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2000-09-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 25, 2000, 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 Tom Reid Mayor Pro -Tem Klaus Seeger Councilmember Helen Beckman Councilmember Woody Owens Councilmember Larry Marcott Councilmember Larry Wilkins Deputy City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Manager of Administrative Support Tobin Maples; Assistant City Attorney Nghiem Doan; Assistant Police Chief Johnny Spires; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallos; Director of Administrative Services Mary Hickling; Director of Finance Jim Causey; Project Manager Michael Ross; Public Works Director Jerry Burns; Parks and Recreation Director Ed Hersh; Purchasing Officer Gordon Island; Utility Accounts Supervisor Missy Miller; HR Coordinator Wendy Standorf. The invocation and the Pledge of Allegiance were led by David Kanewske, Michael Ward and Hunter Lee with Boy Scout Troop 464. Councilmember Beckman made the motion, seconded by Councilmember Marcott, to approve the minutes of the September 11, 2000, Joint Public Hearing held at 6:30 p.m.; the minutes of the September 11, 2000, (Annexation) Public Hearing held at 7:30 p.m.; the minutes of the September 11, 2000, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 1 of 15 - 9/25/2000 091 09? MAYOR'S ACTIVITY REPORT Mayor Reid, Councilmembers Owens and Wilkins presented a proclamation to Grand Knight Joseph Zvanut proclaiming October 14, 2000 as "Knights Of Columbus Days For Texas Charities." Mayor Reid and Councilmember Marcott presented a proclamation to Pearland Volunteer Fire Department Officer Buck Stevens proclaiming the week of October 8'h through 14`h, 2000 as "Fire Prevention Week." Mayor Reid and Parks and Recreation Director, Ed Hersh, presented a proclamation to the Shriners of Pearland, proclaiming October 13 through 14, 2000 "Shriners Hospitals For Children -Burned and Crippled." Mayor Reid reported on September 12 he attended the Pulte Ribbon Cutting, Strickland/Chamber Golf Tournament and also attended the news conference at the University of Houston announcing the new Beazer Golf Course Development; September 13 he attended the Adult Reading Board Meeting; September 14 he attended the ribbon cutting at the new Home Depot, the Pearland Lumber Recognition Breakfast and the Grand Opening of Dr. Orsak's office; September 18 he attended the Pearland/Alvin/Friendswood Quarterly School to Work Program Meeting, the PEDC Monthly Meeting and the Council Workshop; September 19 he attended the HGAC Monthly Board of Directors Meeting and the Adult Reading Center Open House; September 20 he attended the Industry of the Year Awards Dinner and on September 20- 23 he attended the TML Insurance Risk Pool Board of Directors Meeting. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the press conference at University of Houston and attended the Brazoria County United Way Kick Off Lunch; She also attended "Board Cutting" at the new Home Depot and attended the Keep Pearland Beautiful Recycle Planning Committee Meeting; She also attended the Adult Reading Center's Open House, the Leadership Council Meeting, Salute to Industry Dinner and attended the Keep Pearland Beautiful Board training meeting. Councilmember Owens reported he also attended the University of Houston press conference and met with Board of Governor's regarding Pearland Community College. He attended Christian Helping Hands Meeting regarding a new facility. Mayor Pro -Tem Seeger passed. Page 2 of 15 - 9/25/2000 093 Councilmember Marcott reported that he also attended the press conference at University of Houston and also attended preview night at the new Home Depot; he attended the Salute to Industry Awards Dinner and the Brazoria County City Association Meeting in Brazoria; He also attended the Keep Pearland Beautiful Board Meeting; also, attended the Adult Reading Center Open House, and attended Christian Helping Hands Board Meeting. Councilmember Wilkins stated that he does not have anything to add. CITY MANAGER'S REPORT Deputy City Manager, Alan Mueller, passed out the budget report for the month of August. He also reported that a fire hydrant has been installed and is in service in Green Tee to replace the one that was removed because of an automobile accident. Mr. Mueller also announced the mandatory water conservation is over and it will