Loading...
1999-02-08 CITY COUNCIL REGULAR MEETING MINUTES10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 8,1999, 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 Larry Wilkins Councilmember Helen Beckman Councilmember Richard Tetens Councilmember William Berger Councilmember Klaus Seeger City Manager Glen Erwin City Attorney Damn Coker City Secretary Young Lorfing Others in attendance: Sr. Project Manager Alan Mueller; Planning and Development Director Dennis Smith; City Engineer John Hargrove; Director of Administrative Services Mary Hickling; Interim Chief of Police J.C. Doyle; Assistant City Attorney Nghiem Doan; Purchasing Officer Gordon Island; Chief Building Official Gene Tumlinson. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Pro -Tem Wilkins, and the Pledge of Allegiance was led by Assistant City Attorney, Nghiem Doan. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the January 25, 1999 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT: Page 1 of 17 - 2/8/1999 107 Mayor Reid reported that on January 26 he attended the North Hwy. 35 Committee Meeting; January 27 he attended the Chamber Building Committee Meeting; January 28 he attended the Chamber Leadership Training Class; January 29 he attended the HGAC Transportation Policy Council Meeting; January 30 he attended the Annual Council Retreat; February 2 he presented a Proclamation at the PISD School to Work Program, he attended the AARP Monthly Meeting, he attended the PTSD Education Improvement Committee Meeting and he attended the Organizational Meeting for the Charter Review Commission; February 4 he visited with the Methodist Youth Classes and he attended Southeast Economic Development Board of Directors Meeting; February 5 he attended the TML Legislative Committee Meeting for which he is Vice Chairman and he attended the Blue & Gold Banquet for Cub Pack 466; February 6 he attended the Texas Workforce Commission Trade Fair and Seminar; February 7 he attended the Blue & Gold Banquet for Cub Pack 404 and also attended the Ground Breaking for the Epiphany Lutheran Church; and on February 8 he attended Harris County Judge, Bob Eckels, State of the County Address. COUNCIL'S ACTIVITY REPORTS: Councilmember Seeger stated that he will pass on his report. Councilmember Berger reported that on January 30 he also attended the Annual Council Retreat with all of the Department Heads, City Manager, Mayor, and Council. He stated that with his short tenure this is the best retreat that he has attended, and commended the City Manager for having a great retreat. Mayor Pro -Tem Wilkins reported that the retreat was very worth while, and everything that was discussed is for the betterment of Pearland. He further reported that on February 6 he attended the Rotary fund-raising event at Green Tee Country Club. Councilmember Tetens stated that he did not have anything to add. Councilmember Beckman stated that the Council Retreat was wonderful, and Sara Bouse did a great job facilitating the retreat. CITY MANAGER'S REPORT: City Manager, Glen Erwin, reported on the Garden Acres water line installation; after 15 days of work the city has laid 2250 feet of pipe, made 21 road bores, and installed two fire hydrants. CITIZEN'S: Page 2 of 17 - 2/8/1999 N Jesus Garza, 4839 CR 565, addressed Council and stated that he resides on the west end of town that was recently annexed, and is concerned about a paint and body shop operating after 5:00 p.m. in his area. The noise and paint fumes do not allow him, his family, or neighbors to sit outside in the evening. Mr. Garza said that he has checked, and the body shop is in full compliance with the TNRCC (Texas Natural Resource Conservation Commission). In closing he asked Council to check and see if there is any ordinance that will regulate business hours of paint and body shop. Larry Marcott, 3606 Inverness Court, addressed Council and stated that he is going to talk about the Shadow Creek Ranch Project because he will not be able to attend the next meeting. He said that he has several questions regarding the project, and would like to have a public forum where he could get his questions answered, rather than at a council meeting. He further stated that he has read the several newspaper articles, but would like to also dialogue with someone regarding the project. Mr. Marcott also addressed the City sign on the west end of town. He said it is lost because of the newly constructed apartments, and he would like to have something done so that it can be seen again. The tape recorder malfunctioned at 7:42 p.m. and was changed out, back on tape at 7:45 p.m. Tom Sullivan, 6930 Westlea, addressed Council and stated that he is interested in water and sewer in West Lea, and would like the City to get preliminary plans for the installation water and sewer lines in West Lea. Mr. Sullivan said a TIRZ (Tax Increment Reinvestment Zone) may be a way for West Lea to get their infrastructure financed. He said that he has talked to the City Engineer about this and would like to see an estimate of how much this project is going to cost and how it will be paid for. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 893 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 21-22 OF CHAPTER 21, OIL AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE BEEN, FROM T:ME TO TIME, AMENDED, FOR THE PURPOSE OF PROVIDING THAT DRILLING PERMITS SHALL NOT CONTRAVENE PLANNED UNIT DEVELOPMENT; MAKING CERTAIN FINDINGS RELATED THERETO; HAVING A SAVINGS CLAUSE, A REPEALER Page 3 of 17 - 2/8/1999 109 CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND EFFECTIVE DATE. