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1999-08-23 CITY COUNCIL REGULAR MEETING MINUTES057 - MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON AUGUST 23, 1999, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3619 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid William Berger Helen Beckman Richard Tetens Larry Wilkins Klaus Seeger Glen Erwin Darrin Coker Young Lorfing Others in attendance: Sr. Project Manager Alan Mueller; Police Chief J.C. Doyle; City Engineer John Hargrove; Executive Director P.E.D.0 Mike Chance; Planning and Community Development Director Dennis Smith; Director of Finance David Castillo; Parks & Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Public Works Director Jerry Burns; Project Manager Michael Ross; Utility Accounts Supervisor Missy Miller; Purchasing Officer Gordon Island; Assistant Fire Marshal Bob Bratz; Superintendent -W & S Production/Treatment Bobby Whisenant; Building Inspector Randy Patro. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Wilkins, and the Pledge of Allegiance was led by Mayor Pro -Tem Berger. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the August 9, 1999, Joint Public Hearing held at 6:30 p.m.; minutes of the August 9, 1999, Public Hearing held at 6:30 p.m.; minutes of the August 9, 1999, Regular Council Meeting held at 7:30 p.m.; minutes of the August 16, 1999, Special Meeting held at 7:00 p.m. Page 1 of 16 - 8/23/1999 Vo i g "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid reported that in the Year 2000 it will be time to do a census and he explained how important that will be that everyone being counted. Mayor Reid encouraged everyone to pass the word around regarding the importance of this census and Texas needs a total count for the 2000 Census. Mayor Reid further reported on August 10 he attended the Workshop at the Commissioners Court on TIRZ No. 2, the Chambers Open House for Union Planters Bank, and the T.N.R.C.C. Hearing on Southwest plant discharge; August 11 he attended BDD #4 Meeting on TIRZ No. 2, The Chamber Committee Meeting, and the Adult Reading's Board Meeting; August 12 he attended the Chamber Luncheon, the Census Committee Meeting, and the Brazoria County Mobility Task Force Meeting; August 13 he attended the Chamber Breakfast, the P.E.D.C. Ground Breaking , and the August 13-14 he attended the TML Region 14 Annual Meeting; August 16 he attended the Council Workshop; August 17 he attended the HGAC Board Meeting; August 18 he attended the PAID Meeting; August 19 he attended the Pasadena Chamber Luncheon, the Gulf Coast Water Authority Meeting, and the Harris County Mayor/Council Association Meeting. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended numerous meetings regarding the Shadow Creek Ranch Project TIRZ No. 2, the Adult Board Reading Center Meeting, and the Brazoria County Cities Association Meeting. She also reported that she attended the Leadership Council Meeting and the Infrastructure Meeting. Councilmember Tetens reported that he attended the Harris County Mayors and Councils Meeting that was held in Webster. Mayor Pro -Tem Berger passed on his report. Councilmember Wilkins commended the Parks and Recreation Director Ed Hersh and his Staff for a great outdoor concert series this year. Councilmember Wilkins commented, now Page 2 of 16 - 8/23/1999 039- that 39- that the new Library Building is about complete he would like to seethe new Independence Park Project started. Councilmember Seeger stated that he did not have anything to report at this time. CITY MANAGER'S REPORT City Manager, Glen Erwin, reported thatthe City did open the Emergency Operation Center at 4:00 p.m. on Sunday and monitored Hurricane Brad throughout the day and closed the EOC at was closed 5:00 p.m. once it was determined that the hurricane was not a threat to Pearland. Mr. Erwin thanked all of the Staff members that participated with the opening of the EOC, and further stated that the City was prepared for whatever would have come our way. He also reported on the ground breaking that the P.E.D.C. had for an Office Warehouse Park on Mykawa just south and adjacent to the Texas Honing operation. He further reported this will give the P.E.D.C. some office warehouse inventory that we presently don't have. CITIZENS Jesse Parker, 5211 Jacquelyn, addressed Council and stated that he is total disagreement with the engineering survey that was made regarding the boundary lines of the ditch in Regency Park. In closing Mr. Parker invited the Council to stop by and take a look at the ditch. C.D. Anderson, 3215 Jacquelyn, addressed Council and regarding a letterthat he had sent to the City regarding the problems he was having with the ditch behind his house. Mr. Anderson went into detail of why he feels the ditch has not been constructed in the proper place. Andy and Gwen Noseg, 3340 E. Walnut, addressed Council and stated that they were concerned about the conditions of the bicycle lanes. They asked if the City could clean the bicycle lanes so they will be cleared of debris. Renee West, 2401 Country Club, extended an invitation to the Mayor, Council, Staff, and Citizens of Pearland to celebrate the Grand Opening of the First Community Bank Building in front West Oaks Subdivision on Friday, August 27, 1999 from 5:30 to 8:30 p.m. It will be a Gala Event and everyone is welcome to attend. Page 3 of 16 - 8/23/1999 MI DOCKETED PUBLIC HEARINGS: None CONSENT AGENDA: Councilmember Beckman requested that Item C. Ordinance No. 509-C be removed from the Consent Agenda, A. