2002-05-13 CITY COUNCIL REGULAR MEETING MINUTES059
MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 13, 2002, 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
City Manager
City Attorney
City Secretary
Tom Reid
Woody Owens
Richard Tetens
Larry Marcott
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Councilmembers Larry Wilkins and Klaus Seeger
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John
Hargrove; Community Relations Liaison Phibi Vassallo; Public Works Director Jerry
Burns; Project Director Joe Wertz; Municipal Court Administrator Cheryl Garcia.
The invocation was given by Councilmember Tetens and the Pledge of Allegiance was
led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that Councilmembers Wilkins and Seeger were detained at work
and would try to make it to the Council Meeting later in the evening.
Mayor Red presented a proclamation to Alma Nolen and Nell Fuller with the American
Business Women's Association, League of Women Voters, and Ladies Auxiliary VFW
Post 7109, proclaiming May 13 - May 17 as "Proud to Be An American Week".
Mayor Reid presented Certificates of Appreciation for assistance with the Third Coast
Explosion Relief Effort. Certificates were presented to the following restaurants:
McDonald's, Perry's Landmark Restaurant, Central Texas Style BBQ Company, and
Gringo's Mexican Kitchen. Certificates were also presented to the following employees
of the City of Pearland Parks and Recreation Department: Tawnya Earles, Erika Moss,
Sharon Tessendori, and Kristy Healy.
Mayor Reid reported on April 24 he met with City Staff and TxDOT regarding State
Highway 288, and met with the Mayor and City Manager on Gulf Coast Water Authority
regarding surface water; April 25 he attended Judge Eckel's Breakfast, and TML -14
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Quarter Meeting; April 26 attended the Transportation Policy Council, Keep Pearland
Beautiful Annual Awards Dinner, presented a proclamation to the Church of Christ for
their 50th Anniversary, and presented a proclamation to Crosspoint Fellowship Facilities
Dedication; April 29 attended a Joint Council Workshop with the Chamber Board; April
30 attended a Police Awards Dinner with the Exchange Club; May 1 attended the South
Campus San Jacinto College Facility Dedication, and a Library reception; May 2
attended the Clear Creek Meeting of Pearland and Friendswood, National Day of
Prayer, and the Southeast Economic Development Council's Annual Meeting; May 3
attended an Earth Day presentation with Keep Pearland Beautiful at Wal-Mart, a
groundbreaking for Holiday Inn Express, and greeted Spiderman; May 4 was Election
Day; May 6 attended the District Education Improvement Committee Meeting; May 7
attended the Installation of Mayor; May 8 attended the Brazoria Drainage District #4
Meeting, and the Adult Reading Board of Directors Meeting; May 9 attended a Pearland
College Board Meeting, and the Special Olympics Award Dinner; May 10 attended the
Chamber Breakfast.
COUNCIL ACTIVITY REPORTS
Councilmember Tetens stated he attended the Citizens Police Academy's graduation on
May 9, 2002. The Academy is in their 15th year. He further stated it is a fine
organization.
Mayor Pro -Tem Owens passed on giving a report.
Councilmember Marcott stated he recently met with Brazoria County Judge John Willy
and they discussed Clear Creek and Pearland's flooding issues.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, stated that today the City received the Pearland Parkway
Wetlands Permit. He further stated that he would like to acknowledge Deputy City
Manager, Alan Mueller, for his hard work in the lengthy process of obtaining this permit.
Early Voting for the Runoff Election will begin Wednesday, May 15, 2002. There were
several complaints from citizens regarding the separate locations in which they had to
vote in the City's General Election and the School Board Election held on May 4, 2002.
He stated he had discussed this with the Superintendent of Pearland Independent
School District and this will be a topic of discussion at the next Joint Meeting with City
Council and School Board.
City Council meets on the second and fourth Monday of each month but due to the
holiday on May 27, 2002, the Regular Council Meeting will be held May 20, 2002.
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CITIZENS
James Rosson, 3829 Aubrell Road, addressed Council and stated he was there to
report on an ongoing problem with his neighbors taking care of their yard.
