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1994-11-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 14, 1994, 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 Councilmember City Manager City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Amy Motes McCullough Pat Jones Others in attendance: Division Director Richard Burdine, City Engineer John Hargrove, Police Chief Mike Hogg, and Parks Director Ed Hersh. Absent from the meeting: Division Director Glen Erwin. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the minutes of the joint public hearing of October 24, 1994, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of October 24, 1994, be approved as presented. Councilmember Smith asked that the motion be amended to reflect a correction on page 155 of the minutes, reading that the Clear Creek Watershed study has "recommended" buyout rather than "commended" buyout. The maker and seconder agreed to amend the motion accordingly. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger reported he, Councilmember Richardson, and City Attorney McCullough attended Texas Municipal League's annual convention. Mr. Coppinger discussed some of the topics covered. Mayor Coppinger reported on ceremonies held at the unveiling of the historical marker at the Depot on November 5 and at the VFW Hall in remembrance of Veteran's Day on November 11. A Clear Creek Watershed meeting was held in Council Chambers on November 9, Mr. Coppinger reported, stating that this drainage problem is a regional concern as the Creek is approximately forty miles in length. Councilmember Smith stated it has been estimated it will cost approximately $900 million to correct. Councilmember Richardson reported he and City Engineer Hargrove attended a meeting of Brazoria County Drainage District No. 4, 164 where Mr. Hargrove presented recommendations to alleviate flooding, chief among them being defoliation of the Creek. It is estimated this step alone may cost 1/2 million dollars. Mayor Coppinger discussed possible sites for regional detention and stated the cooperation of several entities will be needed to be successful. Closing his report, Mayor Coppinger reported he attended the Lions Club Annual Turkey Shoot. COUNCIL ACTIVITY REPORTS Councilmember Miller praised the Emergency Medical Service which recently responded to a call to his home when a relative fell and broke a hip. Mayor Coppinger commented that he had several letters on the Council table commending the efforts of the EMS. Councilmember Tetens reported he attended the Clear Creek Watershed Committee meeting on November 9. Councilmembers Smith and Weber had nothing to report at this time. Councilmember Richardson stated he had nothing more at this time, as he had reported earlier on the meeting with the Drainage District and Mayor Coppinger had covered the TML Conference for him. CITY MANAGER'S REPORT Mayor Coppinger asked City Manager Grohman to discuss the bridge into Green Tee Subdivision during his report. City Manager Grohman reported there would be a meeting with FEMA representatives at City Hall on November 15. This meeting has been arranged by Senator Gramm's office and individuals from both northern Brazoria County and southern Harris County are welcome to attend. Mr. Grohman reported he, Grant Writer Nydia Rafols-Blair, Emergency Management Coordinator Smith, and Division Director Burdine met with FEMA officials Sunday to survey public infrastructure damage to the City. Although the County has not been declared a disaster area for this type of relief as it has for homes, it is estimated $200-300,000 worth of damage was done and it is hoped aid can be obtained for the City's infrastructure damage, Mr. Grohman stated. City Manager Grohman reported on the 250 acres that are being sought for detention. Contracts have been signed on 204 acres with the rest still being negotiated. This is a long process, Mr. Grohman explained, as one 10 acre tract, for example, has 39 separate property owners. Land for retention is a priority before channelization can be done, Mr. Grohman commented, and sites along Mary's Creek will be considered on tonight's agenda. Mr. Grohman reported that only $15 million is available in federal funding for projects for the whole of South Texas and the deadline for application is soon approaching. Staff has been busy trying to identify one or two projects that will afford us the best opportunities for funding. After speaking with FEMA officials today, it is felt that retention is probably the best chance in receiving some type of matching project funds. With reference to the bridge in Green Tee, City Manager Grohman stated there were some reports that the bridge or the channel caused the flooding in Green Tee. This project was done two years before my coming to the City and planned for twenty-two years before that, Mr. Grohman