Loading...
2002-03-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 11, 2002, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Woody Owens Larry Wilkins Bill Eisen Darrin Coker Young Lorfing Absent: Mayor Pro -Tem Larry Marcott and Councilmember Klaus Seeger. Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Parks and Recreation Director Ed Hersh; Director of Human Resources and Safety Management Mary Hickling; Assistant City Attorney Nghiem Doan; Project Director Joe Wertz; Grants and Strategic Planning Coordinator Chris Kidwell. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid reported on February 28 he attended a ribbon cutting for the Associated Credit Union at the Randall's grocery store at Silverlake, gave the Mayor's State of the City Address, and attended the Pearland Health Facilities Development Corporation Board Meeting; March 2 attended the Scout Troop# 464 Pancake Supper; March 3 attended St. Helen's Catholic Church Family Day; March 4 met with Beazer Homes Developer; March 5 attended a ribbon cutting at Wal-Mart on State Highway 35 and then an AARP Monthly Meeting; March 6 attended Keep Pearland Beautiful Recycle Committee Meeting; March 7 attended South Campus San Jacinto College to honor Women's History Month and then attended the Pearland College Board of Directors -Meeting; March 8 attended a ribbon cutting for Kohl's Department Store at Silverlake Village and then met with a citizen and City Attorney, Darrin Coker. Page 1 of 14 - 3/11/2002 COUNCIL ACTIVITY REPORTS Councilmember Tetens passed on giving a report. Councilmember Owens reported on the brisk sales at the new Kohl's Department Store. Councilmember Wilkins stated he attended the Chamber of Commerce State of the City Address given by the Mayor. He further reported that he attended the Knights of Columbus Fish Fry, met with citizens from Dixie Wood subdivision and enjoyed shopping at the new Kohl's Department Store. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported that there is a link on the City's website to check the status of the Bond Projects. For those who do not have access to the Internet, Staff would be happy to answer any questions. He further reported he attended the Brazoria County Partnership Meeting, which was the first meeting of this type that the Partnership had where they invited all of the cities that are members of the Partnership. The Partnership gave an update on what the they are doing and each City had an opportunity to give a short update on what is going on in each of those individual cities. CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the February 11, 2002, Public Hearing held at 6:30 p.m. 2. Minutes of the February 18, 2002, Special Meeting held at 7:00 p.m. 3. Minutes of the February 25, 2002, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL MEETING HELD ON FEBRUARY 11, 2002. City Council. Page 2 of 14 - 3/11/2002 C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF PARK VILLAGE ESTATES SECTION FOUR. Mr. John Hargrove, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF LAKES ONE AND TWO (THE FAIRWAY AT HIGHLAND GLEN.) Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-567 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR STORAGE AND MINI - WAREHOUSES, EXCLUDING ANY OUTSIDE STORAGE ON THE FOLLOWING PROPERTY, BEING 4.69 ACRES, BEING LOT 7A, WHICH IS THE SOUTH 1/20F LOT 7, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A- 243, AS RECORDED IN VOLUME 111, PAGE 184, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 100) (2109 CULLEN BOULEVARD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF CLASSIC STORAGE STATION 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, Executive Director of Community Services. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-568 - 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 Page 3 of 14 - 3/11/2002 BEING LOT 11, OUT OF LOT 20, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1022)(7205 CLIFF STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF KEVIN T. MORTON, 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, Executive Director of Community Services. G. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 509-569 -AN ORDINANCE OFTHE 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 .76 ACRES OF LAND SITUATED IN A 10 ACRE TRACT OF LAND IN THE SOUTH 1/2 OF THE NORTHEAST 1/a OF THE SOUTHEAST 1/a OF THE G.C. SMITH SURVEY, SECTION 16, A- 546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1021)(6033 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R- 1) AT THE REQUEST OF HECTOR L. & ELVIA M. GUERRERO, OWNERS, PROVIDING FORAN AMENDMENTOFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-570 - 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 2.2488 ACRES, OUT OF AND BEING PART OF A 60.13 Page 4 of 14 - 3/11/2002 ACRE TRACT, ALLISON RICHEY, ALLISON RICHEYGULF COAST HOME COMPANY'S SUBURBAN GARDENS, H. T. & B. R.R. COMPANY SURVEY, SECTION 10, A-505, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1019) (BROOKSIDE ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF TONG & TRUC QUAN BACH VO, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-571 -AN ORDINANCE OFTHE 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.7219 ACRE TRACT OUT OF A 40 ACRE TRACT, CALLED TRACT 35, H. T. & B. R.R. CO. SURVEY, SECTION 7, A-219, AS RECORDED IN VOLUME 850, PAGE 635, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1023) (6215 DUBLIN LANE)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF KYLE HUNT, 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, Executive Director of Community Services. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1054 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN FORTY FOOT (40') WIDE RIGHT OF WAY LOCATED ADJACENT TO LOTS 3 AND 4 OF THE L.W. MURDOCK SUBDIVISION IN THE A.C.H. & B.R.R. CO. SURVEY, SECTION 2, ABSTRACT 507, WITHIN THE CORPORATE CITY Page 5 of 14 - 3/11/2002 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. K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1055 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 WITHIN THE CITY'S CORPORATE BOUNDARIES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALERCLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION OF SOCCER FIELD LIGHTING AT CENTENNIAL PARK. Mr. Gordon Island, Purchasing Officer. M. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A MINI EXCAVATOR. Mr. Gordon Island, Purchasing Officer. N. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 AUTHORIZING THE ISSUANCE OF $3,575,000 UNLIMITED TAX BONDS, SERIES 2002. Mr. Darrin Coker, City Attorney. O. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENT OF JOEL GUTIERREZ TO SERVE ON THE HEALTH FACILITIES DEVELOPMENT CORPORATION BOARD FOR A 2 -YEAR TERM. Mr. Darrin Coker, City Attorney. Page 6 of 14 - 3/11/2002 P. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE PROCEDURE BY WHICH CLOSED MEETINGS (EXECUTIVE SESSIONS) ARE CONDUCTED. Mr. Darrin Coker, City Attorney. 0. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2002 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. R. CONSIDERATION AND POSSIBLE ACTION - BOND SCHEDULE. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through R, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-H - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENTORDINANCEOF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Tobin Maples, Executive Director of Community Services. Page 7 of 14 - 3/11/2002 Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 509-H. City Manager, Bill Eisen, stated this is an issue in which Council has had a Workshop and Public Hearing. This item proposes 7 changes to the Land Use Ordinance. The first of the proposed changes deals with a definition to differentiate between outside storage and outside display of merchandise for sale purposes. Staff does not recommend the adoption of the proposed definition. Three other changes are somewhat related in that they address outside storage adjacent to residential areas. One of the proposed amendments is related to building facades, which encompasses change of occupant and facade requirements. The last proposed amendment encompasses off-street parking incidental to residential and non-residential main uses. Currently, the ordinance allows off-street parking for non- residential uses in residential areas. Brief discussion ensued between Council and City Manager regarding the proposed changes to the Land Use Ordinance. Voting "Aye" Councilmembers Wilkins, Owens, and Tetens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. FIRST READING OF ORDINANCE NO. 943-5 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF AN INTEGRATED TRANSPORTATION SYSTEM IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 943-5. City Manager, Bill Eisen, stated this issue was discussed by Council in, a previous Workshop and Public Hearing. Discussion ensued between the Council, City Manager, and Executive Director of Community Services Tobin Maples regarding the proposed amendments to the Thoroughfare Plan. Page 8 of 14 - 3/11/2002 Voting "Aye" Councilmember Wilkins. Voting "No" Councilmembers Tetens and Owens. Motion Failed 2 to 1, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2002-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1, SUPPLEMENT #1, FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Manager. Council member Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2002-44. City Manager, Bill Eisen, stated at a previous Workshop, Council had asked for Turner, Collie & Braden to do an additional amendment to their Program Management contract to include 2 additional projects for Yost and Barry Rose Road. Council and Staff discussed details of Work Authorization #1. Voting "Aye" Councilmembers Wilkins, Owens, and Tetens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2002-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN RIGHT-OF-WAY ACQUISITION CONTRACT WITH COBB FENDLEY AND ASSOCIATES FOR ACQUISITION SERVICES ASSOCIATED WITH THE FITE/WAGON TRAIUHATFIELD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Wilkins, -to approve Resolution No. R2002-45. City Manager, Bill Eisen, stated this is an agreement for right-of-way acquisition with Cobb Fendley and Associates for approximately 33 individual tracts associated with the Fite/Wagon Trail/Hatfield Water and Sewer Project. Page 9 of 14 - 3/11/2002 Brief discussion ensued between Council and City Attorney regarding the proposed right- of-way acquisition contract. Voting "Aye" Councilmembers Tetens, Owens, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2002-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION FOR A FLOOD MITIGATION PLANNING GRANT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Mr. Chris Kidwell, Grants and Strategic Planning Coordinator. Councilmember Wilkins made the motion, seconded by Council member Tetens, to approve Resolution No. R2002-40. City Manager, Bill Eisen, stated there are several reasons why this was brought before Council, with one being that funding is now available for this type of planning, another being that an approved mitigation plan will improve chances to receive additional mitigation grants. It can also earn CRS (Community Rating System) credits, which could provide flood