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1995-02-13 CITY COUNCIL REGULAR MEETING MINUTES�e • MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND HELD ON FEBRUARY 13, 1995, 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 C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Amy McCullough Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Assistant Police Chief Chris Doyle. Absent from the meeting: City Secretary Pat Jones. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Richardson. Mayor Coppinger recognized local students from the audience. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the joint public hearings of January 23, 1995, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that the minutes of the regular meeting of January 23, 1995, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger asked Councilmember Smith to report on an H -GAC meeting which he attended with Councilmember Tetens. Mr. Smith reported favorably on the meeting and the City's participation in this organization. City Manager Grohman emphasized the importance of our relationship with H -GAC because they oversee some grant funds. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Tetens reported he attended the Chamber of Commerce banquet on February 4 where Mayor Coppinger was named Citizen of the Year. I Councilmember Weber read a citizen letter congratulating Mayor Coppinger on being chosen Citizen of the Year. Mayor Coppinger thanked everyone for the honor of being Citizen of the Year. Councilmember Richardson had nothing to report at this time. CITY MANAGER'S REPORT City Manager Grohman stated that due to the length of the agenda, he would have no report at this time but would answer questions as the evening developed. Councilmember Smith asked Mayor Coppinger to comment on litigation. Mayor Coppinger noted the suit brought by former Councilmembers against himself and others. Councilmember Smith questioned other litigation matters. Mayor Coppinger responded that the City Manager and Police Chief were also being named in the above suit and were being defended by Texas Municipal League. Many depositions have been taken with many more to come. Mayor Coppinger also commented on litigation with Mrs. Jamison and asked City Attorney McCullough about other suits. Ms. McCullough stated there were other suits but asked Councilmember Smith to be more specific. Mr. Smith responded he was interested in the one involving him personally in an EMS issue. Ms. McCullough said she would check into this and get back to him. City Manager Grohman commented on the overall litigation issues of the City noting that we were in good shape. City Manager Grohman announced that Harris County Flood Control in concert with the Corps of Engineers will soon begin clearing Clear Creek of vegetation which will have a dramatic effect on our drainage. It appears that Harris County Flood Control may take over maintenance of the Green Tee ditch in the next month, Mr. Grohman stated, which will be a positive step. Councilmember Smith informed that Brazoria County Drainage District No. 4 has a machine working at the Galveston-Brazoria County line to go upstream. CITIZENS 1. Dick Wagoner, Board of Trustees, Pearland Schools. Mr. Wagoner questioned the status of the long proposed additional road to the new high school site. Mayor Coppinger discussed the history of the project, noting that a capital improvements plan had been discussed at the workshop earlier this evening. City Manager Grohman informed engineering was being completed on the first phase of the road, John Lizer south to Highway 35. Then, it was thought a better plan would be to take the traffic all the way to FM 518 rather than emptying it on John Lizer which is inadequate and not easily widened. Continuing his remarks, Mr. Grohman stated Council authorized going forward on December 13 with engineering on the second phase, John Lizer to FM 518. Engineers are working on this now with completion expected in late March. Even though some of the dates have fluctuated due to the volatile bond market, —` a lot of preparatory work has been done and we expect to be close to schedule, Mr. Grohman informed. We hope to bid in May with construction beginning in August. A completion date of December of this year is expected for Phase One. Phase One will be two lanes, concrete curb and gutter section with a bridge, all the way to FM 518. Phase Two will be the second two lanes, building it up to four and doing most of the bulk of the drainage work in this phase. 210 Mayor Coppinger, assisted by City Manager Grohman, presented Mr. Wagoner with a proclamation proclaiming "School Board Recognition Month." Mayor Coppinger, assisted by Parks Director Hersh, presented the Pearland High School Choir with a proclamation in honor of their production of "The King and I." 2. Ray Corder, McGinnis Civic Club. Mr. Corder explained he and Mr. Beyers would speak at the appropriate agenda item if it was still necessary. 