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1998-02-09 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 9, 1998, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS Xo I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: 1. Minutes of the January 19, 1998, Public Hearing held at 6:30 p.m. 2. Minutes of the January 26, 1998, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the January 26, 1998, Regular Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT VII. CITIZENS VIII. DOCKETED PUBLIC HEARINGS: None. IX. UNFINISHED BUSINESS: None. NEW BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 Page 1 of 7 - 2/9 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. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 - RESOLUTION NO. R98-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 - AWARD OF BID NO. B97-25 FOR REPAIRS & PAINTING OF McCLEAN RD. ELEVATED WATER TANK. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B97-15 FOR CONSTRUCTION OF PAVING AND DRAINAGE IMPROVEMENTS FOR FIRST STREET. CONSIDERATION AND POSSIBLE ACTION - COUNCIL ACCEPTANCE OF MAGNOLIA PLACE MOBILE HOME PARK. Page 2 of 7 - 2/9 10. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-17 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION ON THE SECOND DAY OF MAY, 1998, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL ELECTION AND SPECIAL ELECTION TO BE HELD ON THE SECOND DAY OF MAY, 1998. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 837 - AN ORDINANCE OF THE CITY COUNCIL OF THE CIT~ 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 - APPOINTMENT OF MEMBERS TO THE TAX INCREMENT REINVESTMENT ZONE ("TIRZ") BOARD. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 838 - 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 REID BOULEVARD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH ALBERTSON'S PRIVATE DRIVE, AND UPON MAX ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH ALBERTSON'S PRIVATE DRIVE, TO CONTROL TRAFFIC ALONG Page 3 of 7 - 2/9 SAID PRIVATE DRIVE; 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 TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH VINSON & ELKINS, L.L.P., FOR THE DEVELOPMENT OF FINANCING PLANS AND LEGAL STRUCTURES FOR ECONOMIC DEVELOPMENT PROJECTS. 13. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 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. Page 4 of 7 - 2/9 14. CONSIDERATION AND POSSIBLE ACTION - FIRST 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. 15. 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. Page 5 of 7 - 2/9 16. CONSIDERATION AND POSSIBLE ACTION - FIRST 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. 17. CONSIDERATION AND POSSIBLE ACTION - FIRST 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 Page 6 of 7 - 2/9 A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 18. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 244) AT THE REQUEST OF DANE BEITO, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) ON THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: ONE ACRE, MORE OR LESS, OUT OF LOT 9, BEING THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF H.T.&B.R.R. CO. SURVEY, SECTION 14, A-509 OF THE DEED RECORDS OF BRAZORIA CO. TX (6328 COTTONWOOD) OTHER BUSINESS: 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 - 2/9