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1997-04-28 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON APRIL 28, 1997, 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. Joint Public Hearing of March 31, 1997 - 6:00 p.m. 2. Regular Council Meeting of March 31, 1997 - 7:30 p.m. MAYOR'S ACTIVITY REPORT COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION - SECOND READING OF ORDINANCE NO. 786 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CITY OF PEARLAND ORDINANCE NO. 559, WHICH ESTABLISHED PRO'CEDURES FOR ABANDONING AND OTHERWISE ALTERING PUBLIC RIGHTS-OF-WAY, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, HAVING A SEVERABILITY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION EXCUSE THE ABSENCE OF COUNCILMEMBER RICHARDSON FROM THE JOINT PUBLIC HEARING AND THE REGULAR CITY COUNCIL Page 1 of 7 - 4/28 MEETING OF APRIL 14, 1997. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-125, 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 ON LOT 18, SECTION 3, GARDEN ACRES, APPROXIMATELY .6 ACRES OUT OF TRACT 36, H.T. & B. R.R. SURVEY, SECTION 7, A-219, RECORDED IN VOLUME 10, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 112) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JOSEPHINE LEGGIO, 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. 509-126, 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 ON LOT 2, BLOCK 1, GABRIEL ENTERPRISES SUBDIVISION, APPROXIMATELY .5165 ACRES, RECORDED IN VOLUME 19, PAGES 291-292 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF LEO J. GABRIEL III, 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. 509-127, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE Page 2 of 7 - 4/28 CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON 2.00 ACRES OUT OF LOT 23, ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN GARDENS SUBDIVISION, SECTION 8, H.T. & B. R.R., A-504, RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO. '116) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GEORGE H. McCAA, 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 - FIRST READING OF ORDINANCE NO. 509-128, 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 ON LOT 23, ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN GARDENS SUBDIVISION OF SECTION 8, H.T. & B. R.R. SURVEY, A-504, RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (5523 BROADWAY). (APPLICATION NO. 115) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JO MAPLES, AGENT FOR BILL E. HOLLEY, 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-'129, 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 ON 2.00 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, Page 3 of 7 - 4/28 A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 593, PAGE 407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, 17605 SH 35. (APPLICATION NO, 207) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF PRO-LINE WATER SCREEN SERVICES, INC., AGENT FOR GATECH ENTERPRISES, 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. 509-130, 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 ON 2.7106 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 29, PAGE 9 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, 17635 SH 35. (APPLICATION NO. 208) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF GATECH ENTERPRISES, 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. 509-13'1,' 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 4 of 7 - 4/28 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). 10. CONSIDERATION AND POSSIBLE ACTION RECOMMENDATION OF THE PLANNING COMMISSION TO DENY APPLICATION NO. 113. ACCEPT THE & ZONING 11. CONSIDERATION AND POSSIBLE ACTION - RECOMMENDATION OF THE PLANNING COMMISSION TO DENY APPLICATION NO. 198. ACCEPT THE & ZONING 12. CONSIDERATION AND POSSIBLE ACTION ADOPTION OF GOALS AND OBJECTIVES ESTABLISHED AT STRATEGIC PLANNING WORKSHOP ON JANUARY 10 & 11, 1997. 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH THE AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT PROGRAM. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN MAY, BECAUSE OF THE MEMORIAL DAY HOLIDAY. 15. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 787, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, Page 5 of 7 - 4~28 XI. ESTABLISHING A NO-PASSING ZONE PURSUANT TO SECTION 545.055 OF THE TRANSPORTATION CODE, UPON GREEN TEE DRIVE BETWEEN COUNTRY CLUB DRIVE AND GOLFCREST DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING 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 A NO- PASSING ZONE INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. 16. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 788, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING, AND VACATING STREETS, ALLEYS, AND OTHER PUBLIC RIGHTS- OF-WAY AND PORTIONS THEREOF WITHIN THE CITY OF PEARLAND; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. OTHER BUSINESS: EXECUTIVE SESSION SECTION 551.074 PERSONNEL MATTERS: DISCUSSION CONCERNING THE APPOINTMENT OF CITY SECRETARY AND ASSISTANT CITY SECRETARY. SECTION 551.074 PERSONNEL MATTERS: REVIEW OF APPLICANTIONS FOR THE PEARLAND ECONOMIC DEVELOPMENT BOARD AND THE PLANNING & ZONING COMMISSION. NEW BUSINESS CONTINUED: 17. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF Page 6 of 7 - 4/28 APPOINTMENT OF CITY SECRETARY AND REAFFIRMING THE APPOINTMENT OF WENDY STANDORF AS ASSISTANT CITY SECRETARY. 18. CONSIDERATION AND POSSIBLE ACTION - DIRECT STAFF TO SCHEDULE INTERVIEWS FOR POTENTIAL PEARLAND ECONOMIC DEVELOPMENT BOARD AND PLANNING AND ZONING COMMISSION MEMBERS. XII. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, such as the need for interpreters for the deaf or braille materials, please call WENDY STANDORF at 281- 485-2411/Ext. 341 prior to the meeting so that appropriate arrangements can be made. Page 7 of 7 - 4/28