be voluntary after September 30, 2000. CITIZENS Mayor Reid announced that due to the large number of individuals that signed up to address Chemcentral, he will limit that topic to be addressed by six individuals as selected by the group. Don Hurta, 12703 Britt Rd., addressed Council and stated that the Chemcentral issue is important to him, he used to work in the industry. Mr. Hurta further addressed an article he read in the paper that Chemcentral is an office, a warehouse, a distribution center. Not a plant that manufactures, refines or processes chemicals. He gave a brief overview of Chemcentral's TNRCC application stating that no chemical reactors will be used at the plant. Chemical products will be received by transport trucks or rail cars and most will be stored in above ground storage tanks, portable I.V.C, 55 gallon drums with 5 gallon cans. Other products will be packaged directly into cans upon delivery from the vehicles. Chemical blends of two or more products will also be prepared in the actual container or tank trunk. No chemical product will be packaged in rail cars for off site delivery Emissions from any of these operations will be routed to a flare. In addition to the chemical storage facility, they will reuse 55 gallon drums. This process involves removing any material from the drum using a vacuuming system, then painting the drum using a dry filter spray gun. The operation will be done in the drum rehab area of the dock. This plant will have a total of 700,050 gallons of chemicals stored out there, and they will have a total of 70 tanks. He further stated it makes him wonder when they say they will blend right into the tank truckers, they've got four blending tanks Bi through B4 and he quotes blending will occur in one of four vertical blending vessels. One heated horizontal blending vessel is expected Page 3 of 15 - 9/25/2000 09" to be detected creating silicon mixture. The other three blending vessels will be vertical tanks. Each chemical product in the blend will be charged into blending vessels from storage tank, rail car or truck. The products will be mixed and discharged into another tank or repackaged for distribution. Blend tank two will have its emission to propose a plant flare, any products requiring emission control will only be mixed in this.vessel. Mr. Hurta also stated that Chemcentral is manufacturing chemicals and they have misled everyone else by saying what they are. Mr. Hurta also stated the flare will only destroy 98% of what gets put in. That other 2% will get out into our air. When Chemcentral is filling drums, the vapor is not caught. The drum area is open and it says in the application, it is open and if they do not catch them it goes out into the environment. He says they are not what they say they are. Susan Fowler, 4809 Comal, addressed Council and stated that an item about Chemcentral was not on the agenda. She further stated there are more than 50 citizens here tonight to address this, and only five are being allowed to speak in three minutes. Mark Packis, the lawyer for Chemcentral, stated in his deposition taken by the citizens of Brookside there is a list of 59 chemicals. When asked when the citizens would receive a list of these chemicals, and what they do to the air, water, health and community, he stated "Well it's going to take a long time, it's hundreds of chemicals." Ms. Fowler also is concerned about the flare. She wants growth in Pearland but not if it is chemical companies, and further stated that while the City promotes fire prevention they have approved chemicals that the firemen are not prepared to fight. Ms. Fowler stated that she was told by a fireman in Pasadena that some of the chemicals on the list can only be handled in special suits, and the closest fire department that is suited to handle this is 32 minutes away. If anything happened all the vapors would be in the air until the firemen could get there. The chemicals are being built over a water table, 40 feet. Everyone in that area uses water wells, and she is concerned if toxic waste gets into the wells. Lawhon Elementary is one mile from this site, Jamison and Sablatura, and possibly both junior highs would have to be evacuated, and houses are close by, and people are involved too. They were told to tell the T.N.R.C.C. how close they were to Chemcentral. Rachel Boughter, 2207Cedar St. states she is one mile from the site. She goes