Loading...
2001-08-13 CITY COUNCIL REGULAR MEETING MINUTES045 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 13, 2001, 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 Larry Marcott Richard Tetens Woody Owens Klaus Seeger Larry Wilkins Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City ManagerAlan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; Fire Chief Paul Jamison; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Director of Finance Jim Causey; Parks and Recreation Director Ed Hersh; Assistant City Attorney Nghiem Doan; Purchasing Officer Gordon Island; Assistant Director of Finance Cindy Soto. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid stated since this meeting is starting so late there will not be any activity reports given and asked if anyone has an activity report to please submit this report to the City Secretary for inclusion in the minutes. Mayor Reid reported on July 24 he toured Industrial Polymers for Industry of the Year Award; July 25 he toured Steel Supply and International Building Supply for Industry. of the Year Award. He also met with Land Planner Patty Knudson; July 26 he toured Aggreko for Industry of the Year Award and a ribbon cutting for Kwik Kar; July 27 he attended a Transportation Policy Council Board of Directors Meeting and a reception for Michael Ross; July 30 he attended a meeting of the Industry of the Year Selection Committee and also a Special Meeting of the City Council; July 31 he attended a Tom DeLay Committee Meeting; August 1 attended the County Tax Abatement Committee Meeting and also a Page 1 of 17 - 08/13/2001 046 meeting with Pearland Community Hospital consultants; August 2 he attended a ribbon cutting for Master Air, met with the Ministerial Alliance and also attended the Southeast Economic Development Corporation Board of Directors Meeting; August 3 he attended the New Teachers Breakfast; August 6 he spent the day with Tom DeLay during his visit to Pearland; August 7 he attended an AARP monthly meeting and also National Night Out; August 8 he attended a ribbon cutting for Computer Consultants, an Adult Reading Board of Directors Meeting, and met with Veterans Memorial Committee; August 10 he attended the Chamber Business Breakfast; August 10 and 11 he attended the TML Region 14 Meeting. COUNCIL ACTIVITY REPORTS: No activity reports given. CITY MANAGER'S REPORT: No report given. CITIZENS: Jennifer Jamison, 2460 Country Club, addressed Council and stated she is the owner of West Lea Water Company. She stated at the July 23 and July 30, 2001 Council meetings several things were said about her water company that were false. She further stated she requested and listened to tapes of those meetings and no one has filed a complaint with her, the TNRCC in Houston or the TNRCC in Austin regarding the "black, dark water" spoken about in one of the meetings, She contacted the TNRCC in Austin to inquire how many complaints have come through the TNRCC Houston Region. On the meeting tapes she heard there were 534 complaints and stated many of them were duplicated and Austin finally, after getting them all, sent them to her after many months. She stated neither she nor the Houston Region received the complaints. Most of these complaints began while her company and the City of Pearland were in a dual certification trial which lasted over two years. She received a letter from the TNRCC regarding West Lea Water Company which stated there were 34 documented complaints which were called in to the regional office over the past two years. Ms. Jamison reviewed the letter, in it's entirety, with Council. Ms. Jamison reported the new well West Lea Water Company put in last summer lost a pump on July 10, 2000. On July 11, 2001 the new pump was installed and the water was back to normal capacity. Last July she pumped 5 million gallons of water and bought an additional 700,000 gallons from the City of Pearland. This year during the month of July she pumped 1.9 million gallons. The entire State of Texas was in a severe drought and Page 2 of 17 - 08/13/2001 there were well outages everywhere. She recently found out, August 3, 2001, that West Lea Water Company was underthe City of Pearland's jurisdiction and has been since 1997 when the City annexed the area. She stated she will follow any rules given to her by the City but would like to be given the rules and would like some information letting her know who her company is regulated by. She further stated the 2 pictures which were shown of the dark water, she has no idea where it came from but will pursue this matter. She further stated she was very upset that her water was called hazardous waste. She saw the picture in the paper of the hot tub full of black water and stated the complaint was never reported to her and she contacted the person who sent the picture in. Mayor Reid stated the remark about the hazardous waste came from him because the person who put it up there stated, "this is hazardous waste we are pouring in the cups" and the Mayor told them later, "we want you to remove the hazardous waste, you put here, from the Chamber". Ms. Jamison stated she wished that somebody out of all the Council, who are intelligent gentlemen, would have asked where the black water came from because she would like to know. She stated she will respond if a complaint is filed with her and she has a chance to know where it is coming from. Mayor Reid stated this was a reasonable request. DOCKETED PUBLIC HEARING: None. Mayor Reid, with concurrence of Council, moved to New