2005-01-10 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
January 10, 2005
7:30 p.m.
MAYOR
Tom Reid
Charles Viktorin
Mayor Pro-Tem
Position No. 3
Richard Tetens
Position No. 1
COUNCIL MEMBERS
Woody Owens
Position No. 2
Larry Marcott
Position No. 4
Bill Eisen
City Manager
Kevin Cole
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young LorFmg
City Secretary
In accordance with the Texas Open Meeting Act the Agenda is posted for public
information, at all times, for at least 72 hours preceding the scheduled time of the meeting
on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive.
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JANUARY 10, 2005, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND PLEDGE OF ALLEGIANCE
II1. MAYOR'S ACTIVITY REPORT
1. Presentation of Proclamation -"Nell Irene Fuller Day"
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED
TO BE ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE
CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE
MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION
ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX.
MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
2.
3.
4.
5.
Minutes of the August 16, 2004 Joint Public Hearing held at 6:30
p.m.
Minutes of the September 20, 2004 Joint Public Hearing held at
6:30 p.m.
Minutes of the December 8, 2004, Special Council Meeting held
at 7:00 p.m.
Minutes of the December 13, 2004, Regular Council Meeting held
at 7:00 p.m.
Minutes of the December 13, 2004, Regular Council Meeting held
at 7:30 p.m.
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Minutes of the December 20, Special Council Meeting held at
6:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1193 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE
LIMITS OF THE CITY OF PEARLAND UPON E. CIRCLE DRIVE
FROM FM 518 TO 3404 E. CIRCLE DRIVE; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVINGS CLAUSE,
ASEVERABILITY CLAUSE AND A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO ESTABLISH "NO PARKING" ZONES INURES TO THE
BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Jerry Bums, Director of Public Works.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1197 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF
ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO
TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN; AND DECLARING AN EMERGENCY AS THE
CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1195 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF CITY
FACILITIES ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND
OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE
CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN; AND DECLARING AN
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IX.
X.
Hu
EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE. Mr. Dardn Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1196 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF CITY
FACILITIES ON CERTAIN REAL PROPERTY DESCRIBED HEREIN;
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND
OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE
CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE
POWER OF EMINENT DOMAIN; AND DECLARING AN
EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL
IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-9 - 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 BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 FOR
REPAIR OF THE TIMBER BRIDGE LOCATED AT THE
INTERSECTION OF ROY ROAD AND HICKORY SLOUGH.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR STREET REHABILITATION SERVICES.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY
CONTRACT FOR MOTOR FUEL. Mr. Bill Eisen, City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO MAKE APPLICATION FOR GRANT FUNDS
PROVIDED THROUGH THE REGIONAL HOMELAND SECURITY
COORDINATING COUNCIL. Mr. Steve Chapman, Fire Marshal.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RATIFYING AN EMERGENCY
EXPENDITURE FOR REPAIRS TO THE ALICE STREET WATER
WELL. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER
TREATMENT PLANT EXPANSION PROJECT. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-2 - 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 PROJECT
SURVEILLANCE, INC., FOR CONSTRUCTION INSPECTION
SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER
TREATMENT PLANT EXPANSION. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE O'DAY ROAD SANITARY
SEWER PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-1 - 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 CONTRACT MANAGEMENT AND
INSPECTION SERVICES ASSOCIATED WITH THE O'DAY,
MAGNOLIA AND JOHN LIZER SANITARY SEWER PROJECTS.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2005-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
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HIS DESIGNEE TO ENTER INTO A CONTRACT WITH
WASHINGTON GROUP INTERNATIONAL FOR CONSTRUCTION
MANAGEMENT SERVICES ASSOCIATED WITH THE WEST
MARY'S CREEK DETENTION PROJECT. Mr. Bill Eisen, City
Manager.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE RESOLUTION NO. R2004-184. City Council.
8A.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A LETTER OF AGREEMENT WITH
BEAZER HOMES TEXAS, L.P., FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE PEARLAND PARKWAY ROUND-A-BOUT.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 1187. City Council.
9A.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
'ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION
OF A CERTAIN TWENTY FOOT (20') SANITARY SEWER
EASEMENT RECORDED IN VOLUME 1506, PAGE 508 OF THE
PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
10.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1158-1 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 19, NOISE, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, FOR THE PURPOSE OF UPDATING THE
ORDINANCES RELATIVE TO NOISE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
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SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY. Mr. Darrin Coker, City Attorney.
SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS TO THE CHARTER REVIEW COMMISSION
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
11.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY.
Mr. Darrin Coker, City Attorney.
12.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
APPOINTMENTS TO THE CHARTER REVIEW COMMISSION.
City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfin.q at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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