on to say how she read about this in the Pearland Journal and she felt Chemcentral was trying to lie about what they are going to sell. She stated she questions if the Commissioners are going to ask the TNRCC. to reopen the hearing and if the Councilmembers have received information from anyone besides Chemcentral about soil or water. She wants to know if the chemicals could possibly get into the water supply since everyone around this area has well water. Also what if the water supply is contaminated how will they all get water, and if Council has seen the risk management program from Chemcentral. She goes on to state what the plan will have in it, also if that would be available to the public to see. Pearland Page 4 of 15 - 9/25/2000 095 does not have a vehicle to respond to any problems chemicals can cause. She wants to know if there are any plans as to what to do if a chemical spill, fire or explosion occurs. She feels it's all being hidden from the public and that the Council is hiding the information from the public. Michael Cantu, 4813 Comal St., addressed Council and stated he is two miles from the site. Pearland is a beautiful city and this would just be an "eye sore" to the community causing land value to go down and an awful smell in the air. He doesn't want this City to become another Pasadena. He further stated that the Mayor needs to look out for the people not the money value behind this. There are other ways to bring money into the City, not just chemicals. He asked the Council to do their homework and inform the citizens. He feels this is all "hush-hush" for a reason, and wants to know what is going on. Walter Simmonds, 1508 Mykawa, addressed Council and stated he is right across the street from the site. Pearland paid $30,000 as an incentive for Chemcentral to come to Pearland. He remembers a chemical plant that is now shut down with a fence around it, and with a chemical truck that cannot be moved due to a spill. This place has been shut down for five years now. He further stated the New York Times says that Houston's smog levels this year exceeded federal standards. Houston is home to several chemical plants, perhaps this is why the smog level is so bad. He does not want this in Pearland. Kerrie Hlavaty, 5805 Brookside, addressed Council and stated she is also one mile from the site. She stated her five-year-old daughter will go to Lawhon which is one mile from the proposed site, and she feels it will be impossible to evacuate the elementary school when all the students are dependent on the teachers because they are so young. She's been here nine years and she loves Pearland, but she doesn't want this City to become like Deer Park or Pasadena. She feels the citizens have been here longer and Chemcentral is not welcome. She wants the citizens to vote on this issue. Ms. Hlavaty further stated she feels this will be a dangerous decision for the city. She read a letter from mayor of Brookside, George Carter, dated June 28, 1996 into the record. Dear Mayor Reid, I write this letter to share with you some of my concerns. It is now apparent that the City of Pearland has made the decision to make the west side of your town an Industrial section. 1 have received several complaints from the citizens of Brookside as to the quality of the air, now and in the future. I have asked the State to provide this city with some help to insure us as to keep our air clean. The City of Brookside prevailing winds are from the South and South -East. A study will be underway due to another concern, that is does the City of Brookside have an abnormal cancer rate. Page 5 of 15 - 9/25/2000 oys The City of Brookside also will be looking at the local Government code article 42.021, Extraterritorial Jurisdiction. The City of Brookside should fall under a 1/2 mile for cities of less than 5000 inhabitants. We hope that your city would keep your neighbors concern as one of your top priorities, for our air and water. The City Of Brookside has no desire to obtain any more land, but we will protect our rights as a City. Sincerely, George Carter Mayor City of Brookside The concerned citizens listed below signed a speaker request form to address Council regarding Chemcentral; Abelio Rios, 4819 Scott Rd.; W.R. Conners, 4710 Scott Ln.; Kimberly Trevino, 4710 Scott Ln.; Sandra Schaefer, 12611 Garden.; Karen Bryce, 6414 Scott Ln.; JoNell Mikulenka, 2402 Halbert.; E.J. Mikulenka, 