Business Item No. 3. COUNCIL ACTION - PRESENTATION OF 2001 CERTIFIED APPRAISAL ROLL FOR THE CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUE, EFFECTIVE TAX RATE CALCULATION AND PRESENTATION OF TAX PAYMENT OPTIONS AVAILABLE TO PROPERTY OWNERS EFFECTED BY RECENT FLOODING. Mr. Jim Causey, Finance Director. Councilmember Tetens made the motion, seconded by Councilmember Seeger, to accept the 2001 Certified Appraisal Roll for the City of Pearland and associated new construction value and the effective tax rate calculation. Director of Finance, Jim Causey, stated this item is the Appraisal Roll for 2001 which was prepared by the Brazoria County Appraisal District and also the Effective Tax Rate calculation which was prepared by the Brazoria County Tax Collector and given to Council Page 3 of 17 - 08/13/2001 for review. The 2001 Certified Appraisal Roll represents the numbers used for calculating tax revenue in the budget being considered tonight. Tax Assessor/Collector, Ro-Vin Garrett, addressed Council and stated there is information she feels is important that citizens of Pearland realize is available to them when tax bills go out in October. Because of flooding this summer there is a special provision in the property tax code which allows homeowners, and property which is used for residential purposes that have fewer than five living units, to pay their property taxes in installments. The condition to being able to pay in installments is that homeowners pay their own taxes, which means they do not have an escrow, and were affected by the flooding. It enables those residential homeowners affected by the flooding to pay their taxes in four equal installments. Those owners need to let Brazoria County know of their desire to exercise this option. Voting "Aye" Councilmembers Wilkins, Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - PLACEMENT OF AN ITEM ON THE AUGUST 27, 2001 AND THE SEPTEMBER 8, 2001 CITY COUNCIL AGENDAS TO CONSIDER THE PROPOSED FISCAL YEAR 2001-2002 TAX RATE OF $.686 PER $100 VALUATION AND SETTING OF A PUBLIC HEARING ON THE TAX RATE FOR AUGUST 27, 2001, AT 7:15 P.M. Mr. Jimmy Causey, Director of Finance. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to place an item on the August 27, 2001 and the September 8, 2001 City Council Agendas to consider the proposed Fiscal Year 2001-2002 Tax Rate of $.686 per $100 valuation and setting of a Public Hearing on the Tax Rate for August 27, 2001, at 7:15 p.m. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Seeger, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to the Consent Agenda. CONSENT AGENDA: Page 4 of 17 - 08/13/2001 11. 049 A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the July 23, 2001, Public Hearing held at 6:30 p.m. 2. Minutes of the July 23, 2001, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the July 30, 2001, Special Council Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. 2001-052 FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT. Mr. Gordon Island, Purchasing Officer. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PURCHASE OF A DIGITAL VOICE RECORDER FOR THE POLICE DEPARTMENT. Mr. Gordon Island, Purchasing Officer. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A CONCRETE SLAB INTO THE CITY'S TEN FOOT (10') UTILITY EASEMENT r-- LOCATED NEAR THE INTERSECTION OF FM 518 AND DIXIE FARM ROAD IN THE CITY OF PEARLAND. Mr. John Hargrove, City Engineer. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to adopt Consent Agenda Items A through D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: Page 5 of 17 - 08/13/2001 050 COUNCIL ACTION - REGARDING THE DATE TO CONDUCT A CAPITAL IMPROVEMENT BOND ELECTION FOR THE CITY OF PEARLAND. Mr. Alan Mueller, Deputy City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Marcott, to conduct a Capital Improvement Bond Election for the City of Pearland on the next uniform election date which is Tuesday, November 6, 2001. City Manager, Bill Eisen, stated some possible dates have been discussed for the City's bond election with those dates being November 6, 2001 or February 2, 2002. Although the bond election could be called as late as September 17, 2001, for the November election there would be certain advantages, such as publicizing the election, to make the choice of dates as soon as possible. Councilmember Seeger stated he would like to see the election in February and felt most of the citizens he spoke to prefer this date since the Pearland Independent School District is having their election in November. He stated the City needs to have some space between PISD's bond election and the City's. Councilmember Wilkins stated he concurs with Councilmember Seeger. He further stated he has lived in Pearland 34 years and has never seen a City and School's bond election held at the same time. Helen Beckman, Chairperson of the Bond Political Action Committee, addressed Council and stated the recommendation of the committee was to have a February election due to several factors, which she discussed with Council. She further stated whether Council chooses for the election to be held in November or February the committee will do everything possible to help make the bond election a success. Mayor Pro -Tem Marcott stated Council has been discussing this for over a year and the time is now to make a decision. He further stated he is hearing from citizens that they need it and they need it now and the City needs to get on with it. He stated citizens let the City know this by voting the Park bond down and that citizens want