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1998-02-23 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 23, 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: 1. Minutes of the February 9, 1998, Regular Council Meeting held at 7:30 p.m. MAYOR'S ACTIVITY REPORT 1. Proclamation "Project Graduation" COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARINGS None. UNFINISHED BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION - 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 Page 1 of 7 - 2/23 RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. CONSIDERATION AND POSSIBLE ACTION - 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. CONSIDERATION AND POSSIBLE ACTION 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. CONSIDERATION AND POSSIBLE ACTION - 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-l) AT THE REQUEST Page 2 of 7 - 2/23 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. CONSIDERATION AND POSSIBLE ACTION 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-l) 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. CONSIDERATION AND POSSIBLE ACTION - 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. 24'1) (7029 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) Page 3 of 7 - 2/23 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. CONSIDERATION AND POSSIBLE ACTION - 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. MOTION TO REMOVE FROM THE TABLE, THE ACCEPTANCE OF MAGNOLIA PLACE MOBILE HOME PARK. CONSIDERATION AND POSSIBLE ACTION COUNCIL ACCEPTANCE OF MAGNOLIA PLACE MOBILE HOME PARK. Page 4 of 7 - 2/23 X. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - 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, AUTHORIZING THE ISSUANCE OF $2,325,000 UNLIMITED TAX BONDS, SERIES 1998, AND WAIVING PREMIUM CALL PROVISIONS OF REDEMPTION REQUIREMENTS FOR THE BONDS. m CONSIDERATION AND POSSIBLE ACTION - 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. CONSIDERATION AND POSSIBLE ACTION - 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 THEREWITH. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING AN AMENDED PARTICIPATION AGREEMENT WITH TEXPOOL, FOR PURPOSES OF AMENDING THE LIST OF THE CITY'S AUTHORIZED REPRESENTATIVES. m CONSIDERATION AND POSSIBLE ACTION - 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 Page 5 of 7 - 2/23 AND OPEN SPACE IN THIS REGION, AND APPOINTING A CITY REPRESENTATIVE TO SERVE ON THE PLANNING TEAM. CONSIDERATION AND POSSIBLE ACTION - 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 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. CONSIDERATION AND POSSIBLE ACTION - 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, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - COUNCIL ACCEPTANCE OF OAKBROOK SECTION 3 SUBDIVISION. Page 6 of 7 - 2/23 m CONSIDERATION AND POSSIBLE ACTION - COUNCIL ACCEPTANCE OF TWIN WOODS SUBDIVISION. 10. CONSIDERATION AND POSSIBLE ACTION - COUNCIL ACCEPTANCE OF ALBERTSON'S SUBDIVISION. OTHER BUSINESS: Xl. ADJOURNMENT For special assistance, please call YOUNG LORFING at 281-485-241 l/Ext. 341 prior to the meeting so that appropriate arrangements can be made. Page 7 of 7 - 2/23