3. Edwin Harris, 2310 Green Tee. Mr. Harris stated he owns a 75 tract of land along Mary's Creek and understands the City is buying land in this area for detention ponds. His land has been appraised. Although he is concerned about flooding, Mr. Harris informed, he does not wish to sell and asked the City to find an alternate tract. Mr. Harris asked if the City had anything definite in mind regarding buying property as far west as his. City Manager Grohman stated five parcels have been identified on the upper end and one on the lower end of Mary's Creek that the City would like to purchase. These areas are negotiable and consideration for such tracts is usually given in an Executive Session, Mr. Grohman informed. It was suggested that Mr. Harris meet later in the week with Division Director Burdine to discuss this matter. Mayor Coppinger asked City Manager Grohman how the most desirable sites for the detention ponds were identified. The tracts were generally in the floodplain or floodway and would present a challenge to being developed, Mr. Grohman explained. The overall flood control project was discussed. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 685, DECLARING ANIMALS AT LARGE IN PUBLIC PARKS TO BE UNLAWFUL Ordinance No. 685 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 685 be passed and approved on its second and final reading. Said Ordinance No. 685 reads in caption as follows: ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND , TEXAS DECLARING ANIMALS AT LARGE IN PUBLIC PARKS TO BE UNLAWFUL; PROVIDING EXCEPTIONS; PROVIDING RULES AND REGULATIONS FOR THE CONTROL OF ANIMALS IN PUBLIC PARKS; ESTABLISHING SPECIAL EVENT PERMITS, REQUIRING FEE AND INSURANCE CERTIFICATE; PROVIDING FOR IMPOUNDMENT AND PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1994, BY LAIRSONe STEPHENS *REIMER, P.C. AND ACCEPTANCE OF AUDIT INTO RECORDS OF CITY 211 Mr. Bob Stephens of Lairson•Stephens*Reimer discussed the highlights of the City's annual audit. A question and answer period followed. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that the audit for the fiscal year ending September 30, 1994, be accepted into the records of the City. Motion passed 5 to 0. PRESENTATION OF STUDY OF FEASIBILITY OF ANNEXING MUNICIPAL UTILITY DISTRICTS LOCATED IN CITY'S ETJ BY LS&R CONSULTING GROUP, INC. Mr. Bob Stephens of LS&R Consulting Group discussed the report his firm had compiled regarding the feasibility of annexing municipal utility districts. MUD's 1, 2, 4 & 5 were primarily looked at, Mr. Stephens informed, with MUD Is 3 & 6 inactive at this time. The total debt service payments for the four active districts for the year ending December 31, 1995, is approximately $2.2 million. General fund expenditures and debt service projected for 1995 exceed projected revenues by approximately $1,853,000. Debt service for that year amounts to $2.2 million so the City would have a deficit funding mechanism due to the high debt service payments in that year and the years to come, Mr. Stephens explained, as it relates to the number of homeowners in the districts at this time. In order to break even if annexation were to occur, Mr. Stephens continued, the number of homes needed to be added in 1994 and 1995 was calculated. This is based upon the often unrealistic assumption that revenues rise and expenses remain constant. In Mud 1, approximately 400 homes would have to have already been added by December, 1993, with $479,000 of additional revenue, in order for that district to break even. Mud 2 would require 200 additional homes at an additional revenue of $371,000. Mud 4 would require 200 additional homes at an additional revenue of $228,000. Mud No. 5 would have to have 400 additional homes at an additional revenue of $402,000. There are other legal concerns to consider, Mr. Stephens cautioned, as he recommended the City not immediately annex these areas but have a plan in mind. Using the format developed by his firm, Mr. Stephens recommended Council watch for the right time when the figures are right for this proposed annexation. It was noted that the Southwyck area is expected to have a major building campaign begin soon. The area will be known as Silver Lakes. The effects of future annexation were discussed. It was moved by Councilmember Smith, seconded by Councilmember Weber, that this financial analysis be adopted into the records of the City. Motion passed 5 to 0. It was the concurrence of Council that Items No. 5, 6, 7, and 8 be considered at this time to accommodate those in the audience. CHANGE IN THE ORDER OF BUSINESS 212 ORDINANCE NO. 686, ANNEXING LAND INTO THE CITY Ordinance No. 686 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 686 be passed and approved on its first of two readings. Said Ordinance No. 686 reads in caption as follows: ORDINANCE NO. 686 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. It was noted there are no roads in these sections, but these are the oil well drilling sites which the City is annexing to have better control. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-58, AMENDING LAND USE ORDINANCE AT REQUEST OF DANIEL GUILLEN, AGENT FROM M-1 TO GB Ordinance No. 509-58 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 509-58 be passed and approved on its first of two readings. Said Ordinance No. 509-58 reads in caption as follows: ORDINANCE NO. 509-58 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, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN AIRPORT SITES SUBDIVISION FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF DANIEL GUILLEN, AGENT; 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. It was noted the Planning & Zoning Commission had recommended approval of this change in zoning. Mayor Coppinger noted a delegation of small business owners had expressed concern to him that this area is ideal for business development due to its vicinity between the railroad tracks and Highway 35. Mr. Coppinger asked if both sides could be appeased and suggested this item be tabled. Division Director Burdine stated the zone change would have to be one way or the other and it was discussed that business areas are not affected by this zone change. Councilmember Smith called for the question. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. 213 Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-59, AMENDING LAND USE ORDINANCE AT REQUEST OF DANIEL GUILLEN, AGENT FOR A SPECIFIC USE PERMIT TO ALLOW SINGLE FAMILY DWELLINGS IN A GENERAL BUSINESS DISTRICT Ordinance No. 509-59 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-59 be passed and approved on its first of two readings. Said Ordinance No. 509-59 reads in caption as follows: ORDINANCE NO. 509-59 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, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW SINGLE FAMILY DWELLINGS IN A GENERAL BUSINESS DISTRICT (GB) UPON CERTAIN TRACTS AND PARCELS OF LAND LOCATED IN AIRPORT SITES SUBDIVISION AT THE REQUEST OF DANIEL GUILLEN, AGENT; 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. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RECEIVE INTO RECORDS REPORT FROM P & Z COMMISSION REGARDING ZONING APPLICATION NO. 50, REQUEST OF GREENWOODS DEVELOPMENT, INC., AND COUNCIL DECISION THEREON Councilmember Smith read the following letter from the Planning and Zoning Commission into the records of the City: January 24, 1995 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Recommendation to the City Council on Application No. 50, Request of Greenwood Development, Inc., Owner, for an amendment to the Land Use and Urban Development Ordinance from Classification General Business (GB) to General Business - Planned Unit Development (GB -PUD) and Single Family Dwelling District - Planned Unit Development (R-3 PUD). Honorable Mayor and Councilmembers: The Planning and Zoning Commission, at a regular meeting held on January 23, 1995, after the joint public hearing, considered the above mentioned recommendation to the City Council. Vice Chairman Pat Lopez made the motion, seconded by Commissioner Charles Philipp, to recommend to the City Council the denial of Application No. 50. Motion passed 6 to 0. This is submitted for your consideration. Sincerely yours, 214 /s/ Emil Beltz, Chairman Planning & Zoning Commission EB/wks City Manager Grohman informed that the applicant had, by letter dated February 9, and received in the City Secretary's office on February 10, withdrawn his application. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the application be denied based upon the recommendation of the Planning and Zoning Commission. Citizen Input• -- 1. Ray Corder and Dave Beyers, McGinnis Civic Club. Messrs. Corder and Beyers stated they did not wish to speak at this time as the application had been withdrawn. Councilmember Weber asked that the motion be clarified. It was restated that Council is accepting the report of the Planning and Zoning Commission into the records of the City with the applicant having withdrawn his request. The maker and seconder of the motion agreed to this clarification. Motion passed 5 to 0. MEETING RECESSED AT 9:55 P. M. MEETING RECONVENED AT 10:00 P. M. RESOLUTION NO. R95-8, ORDERING ELECTION ON MAY 6, 1995, FOR PURPOSE OF ELECTING TWO MEMBERS OF CITY COUNCIL RESOLUTION NO. R95-9, APPOINTING PERSONS TO SERVE AT CENTRAL COUNTING STATION FOR MAY 6, 1995, CITY OFFICERS' ELECTION Resolution Nos. R95-8 and R95-9 were read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution Nos. R95-8 and R95-9 be passed and approved on their first and only readings. Said Resolution No. R95-8 reads in caption as follows: RESOLUTION NO. R95-8 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SIXTH DAY OF MAY, 1995, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Said Resolution No. R95-9 reads in caption as follows: RESOLUTION NO. R95-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE SIXTH DAY OF MAY, 1995. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. 215 ORDINANCE NO. 687, ALLOWING PRIOR SERVICE CREDIT TO EMPLOYEES FOR PREVIOUS SERVICE NOT CREDITED FROM ANY INCORPORATED CITY Ordinance No. 687 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Ordinance No. 687 be passed and approved on its first of two readings. Said Ordinance No. 687 reads in caption as follows: ORDINANCE NO. 687 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR ANY INCORPORATED CITY IN THE UNITED STATES OR ANY COUNCIL OF GOVERNMENTS IN TEXAS FOR WHICH SUCH EMPLOYEES HAVE NOT RECEIVED CREDITED SERVICE IN THIS SYSTEM; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B95-3, BACKHOE/FRONT END LOADER Council considered bids received from Lansdowne -Moody, Mustang Tractor & Equipment, Preco Machinery Sales, and Case Power & Equipment. Based upon the recommendation of Staff, it was moved by Councilmember Smith, seconded by Councilmember Weber, that Bid No. B95-3 be awarded to Lansdowne -Moody in the amount of $33,180.00 accepting Alternates A and B of their bid. City Manager Grohman asked if the extendable boom in the amount of $3,122 could also be authorized. The maker and seconder of the motion agreed to this amendment. Motion passed 5 to 0. AWARD OF BID NO. B95-4, 1976 CASE BACKHOE/FRONT END LOADER (TO BE SOLD BY CITY) This item was passed over as this equipment was accepted as a trade-in on the above bid. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AGREEMENT WITH PARTY TO ADVISE REGARDING ORGANIZATION OF ECONOMIC DEVELOPMENT CORPORATION City Attorney McCullough recommended the Pace Group, an economic development management consulting firm, which has experience in assisting cities in this type venture. Ms. McCullough listed the services they can provide the City in this area. The firm is willing to work with us regarding the costs of these services, City Attorney McCullough informed. Appointment of the board was discussed and City Manager Grohman suggested an executive session at the next Council meeting, or the first meeting in March, to consider the applicants. A time schedule is being developed, Ms. McCullough informed. City Manager Grohman related that approximately $6,500 has been designated in the budget for economic development. It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the City Manager be authorized to enter into an agreement with the appropriate party to advise regarding 216 organization of an economic development corporation. Motion passed 5 to 0. RECEIVE INTO RECORDS THE RECOMMENDATION OF P & Z COMMISSION REGARDING ANNEXATION TOWARD THE WEST City Manager Grohman stated this is a good recommendation and asked Commissioner Kevin Cole to comment. Mr. Cole stated there was currently no zoning or sign placement control over the FM 518 corridor to the west and recommended this become a priority of Council. Discussion concerned police protection in this area and it was expressed that a dramatic change is not expected as the Department of Public Safety covers this area, too. It was brought out that Clean Pearland had recently presented a resolution to Council in support of this annexation. City Manager Grohman expressed the hope that this could be accomplished this year if authorized by Council. Mr. Grohman also noted that P & Z Chairman Beltz as well as Commissioner Mayfield were in the audience. Ms. Mayfield stated she supports this action. Interaction with the municipal utility districts was discussed. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that the recommendation of the Planning and Zoning Commission to aggressively pursue annexation of a 1000' strip of FM 518 west to Highway 288 and a 1000' strip of Highway 288 from Clear Creek to the southern most point of the City's extraterritorial jurisdiction be accepted. Discussion concerned how the measurement of the 1000' strip would be figured. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO NAME GLEN ERWIN AND RICHARD BURDINE AS ASSISTANT CITY MANAGERS City Manager Grohman stated the City Charter, before its 1994 Charter amendments, stated the assistant city manager shall supervise all departments with the exception of Public Works. It was moved by Councilmember Weber, seconded by Councilmember Richardson to authorize the City Manager to name Glen Erwin and Richard Burdine as assistant managers, thereby changing their current titles of Division Directors. Motion passed 5 to 0. RESOLUTION NO. R95-10, CHANGING NAMES OF CERTAIN STREETS IN TWIN WOOD SUBDIVISION Resolution No. R95-10 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R95-10 be passed and approved on its first and only reading. Said Resolution No. R95-10 reads in caption as follows: RESOLUTION NO. R95-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE NAMES OF CERTAIN STREETS IN TWIN WOOD SUBDIVISION. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, & Richardson. Voting "No" - None. 21.7 Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO SIGN LETTER OF INTENT WITH GTE MOBILNET FOR LEASE OF A TOWER SITE ON CITY PROPERTY Assistant City Manager Richard Burdine explained that there are many uses for the Police Department property. GTE will assist in the planning, assistance, including civil engineering work, to help us come up with a master plan for the back of the property. For the long term, we may need additional parking for the Police Station, an impound area, a training tower for the Fire Department, and a shooting range. Mayor Coppinger inquired as to whether or not a lease had been worked out. Mr. Burdine stated there was not a lease and he is not recommending that Council authorize a signature on a lease for 25 plus years with GTE. We are saying we agree to work with them and they agree to work with us and we will accept their assistance to develop a plan. Once that plan is developed, from the staff's standpoint, we will be able to recommend or not recommend a lease of a small part of that site to GTE. At this point, we are not ready to make a recommendation to you because there isn't a plan. Councilmember Weber asked if this were an authorization to negotiate. Mr. Burdine stated that would come next and everything is on the table as far as the lease goes. He further stated that, at this point, he didn't know what we need to ask for. The letter of intent is saying Council will consider, as an option, leasing the site. Councilmember Weber stated that this is to tell GTE we are serious in this endeavor. Mr. Burdine said he wants an indication from Council that they will consider it. The letter is an offer from them to provide planning and civil design work with no strings attached. Councilmember Miller stated, as he understood, the City was planning to build a tower anyway at the Police Station and this would be in place of that at no expense to us, thereby saving the City the expense of building the tower. Mr. Burdine mentioned, Friendswood, Seabrook, and League City are working with them now. It was moved by Councilmember Smith, seconded by Councilmember Richardson that the City Manager be authorized to sign a letter of intent showing good faith on our part. Motion passed 5 to 0. ACCEPTANCE OF WEST OAKS SUBDIVISION, SECTION TWO -B, RENEE WEST, WEST DEVELOPMENT, OWNER City Engineer John Hargrove stated that this was the last section to be completed in West Oaks and he recommended that it be accepted for maintenance. It was moved by Councilmember Richardson, seconded by Councilmember Tetens to accept West Oaks Subdivision, Section Two -B as recommended by Mr. Hargrove. Motion passed 5 to 0. RESOLUTION NO. R95-11, AUTHORIZING STOP SIGNS IN WEST OAKS SUBDIVISION Resolution No. R95-11 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Resolution No. R95-11 be passed and approved on its first and only reading. 218 Said Resolution No. R95-11 reads in caption as follows: RESOLUTION NO. R95-11 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND SO AS TO CREATE A STOP INTERSECTION AT THE INTERSECTION OF WEST OAKS CIRCLE NORTH AND WEST OAKS CIRCLE EAST; AND FURTHER TO CREATE A STOP INTERSECTION AT THE INTERSECTION OF WEST OAKS CIRCLE SOUTH AND WEST OAKS CIRCLE EAST (WEST OAKS SUBDIVISION). Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, & Richardson. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:45 P. M. UNDER TEXAS GOVERNMENT CODE Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: UNDER SECTION 551.072 - DELIBERATION REGARDING REAL PROPERTY - Discussion of possible condemnation for Southwest Regional Wastewater Treatment Plant project. MEETING RETURNED TO OPEN SESSION AT 11:15 P. M. NEW BUSINESS: CONTINUED ORDINANCE NO. 688, AUTHORIZING CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SOUTHWEST REGIONAL WASTEWATER TREATMENT PLANT Ordinance No. 688 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 688 be passed and approved on its first of two readings. Said Ordinance No. 688 reads in caption as follows: ORDINANCE NO. 688 AN ORDINANCE DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 936,500 SQUARE FEET OF LAND, OR APPROXIMATELY 21.5 ACRES, EAST OF COUNTY ROAD 89 ALONG THE NORTH LINE OF PROPOSED SOUTHFORK DRIVE, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 547, IN PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE SOUTHWEST REGIONAL WASTEWATER TREATMENT PLANT AND ASSOCIATED PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN AND TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, & Miller. J Voting "No" - None. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 11:16 P.M. Minute approved as submitted and/or corrected this � day of A. D., 1995. David Smith, Mayor Pro\ -Tem ATTEST: Pat --J i—e ta'-S-ecr-etaryr---T-RMG Tommie Jean Vial, Interim City Secretary 219