infrastructure which are roads and drainage. He stated the City needs to move forward. Councilmember Seeger stated the Bond Political Action Committee, which Council was anxious to develop, represents citizens of Pearland. He stated he thought it was ironic now that Council is choosing to ignore those citizens since the recommendation from this committee was for a February election. Page 6 of 17 - 08/13/2001 05? Councilmember Tetens stated the committee's recommendation is not being ignored since Council had the choice to accept or reject the recommendation. Councilmember Owens stated he feels the time to act is now since this has been in discussion for some time and feels with drainage and road problems this needs to be addressed now. He stated he is sympathetic to PISD but the real truth is if school bonds do not pass the City and school will all be lumped together in February. It will not be a good thing to ask citizens to increase their tax, as far as the road bonds or infrastructure type improvements, and the school at the same time. He stated he is afraid if the bond does not pass, by Februarythere will not be enough money in the City's coffers to do some of the priorities decided on by Council. Councilmember Seeger stated the priorities were decided some time ago and are set in place. To say the City will not do anything unless this bond passes is faulty. The City has money and some of the front work can be done. Further discussion ensued between Council regarding the issue of the date to hold a bond election. Mayor Pro -Tem asked the Mayor to call the question. Voting "Aye" Councilmembers Tetens, Owens, and Marcott. Voting "No" Councilmembers Wilkins and Seeger. Motion Passed 3 to 2. COUNCIL ACTION - FITE ROAD NAME CHANGE. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to leave the name of Fite Road regarding the section of Fite Road between Hatfield and Chocolate Bayou and designate Doherty Road as a historical significance. City Manager, Bill Eisen, stated there has been a Public Hearing on this issue and heard citizens who were both for and against the name change. Most of the citizens who were in favor of the name change were concerned with preserving a portion of the community's history. The citizens opposed were mostly citizens who live down this road and had reservations about expenses associated with changing their address. One of the possibilities discussed at the Public Hearing was designating the historic Doherty Road. Page 7 of 17 - 08/13/2001 052 Mayor Reid stated leaving the name as Fite Road and putting a memorial Doherty Road sign up would compensate. He stated Council has already said the City would look very hard at making certain all future roads be preserved with their historical names. Voting "Aye" Councilmembers Wilkins, Seeger, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH SHADOW CREEK RANCH MAINTENANCE ASSOCIATION AND SHADOW CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS ASSOCIATED WITH TAX INCREMENT REINVESTMENT ZONE NO. 2. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2001-99. City Manager, Bill Eisen, stated this is to assign responsibility for maintenance of improvements. Mayor Pro -Tem Marcott asked how long the developer is in the Association. Gary Cook from Shadow Creek Ranch stated as Master Developer they are in control of the Association until the last home and piece of property is sold. Mayor Pro -Tem Marcott asked if this is projected to be 11-12 years. Mr. Cook stated this would be approximately 11-12 years. Councilmember Seeger stated he would like to know what would happen if forsome reason Shadow Creek Ranch were to dissolve. Mr. Cook stated should they go away all property is dedicated to the Association so that homeowners living there own it collectively. The Association is set up so that they do not take on the burden of anything until it is developed and then passed on to them. Page 8 of 17 - 08/13/2001 t 051 Mayor Pro -Tem Marcott asked if there is anything in the Association's by-laws that they have to maintain this. Mr. Cook stated the Maintenance Association owns it and they are required to maintain it. Darrin Coker, City Attorney, stated the by-laws and articles of incorporation for the Maintenance Association and any subsequent Homeowners Associations which are formed will address this issue. The Texas Non -Profit Corporation Act states that upon dissolution of the final 501(c)(3) that the assets of the 501(c)(3) have to be transmitted to another organization similar to the 501(c)(3). It cannot just be left hanging out there. There is a process in which these improvements have to be approved by the City. Once the City approves this and they are built and meet the City's standards the title of those facilities will go to the maintenance organization. Additional discussion ensued between Council regarding the Agreement with Shadow Creek Ranch Maintenance Association. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SANITARY SEWER FEE AGREEMENT WITH THE SHADOW CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP FOR THE COLLECTION OF SANITARY SEWER FEES ASSOCIATED WITH THE SHADOW CREEK RANCH TEMPORARY SANITARY SEWAGETREATMENT FACILITY. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-100. City Manager, Bill Eisen, stated at the time the TIRZ was originally being formed the City and the developer operated under the assumption that the developer would bid and lease the temporary sewer plant and then transfer that lease to the City when the first connections were made to the sewer system. Since that time it has been determined that if this is done it would be treated like a new permit each time a transfer occurred. Staff's recommendation is to maintain the permit in the City's name for the interim plant and for Page 9 of 17 - 08/13/2001 .054 the City to bid and lease the interim plant and then the developer reimburse the City for any costs that are not recovered by the City through system revenues. Mayor Pro -Tem Marcott stated there are some dollars in the agreement and if the rates change between now and the time of hookup will that be able to put into place. City Attorney, Darrin Coker, stated there is a provision in the agreement which states if the City may increase or decrease sanitary sewer fees, provided connections within the district pay the same rates and charges for sanitary sewer service to the City as those charged by similar City customers outside the district. Councilmember Seeger asked what would happen if sewer costs exceed fees that the City can collect in Impact fees. City Attorney, Darrin Coker, stated if the cost exceeds what the City is collecting from the sewer charges then the developer is responsible for reimbursing that cost to the City. There is a limitation on the developers liability which make them limited to the amount budgeted in the TIRZ. Further discussion ensued between Council regarding the Shadow Creek Sewer Agreement. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO DEVELOPMENT AGREEMENT WITH SHADOW CREEK RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP FOR THE OVERSIZING OF THE KIRBY DRIVE SANITARY SEWER LINE. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-101. Page 10 of 17 - 08/13/2001 055 City Manager, Bill Eisen, stated this item is related to the previous item. What this item proposes to do is have the City participate in oversizing to provide a conduit for wastewater from the area to be conveyed to the wastewater treatment plant. Mayor Pro -Tem Marcott asked if the oversizing is large enough to handle what is coming down the pipe. City Manager, Bill Eisen, stated it is adequate to serve the entire area. Mayor Pro -Tem Marcott asked if the City is looking at eventually building a sewer plant in this area. Deputy City Manager, Alan Mueller, stated when the City applied for the State Revolving Loan Fund approximately 3 years ago there was an analysis done by an outside engineering firm which analyzed the flows from the entire service areas based on standard planning principles. It was sized based on this analysis. Mayor Pro -Tem Marcott stated he wants to make sure the City is thinking far enough out that the City will not have to put another line in. Councilmember Owens asked if the City is reimbursing Shadow Creek for this and the City is doing all the work. Deputy City Manager, Alan Mueller, stated Shadow Creek is doing the work and the City reimburses for the extra depth and the pipe size. This is a standard agreement the City uses for all oversizing agreements. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH WALSH/FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY WATER LINE. Mr. Alan Mueller, Deputy City Manager. Page 11 of 17 - 08/13/2001 056 Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2001-102. City Manager, Bill Eisen, reported this relates to a water line to be constructed along the proposed future Pearland Parkway where landscaping will be done in the future. The intent of this item is to install a section of water line now so that future construction will not interfere with landscaping already in place. Councilmember Tetens stated according to the contract the $29,700 is a percentage, based on the cost of construction. Deputy City Manager, Alan Mueller, stated this is the estimated fee based on construction cost. Councilmember Tetens asked if the price takes into consideration that the surveying has already been done. Deputy City Manager, Alan Mueller, stated yes, typically the surveying is what is billed as an additional service on top of the basic design fee. The cost being considered here is just for the engineering and not for surveying or anything Geotechnical. Mayor Pro -Tem Marcott asked if the 81/4% is a fair amount being charged for this, since they are doing a whole lot of work on the same thing. Deputy City Manager, Alan Mueller, stated if you are in the neighborhood of 10% that is `- normal. The smaller the project the higher the percentage. Ron Bavarian, Walsh Engineering, briefly explained the engineering fee curve and stated the 21/2% has been discounted off the curve. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-105 - 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 MUNTERS MOISTURE Page 12 of 17 - 08/13/2001 057 CONTROL SERVICES FOR MOISTURE CONTROL SERVICES ASSOCIATED WITH THE PEARLAND LIBRARY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-105. City Manager, Bill Eisen, stated this contract was entered into a couple of weeks ago on an emergency basis so the library may be cleaned and back into operation as soon as possible. The action this evening is asking Council to ratify the action he, as City Manager, took when he signed the emergency contract. The contract includes the cleanup of mold in the air conditioner ducts and all books, materials, furniture and carpet in the facility. Estimated cost of the contract is approximately $61,000. The cost will be allocated according to the operating agreement the City and County currently have. The City will pay approximately $32,000 and the County $29,000. There is an