Delores Fenwick, 1910 Washington Irving, addressed Council and stated she was there
to report on the proliferation of bandit signs in Pearland.
Dale Pillow, 2302 Meadow Green Drive, addressed Council and stated the bandit signs
in Pearland have become a nuisance and the law prohibiting these needs to be
enforced.
Richard Keschinger, 2011 Sleepy Hollow, addressed Council and reported on
numerous problems in his neighborhood as a result of flooding and the demolition of
homes due to the FEMA buyout.
Frances Denton, 2715 Hazel, addressed Council and stated May 12 - 18 is National
Police Week. She further stated on behalf of the Pearland Citizen's Police Academy
Alumnus she would like to pass out ribbons in remembrance of police officers who have
lost their lives in performance of their duties and ones that are still performing their
duties.
Marilyn Bullard, 3425 Manvel Road, addressed Council and stated that Council will be
presented later this evening with a proposal to take action that will affect her and her
family. The plan is to use 75 acres of land, which has been owned by her family for
more than 50 years, and use it for detention. She stated she would like to keep 25
acres as a buffer between her house, which she has lived in almost all her life, and the
detention being planned.
E.H. Harris, 2310 Green Tee, addressed Council and stated he has been a resident of
Pearland for over 50 years. He bought the property, referenced by the previous
speaker who is his daughter, back in the early 1950's and built a home, which was the
first home on FM 1128. He further stated he would like to keep this home for future
generations of his family who would like to raise their families there. There is a large
detention pond on Harkey Road and feels this, and additional nearby land, should be
used in lieu of taking all the property that belongs to one person. If the City takes the
land, he would like to be able to keep the front 25 acres so that his family can continue
to live there and have a buffer zone from the detention excavation.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
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+16?
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the April 8, 2002, Joint Public Hearing held at 6:30 p.m.
2. Minutes of the April 22, 2002, Joint Public Hearing held at 6:30 p.m.
3. Minutes of the April 22, 2002, Regular Council Meeting held at 7:30 p.m
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF CENTENNIAL VILLAGE SECTION ONE. Mr. Hargrove, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-583 - 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 AND GRANTING A
SPECIFIC USE PERMIT FOR A MINI STORAGE WAREHOUSE ON THE
FOLLOWING PROPERTY, BEING 2.316 ACRES, OUT OF 3.322 ACRES, OUT
OF A PORTION OF THE H. STEVENS SURVEY, A-594, BEING ADJACENT TO
AND EAST OF STATE HIGHWAY 35 OF BRAZORIA COUNTY, TEXAS
(SPECIFIC USE NO. 106)(4147 MAIN STREET) FROM CLASSIFICATION
LIGHT INDUSTRIAL DISTRICT (M-1) TO LIGHT INDUSTRIAL - SPECIFIC USE
(M -1(S)) AT THE REQUEST OF RONALD LEISTAD AND REED LEISTAD,
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.
Mr. Tobin Maples, Executive Director of Community Services.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-584 - 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 2.573
ACRES, BEING THE NORTH 1/2 OF LOT 25, RECORDED IN VOLUME 306,
PAGE 379, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, H.T.& B.R.R.
COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1031) (O'DAY ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT
(RE) AT THE REQUEST OF CAROLINA HERNANDEZ, 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. Mr. Tobin Maples,
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Executive Director of Community Services.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 741-3 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27,
SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS
IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVING CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND
EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-71 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED
WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing
Officer.
G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-80 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
.-- TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR MUTUAL
AID ASSISTANCE. Mr. Larry Steed, Fire MarshaL
H. CONSIDERATION AND POSSIBLE ACTION — RATIFICATION OF THE CITY
MANAGER'S REAPPOINTMENT OF (1) MEMBER TO THE CIVIL SERVICE
COMMISSION FOR A THREE-YEAR TERM. Mr. Bill Eisen, City Manager.
I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR FIRE HYDRANT MAINTENANCE SERVICES.
Mr. Gordon Island, Purchasing Officer.
J. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-73 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE PURCHASE OF VIDEO AND RADAR
EQUIPMENT FOR THE PEARLAND POLICE DEPARTMENT. Mr. Gordon
Island, Purchasing Officer.
Councilmember Marcott asked that Consent Agenda Item F be removed from the
Consent Agenda for further discussion.
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MN
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
adopt Consent Agenda Items A through J, with the exception of item F, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Marcott, Consent Agenda Item F was removed from
the Consent Agenda for further discussion.
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2002-71 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED
WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon is/and, Purchasing
Officer.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-71.
Councilmember Marcott stated he -is concerned about the cleanup of houses that have
been demolished.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-268-1 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509-
268, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF ADDING A COMPREHENSIVE SIGN
PROGRAM (APPLICATION NO. 1033), AT THE REQUEST OF KERRY GILBERT &
ASSOCIATES, INC., AGENT FOR SHADOW CREEK RANCH DEVELOPMENT
COMPANY, L.P., 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. Mr.
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Tobin Maples, Executive Director of Community Services.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-268-1 (Application No. 1033) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 1033.
City Manager, Bill Eisen, stated what is being proposed is an amendment to the
Planned Unit Development for Shadow Creek Ranch. The proposal would substitute
different requirements, other than the City's standard Sign Ordinance, for signage that
would be provided in Shadow Creek Ranch.
Neil West, 2218 Country Club Drive, addressed Council and stated he is with Keep
Pearland Beautiful and feels the City has a good Sign Ordinance and if it is changed
every time someone wants it changed the City will open up Pandora's box.
Linda Cowles, 3412 Shadycrest, addressed Council and stated she is with Keep
Pearland Beautiful and feels with bandit signs and other places that are unsightly, this
would create an image problem for the City. She further stated that the current Sign
Ordinance needs to be enforced.
Marjorie Wilcoxson, 3602 Longherridge Drive, addressed Council and stated she is with
Keep Pearland Beautiful and if the City allows these signs it would mean that the next
builder and the next should have the same privilege. With other advertising avenues
such as radio, newspaper, magazine, etc., there should be ample ways of advertising
as opposed to putting up signs.
Dale Pillow, 2302 Meadow Green Drive, addressed Council and stated she would like
Council to deny changing the Sign Ordinance for Shadow Creek Ranch. She 'further
stated that the current Sign Ordinance needs to be enforced.
Mason Locke Weems 6, 701 E. Brazos Avenue, addressed Council and stated he is a
broker for Brazoria County Real Estate Company. He further stated he is in favor of
Shadow Creek Ranch being allowed to put up signs but does not want them to be put
on his nearby 12 -acre property.
Gary Cook, 2947 East Broadway, addressed Council and stated he is with Shadow
Creek Development Company and would like Council to approve the amendment to the
Sign Ordinance.
Voting "Aye" None.
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Voting "No" Councilmembers Tetens, Owens, and Marcott.
Motion Failed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — RESOLUTION NO. 2002-76 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #4 SUPPLEMENT #1 FOR LAND ACQUISITION SERVICES FOR
THE CORRIGAN DRAINAGE PROJECT ASSOCIATED WITH THE PEARLAND
MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-76.
City Manager, Bill Eisen, gave a brief overview of the proposed supplement to Work
Authorization #4.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — RESOLUTION NO. 2002-77 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #2 FOR CONSTRUCTION ADMINISTRATION
SERVICES WITH MISCELLANEOUS ROAD PROJECTS, GROUP 1, OF THE
PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City
Manager.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-77.
City Manager, Bill Eisen, gave a brief overview of the proposed supplement to Work
Authorization #1.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — RESOLUTION NO. R2002-74 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
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-- MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH KLOTZ
ASSOCIATES, FOR ENGINEERING SERVICES ASSOCIATED WITH THE RENEWAL
OF THE DISCHARGE PERMIT FOR THE BARRY ROSE WASTE WATER
TREATMENT FACILITY. Mr. Jerry Burns, Public Works Director.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2002-74.