informed. The question has come up that the bridge was built incorrectly, was not permitted, and that the channel actually caused the flooding in Green Tee. Not only is that wrong, Mr. Grohman stated, but it is impossible. Documents are available for public inspection showing where the 165 City and other governmental jurisdictions did what they were supposed to do in a very involved process on the bridge and channel project. The original project, the channel near Green Tee, was proposed as far back as 1947 and was on the plat approved by the Harris County Commissioners for the subdivision in 1970 just as it exists today as a 260' channel. The Coast Guard was contacted and said it was not in their jurisdiction. The Corps of Engineers basically gave blanket approval because it was considered a Category A, and Brazoria County Drainage District dug the ditch, Mr. Grohman continued. The one question that kept surfacing was that Harris County Flood Control was not involved and that they were not contacted. Documentation exists to prove differently, Mr. Grohman stated, referring to a letter from the State Department of Highways and Transportation (now known as TxDot) dated November, 1990, when the ditch was going to be dug. Mr. Grohman quoted from one part of the document, referring to the channel and the bridge structure at Green Tee. "The roadway facility will permit the conveyance of the 100 year flood, inundation of the roadway being acceptable (in other words, Mr. Grohman explained, a 100 year flood will go through there but when it does, the road is going to be underwater), without causing significant damage to the highway, stream or other property. The City of Pearland is a participant in the National Flood Insurance Program. The proposed project is located within the regulatory floodway zone." (Basically, no one can build anything in the floodway that is three dimensional unless mitigation is done, Mr. Grohman explained, and that's only for bridges. Structures, like houses, can't be built in the floodway zone.) Continuing to read, Mr. Grohman emphasized this was the important part. "There will be no increase in water surface elevations due to the proposed project, therefore, no adverse impact is anticipated. Coordination with FEMA, the Federal Emergency Management Agency, is handled by the Harris County Flood Control District for the City of Pearland and the proposed project will not increase base flood elevations to a level which violates applicable floodplain regulations or ordinances. This is based on a study performed by State Department of Highway and Transportation, District 12, Hydraulic Section, which has been submitted to Harris County Flood Control District." City Manager Grohman stated documents were also found which showed that Harris County Flood Control actually owns, in fee simple, the channel itself. They accepted the property November 2, 1990. After many meetings over the last few weeks, Harris County Flood Control is now willing, with some exceptions, to accept it for maintenance and do work on it. The particulars on the exceptions will, hopefully, be worked out in the next ten days, Mr. Grohman reported. Mr. Grohman informed that Brazoria County Drainage District No. 4 is charged with the responsibility of the creeks and the City does not enter the stream bed. This includes Clear Creek, Mary's Creek, Chigger Creek, Hickory Creek, and Cowart Creek. They are ready to work with us and get the channel cleared; however, they cannot channelize, but they can remove vegetation which is a major restriction in the stream bed. Staff has been working on some specific solutions and hopes to have a comprehensive plan available at the next meeting. obviously, time and money are the biggest factors, City Manager Grohman stated, and considerations are being given to funding. City Manager Grohman stated Engineering had finished today the list of projects that would be submitted to FEMA for funding. They are: 1) Clear Creek restoration from the Galveston County line to the Fort Bend County line with a projected cost just to clear the vegetation of over 1/2 million dollars; 2) floodgates and pumps at Corrigan that would add some storm water retention to that area with a projected cost of $3.3 million; 3) Hickory Park to serve as a retention area and a park at a projected cost of $10 million; 4) town ditch realignment to alleviate flooding in the northwest portion of the City at a projected cost of $3.7 million; and 5) home buyout in Clear Creek Estates, Twin Creek Woods, and Sleepy Hollow Subdivisions at a projected cost of $2.4 million. MAYOR'S ACTIVITY REPORT (CONTINUED) Delores Fenwick, Executive Director of Clean Pearland, reported that Pearland had received third place in the nation for a city of its size from Keep America Beautiful and Stella Roberts, who has long been involved in the