2402 Halbert Dr.; Raymond T. Vial, 2303 Cedar; Tommie Jean Vial, 2303 Cedar; Frank Flores, 6823 Isah; Tencha Erickson, 4805 Comal St.; Erlinda Gonzales, 4803 Coma[; Frances Weido, 1933 Timber Creek; Sherrell Littrell, 5405Cunningham; Ira and Betty Doyce, 4814 Comal; Alice Mikulenka, 2319 Goodrich; Viola Nickerson, 4716 Comal; Maggie Hillis, 6303 Westcreek Dr.; Justin Hillis, 6303 Westcreek; David A. Lee, 2703 Hazel; Jose and Aide Alvarez, 6626 Scott Ln.; Rigoberta Saravia, 6676Scott Ln.; Rhonda McIntyre, 3703 Heather Ln.; Aaron Karolinski, 12710 Sunbrook Dr.; Shair Shippin, 4804 Comal, Rodney Powell, 12811 Wellborn; Herb Barrier, 12318 Thornbrair Dr.; Shannon Trahan, 4805 Scott, Alicia V. Medina, 4706 Comal; Randy Herbert, 1916 Prairie Creek; Tolonda Langehennig, 4703 Scott; Miss'Lette Raney, 6522 W. Creek Dr.; Belinda Morales, 6117 Brookside; Edwin and Dolores Hlavaty, 12811 Max Rd.; Paula Burleson, 3713 Helen; Jon Litterell, 5405 Cunningham; Sandy Bartkus, 5506 Cunningham Dr.; Barbara Eckenfels, 5512 Cunningham; Alejandria Velasquez, 4815 Comal; Sheryl Karolinski,12710 Sunbrook; Scott Dohon, 1020 S. Lee; Billie Poynter, 4717Scott; Caroline Moreno, 4819 Comal; Don Hurta, 12703 Britt Rd.; Susan Fowler, 4809 Comal; Rachel Boughter, 2207 Cedar St.; Michael Cantu, 4813 Comal St.; T.W. Linitti,12519 Garden Rd.; Melissa Martin, 1938 Garden Rd.; Charlotte Gonsoulin, 12802 Garden; Walter Simmonds, 1508 Mykawa; Kerrie Hlavaty, 5805 Brookside; Dave Miller, 3603 West Pine, addressed Council and stated he is concerned with the intent of the building ordinance. He gave an overview of a potential business relocating to Pearland, and now they have changed their plan to relocate here because of the location they want and the building regulations for that location. The business was going to offer Page 6 of 15 - 9/25/2000 097 150-200 jobs and make $6.7 million in capital investments, and the business is not a controversial type. Councilmember Owens asked if the deal is off? Dave Miller replied that it may be able to be revived if some of the issues were reconsidered. Brief discussion ensued between Council and Staff regarding the thoroughfare plan. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 987 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF SUB- DIVISION ENTRYWAY TREATMENTS INTO THE CITY'S RIGHTS-OF-WAY LOCATED AT THE INTERSECTIONS OF BAILEY ROAD AT QUAIL RUN DRIVE AND HARKEY ROAD AT RAVENWOOD DRIVE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Tobin Maples, Director of Administrative Support. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-486 - 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 11.423 ACRES OUT OF 27.056 ACRE TRACT, OUT OF A 48.035 ACRE TRACT OUT OF THE EASTERLY PART OF 94.243 ACRE TRACT, F.B. DRAKE SURVEY, A-1181, AND THE H. T. & B. R.R. CO. SURVEY, A-413, AS RECORDED IN VOL. 1288, PAGE 299, DEED RECORDS OF HARRIS COUNTY, TX (APPLICATION NO. 935) (3250 SOUTH SAM HOUSTON PARKWAY EAST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, DAVID E. BODDIE, AGENT FOR INDUSTRIAL POLYMERS CORPORATION 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, Director of Administrative Support. Page 7 of 15 - 9/25/2000 MM C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-487 - 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 2.289 ACRE TRACT OF LAND IN SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX, AS RECORDED IN VOL. 2, PAGE 23, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 936) (SOUTHWEST CORNER OF BROADWAY ST AND CULLEN BLVD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF PEACOCK PROPERTIES, INC., AGENT FOR METHODIST BOARD OF MISSIONS OF HOUSTON DISTRICTS, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Director of Administrative Support. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-488 - 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 TRACT I: 6 ACRES AND TRACT II: 0.216 ACRES BOTH BEING PART OF 6.62671 ACRE TRACT AND A PART OF 6.1264 ACRE TRACT, IN LOTS 5 & 6, JAMES HAMILTON SURVEY, A-881, HARRIS CO., TX, VOL. 83, PAGE 342, DEED RECORDS OF HARRIS CO., TX (APPLICATION NO. 938) (14011 SOUTH FREEWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE WOODS, AGENT FOR LINDA GREESON, AGENT FOR SOUTHWAY COMMUNITY CHURCH, 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, Director of Administrative Support. Councilmember Beckman made the motion, seconded by Counci[member Owens, to adopt the Consent Agenda Items A through D, on their second and final reading. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Page 8 of 15 - 9/25/2000 Motion Passed 5 to 0. 099 MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 845-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OFTHE CITY OF PEARLAND CODE OF ORDINANCES, FOR PURPOSES OF CONFORMING THE MEASURES REQUIREDTO PROPERLY DESIGNATE A DISABLED PARKING SPACE TO THAT REQUIRED BY STATE LAW; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR PROVISION OF PROPERLY DESIGNATED HANDICAPPED PARKING SPACES BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Nghiem Doan, Assistant City Attorney. Councilmember Owens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 845-1 on its first and only reading. Deputy City Manager, Alan Mueller, stated this is an item to conform the local disabled parking ordinance with the state law requirements. It will make it easier to enforce and for the court to uphold the tickets that are issued. Councilmember Owens asked if this just pertains to commercial businesses? Assistant City Attorney, Nghiem Doan stated that this applies to non-residential. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF RAVENWOOD ESTATES SECTION TWO SUBDIVISION. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Seeger made the motion, seconded by Beckman to accept Ravenwood Estates Section Two Subdivision. Deputy City Manager, Alan Mueller, stated that this is the standard final acceptance of subdivision and everything is in order for acceptance. Page 9 of 15 - 9/25/2000 1.0 Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman Voting "No" None. Motion Passed 5 to 0. FIRST READING ORDINANCE NO. 988 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A TWO-INCH (2") WATER LINE AND METER BOX INTO THE CITY'S RIGHT-OF-WAY LOCATED ALONG BROADWAY STREET WEST OF STATE HIGHWAY 288, IN THE CITY OF PEARLAND. Mr. John Hargrove, City Engineer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 988 on its first reading. Deputy City Manager, Alan Mueller, gave a brief presentation of the location for the proposed encroachment for a private water line. When the City provides water service to this location the line being approved through this encroachment will be abandoned. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION REMOVE FROM TABLE RESOLUTION NO. R2000-98. City Council. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to remove Resolution No. 82000-98 from the table. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-98 - 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 CARTER & BURGESS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITHTHE SHADOWCREEK PARKWAY SEWER PROJECT, PHASE 11. Mr. Michael Ross, Project Manager. Page 10 of 15 - 9/25/2000 10 Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-98. Deputy City Manager, Alan Mueller, stated this engineering contract was tabled two weeks ago and the questions that were asked at that time have been addressed. Councilmember Owens stated that Staff did very well on addressing the questions. He further stated that anytime he asked questions it is for the betterment of the City, and is not directed at anybody or the capabilities, or experience of anyone. He stated he appreciates Staff making the changes to the contract. City Attorney, Darrin Coker, stated that next time a red -line copy will be available for review as requested by Councilmember Marcott. Councilmember Owens stated that he appreciates getting the Council packet on Thursday. It allowed extra time to review the documents and ask questions ahead of time. Councilmember Beckman also stated it was nice to have the Council packet a day ahead of time. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B98-15 FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CULLEN WATER AND SEWER IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID CONSTRUCTION. Mr. Michael Ross, Project Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-105. Deputy City Manager, Alan Mueller, gave a presentation regarding this project. Councilmember Marcott stated he appreciates getting the map. It makes it easier to look at and understand what Council is approving. Brief discussion ensued between Council and Staff regarding this project. Page 11 of 15 - 9/25/2000 .102 Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DEDUCTING $82,088.93 IN BAD DEBT FROM THE CITY'S FINANCIAL STATEMENTS. Mr. Jim Causey, Finance Director. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-106. Deputy City Manager, Alan Mueller, stated this is an accounting mechanism that the Auditor recommended that the City do to get debt over a certain age to be written off the books, however, the City will still pursue the collection of these bad debts. This is not writing off the effort to try and collect the debt. As far as the accounts receivable go it will be removed from the ledger. Councilmember Beckman stated it is something to see such a long list of people who do not pay their water bill. Councilmember Marcott addressed a couple of the accounts that are on the list and they are still in business. City Attorney, Darrin Coker stated that the legal department will be sending letters out to the majority of the list in an effort to collect these past due amounts. Utility Accounts Supervisor, Missy Miller, stated that these accounts are over a year old. Additional discussion ensued between Council and Staff regarding these past due accounts. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION -APPOINTMENT OF JESSIE GUITERREZ TO FILL AN UNEXPIRED TERM ENDING SEPTEMBER 2001, APPOINT TRISH MATHISON TO A THREE-YEAR TERM, AND REAPPOINT DWAYNE LUM AND JACK CLICK TO A SECOND THREE - Page 12 of 15 - 9/25/2000 103. YEAR TERM TO THE PARKS, RECREATION AND BEAUTIFICATION BOARD. Mr. Ed Hersh, Director of Parks and Recreation. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to appoint Jessie Guiterrez to fill an unexpired term ending September 2001, appoint Trish Mathison to a three-year term, and reappoint Dwayne Lum and Jack Click to a second three-year term to the Parks, Recreation and Beautification Board. Deputy City Manager, Alan Mueller, stated these are the recommendations from the Parks and Recreation Director for Council's consideration. Mayor Reid made a brief comment about each of the individuals and stated he would recommend them personally. Councilmember Marcott stated he has some concerns about the process. He stated he does not have a problem with the people being considered it is the process. He further stated he would like to see the applications before Council is asked to vote on them, and would like to know when someone leaves a board. The Council is primarily responsible for the boards, therefore, Council should have some type of information on them. He further stated that Council should receive agendas for each of the boards as well as the minutes of their meetings. Councilmember Wilkins stated that he would like to see the Director have a say in the selection of a board or commission. Councilmember Owens stated that he agrees with Councilmember Marcott. Councilmember Wilkins and Councilmember Owens had a brief discussion regarding their concerns and the method the selecting board members Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:30 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Page 13 of 15 - 9/25/2000 104 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - REGARDING REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072- REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION REGARDING THE DELIBERATION OF THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR THE DISMISSAL OF THE CITY MANAGER. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:41 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCILACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY LOCATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger , to authorize the City Staff to initiate negotiation for the purchase of real property. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCILACTION- REGARDING THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, ORTHE DISMISSALOFTHE CITY MANAGER. City Council. Page 14 of 15 - 9/25/2000 105 Councilmember Beckman made the motion, seconded by Owen, to accept the resignation of Glen Erwin, City Manager. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None, Motion Passed 5 to 0. Councilmember Beckman made the motion, seconded by Owen, to appoint Alan Mueller as Interim City Manager and establish the salary in accordance with Exhibit "A". Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:42 p.m. Minutes approved as submitted and/or corrected this the 99`h day of October, 2000. IV Al" Tom Reid Mayor ATTEST: Page 15 of 15 - 9/25/2000 106 THIS PAGE LEFT BLANK INTENTIONALLY