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO.643-1-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 30'Y2, ENTITLED VEHICLES FOR HIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. B. CONSIDERATION AND POSSIBLEACTION SECONDAND FINAL READING OF ORDINANCE NO. 643-2 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER OF THE CITY OF PEARLAND CODE OF ORDINANCES, CHAPTER 32, TO BE ENTITLED, TAXICABS, ESTABLISHING MINIMUM STANDARDSAND REQUIREMENTS FOR THE OPERATION OF TAXICAB SERVICES WITHIN THE CITY; DEFINING TERMS; REQUIRING PERMITS; REQUIRING INSURANCE; ESTABLISHING FEES; REGULATING FARES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. D. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL OF ORDINANCE NO. 509-314 -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. 758, 760, 764, 765, 766, 769, 772 & 778) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FORAN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS Page 4 of 16 - 8/23/1999 T-41 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. 509-315 - 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. 738, 739, 740, 741, 748, & 754) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FORAN 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. 543-1,543-2,509-314,and 509-315 on their second and final reading as presented on the Consent Agenda excepting Item C. Ordinance No. 509-C. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA C. CONSIDERATION AND POSSIBLEACTION SECONDAND FINAL READING OF ORDINANCE NO. 509-C - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22, SIGNS, OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY RENUMBERING SECTION 22.18, APPLICATION TO EXTRATERRITORIAL JURISDICTION (ET) TO SECTION 22.19, AND ADDING A NEW SECTION 22.18 TO BE ENTITLED USE OF BANNERS, TO REGULATE THE USE OF BANNERS IN THE CITY AND Page 5 of 16 - 8/23/1999 .... 9949 ACHIEVE A PROPER BALANCE BETWEEN AESTHETIC CONSIDERATIONS AND THE NEED OF BUSINESSES FOR ADVERTISEMENT; AND 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 Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-C on its second and final reading. There was lengthy discussion among the Council regarding Ordinance No. 509-C. After the discussion it was recommended that the original permit fee of $25 be reduced to $10 and the number of events to 14 instead of 12, with the enforcement date starting November 1, 1999. City Attorney, Darrin Coker, stated that he would recommend that City educate everyone on the new banner ordinance before the City starts enforcing it. Mayor Reid recommended that November 1, 1999 would be an appropriate date to start the enforcement. Councilmember Beckman also addressed a letter that she had received from Erin Steele regarding banners for non-profit organization. There was also discussion regarding nonprofit organizations. After that discussion it was recommended that the ordinance remain the same for non-profit organizations. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to amend Ordinance No. 509-C to reflect the permit fee to $10 instead $25, a limit 14 events instead of 12. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called a vote on Ordinance No. 509-C as amended. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Page 6 of 16 - 8/23/1999 Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS XI. NEW BUSINESS .043. SECOND AND FINAL READING OF ORDINANCE NO. 918 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLANAS APPROVED BY THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO.2 ("TIRZ"), CITY OF PEARLAND, TEXAS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING FINDINGSAND PROVISIONS RELATEDTOTHE FOREGOING SUBJECT, Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 918 on its second and final reading. City Manager, Glen Erwin stated that the Council has received the updated copies of both of these plans, and Sr. Project Manager Alan Mueller will address them. Sr. Project Manager, Alan Mueller, stated that the TIRZ Board adopted the plan and recommended its adoption by the City Council. Lynn Humpries, with Vinson & Elkins went through the plan page by page addressing the changes that had been made to the plan. There was additional discussion among Council, Staff, Consultants, and Gary Cook with Shadow Creek Ranch Development Company regarding the changes that had been made to the plan. After the discussion Mayor Reid called for a vote on the original motion to adopt Ordinance No. 918 on its second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" Councilmember Wilkins. Page 7 of 16 - 8/23/1999 4-04,1 Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R99-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DELAYING AND POSTPONING THE ISSUANCE OF THE CITY'S WATERAND SEWER SYSTEM REVENUE BONDS, SERIES 1999, UNTIL SEPTEMBER 13, 1999. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R99-60. City Manager, Glen Erwin, stated that this is the $8 million water and sewer revenue bonds that have been discussed in the past and we are asking this action be delayed until September 13, 1999. Sr. Project Manager, Alan Mueller, stated that the City had passed a resolution to advertise for the sale of the bonds this evening. The bonds as discussed will be sold as variable rate bonds. The Bond Counsel has been working out all of the details with the Attorney General's Office and are still trying to get all of the language in the correct form as required. Therefore, it has been requested that this action be postponed to the next regular meeting in September. Since, it has been advertised and posted that the City was awarding the bonds this evening, it is necessary to adopt this resolution to notify everyone that this action is being postponed until September 13, 1999. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-61- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING THE AMENDED COOPERATION AGREEMENT BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY FOR THE CITY'S PARTICIPATION IN THE BRAZORIA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R99-61. Page 8 of 16 - 8/23/1999 .a 45 City Manager, Glen Erwin, stated that these are changes that were recommended by the Housing and Urban Development Group. Grants Coordinator, Chris Kidwell, gave a brief overview of the changes in the agreement. The changes reflect that the City will not be eligible to apply Community Block Grant funding for Home Funds through the State's Program because the City is signing on with the Brazoria County Program. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 919 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 919 on its first reading. City Manager, Glen Erwin, stated that the City has held its Workshops discussing the budget. The City had the public hearing as required by the Charter, and we are asking that the Council adopt the budget for Fiscal Year 1999-2000. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 920 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1999, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 920 on its first reading, reflecting the ad valorem property tax rate of $0.6950 on each One Hundred Dollars ($100.00) valuation of property and Page 9 of 16 - 8/23/1999 046 apportioned as $0.4400 for the maintenance and support of the General Fund and the sum of $0.2550 for the Interest and Sinking Fund. City Manager, Glen Erwin, stated the Council just passed the item that establishes the City's budget on its first reading. This ordinance, if adopted will allow the City to fund the budget that was just approved. Mr. Erwin also stated there is no increase to the property tax rate. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 921 - 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 (EAST OF COUNTY ROAD 48 AND NORTH OF COUNTY ROAD 59); 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 Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 921 on its first reading. City Manager, Glen Erwin, stated that the next three items pertain to the annexations that the Council has discussed in the past. Sr. Project Manager, Alan Mueller, stated that the City has had the two required Public Hearings as advertised in the City's official newspaper as required by law, and the City also sent out direct mail notices to those individuals that would be included in the annexations. Mr. Mueller stated that the correct sealed legal description is attached to each of these ordinances Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. Page 10 of 16 - 8/23/1999 I FIRST READING OF ORDINANCE NO. 922 - 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 (SOUTH OF BELTWAY 8 ALONG STATE HIGHWAY 288); 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. FIRST READING OF ORDINANCE NO. 923 - 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 (WEST OF FM 1128 AT FITE ROAD); 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 Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 922 on its first reading. Mike Plank, 3330 S. Sam Houston Parkway East, President of Speed Shore Corporation, addressed Council and stated his concerns regarding the possible annexation of his property into the City of Pearland. Mr. Plank stated that he had worked with John Bowman who was previously employed by the Pearland Economic Development Corporation at the time that his business decided to build in the City of Pearland's Extraterritorial Jurisdiction. Mr. Plank gave a brief history of his decision to locate off of Beltway 8, and assumed his firm would be without City taxation. He further stated that he all but received a written commitment from John Bowman with the P.E.D.C., which was his only contact at the time, and it was his understanding that the City would not be annexing his property within the City for five years. He also gave an overview of other developments in the same area. He said that it was also his understanding that since at the time they were not within the City limits, they could not seek tax abatement. Mr. Plank said that he is sorry that he had missed the Annexation Public Hearing. He had received a letter from the City, but opened it a day after the Public Hearing. Mr. Plank further voiced his concerns about being annexed at this time, and asked for reconsideration as too not being annexing at this time, and the possibility of creating an Industrial Zone. John Bowman, 1422 Pine Forest Drive, addressed Council and stated that he was surprised when he was contacted by Mike Plank last week, because he was not aware that the City would be annexing the east side of Highway 288. Mr. Bowman gave a brief Page 11 of 16 - 8/23/1999 048 history of the his meetings with Mr. Plank, when he served as the Assistant Executive Director of the P.E.D.C. regarding the development of this property. Mr. Bowman stated that after he had met with the owners regarding the development of this property he always shared the information with Glen Erwin, P.E.D.C. Executive Director of what had been discussed. Mr. Bowman further stated that he had asked if he could research the possibility of establishing Industrial District in this area. He also stated that he did assure them that the City would not annex them immediately and, informally told the Staff not to annex them for a five-year period. He said he did receive any indication that this would be a problem. He further discussed his discussions with Industrial Polymers. Mr. Bowman said that Pearland has been a "business friendly" City and it is his recommendation is to rethink this and possibly go west of Hwy. 288 like it is proposed, and to leave these businesses alone. David Boddie, 1405 Blueberry Lane, addressed Council and stated that he is representing Industrial