Clean Pearland organization, was one of two people in the nation chosen to receive the Chairperson Award of Excellence. Mrs. Fenwick related some of Clean Pearland's coming events and explained how money from recycling is put back in the community through projects such as a $3,000 contribution toward a landscape architect for the plaza area near City Hall and the Chamber site, a $1700 landscaping project at the Service Center, and an additional purchase of bedding flowers for the entrance to Independence Park. Board members of Clean Pearland came forward and presented Mayor Coppinger with a check for $2500 to be used toward the tree survey program. Mayor Coppinger thanked Clean Pearland for its services to the City. Andy Knight of Meals on Wheels explained how this organization provides meals to the elderly in Pearland and Friendswood and challenged the Mayor and Council to volunteer to deliver meals for a day in an effort to publicize this needed service. The Council responded favorably. CITIZENS 1. Randy Jeffery, 3414 Meadowville. Mr. Jeffery stated he was reading from a petition that was being circulated in the Twin Creek Woods and Clear Creek Estates Subdivisions. The petition alleges that nine named entities are responsible, in varying degrees, for the recent flooding and calls for an immediate halt to all construction in the City and the Beltway 8 area to prevent further flooding. Mr. Jeffery urged that, if the proposed sales tax increase passes, all funds be used for flood alleviation. 2. Carolyn Campbell, 2716 Green Tee. Mrs. Campbell asked what Council intended to do about problems in her subdivision. Traffic, unattended lots, and flooding are problems, she said. Plans made twenty years ago may not be appropriate today, Mrs. Campbell stated, and, closing her remarks, echoed the previous speaker's comments that nothing else be built until the problem of flooding is dealt with. 3. Daphne Hereford, 2904 Yost. Ms. Hereford stated she felt she was paid an unannounced visit by the Animal Control Officer because she had filed formal complaints after being denied access to open records. 4. Bonnie Mackin, 1511 Old Alvin Road. Mrs. Mackin stated she wants to install a privacy fence on her property and asked the City to release a 40' road right-of-way which centers the south boundary line of her property. Staff stated there is no master plan for the adjacent property as yet, but a waiver of encroachment could most likely be given to the Mackins with the understanding that the fence would have to be moved if necessary. This will be addressed on the next Council agenda, Staff informed. 5. Peggy Mayfield -Royer, 2119 N. Austin. Mrs. Mayfield informed that First Baptist Church has purchased land for a new facility. Mrs. Mayfield urged preservation of the current site for historical reasons and suggested many uses for the 167 premises. DOCKETED PUBLIC HEARINGS: NONE UNFINISHED BUSINESS ORDINANCE NO. 681, FOOD AND FOOD HANDLERS Ordinance No. 681 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 681 be passed and approved on its second and final reading. Said Ordinance No. 681 reads in caption as follows: ORDINANCE NO. 681 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REPEALING IN THEIR ENTIRETY ORDINANCE NO. 145 AND CHAPTER 11 OF THE CITY OF PEARLAND CODE OF ORDINANCES, ENTITLED "FOOD AND FOOD HANDLERS", CURRENTLY IN EFFECT; CREATING CHAPTER 11, "FOOD AND FOOD HANDLERS", PURSUANT TO ARTICLE 4476-5 OF THE CIVIL STATUTES OF THE STATE OF TEXAS, TOGETHER WITH THE LATEST EDITION OF THE TEXAS DEPARTMENT OF HEALTH RULES INTERPRETING THE CITED STATUTE; PROVIDING FOR THE ISSUANCE OF ANNUAL FOOD DEALER'S PERMITS AND RENEWAL THEREOF; PROVIDING FOR PERMIT/ INSPECTION FEES; PROVIDING FOR THE CERTIFICATION OF ALL FOOD WORKERS AND THE RENEWAL OF FOOD WORKER'S CERTIFICATION CARDS; PROVIDING FEES FOR FOOD WORKER CERTIFICATION ORIENTATION; PROVIDING FOR THE CERTIFICATION OF FOOD SERVICE MANAGERS; PROVIDING A PENALTY FOR SUCH VIOLATION; PROVIDING A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS CHANGE IN THE ORDER OF BUSINESS It was the consensus of Council to consider Item No. 7 at this time. ORDINANCE NO. 682, ORDERING A SPECIAL ELECTION ON ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX Ordinance No. 682 was read in caption by Mayor Coppinger. Citizen Input• 1. Tom Everett, Chamber of Commerce. Mr. Everett stated the Chamber fully supports the adoption of an additional one-half cent sales and use tax and discussed possible uses of the funds. 2. L. B. Lyon, 5013 Apple Springs. Mr. Lyon stated he was not against the additional tax, but he and the voters need more information. 