insurance discounts for residents. The Federal Emergency Management Agency (FEMA) provides planning grants through the Flood Mitigation Assistance program, requiring a 25% local match, and would be 75% FEMA funded. Voting "Aye" Councilmembers Wilkins, Owens, and Tetens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2002-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A LANDSCAPING MAINTENANCE AGREEMENT ASSOCIATED WITH THE MAINTENANCE OF PROPERTIES PURCHASED THROUGH THE FEMA BUYOUT PROGRAM. Mr. Darrin Coker, City Attorney. CounciImember Tetens made the motion, seconded by CounciImember Owens, to approve Resolution No. R2002-49. Page 10 of 14 - 3/11/2002 -- City Manager, Bill Eisen,stated that the City is in the process of acquiring certain properties in the City as part of the accelerated Buyout Program using FEMA funds. Although the City is responsible for perpetual maintenance of these properties, residents and homeowners associations have expressed interest in .obtaining the use of these properties. Although the City assumes responsibility for maintaining any property acquired through the program, the City has the authority to enter into maintenance agreements with willing third parties. The attached agreement outlines the rights and responsibilities of individuals desiring to use and maintain properties acquired by the City through the Buyout Program. City Attorney, Darrin Coker, stated this is not a lease agreement and is a non-exclusive arrangement. If someone enters into an agreement with the City to maintain the property, it does not mean they have exclusive use of that property. The property is open to the public. Brief discussion ensued between Council and Staff regarding the details of the landscaping maintenance agreement. Voting "Aye" Councilmembers Tetens, Owens, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCIL ACTION - RESOLUTION NO. R2002-43 - 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 TN EDMONDS AND ASSOCIATES FOR APPRAISAL SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD OVERPASS PROJECT. Mr. Bill Eisen, City Manager. Item passed with no Council action taken. COUNCIL ACTION - RESOLUTION NO. R2002-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS FOR A VICTIMS' ASSISTANCE DISCRETIONARY GRANT AND EXECUTE ANY AGREEMENTS NECESSARY TO RECEIVE SAID GRANT. Mr. Chris Kidwell, Grants and Strategic Planning Coordinator. Page 11 of 14 - 3/11/2002 Councilmember Owens made the motion, seconded by CouncilmemberTetens, to approve Resolution No. R2002-50. City Manager, Bill Eisen, stated the City has been awarded a grant by the Attorney General's office for the Victims Assistance Program. This is an 18 -month -grant in the amount of $105,180 and does not require local matching funds. The purpose of the program is to fund the position, and any associated costs, to provide people specific advice in getting through the legal system if they have been a victim of crime and also provide them with any information regarding any victims' assistance funding that might be available through the State of Texas. Voting "Aye" Councilmembers Wilkins, Owens, and Tetens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:48 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY REGARDING THE ACQUISITION OF LAND (DIXIE FARM ROAD). Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY REGARDING THE ACQUISITION OF LAND (SERVICE CENTER). Mr. Darrin Coker, City Attorney. 3. SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY REGARDING THE ACQUISITION OF LAND (PARKS). Mr. Darrin Coker, City Attorney. 4. SECTION 551.072 - DISCUSSION WITH CITY ATTORNEY REGARDING THE ACQUISITION OF LAND (PEARLAND PARKWAY). Mr. Darrin Coker, City Attorney. Page 12 of 14 - 3/11/2002 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:00 p.m. COUNCIL ACTION -DIRECTION TO STAFF REGARDING THE ACQUISITION OF LAND (DIXIE FARM ROAD). Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION - RESOLUTION NO. R2002-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH LAN ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD STORM SEWER INSTALLATION PROJECT. Mr. Alan Mueller, Deputy City Manager. No Council action taken. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE ACQUISITION OF LAND (SERVICE CENTER). Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to authorize Staff to execute an earnest money contract for the purchase of property to be used for the expansion of the City's Service Center Facility. Voting "Aye" Councilmembers Wilkins, Owens, and Tetens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE ACQUISITION OF LAND (PARKS). Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to authorize Staff to execute an earnest money contract for the purchase of park property. City Attorney, Darrin Coker, stated any future purchase of both properties would have to come back to Council for final approval. Page 13 of 14 - 3/11/2002 Voting "Aye" Councilmembers Tetens, Owens, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. COUNCILACTION - DIRECTION TO STAFF REGARDING THE ACQUISITION OF LAND (PEARLAND PARKWAY). Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to authorize Staff to proceed with the purchase of property for the development of Pearland Parkway as discussed in Executive Session. Voting "Aye" Councilmembers Wilkins, Owens, and Tetens. Voting "No" None. Motion Passed 3 to 0, with Mayor Pro -Tem Marcott and Councilmember Seeger absent. ADJOURNMENT Meeting was adjourned at 10:03 p.m. Minutes approved as submitted and/or corrected this the 25" day of March , 2002. ATTEST: NWA i.� I// 1ly .1r� ung - .�"� Tom Reid Mayor Page 14 of 14 - 3/11/2002