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1999-04-12 CITY COUNCIL REGULAR MEETING MINUTES-049 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 12, 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 Mayor Pro -Tem Councilmember Councilmember Councilmember City Attorney City Secretary Tom Reid Larry Wilkins Richard Tetens William Berger Klaus Seeger Darrin Coker Young Lorfing Absent: Councilmember Helen Beckman and City Manager Glen Erwin. Others in attendance: Sr. Project Manager Alan Mueller; Chief of Police J.C. Doyle; City Engineer John Hargrove; Grants Director Janet Berry; Planning and Development Director Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Emergency Management Coordinator David Smith; Assistant City Attorney Nghiem Doan; Utility Accounts Supervisor Missy Miller; Assistant Director of Finance Cindy Soto; Assistant Executive Director of P.E.D.C. John Bowman. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Pro -Tem Wilkins, and the Pledge of Allegiance was led by Sr. Project Manager Alan Mueller. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the minutes of the March 29, 1999 Joint Public Hearing held at 6:30 p.m. and the minutes of the March 29, 1999 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Page 1 of 19 - 4/12/1999 - 049 Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Councilmember Tetens made the motion, seconded by Councilmember Berger, to approve the minutes of the March 15, 1999 Joint Public Hearing held at 6:30 p.m. Voting "Aye" Councilmembers Tetens, Berger, and Seeger. Voting "Abstain" Councilmember Wilkins. Voting "No" None. Motion passed 3 to 0, with 1 abstention, with Councilmember Beckman absent. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation to Dennis Patek, with the Knights of Columbus, proclaiming April 24, 1999 as the "12" Annual Crawdad Jamboree Day" Mayor Reid presented a Proclamation to Project Graduation Coordinators Mike and Vicky Lea and Mark and Kay Camble proclaiming May 29, 1999 as "Project Graduation Day." Mayor Reid reported on March 30 he was a Celebrity Reader at Challenger School; on March 31 he attended the Exchange Club Recognizing Officer Kevin Nichols, he presented a Proclamation to Robert Tobin at his retirement party, he attended the Chamber Meeting, and the Shadow Creek Ranch Public Forum; April 1 he attended the Tri -County Chamber Luncheon, and the Southeast Economic Development Corporation Board Meeting; April 6 he attended the AARP Monthly Meeting, and the Pearland Independent School District Educational Committee Meeting; April 8 he met with the Director of Southeast Economic Development Corporation, attended three Chamber Ribbon Cuttings and the Ribbon Cutting on the Parks Hike and Bike Trail at Independence Park, and he attended the Bay Area Transportation Partnership Meeting; on April 9 the Annual Banquet Education Foundation and on April 11 he attended the Lions Club Breakfast. Page 2 of 19 - 4/12/1999 COUNCIL'S ACTIVITY REPORTS: Councilmember Tetens stated that the City did not have any "bandit" signs around town after the developers erected the new signs. He said that recently he has started seeing the "bandit" signs again, and asked for the appropriate person on staff to get that matter corrected. The remaining Councilmembers did not have anything to report. CITY MANAGER'S REPORT: Mayor Reid reported that City Manager Glen Erwin is ill. CITIZEN'S: David S. Miller, 2706 Shady Creek, addressed Council and stated regrading the procedure of appointing people to the PEDC Board. He also stated that he did not see the new PEDC By-laws on the agenda, and asked why not? He further stated that the PEDC Board is a Corporate Board. It has importance in the community, and is also responsible for a budget. Mr. Miller addressed his concerns regarding a potential conflict of interest with Randy Ferguson serving on the PEDC Board and the Pearland State Bank being the City's depository, and he again urged the Council to interview applicants before appointing them to the board. City Attorney, Darrin Coker, stated that the PEDC By-laws were purposely left off of this agenda due to the fact that Councilmember Beckman would not be attending this meeting. He said that this is an important matter for the Council to consider, and wants to have all five members of Council at the meeting when the By-laws are considered. Mayor Reid confirmed with the City Attorney, that the By-laws are ready, and will be on the April 26 agenda. DOCKETED PUBLIC HEARINGS: None CONSENT AGENDA: Page 3 of 19 - 4/12/1999 050. 05, A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-291 - 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 LOCATION BEING 4.542 ACRES, A PART OF LOT 1, BLOCK 26, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 4, TCRR SURVEY, A-675, VOLUME 2, PAGE 99, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 690) (15707 SOUTH FREEWAY 288) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAMES W. & BARBARA A. DIXON, OWNERS, 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. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-292 - 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 9.983 ACRES, CALLED TRACT 16, H.T. & B.R.R CO. SURVEY, SECTION 7, A-219, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 644) (13801 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF CARL A. DAVIS, 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. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-293 - 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 Page 4 of 19 - 4/12/1999 052 CERTAIN REAL PROPERTY LOCATED ON BEING LOT 12 & THE EAST Y OF LOT 11, BLOCK 3, CAS -CON ACRES, BEING THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509, VOLUME 5, PAGE 127, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 620) (6225 COTTONWOOD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING (R-1) AT THE REQUEST OF JAMES SANDLING, 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-294 - 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. 628, 629, 630, 631, 636, 638, 639, & 673) 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance Nos. 509-291, 509-292, 509-293, 509-294 on their second and final reading as presented on the Consent Agenda.. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. MATTERS REMOVED FROM CONSENT AGENDA: None Page 5 of 19 - 4/12/1999 05?. NEW BUSINESS: COUNCIL ACTION - PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998, BY NULL-LAIRSON, AND ACCEPTANCE OF AUDIT INTO THE RECORDS OF THE CITY. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to accept the Comprehensive Annual Financial Report (Audit) into the records of the City as presented. Bob Stephens, CPA with Null-Lairson Certified Public Accountants, thanked all of the staff that assisted the firm with the audit. Mr. Stephens introduced his wife Kimberly and son Austin Hunter who was in attendance to see him "first hand" present the audit to the City. Mr. Stephens presented the audit in detail. Voting "Aye" Councilmembers Berger, Seeger, Tetens, and Wilkins. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-30 - 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 ARBITRAGE COMPLIANCE SPECIALISTS, INC. FOR ARBITRAGE REBATE SERVICES OF ALL CURRENT OUTSTANDING BOND ISSUES FOR THE CITY OF PEARLAND. Councilmember Berger made the motion, seconded by Mayor Pro -Tem, to approve Resolution No. R99-30. Purchasing Officer, Gordon Island, gave a presentation regarding arbitrage. Mr. Island stated that this is an extension of a contract executed April 14, 1998 for 1990,1991, and 1993 bond issues. Request for Qualifications were evaluated from three major firms engaged in arbitrage services in Texas. Arbitrage Compliance Specialists, Inc., with a regional office in Houston, was rated the qualified provider of these services. Staff Page 6 of 19 - 4/12/1999 _.-G 5 4 recommends extending this contract to include all current outstanding bond issues for the fee not to exceed $31,825. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-29 - 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 AUTHORIZED SECURITIES. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R99-29. Director of Finance, David Castillo, gave the annual review of the City's Investment Policy. Mr. Castillo informed Council that the minor change to the current policy is the addition of Lone Star (an investment pool) to Attachments A-1 to A-6, and in closing he asked the Council to adopt the revised investment policy. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS AND OBJECTIVES PROMULGATED DURING THE CITY'S 1999 ANNUAL PLANNING WORKSHOP. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-26. Page 7 of 19 - 4/12/1999 0V k l Grants Director, Janet Berry, gave a brief update of the Council Goals for 1999. Mayor Reid asked staff to develop a method by which the Council can be updated from time to time on the progress of the Council's Goals. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH AFFILIATED SPARTAN INSURANCE AGENCIES, INC. ("SPARTAN") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY SPARTAN AT THE INTERSECTION OF FM 518 AND PINE HOLLOW DRIVE WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF FORTY PERCENT (40%) FOR A PERIOD OF FIVE (5) YEARS BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2004; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 898, WHICH ESTABLISHED REINVESTMENT ZONE #5, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R98-59. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-25. Pearland Economic Development Corporation Assistant Executive Director, John Bowman, presented the tax abatement agreement for Spartan Insurance Agencies, Inc., in detail. He also reported that the total capital investment on this project is $1.6 billion. The capital investment being requested to be abated is $1.1 million. It is estimated that the cost for City Services will be about $7,306 annually. The total economic benefit is $24,000 annually, therefore, during the five year period, the benefit will almost $17,000 a year to the City. The abatement is for a five year period and is a 40% abatement. Mr. Page 8 of 19 - 4/12/1999 056 Bowman said that Spartan will be moving next to Moody Bank in front of Pine Hollow. It will be a one-story building with 15,000 square feet. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. MOTION TO REMOVE FROM THE TABLE, COUNCIL ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 897. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to remove Ordinance 897 from the table. Voting "Aye" Tetens, Berger, Seeger, and Wilkins. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. FIRST AND ONLY READING OF ORDINANCE NO. 897 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A DECORATIVE WALK BRIDGE INTO THE CITY'S RIGHT-OF-WAY AND TEN -FOOT (10) WATER/SEWER EASEMENT, LOCATED AT 3710 PINE BARK, LOT 12, BLOCK 3, PINE HOLLOW ESTATES, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 897 on its first and only reading. Larry Marcott, 3606 Inverness Ct., addressed Council and stated that all new subdivisions should have curbs and gutters so that the citizens do not have to pay additional tax dollars to have the ditches cleaned. He said the bridge will be very nice, but it will cost money. The City does not have that type of money and all subdivisions should be made to have curbs and gutters. Mr. Marcott said that it is David Powers that is putting up the "bandit" signs by the Chevron Station. He said he reported the signs at the last Council Meeting and they are Page 9 of 19 - 4/12/1999 057 still placing signs at that location. Mr. Marcott thanked the Council for having the meeting regarding Shadow Creek Ranch Development. City Attorney, Darrin Coker, explained the protective covenants part of the agreement and the requirements that it will have on the property owner in order to satisfy the protective covenants. There was additional discussion regarding bridges over ditches by the City Engineer and Council. After the discussion Mayor Reid called for the vote. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LICENSE AGREEMENT WITH DONYA, L.L.C., FOR THE PURPOSE OF ALLOWING INGRESS AND EGRESS OVER AND ACROSS CERTAIN CITY PROPERTY. Passed to future agenda, no Council action taken. FIRST READING OF ORDINANCE NO. 899 -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 (53.6 ACRES WEST OF FM 1128 AT MARY'S CREEK) AT THE REQUEST OF MIKE ZIGAL AND JAY RICE, OWNERS; 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. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 899 on its first reading. Page 10 of 19 - 4/12/1999 0 5 U11 Sr. Project Manager, Alan Mueller, stated that this is a voluntary annexation requested by the property owners. The City has conducted two required public hearings, and has followed the required time lines established by state law. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING ORDINANCE NO. 181-6 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 12, GARBAGEAND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO PROHIBIT THE USE OF TRASH CANS AND OTHER NON -DISPOSABLE RECEPTACLES WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 181-6 on its first reading. City Attorney, Darrin Coker, stated that we have held a workshop on this issue, and at that time we received a directive from Council to proceed and prohibit trash cans within the City limits. This ordinance will require all residents in the city limits to use disposable trash bags and prohibits the use of trash cans. He also stated that Waste Management is willing to work with the residents and have a grace period. Waste Management will put fliers on the trash cans to inform the residents of the change. He further stated that this ordinance stipulates that every household will be assessed a fee for the collection and disposal of garbage, whether the service is used or not. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Page 11 of 19 - 4/12/1999 059: COUNCIL ACTION - RESOLUTION NO. R99-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AMEND THE CONTRACT WITH MONTGOMERY-WATSON ENGINEERING FOR DESIGN OF THE FM 518 WATER MAIN EXTENSION AND WATER INTERCONNECT WITH THE CITY OF HOUSTON. �— Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-28. Sr. Project Manager, Alan Mueller, stated that this an engineering contract for two waterline extensions within the City. This is a "housekeeping" matter that we need to take care of to make sure we are complying with the grant. The other item that is in the amendment is $183,500 which is for special services under the engineering contract. The project will be funded from a portion of the economic development administration grant and the local share is funded through a revenue bond issue supported from the impact fee fund. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-27- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING A MAJOR LEGISLATIVE INITIATIVE FOR THE 76TH LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE INTEGRATED STATE RECREATION AND PARK SYSTEM. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-27. Parks and Recreation Director, Ed Hersh, stated that this was a great opportunity that came out of Brazoria County Days last month. The legislature is being encouraged to expand funding for local park and recreation programs and development. The adoption of this support resolution will not cost the City anything. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Page 12 of 19 - 4/12/1999 Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - AWARD OF BID NO. 98-010 FOR LAPTOPS Councilmember Seeger made the motion, seconded by Councilmember Berger, to award Bid No. 98-10, to Allstar Systems, Houston, Texas in the unit amount of $2,518 for Laptop Computers for the Police Department. Purchasing Officer Gordon Island reviewed the bids received for laptop computers for the police department to use in the field and recommended that B98-10 be awarded to Allstar Systems, Houston, Texas for a twelve month supply contract, with, the option to extend it for an additional twelve months for the unit price of $2,518 each. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R99-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER y OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF TEXAS CITY ALLOWING TEXAS CITY TO ENGAGE THE SERVICES OF ALLSTAR, INC. IN A SIMILAR MANNER AS PROVIDED TO THE CITY OF PEARLAND. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-31. Purchasing Officer, Gordon Island, stated that this resolution will allow the City of Texas City to participate in the cooperative buying program and give them the same opportunity to have good unit pricing for the laptop computers for their police department. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Page 13 of 19 - 4/12/1999 060 061 Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-295 - 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 2.4988 ACRES OUT OF LOT 13, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A- 219, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 661) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ATTHE REQUEST OF WEIMAR CONSTRUCTION COMPANY, 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 table Ordinance No. 509-295 (Application No. 661) on its first reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-296 - 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 0.0505 ACRES OUT OF A 10 ACRE TRACT IN THE SOUTH '/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 315) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF KEITH SANDERS, 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 14 of 19 - 4/12/1999 662 Councilmember Berger made the motion, seconded.,by Mayor Pro -Tem Wilkins, to table Ordinance No. 509-296 (Application No. 315) on its first reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-297 - 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 2.0 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R. CO. SURVEY, A-546, A.K.A TRACT 7131, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 575)(15910 HARKEY ROAD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF CHARLES R. UPSHAW & PAUL MULCAHEY, OWNERS, 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. r-- Councilmember Seeger made the motion, seconded by Councilmember Berger, to table Ordinance No. 509-297 (Application No. 575) on its first reading. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-298 - 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 35.0 ACRES IN THE T.J. GREEN & T.D. YOCUM Page 15 of 19 - 4/12/1999 X63 SURVEY, & 9.8895 ACRES OUT OF THE W.J. DISSEN 47.79 ACRE TRACT, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 641) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) AND GENERAL BUSINESS (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF FROST PROPERTIES, LTD., 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-298 (Application No. 641) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 641. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-299 - 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 2A, SHARONDALE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-546, BEING APPROXIMATELY 0.533 ACRES, AS RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 589) (16230 HARKEY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOHN L. COLE, 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 Tetens, to Table Ordinance No. 509-299 (Application No. 589) on its first reading. Page 16 of 19 - 4/12/1999 664 Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-300 - 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 4.89 ACRES OUT OF TRACT 16A, M.T. & B.R.R. CO. SURVEY, A-234, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 588) (13445 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF JOHN L. COLE, 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 Mayor Pro -Tem Wilkins, to table Ordinance No. 509-300 (Application No. 588) on its first reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-301 - 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. 481, 568, 572, 580, 609,610,623,& 696) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE Page 17 of 19 - 4/12/1999 065. 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 Tetens, to approve Ordinance No. 509-301 (Application Nos. 481,568,572,580,609,610,623, & 696) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 481,568,572,580,609,610,623, & 696. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 584) AT THE REQUEST OF CHARLES P. SLACK, OWNER, FOR AN AMENDMENT TO THE LAND USEAND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) & NEIGHBORHOOD SERVICES DISTRICT (NS) TO GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: BEING 1.91 ACRES, MORE OR LESS, OUT OF THE W.D.C. HALL LEAGUE, A-70, RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, (2105 E. BROADWAY). Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 584. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 584). Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Page 18 of 19 - 4/12/1999 Voting "No" None. 066 Motion Passed 4 to 0, with Councilmember Beckman absent. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 10:34 p.m. h Minutes approved as submitted and/or corrected this � the day of A.D. , 1999. Tom Reid ATTEST: Mayor Page 19 of 19 - 4/12/1999 X90 THIS PAGE LEFT INTENTIONALLY BLANK