XI. NEW BUSINESS CONTINUED: CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF MEMBER(S) TO THE PEARLAND PLANNING AND ZONING COMMISSION. XII. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call YOUNG LORFING at 281-485-2411/Ext. 341 prior to the meeting so that appropriate arrangements can be made. Page 8 of 8 - 5/19