3. Willard Manuel, 2407 Jacquelyn. Mr. Manuel spoke in favor of the proposition, stating a Political Action Committee has been formed and will educate the citizens about the proposed additional sales and use tax. 4. Paul Oman, 4607 Linden Place. Mr. Oman spoke in favor of the proposed increase in sales tax, stating the community needs a core industrial base to be balanced. E It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 682 be passed and approved on its first of two readings. Said Ordinance No. 682 reads in caption as follows: ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION ON ADOPTION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT (ONE-HALF [1/2] CENT) SALES AND USE TAX WITHIN THE CITY OF PEARLAND TO BE USED BY A CITY INDUSTRIAL DEVELOPMENT CORPORATION FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AND ANY OTHER PURPOSE AUTHORIZED BY SECTION 4B, ARTICLE 5190.6, V.T.C.S., AS AMENDED, (THE DEVELOPMENT CORPORATION ACT OF 1979); PROVIDING FOR THE LOCATION OF POLLING PLACES, PROVIDING FOR NOTICE OF SPECIAL ELECTION AND ORDAINING OTHER RELATED MATTERS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. MEETING RECESSED AT 9:10 P. M. MEETING RECONVENED AT 9:21 P. M. AWARD OF BID NO. B94-13, 1994 SIDEWALK IMPROVEMENTS Council considered bids from the following companies: Frost Constructors, Inc., D. L. Meacham Construction Company, Smith's Classic Construction, Bill McDonald Construction, Inc., Hassell Construction Company, Inc., and South Coast Construction, Inc. City Manager Grohman stated this work is for existing sidewalks in need of replacement and repair and recommended Frost Constructors receive the bid in the amount of $71,153.04. Division Director Burdine discussed the budget, noting that other sidewalk projects will come later. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Bid No. B94-13, Sidewalk Improvements, be awarded to Frost Constructors, Inc. in the amount of $71,153.04 with funding to be taken from the appropriate account. Motion passed 5 to 0. AWARD OF BID NO. B94-17, REQUESTS FOR PROPOSALS FOR GPS -CONTROLLED AERIAL MAPPING City Engineer Hargrove stated nine firms had submitted full service agreements. After evaluation, the top ranking firm is William Stackhouse of San Antonio, Mr. Hargrove informed. Mr. Hargrove related that all proposals came in under the budgeted amount of $157,000 and asked Council to authorize the City Manager to negotiate a best and final offer. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that the City Manager be authorized to negotiate award of Bid No. B94-17, GPS -Controlled Aerial Mapping. City Engineer Hargrove discussed the factors used in the evaluation process, stating that because this is a technical proposal, cost cannot be the sole item of consideration. It is hoped that the best and final offer may save the City approximately $20,000, Mr. Hargrove informed. Motion passed 5 to 0. 169 AWARD OF BID NO. B94-18, VOICE LOGGING RECORDER AND REPRODUCER Council considered bids from Executive Communications Corporation and Lanier Worldwide, Inc. Assistant Police Chief Chris Doyle discussed the uses of this equipment in recording calls. The City benefits in liability reduction and this is required by law, Mr. Doyle stated. The old reel-to-reel system had a life expectancy of 10 years but has been used for 13 years. The new system will be a VHS format, Assistant Chief Doyle explained. Staff recommends award of bid to Executive Communications in the amount of $45,470.00. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Bid No. B94-18, Voice Logging Recorder and Reproducer, be awarded to Executive Communications Corporation in the amount of $45,470.00. Motion passed 5 to 0. AWARD OF BID NO. B94-20, EXCAVATOR Council considered bids received from Preco Machinery Sales, Inc., Case Power and Equipment, and Mustang Tractor & Equipment Company. Division Director Burdine stated Staff recommends the purchase of the Caterpillar offered by Mustang and discussed the functions of the equipment. An amount of $160,000 was budgeted with the total cost being $147,484.00 after a $12,000 trade-in allowance. Additional buckets may be purchased later, Mr. Burdine related. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B94-20 be awarded to Mustang Tractor & Equipment Company in the amount of $147,484.00. Motion passed 5 to 0. AWARD OF BID NO. B94-21, POLICE VEHICLES Council considered bids from Chuck Miller Ford, Knapp Chevrolet, Ron Carter, A. C. Collins Ford, Inc., and H -GAC. The implementation of the home fleet program was discussed. It was noted that the Crown Victoria seems to be the car of preference over a Chevrolet Caprice for this use. Delivery time and installation of the necessary equipment before putting the vehicles on the street was discussed. Sixteen units are proposed to be purchased at this time. Chief Hogg informed that the program will extend into the ETJ and any officers residing in that area will be allowed to take their vehicles home. More information will be given out at a proposed workshop on this subject on November 28, Mr. Hogg stated. It was moved by Councilmember Richardson, seconded by Councilmember Miller, that Bid No. B94-21 be awarded to H -GAC at $17,365.00 per unit. Motion passed 5 to 0. RESOLUTION NO. R94-60, REAFFIRMING THE NAME OF SUNSET MEADOWS DRIVE Resolution No. R94-60 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R94-60 be approved on its first and only reading. Said Resolution No. R94-60 reads in caption as follows: RESOLUTION NO. R94-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAFFIRMING THE NAME OF SUNSET MEADOWS DRIVE 170 LOCATED IN SUNSET MEADOWS SUBDIVISION. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-61, CHANGING REGULAR MEETING DATES IN DECEMBER, 1994 Resolution No. R94-61 was read in caption by Councilmember Tetens. Councilmember Richardson recommended that both meetings be held on Monday, December 5. City Attorney McCullough ruled that this was permissible. Councilmember Tetens recommended Council meet on the 12th rather than the 5th so that the period between the December meeting and the January meetings would not be so long. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R94-61 be passed and approved on its first and only reading, with the first and second meetings in December to be held on December 12 at 7:00 P. M. and 8:00 P. M. Said Resolution No. R94-61 reads in caption as follows: RESOLUTION NO. R94-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING DATES IN DECEMBER, 1994, DUE TO THE HOLIDAY SEASON. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. City Secretary Jones was instructed to amend the resolution accordingly. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH TEXAS MUNICIPAL LEAGUE FOR FIRE AND EXTENDED COVERAGE INSURANCE City Attorney McCullough discussed reasons for Staff's recommendation to place this coverage with Texas Municipal League. Although Sullivan Insurance Agency has served the City well for some 14 years, it is thought that TML can better provide this type coverage. Mayor Coppinger asked that a letter be sent thanking Mr. Sullivan for his service if Council places the coverage with TML. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that the City Manager be authorized to enter into contract with Texas Municipal League for fire and extended coverage. Motion passed 5 to 0. ORDINANCE NO. 509-56, AMENDING LAND USE ORDINANCE AT REQUEST OF CITY OF PEARLAND Ordinance No. 509-56 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 509-56 be passed and approved on its first of two readings. Said Ordinance No. 509-56 reads in caption as follows: 171 ORDINANCE NO. 509-56 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AT SECTION 3, DEFINITIONS; AT SECTION 29.3.3, PUNCTUATION; AND AT TABLE VII, EXCEPTIONS, AT THE REQUEST OF CITY OF PEARLAND, AGENT; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF GREENWOOD SUBDIVISION, GREENWOOD DEVELOPMENT, INC., DEVELOPER, LENTZ ENGINEERING, ENGINEER City Engineer Hargrove stated all was in order and recommended acceptance of this subdivision. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Greenwood Subdivision be accepted. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AGREEMENT FOR ENGINEERING SERVICES TO INCREASE CAPACITY OF LONGWOOD WASTEWATER TREATMENT PLANT City Engineer Hargrove discussed problems experienced at the Longwood Plant over the last couple of years. Twice documentation has shown where flows at this plant have exceeded 75% of the permitted amount for three months in a row. Under the permitting rules, the City has to provide an explanation for this and a plan for reduction of this in the future or the City has to immediately begin expanding the plant, Mr. Hargrove informed. The time has to come to recognize that during the next five years, the City will be unable to reduce the infiltration and inflow fast enough to prevent further excursions on the Longwood Plant. The permit is up for renewal next September, Mr. Hargrove continued. The plant has been looked at to see if another 500,000 gallons a day could be handled by the hydraulic capacity without significant expansion, knowing that a large expansion will have to be done on an adjacent site. The land for this site is currently being negotiated with Harris County. The proposal suggested is for an engineering price to initiate the study for the amendment of the permit and to commence the design of what would be the last expansion of the Longwood Plant, City Engineer Hargrove explained, as we simply have run out of land. Phase One is broken into two steps. A preliminary engineering report will be done with the City Engineer working with an environmental engineer to come up with a preliminary engineering report to do the engineering necessary to approve the feasibility of the plan that is envisioned before the City goes to the additional expense of submitting it to Austin for approval. If feasibility