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-274 - 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 IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S 524,531,533,536,537,538,539,540,542,&544) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-275 - 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 THE NORTH % OF TRACT 26, SECTION 8, H.T. & B.R.R. CO. SURVEY A-504, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 547) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF JAMES F. FULLER, 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-276 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 4 of 17 - 2/8/1999 110 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 4.00 ACRES OUT OF LOT 39, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, . A-504, VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 548)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF T.J. "TOM" HODGES, 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. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-277 -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 LOT 10, BLOCK 9, HICKORY CREEK PLACE ADDITION, AS RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 549) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF T.J. "TOM" HODGES, 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. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-278 -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 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT OUT OF LOT 9, THE NORTHEAST 1/4 OF Page 5 of 17 - 2/8/1999 THE SOUTHEAST 1/4 OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (6319 COTTONWOOD) (APPLICATION NO. 648) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF DAVID WAYNE WILSON, 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. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-279 -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 GRANTING A SPECIFIC USE PERMIT FOR A CABINET/FURNITURE SHOP IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO - WIT: BEING 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT OUT OF LOT 9, THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (6319 COTTONWOOD), (SPECIFIC USE PERMIT NO. 66) AT THE REQUEST OF DAVID WAYNE WILSON, 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 Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance Nos. 893, 509-273, 509-274, 509-275, 509-276, 509-277, 509-278, and 509-279 on their second and final reading as presented on the Consent Agenda, reserving Consent Agenda Item A, Ordinance 509-273, for further discussion and a separate vote. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: Page 6 of 17 - 2/8/1999 B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-273 - 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 TRACT I & II BEING 3 ACRES, MORE OR LESS, OUT OF LOT 58, FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS VOLUME 2, PAGE 77; TRACT III, THE NORTH 2 ACRES OUT OF LOT 57, FIGLAND ORCHARD SUBDIVISION H.T. & B.R.R. CO. SURVEY, A- 240, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, VOLUME 2, PAGE 77 (APPLICATION NO. 434) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ARTHUR PARTAIN, 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Arthur Partain, 6806 West Broadway, addressed Council and stated that the object is to get his property on Harkey Road rezoned. He said that in 1970 this property was a wide-open prairie and since then people have moved in. He has had complaints from these people and their fear is being flooded for which he has cut ditches to help with the drainage. Mr. Partain said that he admits his property does need to be cleaned up, and he is in the process of doing that. He also said that he does not want to be a bad neighbor and intends to stay within the guidelines of a Light Industrial District (M-1) zoning. He also informed Council that this is rental property and he is currently looking for another tenant. Sandee Esquivel, 6405 Lauren Lane, addressed Council and stated that she is opposed to the rezoning of this property. She said that a light industrial zone does not belong next to a residential zone. This area is immediately adjacent to the West Oaks Subdivision and the rezoning of this property could cause the value of the property in West Oaks to be Page 7 of 17 - 2/8/1999 I13 lower, and the ability to sell a home could be difficult. She further addressed concerns she has about the additional traffic and noise that would be generated as a result of the rezoning. She said since the property is close to a school, it could hamper the teaching and learning for students. Ms. Esquivel stated that she would like for Council to consider the tremendous impact that this zone change could have on this area. Kay Belnap, 6404 Woodhaven Drive, addressed Council and stated they she is also a resident in the West Oak Subdivision. She said she is what is known as an "Air Force Brat" and was born in Ft. Worth, Texas, where her father was stationed at the time. Ms. Belnap gave an overview of her residence history over her childhood years up to the present time. She said that she has designed and built, her dream house in the West Oaks Subdivision. She wants her home to be in a neighborhood that people will think is gorgeous and not wonder why it was allowed to decay as it would with the recommended zone change. Councilmember Berger stated that he did not support this ordinance the first time, and does not plan to support it this time. He further stated that he does not feel that an industrial facility should be located that is primarily residential area. Mayor Reid called for the vote to approve Ordinance No. 509-273 on its second and final reading as so moved by the original motion made by Councilmember Beckman, seconded by Councilmember Tetens. Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Motion to approve Ordinance No. 509-273 as presented on the Consent Agenda; Motion Failed 5 to 0. NEW BUSINESS: COUNCIL ACTION - REGARDING COUNCIL RECEIVING A PETITION REQUESTING THE ANNEXATION OF 53.57 ACRES WEST OF FM 1128 AS REQUESTED BY JAY RICE. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to accept the petition requesting the annexation of 53.57 acres west of FM 1128 as requested by Jay Rice and Mike E. Ziglar. Page 8 of 17 - 2/8/1999 114 Sr. Project Coordinator, Alan Mueller, presented the location of the proposed annexation. He reported that it is approximately 53.6 acres, and is just outside the city limits. The property is just west of Manvel Road, and is bound on the south by Mary's Creek and on the west by Brazoria County MUD No. 1. Mr. Mueller further reported that the City has communicated to the developer that the nearest water line that is available is at FM 518 and FM 1128. It will be the developer's responsibility to fund the cost of extending the water line to this property. He also reported that the only way that the proposed annexed area can receive sewer service will be when the City completes the Fite Road interceptor project which will be heading toward the new SWEC plant. Mr. Muller stated that the developer has investigated the possibility of getting water and sewer service from Brazoria County MUD No. 1 on a temporary basis. He informed Council that it is a requirement of state law that within 30 days of a petition being received, the City Council must either act upon granting the request or deny the request of the petitioners. Mr. Mueller stated that if this action is approved tonight it will give staff the permission to move forward with the annexation procedure. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 894 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING INTO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (PINE HOLLOW SECTION 2 AND 3 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. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 894 on its first reading. Sr. Project Coordinator, Alan Mueller, stated that this was a voluntary request for annexation. The City has been through the two public hearings as required by state law and this is the first reading of the ordinance. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 9 of 17 - 2/8/1999 1A� COUNCIL ACTION - COUNCIL ACCEPTANCE OF ASHTON PARK SECTION ONE SUBDIVISION. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to accept Ashton Park Section One Subdivision. City Engineer, John Hargrove, addressed Council and stated that Ashton Park Section One consist of 102 lots. The project has water and sewer, and the streets have been completed as required by the specifications. Mr. Hargrove recommended its acceptance. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH SOUTHWESTERN BELL TELEPHONE (A SOLE SOURCE PROVIDER) FOR REPLACING THE TELEPHONE/PBX SYSTEM AT CITY HALL, COMMUNITY CENTER AND THE SERVICE CENTER. . Councilmember Seeger made the motion, seconded by Councilmember Bergerto authorize the City Manager or his designee to execute a contract with Southwestern Bell Telephone (a sole source provider) for replacing the Telephone/PBX System at City Hall, Community Center and the Service Center. Purchasing Officer, Gordon Island, addressed Council and stated that staff is excited about bringing this recommendation before Council. This is a request for the approval of a telecommunications proposal from Southwestern Bell Telephone Company in the amount of $257,875.86. The project was included in the fiscal year 1998-99 capital projects budget, and financing was approved at the January 25, Council Meeting. Mr. Island also stated that this will complete a telecommunications technologies plan which began at the Police Department with the 911 system, and the proposed telephone system is Y2K complainant. The major benefit of the system is improved efficiency and customer service to our citizens. City Attorney, Darrin Coker, stated that he had researched this matter, and Southwestern Bell is a sole source provider because of the 911 network, and the new equipment will integrate the police department. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman Page 10 of 17 - 2/8/1999 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH H.T.E. INC., (A SOLE SOURCE PROVIDER) FOR H.T.E. SOFTWARE FOR BUILDING PERMITS, CODE ENFORCEMENT & OCCUPATIONAL LICENSING MODULES. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to authorize the City Manager or his designee to execute a contract with H.T.E. Inc., (a sole source provider) for H.T.E. Software for Building Permits, Code Enforcement & Occupational Licensing Modules. Chief Building Official, Gene Tumlinson, addressed Council and stated that this request is for application modules that are compatible with H.T.E. software that the City is currently using. The application modules include Building Permits, Code Enforcement, and Occupational Licensing and they will link the Inspection Department with the Service Center, Utility Billing, and the Finance Department. The software meets the City's goal for Y2K compliance of the communication system, and this project is included in the fiscal year 1998-99 budget and will be funded under lease purchase financing. The proposal has been evaluated and the staff recommends the award to H.T.E. Inc., in the amount of $80,700. City Attorney, Darrin Coker, also confirmed that H.T.E. is a sole source provider. He stated that we are using their software now, and with this upgrade all of the software will be compatible. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REAPPOINTMENT OF CHRIS BROOKS, ROBERT KETTLE, CHARLES MICHNA, AND MEHRAN (RON) BAVARIAN TO SERVE ON THE ELECTRICAL BOARD. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to reappoint Chris Brooks, Robert Kettle, Charles Michna, and Mehran (Ron) Bavarian to serve on the Electrical Board. Page 11 of 17 2/8/1999 117 Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99- 7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING GUIDING PRINCIPLES FOR CLEANER AIR FOR THE HOUSTON-GALVESTON REGION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-7. Mayor Reid stated that the Governor is particularly interested in a cleaner air plan, and it is on an E.P.A.'s watch list. With the adoption of this resolution the City will join other cities in the H.G.A.C.'s 13 county area. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99- 8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS IN SUPPORT OF VOLUNTARY CLASS ACTIONS ON BEHALF OF TEXAS MUNICIPALITIES. Councilmember Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-8. City Attorney, Darrin Coker, stated that there is a lot of class-action litigation going on right now with utility companies. This is a resolution which supports the City's right to voluntarily opt in or out of such class action suits and shows Council's support to preserve that right for cities. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 12 of 17 - 2/8/1999 COUNCIL ACTION - RESOLUTION NO. R99-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE MEETING TIME AND DATE FOR THE SECOND REGULAR MEETING OF MARCH 1999. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R99-9. Mayor Pro -Tem Wilkins stated that this resolution is being considered because the majority of the City Council will be attending Brazoria County Days in Austin. Mayor Reid stated that each legislative year the Council goes to Austin to lobby as a County with the legislators. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-10 -A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION ON THE FIRST DAY OF MAY, 1999, FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE MEMBER 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. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-10. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-11 - 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 TO BE HELD ON THE FIRST DAY OF MAY, 1999. Page 13 of 17 - 2/8/1999 Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R99-11. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-280- 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 9.924 ACRES, KNOWN AS LOT 28, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, RECORDED IN VOLUME 2, PAGES 23 & 24, PLAT RECORDS OF BRAZORIA CO., TEXAS (APPLICATION NO. 643)(14435 MAX ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) AT THE REQUEST OF CHEROTECH, INC., 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. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to approve Ordinance No. 509-280 (Application No. 643) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 643. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-281- 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 2, PEREBOOM SUBDIVISION, RECORDED IN A MAP OR PLAT, VOLUME 18, PAGE 139, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 545) (13800 O'DAY ROAD) FROM Page 14 of 17 - 2/8/1999 120 CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF HOLLINGSHEAD LIVING TRUST, 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 Tetens, to approve Ordinance No. 509-281 (Application No. 545) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 545. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-282- 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 IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NOS. 498,535,541,556,5621 & 599) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) 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. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 509-282 (Application Nos. 498,535,541,556,562, & 599) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 498,535,541,556,562, & 599. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 15 of 17 - 2/8/1999 X21 FIRST READING OF ORDINANCE NO. 509-283- 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 63.679 ACRES OUT OF THE SE 1/4, SECTION 21, H.T. &B.R.R. CO. SURVEY, A-309 & PART OF A CERTAIN TRACT IN DEED DATED 11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOLUME 1144, PAGES 902, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 518) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF ESTATE OF ROSE MARIE BAGNOLI, 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 Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-283 (Application No. 518) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 518. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:37 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE I. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING PENDING LITIGATION - DISCUSSION OF CARLTON SUITER LITIGATION. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 8:51 p.m. Page 16 of 17 - 2/8/1999 2? COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE CARLTON SUITER LITIGATION. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to authorize the City Attorney to proceed with an agreement with the Carlton Suiter Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Meeting was adjourned at 8:52 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 22nd day of February A.D., 1999. ' ATTEST: Mayor Page 17 of 17 - 2/8/1999