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1997-09-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 22, 1997, 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 Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Larry Wilkins Kevin Cole William Berger Richard Tetens Paul Grohman Amy McCullough Young Lorfing 0 f, Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Grants Director Janet Berry, Planning and Community Development Director Dennis Smith; Parks and Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Emergency Management Director David Smith; and Advanced Intern Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Mayor Pro -Tem Beckman. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve the minutes of the Joint Public Hearing at 6:30 p.m.; Public Hearing at 6:30 p.m.; Public Hearing at 7:00 p.m.; and the Regular Council Meeting at 7:30 p.m. held on September 8, 1997. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT Page 1 of 14 - 9/22 Mayor Reid stated that we are very proud of the local organizations that work very hard and diligently in public service working for our local charities. Mayor Reid asked Councilmember Wilkins and other members of the Knights of Columbus to join him on the floor of the Council Chambers to receive a Proclamation, proclaiming, Saturday, October 11, 1997, Knights of Columbus Day for Texas Charities. Mayor Reid stated he attended the Pearland Economic Development Quarterly Forum; he also attended the presentation of a Proclamation, from the City of Houston, by Councilmember Robb Todd, to the Chamber regarding "Salute to Industry"; and on September 17 - 19 he attended the Texas Association of Regional Government Annual Meeting. COUNCIL'S ACTIVITY REPORTS: Councilmember Wilkins stated that he wanted to brag about the Knight of Columbus. One of the many charities the Knights of Columbus is involved in is the Deaf Charity. He said that in his family there is a lot of hearing loss. His sister was born profoundly deaf, and in her younger years she was able to benefit from the Knight of Columbus Charities. Councilmember Wilkins also stated that he has a personal feeling toward the Knights of Columbus because of all that they have done. He said he is a Third Degree Knight, and the charity benefits they conduct are very worth while. Councilmember Tetens stated that on September 17, night he attended the Brazoria Counties Cities Association Meeting in Oyster Creek and had a good meeting. Mayor Pro -Tem Beckman stated that on September 10 she attended Pearland Economic Development Quarterly Forum; September 11 she attended the United Way Kick Off Luncheon in Angleton, and encourages contributions to the United Way; September 16, she attended the Planning Committee Meeting for the Governor's Landscape Award and that evening she attended the Adult Reading Center's Citizenship Reception; September 17, she attended the B.C.C.A. Meeting in Oyster Creek and received an attendance award for the City of Pearland; September 18 she participated in the Ground Breaking Ceremony of Eagle Lift Trucks; September 19 attended the Clear Lake Transportation Partnership Committee Meeting; and on September 20 the Citizen Police Academy had a blood drive in front of Wal-Mart; she also stated that one of the things the Transportation Committee has done is initiate a study on designated hazardous material routes and the two routes they are considering is Highway 35 and FM 518; she encouraged everyone to attend the Clear Creek Drainage Project Meeting that will be held on September 23, 1997, at Friendswood High School. Councilmember Berger said everything has been covered and he does not have anything Page 2 of 14 - 9/22 to report at this time. Councilmember Cole stated he also attended the Quarterly Meeting with the PEDC; he also invited everyone to attend the Clear Creek Project Meeting and said that we need good representation from our citizens. CITY MANAGER'S REPORT: City Manager, Paul Grohman, reminded everyone that the Pearland Hobby Chamber's and the Pearland Economic Development Corporation's annual Salute to Industry Celebration will be October 1, 1997. City Manager, Grohman stated that the John Lizer Bridge is now open. He also stated that we are experiencing a subtropical system, which has rains every thirty minutes, and at this time we have not had any flooding problems. Mr. Grohman gave an update on the Library Project. CITIZEN'S: None. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 820 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE 11, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Councilmember Wilkins made the motion, seconded by Councilmember Cole to approve Ordinance No. 820 on its second and final reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney, Amy McCullough, informed Council that Ordinance No. 509-163 (Application 216) and Ordinance No. 509-164 (Application 217) could be acted upon Page 3 of 14 - 9/22 together. SECOND AND FINAL READING OF ORDINANCE NO. 509-163 - 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 LOT 23 IN THE ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN GARDENS SUBDIVISION OF SECTION 8 OF THE H.T.