Polymers Corporation. He said that Mr. Plank and Mr. Bowman has done a good job of explaining their position. He gave a overview of his current project. Mr. Boddie said he was attracted to Pearland because it is a "business friendly" environment and Mr. Bowman aggressively recruited them to be in the Pearland area. He said his firm would contribute quality jobs to the community. Mr. Boddie stated that he hoped that the City Council could give them some consideration for their good faith, and the faith they have placed in Pearland. I n closing he stated they do want to be part of the Pearland Community. Mayor Pro -Tem Berger stated that it is his understanding that this annexation is part of Council's Goals, and by annexing this very valuable land, the City will be able to control the type of growth along prime property on Beltway 8. City Manager, Glen Erwin, stated that it takes long periods of time to develop Industrial District Contracts, and he is not sure if these types of industries would qualify to be a Industrial District participate, and it could not be done in a week. Councilmember Tetens stated that the City needs to look at something in order to help these businesses that we are proposing to annex. Mr. Bowman at the time was part of the City Staff, and his and the City's commitment should be looked at. City Attorney, Darrin Coker, stated that the second readings of these ordinances is schedule for a Special Meeting, and that is not allowed by the Charter. Therefore, it is his recommendation to table these ordinances. They can be addressed at the August 30, 1999 Special Meeting. The Charter does permit the adoption of ordinances as long as Page 12 of 16 - 8/23/1999 the ordinance is an emergency, and the emergency clause can be added to these ordinances. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to table Ordinance No. 922 and Ordinance No 923 on their first reading. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION -AWARD OF BID NO. 99-081 FOR WATER TREATING CHEMICALS. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to award Bid No. B99-081 for Water Treating Chemicals to DXI Industries, Houston, Texas for Chlorine in the amount of 1501b cylinders at $.2883 lb, and Chlorine 1 ton cylinders at $.1415 Ib; AOC, Harlingen, Texas for Sulfur Dioxide 1 ton cylinders at $ .21 Ib; Armstrong Water Technology, Houston, Texas for Polymer 55 gallon drum at $8.55 gal.; Napco Chemical Company, Houston, Texas for Polyphosphate bulk tank at $ 8.01 gal. City Manager, Glen Erwin, stated that these are items that we use on a regular basis and we bid this items out so we could get a secure price for an extended period of time which will save the City money. Purchasing Officer, Gordon Island, reviewed the bids received for the Water Treating Chemicals Bid No. B99-081 and recommended that the bid be awarded to DXI Industries, Houston, Texas for Chlorine in the amount of 1501b cylinders at $.2883 Ib, and Chlorine 1 ton cylinders at $.1415 Ib; AOC, Harlingen, Texas for Sulfur Dioxide 1 ton cylinders at $ .21 Ib; Armstrong Water Technology, Houston, Texas for Polymer 55 gallon drum at $8.55 gal.; Napco Chemical Company, Houston, Texas for Polyphosphate bulk tank at $ 8.01 gal. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. Page 13 of 16 - 8/23/1999 W, U 050, FIRST READING OF ORDINANCE NO. 181- 7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 12, GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 12-32 TO REGULATE GARBAGE COLLECTION IN MOBILE HOME PARKS AND TO ASSESS CHARGES THEREFOR; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Seeger made the motion, seconded by Councilmember Seeger to approve Ordinance No. 181-7 on its first reading. City Manager, Glen Erwin, stated that this is a project the City has been working on for sometime, trying to figure how to assess the charges for these services. City Attorney, Darrin Coker, stated that is for Mobile Home Parks. This ordinance designates the mobile home park owner of record to be charged for garbage service as opposed to the individuals renting the spaces. Due to the turn over in a mobile home park the services are being used but not payed for, therefore, creating a large number of delinquent accounts. With this action it will hold the owner of the mobile home park responsible for the payment of the garbage service, and will also centralize the collection fee process for the service. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF VILLAGE OF EDGEWATER ESTATES SECTION FOUR. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to accept Village of Edgewater Estates, Section Four Subdivision. City Engineer, John Hargrove, addressed Council and stated that includes 48 lots and the only thing left now is the other side of North Fork Drive . Mr. Hargrove recommended its acceptance. Page 14 of 16 - 8/23/1999 Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:46 p.m. p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 -CONSULTATION WITH THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE FINDINGS OF THE INDEPENDENT INVESTIGATION. Council returned from Executive Session at 11:05 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE FINDINGS OF THE INDEPENDENT INVESTIGATION. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to authorize the Independent Investigator to proceed with phase 2 of the investigation including, but not limited to, the consultation with the Brazoria County District Attorney's Office. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 15 of 16 - 8/23/1999 05-1 05? ADJOURNMENT Meeting was adjourned at 11:07p.m Minutes approved as submitted and/or corrected this 13th the day of A.D. September, 1999. L4'-'V- Tom Reid ATTEST: Mayor Page 16 of 16 - 8/23/1999