fails to be proven in the first step, Mr. Hargrove continued, the City will go for a renewal of the permit and come back and deal with the infiltration and inflow as best as possible. The firm of Klotz Associates, Inc. is recommended, with a cost of $93,000 for all three phases. There may be some additional services that become necessary if it is necessary to go to Austin for a public hearing, City Engineer Hargrove informed. When asked by Mayor Coppinger, Mr. Hargrove informed the preliminary bid cost estimate of this expansion is $900,000, but 172 the City isn't at that point at this time. We may be ready in a year, Mr. Hargrove related, but we need to make sure we obtain the permit first. Funding for the plant construction will come from our impact fees with initial monies coming from an agreement with the Texas Water Development Board for advance funds. Division Director Burdine discussed implementation of Phases One and Two and future financing for the construction phase. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the City Manager be authorized to enter into an agreement for engineering services to increase capacity of Longwood Wastewater Treatment Plant. Motion passed 5 to 0. RESOLUTION NO. R94-62, AUTHORIZING STOP SIGNS IN SLEEPY HOLLOW SUBDIVISION Resolution No. R94-62 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Smith, that Resolution No. R94-62 be passed and approved on its first and only reading. Said Resolution No. R94-62 reads in caption as follows: RESOLUTION NO. R94-62 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF WOODCREEK AND SLEEPY HOLLOW (SLEEPY HOLLOW SUBDIVISION). Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AGREEMENT FOR FINANCIAL CONSULTING SERVICES TO ANALYZE FEASIBILITY OF ANNEXING MUNICIPAL UTILITY DISTRICTS LOCATED WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION City Manager Grohman discussed the need for this assessment in the City's long term planning. The Southwyck, Southdown, and Countryplace areas need to be looked at, Mr. Grohman stated, noting that some of the municipal utility districts' boundaries extend up to the right-of-way of FM 518. The fee of $9,500 for these services by LS&R Consulting Group, Inc. is reasonable, City Manager Grohman recommended. It was moved by Councilmember Richardson, seconded by Councilmember Smith, that the City Manager be authorized to enter into an agreement for financial consulting services with LS&R Consulting Group, Inc. in the amount of $9,500 to analyze the feasibility of annexing municipal utility districts located within the City's extraterritorial jurisdiction. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:33 P. M. UNDER TEXAS GOVERNMENT CODE Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: SECTION 551.071 - Consultation with attorney regarding pending 173 litigation: 1) Discussion of possible mutual release with regard to Jamison lawsuit and judgment and 2) Discussion of substitution of City of Pearland as party defendant in the place and stead of the Mayor and City Secretary in their official capacities in Cause No. 93M2753; styled Joy Niday Colson, et al. v. Pearland City Secretary Pat Jones, et al.; pending the 149th Judicial District Court of Brazoria County, Texas. SECTION 551.072 - Acquisition of land: Discussion of possible purchase of storm water detention sites. MEETING RETURNED TO OPEN SESSION AT 11:46 P. M. NEW BUSINESS (CONTINUED) RESOLUTION NO. R94-63, AUTHORIZING SUBSTITUTION OF CITY OF PEARLAND AS PARTY DEFENDANT IN PLACE AND STEAD OF MAYOR AND CITY SECRETARY IN CAUSE NO. 93M2753 Resolution No. R94-63 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Resolution No. R94-63 be passed and approved on its first and only reading. Said Resolution No. R94-63 reads in caption as follows: RESOLUTION NO. R94-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND AUTHORIZING AND APPROVING THE SUBSTITUTION OF CITY OF PEARLAND AS PARTY DEFENDANT IN THE PLACE AND STEAD OF THE MAYOR AND CITY SECRETARY IN THEIR OFFICIAL CAPACITIES IN CAUSE NO. 93M2753; STYLED JOY NIDAY COLSON, ET AL. V. PEARLAND CITY SECRETARY PAT JONES, ET AL.; PENDING IN THE 149TH JUDICIAL DISTRICT COURT OF BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. DIRECTION TO CITY STAFF REGARDING ACQUISITION OF LAND FOR STORM WATER DETENTION SITES It was moved by Councilmember Smith that City Staff be authorized to acquire, if possible, within the perimeters set by Council, various and sundry storm water detention sites in the watershed of Mary's Creek. Councilmember Smith further moved that he be allowed to assist Staff in securing this property and that the appropriate surveys, environmental studies, and appraisals be made. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 11:55 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1994. C. V. C 4696r, Maeor ATTEST: Pa Jones, 1ty Secretary, TRMC