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1998-03-09 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 9, 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 23, 1998, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the February 23, 1998, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the March 2, 1998, Special Council Meeting held at 7:00 p.m. MAYOR'S ACTIVITY REPORT 1. PROCLAMATION "MENTAL RETARDATION MONTH" 2.. PRESENTATION FROM THE PEARLAND HISTORICAL SOCIETY COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARINGS None. UNFINISHED BUSINESS: 1. MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO. 509- 182. Page 1 of 7 - 3/9 CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-182 -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 OF LAND CONTAINING 9.901 ACRES, A PORTION OF LOT 40 OF THE ALLISON RICHEY GULF COAST HOME CO. AND FROM THE H.T.&B.R.R. SURVEY, SECTION 85, A-304, AS RECORDED IN VOL. 2, PG 107, OF THE DEED RECORDS OF BRAZORIA CO, TX. (APPLICATION NO. 242) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF KlM DURRETT, 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. X. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 AUTHORIZING THE ISSUANCE OF $4,140,000.00 UNLIMITED TAX REFUNDING BONDS, SERIES 1998A. CONSIDERATION AND POSSIBLE ACTION - PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1997, BY LAIRSON, STEPHENS, REIMER, P.C., AND ACCEPTANCE OF AUDIT INTO THE RECORDS OF THE CITY. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT") FOR PURPOSES OF INVESTING CITY FUNDS IN STATE Page 2 of 7 ~ 3/9 AUTHORIZED SECURITIES. a CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILROAD FOR PURPOSES OF CONSTRUCTING THE MYKAWA ROAD-MAIN STREET CONNECTOR OVERPASS. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 839 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BRACKET DRIVE IN A SOUTHWESTERLY DIRECTION AT ITS INTERSECTION WITH GATECREEK DRIVE, UPON BRACKET DRIVE IN A NORTHEASTERLY DIRECTION AT ITS INTERSECTION WITH GATECREEK DRIVE (OAKBROOK ESTATES, SECTION 3); 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 ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVEL- LING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-185 - 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 OF LAND IN THE SOUTH ½ OF LOT 18, ALLISON- RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TX (13619 MAX ROAD) (APPLICATION NO. 246) FROM CLASSIFICATION Page 3 of 7 - 3/9 SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JUAN JORGE & MARIA A. RODRIGUEZ, 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. 509-186 - AN ORDINANCE OF THE CITY COUNCIL OF 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 16, BLOCK 1, OF SKYWAY MANOR SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOL 7, PG. 67, OF THE PLAT RECORDS OF BRAZORIA CO., TX (3011 PIPER ROAD)(APPLICATION NO. 250) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF BEVERLY RUFFIN, 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. 509-187 - 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 AN 84.00 ACRE TRACT LOCATED IN THE H.T.&B.R.R. CO. SURVEY, A-309 AND BEING OUT OF A CALLED 160 ACRE TRACT DESCRIBED IN VOL. 1144, PG. 590, BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 275) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF PATRICIA D. KNUDSON & ASSOCIATES, AGENT FOR BEAZER HOMES Page 4 of 7 - 3/9 TEXAS, 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. Sm CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-188 - 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 0.25 ACRE TRACT OUT OF LOT 74, FIGLAND ORCHARD SUBDIVISION, IN THE H.T.&B.R.R. CO. SURVEY, A-240, BRAZORIA CO., TX (1503.1 HARKEY ROAD)(APPLICATION NO. 255) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOSE R. DELACERDA, JR., 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. 10. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-189 - 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 LOCATED ON A TRACT OF LAND, OUT OF LOT 19, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H.T. & B. R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4808 MAIN STREET).(APPLICATION NO. 238) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF THOMAS W. & CANDACE M. DEWEY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 5 of 7 - 3/9 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 11. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-190 - 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 LOCATED ON A 3.0 ACRE TRACT OF LAND, OUT OF LOT 19, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H.T.&B.R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4818 MAIN STREET)(APPLICATION NO. 239) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF THOMAS W. & CANDACE M. DEWEY, 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. 12. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 254) AT THE REQUEST OF ALEJANDRO & CARMEN JASSO, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) ON THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: BEING 0.155 ACRES SITUATED IN THE WEST ½ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼, SECTION 15, H.T. & B. R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TX (2721 MORENCI STREET). OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 REAL PROPERTY: DISCUSSION Page 6 of 7 - 3/9 REGARDING ACQUISITION OF REAL PROPERTY FOR PARKS AND/OR DETENTION AND OTHER PUBLIC FACILITIES. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION OF CITY COUNCIL EMPLOYEES. NEW BUSINESS (CONTINUED): 13. CONSIDERATION AND POSSIBLE ACTION ADDITIONAL DIRECTION TO STAFF REGARDING ACQUISITION OF REAL PROPERTY FOR PARKS AND/OR DETENTION AND OTHER PUBLIC FACILITIES. 14. CONSIDERATION AND POSSIBLE ACTION - REGARDING CITY COUNCIL EMPLOYEES AS A RESULT OF DISCUSSION IN EXECUTIVE SESSION. 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. Page 7 of 7 - 3/9