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1998-02-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 23,1998 AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Kevin Cole Councilmember William Berger City Manager Paul Grohman City Attorney Amy McCullough City Secretary Young Lorfing CHECK ROLL CALL LIST Others in attendance: Project Coordinator Alan Mueller; City Engineer John Hargrove; Director of Finance David Castillo; Parks & Recreation Director Ed Hersh; Assistant City Attorney Darrin Coker; Utility Accounts Supervisor Missy Miller; Sr. Civil Designer C.R. Long; Assistant Director of Finance Cindy Soto; Police Support Personnel Supervisor Paul Dillon; and Advanced Intern Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Jessica Peetom and the Pledge of Allegiance was led by Andrea Perrand, Seniors from Pearland High School. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins tc approve the minutes of the February 9, 1998 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT: Page 1 of 15 - 2/23 Mayor Reid and Mayor Pro -Tem Beckman presented a proclamation for "Project Graduation" to Senior Class Representatives from Pearland High School. Mayor Reid reported that on February 11 he was a reader at C.J. Harris School, he had lunch with an Industrial Park Developer, attended HGAC Comprehensive Planning Committee Meeting and attended the PEDC Reception; February 12 he attended the Keep Pearland Beautiful Breakfast and the Chamber's "Candidate Night" at the Melvin Knapp Building; February 13 he attended the Chamber Breakfast, the Brazoria County Tax Abatement Committee Meeting and the Council Retreat; February 16 he was interviewed by the editor of the Houston Business Journal; February 17 he attended the HGAC Board of Directors Monthly Meeting; February 18 he attended the Chamber Meeting; February 18 he attended the Brazoria County Cities Association Meeting; February 19 he took the bus tour of the newly annexed areas of Pearland, visited at the assembly of 3rd grade students at Rustic Oaks, and attended the Gulf Coast Water Authority Board of Directors Meeting; February 20 he met with the Student Council at C.J. Harris School and attended the Cub Scouts Pack 463 Annual Awards Banquet; and on February 23 he attended the Alvin / Pearland / Friendswood School to Work Committee Meeting. COUNCIL'S ACTIVITY REPORTS: Councilmember Wilkins reported that he attended the City Council Workshop and it was very informative and he looks forward to the reaching the goals. Councilmember Tetens reported that on February 18 he was the chauffeur for the Mayor, Mayor Pro -Tem, and her husband taking them to the Brazoria County Cities Association Meeting. They had a good tour of Surfside looking for the meeting location and finally located the Coast Guard Building where the meeting was being held. Mayor Pro -Tem Beckman reported that on February 11 she attended the Adult Reading Center Board Meeting and the PEDC Reception; February 12 she had breakfast with the Committee that is planning our Regional Composting Project and also attended "Candidates Night"; February 13 & 14 she attended the Council Planning Retreat; February 16 she attended the Keep Pearland Beautiful Board Meeting; February 17 she attended the business after hours with the Chamber hosted by Universal Weather; February 18 she attended the Chamber Luncheon, the Infrastructure Committee Meeting, and the Brazoria County Cities Association Meeting; February 19 she was on the annexation bus tour; and on February 21 she attended the Citizens Police Academy Alumni Association Meeting. Councilmember Berger said that he attended a lot of the functions discussed. He stated that they have received notification that the Commander and Chief of the United States Veterans of Foreign Wars has chosen Pearland to visit on a tentative date of April 7. He Page 2 of 15 - 2/23 further stated that other dignitaries will be invited to this event in Pearland. He further stated that it is a real honor to have someone from Washington D.C. to chose Pearland to visit. Councilmember Cole stated the he also attended a lot of the same luncheons and receptions. He reported that on February 16 he attended a Governmental Committee Meeting for the Keep Pearland Beautiful Organization. CITY MANAGER'S REPORT: City Manager, Paul Grohman, reported on a letter that he and the Council have received regarding the inspection of the electrical connections on mobile homes when they are moved in to the City. Mr. Grohman stated that we have a responsibility to insure that the trailers that are moved in are safe as far as electrical wiring. He further stated that every eighteen months all mobile home parks are inspected by a licensed electrician. Mr. Grohman read a letter from John Hooker, Richwood, Texas, commending the quick response time and traffic control by the Police Department regarding an automobile accident on Highway 288. Mr. Grohman gave a report on statistics regarding emergency response times and crimes per residence. CITIZEN'S: Delores Fenwick, Keep Pearland Beautiful, addressed Council and gave a short presentation regarding regional composting. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 836 - 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 (COUNTY ROAD 403 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. Councilmember Wilkins made the motion, seconded by Councilmember Cole to approve Ordinance No. 836 on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Page 3 of 15 - 2/23 U Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 450-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve Ordinance No. 450-22 on its second and final reading. City Manager, Paul Grohman, stated that this is the Civil Service Ordinance. It gives us the opportunity to add six police officers as we have been awarded a federal grant from the "Cops Ahead Program" which will fund six police officers at $25,000 per year per officer for a three year term. He further stated that we are going to get police officers over the next several months, and that we would have had to hire additional police officers in the future anyway. With this grant, about seventy percent of the cost is coming from federal funds. Mr. Grohman asked for its approval. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 837 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE SECOND DAY OF MAY, 1998; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to vote on each proposed Charter Amendment individually. 1997 Charter Review Commission Members Randy Hufstetler, Eric Wold, Robert Page 4 of 15 - 2/23 115 McConnell, and Bobby Stevener addressed Council. It was the overall consensus of the speakers that instead of creating more confusion, rather than clarification, it is their recommendation to delete proposed Amendments No. 7 and No. 8. Delores Fenwick, 1910 Washington Irving, addressed Council and stated that when she previously served on the Charter Review Commission, they also struggled with what wording to use, or to use numbers to clarify the vote by qualified members of City Council. She also spoke on Section 3.9 of article 3 of the City Charter. She also recommended that Council pass on proposed Charter Amendment No. 8. Mary Starr, 3007 Broadway, said that she has concerns with proposed Charter Amendments No. 7 & 8. It would be useless to have a committee that could not take any action, and that on proposed Charter Amendment No. 8 there are entirely too many ambiguities; the number of votes is probably what should be used. Ms. Starr also stated that proposed Charter Amendments No. 7 & 8 should be dropped. She commended the Charter Review Commission for the good job they did on the first six proposed charter amendments. Mayor Reid called for the vote on proposed Amendment No. 1 pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Proposed Charter Amendment No. 1 passed with by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 2 pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Proposed Charter Amendment No. 2 passed with by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 3 pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Page 5 of 15 - 2/23 Voting "No" None. Proposed Charter Amendment No. 3 passed with by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 4 pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Proposed Charter Amendment No. 4 passed with by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 5 pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Proposed Charter Amendment No. 5 passed with by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 6 pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Proposed Charter Amendment No. 6 passed with by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 7 pursuant to the previous motion. Voting "Aye" None. Voting "No" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Proposed Charter Amendment No. 7 failed by a vote of 5 to 0. Mayor Reid called for the vote on proposed Amendment No. 8 pursuant to the previous Page 6 of 15 - 2/23 EFA motion. Voting "Aye" None. Voting "No" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Proposed Charter Amendment No. 8 failed by a vote of 5 to 0. City Attorney, Amy McCullough, informed Council that Ordinance No. 509-180 (Application No. 243) and Ordinance No. 509-181 (Application No.245) could be acted upon together. SECOND AND FINAL READING OF ORDINANCE NO. 509-180 - 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 1.50 ACRES, MORE OR LESS, OUT OF LOT 8, BEING THE S.E. ONE-QUARTER OF THE NORTH ONE-HALF, H.T.