City Manager, Bill Eisen, stated every three years the City is required to renew permits
for any existing wastewater treatment plants. It is time to begin the process of renewing
the permit for the Barry Rose Wastewater Treatment Facility.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — RESOLUTION NO. R2002-75 - 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 KLOTZ
ASSOCIATES, FOR ENGINEERING SERVICES ASSOCIATED WITH THE
LONGWOOD WASTEWATER TREATMENT PLANT EXPANSION. Mr. Jerry Burns,
Public Works Director.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-75.
City Manager, Bill Eisen, gave an overview of the. specifics of the contract with Klotz__
Associates for an archeological survey that has to take place before the expansion of -
the Longwood Wastewater Treatment Plant begins.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent
COUNCIL ACTION — RESOLUTION NO. 2002-78 - 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
WALSH/FREESE AND NICHOLS, FOR ENGINEERING SERVICES ASSOCIATED
WITH UPDATING THE CITY'S IMPACT FEE STUDY. Mr. Alan Mueller, Deputy City
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SII
Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-78.
City Manager, Bill Eisen, gave a summary of the Impact Fee Study update.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — RESOLUTION NO. R2002-79 - 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 LINEBARGER,
GOGGAN, BLAIR, PENA & SAMPSON, LLP, FOR COURT FEES AND FINES
COLLECTION SERVICES. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Owens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2002-79.
City Manager, Bill Eisen, gave an overview of this item and the following item,
Ordinance 1061, which are related.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
M
otionPassed 3 to 0, with Councilmembers Wilkins and Seeger absent.
FIRST READING OF ORDINANCE NO. 1061 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A COLLECTION
FEE IN THE AMOUNT OF THIRTY PERCENT (30%) OF EACH DELINQUENT DEBT
AND ACCOUNT RECEIVABLE, INCLUDING COURT FINES AND FEES, REFERRED
TO A LAW FIRM FOR COLLECTION. Mr. Darrin Coker, CityAttorney.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
approve Ordinance No. 1061.
Voting "Aye" Councilmembers Marcott, Owens, and Tetens.
Voting "No" None.
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069
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — RESOLUTION NO. R2002-81 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, . TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO CONTRACT FOR THE PURCHASE OF
RIGHT-OF-WAY ASSOCIATED WITH THE CITY'S MOBILITY AND DRAINAGE BOND
PROGRAM AND THE CITY'S CAPITAL IMPROVEMENT PROGRAM. Mr. Bill Eisen,
City Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to
approve Resolution No. R2002-81.
City Manager, Bill Eisen, gave an overview of the contract for purchase of right-of-way
and a recommendation for a blanket authorization for right-of-way budgets on each of
the projects listed, which have already been authorized.
Lengthy discussion ensued between Council and Project Director, Joe Wertz, regarding
right-of-way authorization.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
OTHER BUSINESS:
Council adjourned into Executive Session_ under.Texas Government Code at 9:25 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTATION WITH ATTORNEY:
REGARDING POTENTIAL LITIGATION — ASSOCIATED WITH
RIGHT -OF- WAY ACQUISITION. Mr. Darrin Coker, City Attorney.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY - WEST MARY'S CREEK DETENTION. Mr. Darrin
Coker, City Attorney.
3. SECTION 551.071 — CONSULTATION WITH ATTORNEY:
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REGARDING POTENTIAL LITIGATION — REGARDING CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:45 p.m.
COUNCIL ACTION — INSTRUCTION TO THE CITY ATTORNEY ASSOCIATED WITH
RIGHT-OF-WAY ACQUISITION. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to
authorize the City Attorney to consult outside legal counsel regarding the acquisition of
right-of-way.
Voting "Aye" Councilmembers Tetens, Owens, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Wilkins and Seeger absent.
COUNCIL ACTION — REGARDING PROPERTY FOR THE ACQUISITION OF WEST
MARY'S CREEK DETENTION. Mr. Darrin Coker, City Attorney.
No Council action taken.
COUNCIL ACTION — INSTRUCTION TO THE CITY ATTORNEY REGARDING CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:46 p.m.
Minutes approved as submitted and/or corrected this the 10 day o ne , 2002.
I'
Tom Reid
Mayor
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