2004-01-12 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
January 12, 2004 7:30 p.m.
MAYOR
Tom Reid
Richard Tetens
Mayor Pro-Tem
Position No. 1
Woody Owens
Position No. 2
COUNCIL MEMBERS
Charles Viktorin
Position No. 3
Larry Marcott
Position No. 4
Bill Eisen
City Manager
Klaus Seeger
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young Lorfing
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 12, 2004, 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
III. MAYOR'S ACTIVITY REPORT
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.
Minutes of the December 8, 2003, Regular Council Meeting held
at 7:00 p.m.
Minutes of the December 8, 2003, Regular Council Meeting held
at 7:30 p.m.
Minutes of the December 15, 2003, Special Council Meeting held
at 7:00 p.m.
Minutes of the January 5, 2004, Special Council Meeting held at
6:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION -
ACCEPTANCE OF SHADOW CREEK RANCH SF-21.
Mr. Doug Kneupper, City Engineer.
SUBDIVISION
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1143 - 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. 1144 - 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. 1145 - 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
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IX.
X.
Em
lA.
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. 1146 - 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 Attomey.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-685. City Council.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-685 - 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
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BEING LOT 23 AND LOT 24, BLOCK 3, WAGON WHEEL
SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY,
BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE)
(APPLICATION NO, 1135) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE
DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1148 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN
TEN FOOT (10') PUBLIC UTILITY EASEMENT RECORDED IN
VOLUME 21, PAGE 77 OF 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 Attomey.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 1147 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND
DISANNEXING CERTAIN TERRITORY FROM THE CITY AND
ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAIN-
ING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ASSIGNING THE AUTHORITY TO ISSUE
SINGLE FAMILY CONVERTIBLE MORTGAGE NOTES TO
BRAZORIA COUNTY AS THE SPONSORING POLITICAL
SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE
CORPORATION. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-3 - 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
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CONTRACT WITH COATES FIELD SERVICE, INC., FOR RIGHT-OF-
WAY ACQUISITION SERVICES ASSOCIATED WITH THE O'DAY
ROAD SEWER PROJECT. Mr. Bill £isen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
OF THE CORRIGAN BY-PASS DITCH DRAINAGE IMPROVEMENTS.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
PEARLAND PARKWAY PARADE ROUTE FOR "PARTY ON THE
PARKWAY", JANUARY 17, 2004. Ms. Lynn Munford, Public Affairs
Liaison.
aw
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH P T & T, LTD., FOR THE EXCAVATION OF DIRT
ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION
FACILITY. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2004-5 - 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 FREESE & NICHOS, INC. FOR ENGINEERING SERVICES
ASSOCIATED WITH THE CULLEN BOULEVARD SEWER PROJECT.
Mr. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING
THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY
FOR CITY FACILITIES. Mr. Darrin Coker, City Attomey.
SECTION 551.071 - CONSULTATION WITH ATTORNEY:
REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S
EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City
Attorney.
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NEW BUSINESS (CONTINUED):
10.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR
CITY FACILITIES. Mr. Darrin Coker, City Attorney.
11.
CONSIDERATION AND POSSIBLE ACTION - REGARDING LEGAL
MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL
JURISDICTION. Mr. Darrin Coker, City Attomey.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call Young
Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be
made.
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