&B.R.R. CO. SURVEY, SECTION 14, A-509, BRAZORIA CO., TX (APPLICATION NO. 243)(6319 PATRIDGE STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF KEVIN J. & BETTY L. LEININGER , 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. SECOND AND FINAL READING OF ORDINANCE NO. 509-181 - 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 9, BLOCK 13, WEST LEA SUBDIVISION, SECTION 3, H.T.&B.R.R. CO. SURVEY, SECTION 16, A-546, AS RECORDED IN VOL. 12, PG. 23 OF THE DEED RECORDS OF BRAZORIA CO. TX (APPLICATION NO. 245)(3618 WINGTAIL WAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JAMES W. & MELANIE BAGLEY, 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. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Page 7 of 15 - 2/23 M�� Ordinance No. 509-180 (Application No. 243) and Ordinance No. 509-181 (Application No. 245) on their second and final reading. Mayor Reid called for the vote on ordinance 509-180 (Application No. 243) pursuant to the previous motion. _.., Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. Mayor Reid called for the vote on ordinance 509-181 (Application No. 245) pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-183 - 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 0.89532 ACRES OUT OF 4.846 ACRES, CALLED THE EAST ONE-HALF OF THE WEST ONE-HALF OF LOTS 63 & 64, SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, AS RECORDED IN VOL. 2, PG. 24, OF THE DEED RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 241) (7029 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JAMES MALLETT, AGENT, FOR MELVIN DILLING, 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. Councilmember Cole made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-183 (Application No. 241) on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Page 8 of 15 - 2123 Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-184 - 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 12.24 ACRE TRACT IN THE THOMAS J. GREEN SURVEY, A-198, BRAZORIA CO. TX, BEING PART OF A 9.883 ACRE TRACT RECORDED UNDER C.C.F. 97-025082 ALSO BEING PART OF A 9.883 ACRE TRACT RECORDED UNDER C.C.F. 96-045024 AND PART OF A 4.5925 ACRE TRACT RECORDED UNDER C.C.F. 97-00021, OF THE DEED RECORDS OF BRAZORIA CO. TX. (APPLICATION NO. 257) FROM CLASSIFICATION OF GENERAL BUSINESS DISTRICT (GB) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF ROBERT LEWIS, AGENT, FOR ML PARTNERSHIP, 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. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to approve Ordinance No. 509-184 (Application No. 257) on its second and final reading. City Manager, Paul Grohman, stated that this owner will most likely be submitting a new application for a Multi -Family Planned Unit Development in the near future. Mr. Grohman recommended the approval of this ordinance. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION MOTION TO REMOVE FROM THE TABLE, THE ACCEPTANCE OF MAGNOLIA PLACE MOBILE HOME PARK. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to remove from the table, the acceptance of Magnolia Place Mobile Home Park. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Page 9 of 15 - 2/23 2 Motion Passed 5 to 0. COUNCIL ACTION ACCEPTANCE OF MAGNOLIA PLACE MOBILE HOME PARK. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to _ accept Magnolia Place Mobile Home Park. City Engineer, John Hargrove, addressed Council and gave an overview of the construction that was done. Mr. Hargrove recommended its acceptance. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. X. NEW BUSINESS: City Attorney, Amy McCullough, informed Council that Resolution No. R98-20 and resolution No. R98-24 could be acted upon together. RESOLUTION NO. R98-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4, OF BRAZORIA COUNTY, TEXAS, AUTHORIZ- ING THE ISSUANCE OF $2,325,000 UNLIMITED TAX BONDS, SERIES 1998, AND WAIVING PREMIUM CALL PROVISIONS OF REDEMPTION REQUIREMENTS FOR THE BONDS. RESOLUTION NO. R98-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $3,735,000.00 COMBINATION UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 1998. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-20 and Resolution No. R98-24. City Manager, Paul Grohman stated these are Municipal Utility Districts in our extraterritorial jurisdiction. M.U.D. No. 4 is Country Place and M.U.D. No. 2 is a Silverlake M.U.D. He further stated that the numbers have been reviewed and they do meet our requirements. Mr. Grohman recommended their approval. Page 10 of 15 - 2/23 e Mayor Reid called for the vote on Resolution No. R98-20 pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. Mayor Reid called for the vote on Resolution No. R98-24 pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION MO, THEREWITH. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Resolution No. R98-23. Project Coordinator, Alan Mueller, gave a presentation regarding the projects that would be funded with the financial assistance from the Texas Water Development Board. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. RESOLUTION NO. R98-21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING AN AMENDED PARTICIPA- TION AGREEMENT WITH TEXPOOL, FOR PURPOSES OF AMENDING THE LIST OF THE CITY'S AUTHORIZED REPRESENTATIVES. Page 11 of 15 - 2/23 Councilmember Cole made the motion, seconded by Councilmember Berger to approve Resolution No. R98-21. City Manager, Paul Grohman, stated that this resolution is adding the Assistant Director of Finance to the City's Authorized Representatives and would allow her to make investments for the City. Mr. Grohman recommended its approval. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. RESOLUTION NO. R98-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING A BRAZORIA COUNTY PLANNING TEAM TO DEVELOP A COOPERATIVE PLANNING EFFORT TO QUALIFY AND QUANTIFY THE NEED FOR PARKS AND OPEN SPACE IN THIS REGION, AND APPOINTING A CITY REPRESENTATIVE TO SERVE ON THE PLANNING TEAM. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to approve Resolution No. R98-22 and have Parks and Recreation Director Ed Hersh to be the representative from the City. Parks and Recreation Director, Ed Hersh, addressed Council and stated that this resolution would support a Brazoria County Planning Team to evaluate the need for parks in Brazoria County. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 814-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 814, THE 1998 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN GENERAL FUND, WATER AND SEWER FUND, PEDC FUND, GRANT FUND, AND CAPITAL PROJECTS FUND LINE ITEMS FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE PROJECTS IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A Page 12 of 15 - 2/23 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 WELFARE OF THE CITIZENRY. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 814-1 on its first and only reading. City Manager, Paul Grohman, and the Council had discussion regarding the proposed budget amendments. Councilmember Berger made the motion seconded by Councilmember Wilkins to add an additional budget amendment item for the amount of $1,800 for the construction of a door in the legal department. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, and Berger. Voting "No" Councilmember Cole. Motion Passed 4 to 1. Mayor Reid called for a vote on the original motion to approve Ordinance No. 814-1 and to include a budget amendment item for the amount of $1,800 for the construction of a door in the legal department. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 817-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 817, THE CITY'S FLOOD MITIGATION ORDINANCE, TO AUTHORIZE THE CITY MANAGER, AT HIS DISCRETION, TO EXEMPT FROM COMPLIANCE WITH THIS ORDINANCE, DEVELOPMENT UPON LAND LESS THAN ONE ACRE IN SIZE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY FLOOD MITIGATION REQUIREMENTS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, Page 13 of 15 - 2/23 BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to approve Ordinance No. 817-1 on its first and only reading. City Manager, Paul Grohman, stated that this would amend our flood control ordinance by allowing an exemption based on small properties. He further stated that rain fall runoffs can not be calculated on small properties. Mr. Grohman recommended its approval. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - ACCEPTANCE OF OAKBROOK ESTATES SECTION 3 SUBDIVISION. Councilmember Berger made the motion, seconded by Councilmember Cole to accept Oakbrook Estates Section 3 Subdivision. City Engineer, John Hargrove, addressed Council and gave an overview of the construction that was done and he recommended the acceptance of the subdivision. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - ACCEPTANCE OF TWIN WOODS SUBDIVISION. Councilmember Cole made the motion, seconded by Councilmember Tetens to accept Twin Woods Subdivision. City Engineer, John Hargrove, addressed Council and gave an overview of the construction that was done and he recommended the acceptance of the subdivision. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Page 14 of 15 - 2/23 2S - f Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - ACCEPTANCE OF ALBERTSON'S SUBDIVISION. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to accept Albertson's Subdivision. City Engineer, John Hargrove, addressed Council and gave an overview of the construction that was done and he recommended the acceptance of the subdivision. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 10:15 p.m. Minutes approved as submitted and/or corrected this the 9th day of March ATTEST: 7SgecrOgt'ary W �i syr o1 A.D., 1998. Tom Reid Mayor Page 15 of 15 - 2/23