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1998-01-12 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JANUARY 12, 1998, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS IV. VII. VIII. IX. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: 1. Minutes of the December 8, 1997, Public Hearing held at 6:30 p.m. 2. Minutes of the December 8, 1997, Regular Meeting held at 7:00 p.m. 3. Minutes of the December 8, 1997, Regular Meeting held at 7:30 p.m. 4. Minutes of the December 12, 1997, Special Meeting held at 4:00 p.m. 5. Minutes of the December 15, 1997, Special Meeting held at 6:00 p.m. MAYOR'S ACTIVITY REPORT 1. Presentation - "Award" COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARINGS None. UNFINISHED BUSINESS: None. Page 1 of 5- 1/12 X. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AUTHORIZING THE ISSUANCE OF $2,700,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1998. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $2,170,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1998. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 AUTHORIZING THE ISSUANCE OF $1,980,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1997. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE ALL AGREEMENTS RELATED TO THE 1998 CRIME STOPPERS ASSISTANCE FUND AND ALLOCATING IN-KIND SERVICES AS MATCH FROM THE CITY OF PEARLAND. Page 2 of 5 - 1/12 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DECLARATION OF OFFICIAL INTENT OF LESSEE TO USE PROCEEDS OF LEASE-PURCHASE AGREEMENT(S) WITH BANC ONE LEASING CORPORATION TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES PREVIOUSLY APPROVED BY COUNCIL. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A WATER CANAL EASEMENT FOR GULF COAST WATER AUTHORITY REGARDING CANAL A. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT FOR THE PEARLAND INDEPENDENT SCHOOL DISTRICT ("PISD") REGARDING CONSTRUCTION OF A DRIVEWAY ACROSS PROPERTY OWNED BY THE CITY ADJACENT TO PEARLAN D PARKWAY. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 822-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC PROJECT TO CONSTRUCT, OPERATE, AND MAINTAIN A MAJOR THOROUGHFARE BETWEEN MYKAWA AND STATE HIGHWAY 35 (MAIN STREET) INCLUDING BUT NOT LIMITED TO AN OVERPASS OVER BURLINGTON NORTHERN SANTA FE RAILROAD ("BNSF RAILROAD") AND HICKORY SLOUGH WHICH AUTHORIZES THE PEDC STAFF AND OTHER CITY OFFICIALS, OR THEIR DESIGNEES, TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN PROPERTY LOCATED WITHIN THE CITY BY Page3of5-1/12 GRANT, DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN AND MAKES VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROVIDE THOROUGHFARES INURES TO THE BENEFIT OF THE TRAVELLING PUBLICAND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B97-20 FOR SEQUENCING BATCH REACTOR EQUIPMENT FOR THE SOUTHWEST ENVIRONMENTAL CENTER 2.0 MDG WASTEWATER TREATMENT PLANT. 10. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM TWO REGULAR MEETINGS HELD'ON DECEMBER 8, 1997. 11. CONSIDERATION AND POSSIBLE ACTION - APPROVE AND RATIFY CITY ATTORNEY'S HIRING OF ASSISTANT CITY ATTORNEY, DARRIN COKER. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS REVIEW APPLICATIONS FOR APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS AND APPEALS. m SECTION 551.071 CONSULTATION WITH CITY ATTORNEY REGARDING PENDING LITIGATION - DISCUSSION REGARDING RETENTION OF OLSON & OLSON AS LEGAL COUNSEL FOR REPRESENTATION IN BROOKSIDE VILLAGE LITIGATION. Page 4 of 5 - 1/12 m SECTION 551.071 - CONSULTATION WITH REGARDING POTENTIAL LITIGATION REGARDING TOM LEONARD. CITY ATTORNEY - DISCUSSION NEW BUSINESS (CONTINUED) 12. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENTS AND APPEALS. 13. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO THE CITY ATTORNEY REGARDING RETENTION OF OLSON & OLSON AS LEGAL COUNSEL FOR REPRESENTATION IN BROOKSIDE VILLAGE LITIGATION. 14. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING POTENTIAL LITIGATION WITH TOM LEONARD. XI. ADJOURNMENT For special assistance, please call YOUNG LORFING at 281-485-2411/Ext. 341 prior to the meeting so that appropriate arrangements can be made. Page 5 of 5 - 1/12