& B.R.R. SURVEY A-504, RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (5523 BROADWAY) (APPLICATION NO. 216) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JO MAPLES, AGENT FOR BILLY E. HOLLY, 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. SECOND AND FINAL READING OF ORDINANCE NO. 509-164 - 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 ALL OF LOTS 28 AND 30 AND PART OF LOT 29 IN THE WESTCHESTER ESTATES SUBDIVISION OUT OF H.T.&B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 217) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF GLENN McDOWELL, BROOKS & SPARKS, INC. AGENT FOR EDWIN H. HARRIS, SR., EDWIN H. HARRIS JR., AND MATILYN LOUISE BULLARD 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 Councilmember Wilkins to approve Ordinance No. 509-163 (Application 216) and Ordinance No. 509-164 (Application 217) on their second and final reading. Mayor Reid called for the vote on ordinance 509-163 (application No. 216) pursuant to the previous motion. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Page 4 of 14 - 9/22 Motion passed 5 to 0. Mayor Reid called for the vote on ordinance 509-164 (application No. 217) pursuant to the previous motion. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT FOR A MANUFACTURED HOME TO BE USED AS AN OFFICE IN A LIGHT INDUSTRIAL ZONE (M-1) ON THE FOLLOWING PROPERTY, TO - WIT: 1.384 ACRES OUT OF LOT 35, H.T.&B.R.R. COMPANY SURVEY NUMBER 4, A- 545, BRAZORIA COUNTY, TEXAS. (4901 SHANK ROAD) (SPECIFIC USE PERMIT NO. 56) AT THE REQUEST OF CAROLYN SMITH, AGENT FOR ALL STATE VACUUM SERVICE 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 Beckman made the motion, seconded by Councilmember Tetens to approve Ordinance No. 509-165 (Specific Use Permit No. 56) on its second and final reading. Voting "Aye" Counciimembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS: FIRST AND ONLY READING OF ORDINANCE NO. 821 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN Page 5 of 14 - 9/22 EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY BOUNDARIES BETWEEN ADJACENT MUNICIPALITIES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to approve Ordinance No. 821 on its first and only reading. City Manager, Paul Grohman, stated that approximately one year ago the City annexed property off of the Highway 288 Corridor that included an old Municipal Utility District as the law dictated. The Mayor of Manvel has approached our Mayor and advised that we have annexed into their territory, which our survey did not show. Mr. Grohman stated that Manvel does have two ten foot strips in the same area that did not appear on the surveys. Mr. Grohman said the property does not have any value to the City and recommends this disannexation. However, he said we have added one caveat asking the Council to go forty foot further to deannex County Road 59. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 450-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Cole made the motion, seconded by Councilmember Tetens to approve Ordinance No. 450-21 on its first reading. Police Chief, Mike Hogg, stated this is the Ordinance that is adopted annually, at budget time, establishing the classifications for employees and their rate of pay. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Page 6 of 14 - 9/22 Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE URBAN FORESTRY PUBLIC OUTREACH GRANT AGREEMENT AND ALL OTHER DOCUMENTS ASSOCIATED WITH THE PUBLIC OUTREACH CHALLENGE GRANT PROGRAM NECESSARY TO FACILITATE SAID GRANT AGREEMENT; AND COMMITTING $15,000.00 THROUGH CASH DONATIONS AS DESCRIBED IN THE GRANT APPLICATION. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Resolution No. R97-56. Grants Director, Janet Berry, stated that this is the second year we have applied for this grant. Last year we received funding for a part time position, and this year we were awarded $15,000 for a full time Urban Forester position. The grant requires that the City match the grant at 50%. City Manager, Paul Grohman, stated that this position for an Urban Forester will be more of the enforcement and landscape activities. He also stated that this position was mentioned in the budget, and in the event that we received this grant the position would be funded. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 822 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC PROJECT TO CONSTRUCT, OPERATE, AND MAINTAIN A MAJOR THOROUGHFARE BETWEEN MYKAWA AND STATE HIGHWAY 35 (MAIN STREET) INCLUDING BUT NOT LIMITED TO AN OVERPASS OVER BURLINGTON NORTHERN SANTA FE RAILROAD ("BNSF RAILROAD").AND HICKORY SLOUGH WHICH AUTHORIZES THE PEDC STAFF AND OTHER CITY OFFICIALS, OR THEIR DESIGNEES, TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN PROPERTY Page 7 of 14 - 9/22 LOCATED WITHIN THE CITY BY GRANT, DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN AND MAKES VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROVIDE THOROUGHFARES INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Tetens made the motion, seconded by Councilmember Cole to approve Ordinance No. 822 on its first and only reading. City Attorney, Amy McCullough, stated that this is more less a formality. The PEDC Board has the eminent domain authority so long as the governing body authorizes that action. She said the PEDC Board is now in a position to began negotiations for the acquisition of property, for the Mykawa Overpass, and in accordance with State Law, the Council must authorize that activity. She also said the PEDC has passed a Resolution so they can take action pending Council's approval of the Ordinance. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney, Amy McCullough, informed Council that Agenda Items No. 5 & 6 could be acted upon together. COUNCIL ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SUPPLEMENTAL AGREEMENT WITH HTE, INC. FOR PURPOSES OF UPGRADING AND CONVERTING THE CITY HALL FINANCE, UTILITY BILLING, FLEET MANAGEMENT, AND MUNICIPAL COURT COMPUTER SYSTEMS, NOT TO EXCEED $86,500.00, SUBJECT TO NECESSARY FINANCING. COUNCIL ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE A COMPUTER SYSTEM FOR THE PARKS AND RECREATION DEPARTMENT FOR PURPOSES OF IMPLEMENTING A REGISTRATION DATA PROGRAM INCLUDING BUT NOT LIMITED TO HARDWARE, SOFTWARE, AND TRAINING, IN AN AMOUNT NOT TO EXCEED $45,000.00, SUBJECT TO NECESSARY FINANCING. Page 8 of 14 - 9/22 it 118 _rye. , Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to authorize the City Manager or his designee to enter into a supplemental agreement with H.T.E. Inc., for the purposes of upgrading and converting the City Hall Finance, Utility Billing, Fleet Management, and Municipal Court Computer Systems, not to exceed $86,500, subject to the necessary financing and to purchase a computer system for the Parks and Recreation Department for purposes of implementing a registration date program including but not limited to hardware, software, and training, in an amount not exceed $45,000 subject to the necessary financing. City Manager, Paul Grohman, stated this would expand our Computer System in Utility Billing as well as add a Fleet Management package and the Municipal Court package. He said H.T.E. offered a 20% discount if we buy the software this fiscal year, a savings of $15,000 to $18,000. He also said the second issue is a companion which is the automated software for the Parks Department. Which will allow us an automated response on classes. Mr. Grohman stated the Parks Department has moved from a 250 enrollment in 1992 to about 8,000 which is a forty fold increase. He said this system will increase the efficiency on the enrollment of the classes. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 637-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 637, WHICH ADOPTED THE CITY'S FRANCHISE AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY, FOR PURPOSES OF EXTENDING SAID FRANCHISE AGREEMENT FOR A PERIOD OF ONE (1) YEAR; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance No. 637-1 on its first reading. City Manager, Paul Grohman, stated that we are asking for a one year roll over of the franchise agreement. He said the last five year franchise agreement expires October 1, 1997, and we want to see where the market place is moving. There has been a lot of movement in the last 12 months and telephone companies are now providing cable and various other services. He further stated that the staff feels we can better serve with the one year window before we enter into a long term contract. Mr. Grohman also said Page 9 of 14 - 9/22 on page one of the Ordinance there is a clause that they cannot pay us less than last year, which is approximately $110,000 to $120,000. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 823 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCEAND NECESSITY FORA PUBLIC PROJECTTO EXTEND ROADWAYS AND UTILITY SERVICES; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY AS THE PROVISION OF ADEQUATE ROADWAYS AND UTILITY SERVICES BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Cole made the motion, seconded by Councilmember Tetens to approve Ordinance No. 823 on its first and only reading. Project Manager, Alan Mueller, presented the location of the subject of this Ordinance. He stated that there are six tracts that start at Cottonwood and are along the west side of Harkey Road. He said ultimately the tracts are needed for the widening of Harkey Road, and in the short term, the tracts are needed in order to construct a water main along Harkey Road that will service the general vicinity, but also the Ravenwood Area as well as West Lea. He recommends that Council go ahead and purchase the right of way for the road so it can be used for a water line at this time. City Attorney, Amy McCullough, stated that the City does have eminent domain authority in our E.T.J. She also stated that this Ordinance is the foundation to acquire the property. We hope we don't have to acquire it by eminent domain but this does lay the foundation in that event. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. Page 10 of 14 - 9/22 FIRST READING OF ORDINANCE NO. 509-166 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 LOT 7, BLOCK 3, SECTION 2 OF THE 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 IN BRAZORIA COUNTY, TEXAS (2628 LAZY BEND STREET) (APPLICATION 224) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MARK & ROBYN SMITH, 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 Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinance No. 509-166 (Application No. 224) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 224). Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 138) AT THE REQUEST OF LINDA A. HALSEY, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI -FAMILY DWELLING DISTRICT (MF) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: 1.285 ACRES OUT OF LOTS 10 & 11 OF A PARTITION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 15, H.T.&B.R.R. COMPANY SURVEY, A-241, BRAZORIA COUNTY, TEXAS. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to accept the recommendation of the Planning and Zoning Commission to deny Application No. 138. Page 11 of 14 - 9/22 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 138). Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B97-12, GROUP LIFE INSURANCE AND MEDICAUDENTAL HEALTH PROTECTION PLAN FOR CITY OF PEARLAND EMPLOYEES. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to discuss the awarding of B97-12, Medical and Life Insurance for the employees. City Manager, Paul Grohman, stated that we are not prepared to make a recommendation to Council, as he wants to get more information to Council. He also stated that our current insurance representative, Marilynn Patterson, was in the audience and has been with TML several years. Mr. Grohman said he keeps seeing our costs rise and we are doing things more diligently than most of our sister cities, such as pre- screen health physical, no smoke environment, drug screening and other things that we do to save money. There was lengthy conversation between City Manager Grohman and the Councilmembers regarding insurance coverage for the City employees, after which Councilmember Berger stated he would make the motion to stay with TML. Mayor Pro -Tem Beckman stated that there was a motion on the floor to consider. She further stated that she would accept an amendment to her motion. Councilmember Berger stated he would move to amend the motion to stay with TML for the fiscal year 1997-98, and that all bids are being rejected. Mayor Pro -Tem Beckman said she would accept the amendment to her original motion, and Councilmember Cole said he will amend his second. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None. Motion passed 5 to 0. Page 12 of 14 - 9/22 1117 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session under Texas Government Code at 9:42 p.m. to discuss the following: 1. SECTION 551.072 - DISCUSSION REGARDING ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION AND/OR EXPANSION OF PUBLIC SAFETY AND CITY SERVICE FACILITIES. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING FRANCHISE FEES. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING ANNEXATION. 4. SECTION 551.072 - DISCUSSION REGARDING ACQUISITION OF REAL PROPERTY LOCATED ALONG BELTWAY 8 AT MYKAWA. Council returned from Executive Session at 10:45 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION -ADDITIONAL DIRECTION TO STAFF REGARDING ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION AND/OR EXPANSION OF PUBLIC SAFETY AND CITY SERVICE FACILITIES. Councilmember Cole made the motion, seconded by Councilmember Tetens to give additional direction to Staff regarding the acquisition of real property for the construction and/or expansion of Public Safety and City Service Facilities as directed in Executive Session. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. Page 13 of 14 - 9/22 COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING FRANCHISE FEES. No Council action taken. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION INVOLVING ANNEXATION. No Council action taken. COUNCIL ACTION - DIRECTION TO STAFF REGARDING ACQUISITION OF REAL PROPERTY LOCATED ALONG BELTWAY 8 AT MYKAWA. Councilmember Cole made the motion, seconded by Councilmember Wilkins directing staff regarding the acquisition of real property located along Beltway 8 at Mykawa as directed in Executive Session. ADJOURNMENT Meeting was adjourned at 10:48 p.m. Minutes approved as submitted and/or corrected this the /2-3 , day of Q & :t�=4-) , A.D., 1997. Tom Reid- Mayor eidMayor A TTC OT. Page 14 of 14 - 9/22