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1997-07-14 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JULY 14, 1997, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: 1. Minutes of the June 23, 1997, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the June 23, 1997, Public Hearing held at 6:30 p.m. 3. Minutes of the June 23, 1997, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the June 27, 1997 Special 'Council Meeting held at 6:30 p.m. IV. MAYOR'S ACTIVITY REPORT 1. Proclamation -"National Night Out" V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT 1. Interim draft report from representatives of Brazoria Drainage District # 4 VII. CITIZENS VIII. UNFINISHED BUSINESS: 1. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-149 -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 Page 1 of 6 - 7/14 IX. REAL PROPERTY LOCATED ON LOTS A & B, SECTION 3, GARDEN ACRES, 2.617 ACRES OUT OF TRACT 36, H.T. & B.R.R. SURVEY, SECTION 7, A~219, AS RECORDED IN VOLUME 10, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (5800 BROADWAY) (APPLICATION NO. 213) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOSEPHINE M. 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 - SECOND AND FINAL READING OF ORDINANCE NO. 509-152 -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 22, BLOCK 3, SKYWAY MANOR, H.T. & B.R.R. SURVEY, A-241, AS RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (3017 MANVEL ROAD) (APPLICATION NO. 174) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF BILLY R. & CAROLYN GIBSON, 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. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 805 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAXABATEMENT PURSUANT TO RESOLUTION NO. R96-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #3), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND Page 2 of 6 - 7/14 TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS' SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 806 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; 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 FOR CAPITAL IMPROVEMENTS AND IMPACT FEES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO REQUEST BIDS FOR MEDICAL AND LIFE INSURANCE FOR THE CITY OF PEARLAND EMPLOYEES AND ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES TO ASSIST WITH THE BID PROCESS. m CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R97- 40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE ALL AGREEMENTS RELATED TO THE 1997 TEXAS PARKS AND WILDLIFE DEPARTMENT RECREATIONAL TRAILS PROGRAM AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. Page 3 of 6 - 7/14 CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES NOT TO EXCEED $50,000.00 FOR THE BRIDGE DESIGN OF MYKAWA ROAD AT HICKORY SLOUGH. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B97-7 FOR A FIRE TRAINING TOWER TO BE FUNDED BY THE CITY OF PEARLAND VOLUNTEER FIRE DEPARTMENT. CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE AN 800 TRUNKING RADIO SYSTEM THROUGH HGAC NOT TO EXCEED $550,000.00 AND TO NEGOTIATE A LEASE PURCHASE AGREEMENT OR ACQUIRE SHORT-TERM FINANCING FOR A PORTION OF THE COSTS ASSOCIATED WITH SAID PURCHASE. CONSIDERATION AND POSSIBLE ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES NOT TO EXCEED $60,000.00 FOR PHYSICAL MAP REVISIONS OF THE COUNTY ROAD 101 DITCH AREA (COWART CREEK). CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 790-1-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 22, PEDDLERS, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 790) TO CLARIFY TERMINOLOGY, AUTHORIZE THE CITY SECRETARY TO DELEGATE AUTHORITY FOR ADMINISTRATIVE DUTIES HEREUNDER, AND ADDRESS OTHER ISSUES RELATED TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. 10. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN Page 4 of 6 - 7/14 11. 12. DEVELOPMENT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN GARDEN ACRES SUBDIVISION, BEING THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 139-150,152-162,195,204,205,209 &210) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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 - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 197) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: LOTS 13 & 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY) CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (SPECIFIC USE PERMIT NO. 51) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR A SPECIFIC USE PERMIT FOR A RESIDENTIAL DWELLING IN A GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: LOTS 13 & 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. Page 5 of 6 - 7/14 COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY) 13. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (SPECIFIC USE PERMIT NO. 52) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR A SPECIFIC USE PERMIT FOR A ANIMAL HUSBANDRY IN A GENERAL BUSINESS DISTRICT ON THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: LOTS 13 & 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY) OTHER BUSINESS: X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS - REVIEW APPLICATIONS FOR APPOINTMENT OF NEW MEMBER TO THE PLANNING AND ZONING COMMISSION. 2. SECTION 551.072 - REAL PROPERTY - DELIBERATION REGARDING THE PURCHASE OF REAL PROPERTY FOR A WASTEWATER TREAT- MENT PLANT AND/OR OTHER UTILITIES. NEW BUSINESS (CONTINUED): 14. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF MEMBER TO THE PLANNING AND ZONING COMMISSION (IF APPLICABLE). 15. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO STAFF REGARDING THE PURCHASE OF REAL PROPERTY FOR A WASTEWATER TREATMENT PLANT AND/OR OTHER UTILITIES. XI. ADJOURNMENT Page 6 of 6 - 7/14 This site is accessible to disabled individuals. 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 6 - 7/14