additional provision in the agreement between the City and County for moisture control which has to be done. The County will contribute up to $2,500 for this and some which is having to be done. Mr. Eisen stated he hopes they do not have to do this over a week or two. It is costing approximately $1,500 a week. Mayor Pro -Tem Marcott verified with Mr. Eisen that the City will pay the bill and the County will reimburse the City. City Manager, Bill Eisen, stated it is estimated this could come in under $40,000. Councilmember Tetens asked if it is known where the mold came from. City Manager, Bill Eisen, stated it is not known for sure, however, the conditions in the library were favorable for the mold to grow. They are looking at the air conditioning system but are not sure anyone really knows where it came from. Mr. Eisen stated we want to be sure and eliminate any conditions in the library allowing this to happen again. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A QUITCLAIM DEED Page 13 of 17 - 08/13/2001 058 FROM PEARLAND INDEPENDENT SCHOOL DISTRICT. Mr. Darrin Coker,. City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-106. City Manager, Bill Eisen, stated this will formalize actions that Council took in a previous meeting to take possession of Zychlinski Park. Mayor Pro -Tem Marcott asked if this is clean, where the City will not have a problem. City Attorney, Darrin Coker, stated this is a Quitclaim deed and in bold print it says the City is taking the property as is. Consequently, if the property is not clean, anybody that has held title to it is going to responsible for it. It will not just be the City, it will also include the School District as well. Mr. Coker further stated the School District has not formally signed the deed but when they do all the City will have to do is sign and have it recorded. Mayor Pro -Tem Marcott stated in the future the Historical Society may want to do something at the park. Parks and Recreation Director, Ed Hersh, stated the President of the Historical Societywas here earlier to make a donation. However, since the meeting began late he must have gone home. Councilmember Owens asked if the City is planning to abandon the roadway which runs -- through the park. Mayor Reid stated the roadway is temporarily blocked off but has never formally been abandoned. Mayor Pro -Tem Marcott asked if Council could get some information on what is planned for the park. Parks and Recreation Director, Ed Hersh, stated the City has a plan that was designed several years ago. City Manager, Bill Eisen, advised he will get this information to Council in the next update. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Page 14 of 17 - 08/13/2001 Voting "No" None. Motion Passed 5 to 0. 059 COUNCIL ACTION - RESOLUTION NO. R2001-107 - 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 CORROSION ELIMINATORS, INC. FORTHE REHABILITATION OFTHE FM 518/MARY'S CREEK WATER PLANT. Mr. Jerry Burns, Public Works Director. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-107. City Manager, Bill Eisen, stated this is the contract for repair and repainting of two tanks at the Mary's Creek Water Station. Mayor Pro -Tem Marcott stated in the budget on McLean the City is replacing a tank and here we are repairing a tank. He stated he would like to know what is the difference in the two. Deputy City Manager, Alan Mueller, explained the tanks at Mary's Creek Water Station have minor corrosion. The tank on McLean has major foundation problems which caused the tank to corrode to the point of having to be replaced along with a different foundation. Mayor Pro -Tem Marcott, Deputy City Manager Alan Mueller and City Engineer John Hargrove further discussed the foundation problem which necessitated the tank on McLean to be replaced as well as a solution to prevent it from happening in the future. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - DIRECTIVE TO STAFF TO INITIATE SERVICE PLANS FOR PROPOSED ANNEXATIONS. Mr. Tobin Maples, Executive Director of Community Services. CounciImember Tetens made the motion, seconded by Councilmember Owens, to instruct Staff to initiate service plans for proposed annexations. Page 15 of 17 - 08/13/2001 060 City Manager, Bill Eisen, stated this dates back to last fall when Council indicated an interest in pursuing a process in the annexation of six tracts in town. This process instructs the Staff to begin preparation of a service plan for those six locations. Deputy City Manager, Alan Mueller, gave an overview of the proposed annexations and discussed them with Council Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 11:15 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION. Mr. Darrin Coker, CityAttorriey. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING PENDING LITIGATION. Mr. Darrin Coker, City Attorney. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. 4. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:54 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING PENDING LITIGATION. Mr. Darrin Coker, City Attorney. Page 16 of 17 - 08/13/2001 r__ No Council action taken. 061 COUNCIL ACTION -INSTRUCTION TO THE CITY ATTORNEY REGARDING PENDING LITIGATION. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING BOARD COMMISSION. City Council. No Council action taken. ADJOURNMENT: Meeting was adjourned at 11:55 p.m. r-- Minutes approved as submitted and/or corrected this the 27`6 day of August, 2001. Gy17 �.P ATTEST: Tom eid Mayor Page 17 of 17 - 08/13/2001 062 THIS PAGE LEFT INTENTIONALLY BLANK X71