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2002-01-14 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND , CITY COUNCIL JANUARY 14,2002 7:30p.m. MAYOR Tom Reid Larry Marcott Mayor Pro-Tem Position No. 4 COUNCIL MEMBERS Richard Tetens Woody Owens Position No. 1 Position No. 2 Larry Wilkins Bill Eisen Klaus Seeger Position No. 3 City Manager Position No. 5 Darrin Coker Alan Mueller Young Lorf'mg City Attorney Deputy City Manager 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 14, 2002, 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 1. Presentation of TML award recently received by the Parks and Recreation Department, 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 COUNClLMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MA TTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the November 19, 2001, Public Hearing held at 6:00 p.m. 2. Minutes of the November 19, 2001, Public Hearing held at 6:30 p.m. Page 1 of 8 - 1/14/2002 3. Minutes of the November 19, 2001, Public Hearing held at 6:30 p.m. 4. Minutes of the November 19, 2001, Special Council Meeting held at 7:30 p.m. 5. Minutes of the November 26, 2001, Regular Council Meeting held at 7:30 p.m. 6. Minutes of the December 10,2001, Public Hearing held at 6:30 p.m. 7. Minutes of the December 10, 2001, Regular Council Meeting held at 7:00 p.m. 8. Minutes of the December 10, 2001, Regular Council Meeting held at 7:30 p.m. 9. Minutes of the December 17, 2001, Special Meeting held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2002-1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $4,040,000 UNLIMITED TAX BONDS, SERIES 2002. Mr. Darrin Coker, City Attorney. C, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING DAN OLSON AND LOUIS SILVER TO THE TAX INCREMENT REINVESTMENT ZONE NUMBER BOARD OF DIRECTORS FOR TWO-YEAR TERMS. Mr. Alan Mueller, Deputy City Manager. D. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF TOWN LAKE ESTATES SECTION ONE. Mr. John Hargrove, City Engineer. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Alan Mueller, Deputy City Manager. Page 2 of 8 - 1/14/2002 F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-14 - A RESOLUTION OF THE CITY OF PEARLAND DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Alan Mueller, Deputy City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-547 - 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 DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 76 ACRES OF LAND, MORE OR LESS, BEING GENERALLY LOCATED IN SECTION 18, H. T. & B. R.R. COMPANY SURVEY, OR GEORGE C. SMITH SURVEY, A-547, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1003) (TRACT 3 - MANVEL ROAD @ BAILEY ROAD) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), 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. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-558 -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 4.965 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-240, OUT OF LOTS 76 AND 77, FIGLAND ORCHARD SUBDIVISION NO. 1, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1010) (2942 WAGONTRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL Page 3 of 8 - 1/14/2002 BUSINESS DISTRICT (GB) AT THE REQUEST OF C.K. STEPHENSON, AGENT FOR MARIA DE VIVEIROS AND EVANGELOS GOLFIS, OWNERS, 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. 3, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2002-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $1,640,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 2002. Mr. Darrin Coker, City Attomey. 4. CONSIDERATION AND POSSIBLE ACTION - REJECTION OF BID FOR MOWING. Mr. Ed Hersh, Parks and Recreation Director. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1048 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE CERTAIN RIGHT OF WAY AS BEING LOCATED WITHIN THE CITY FROM CULLEN ROAD EAST TO OLD CHOCOLATE BAYOU ROAD; NAMING SAID SECTION OF RIGHT OF WAY AS FREEDOM DRIVE; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF FREEDOM DRIVE AT 30 MILES PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attomey. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-3 - 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 CLAUNCH Page 4 of 8 - 1/14/2002 AND MILLER, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF LIFT STATIONS II, III, AND IV IN THE GREEN TEE SUBDIVISION. Mr. Jerry Bums, Public Works Director. 7, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPING ASSOCIATED WITH THE MCHARD ROAD OVERPASS. Mr. Ed Hersh, Parks and Recreation Director. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2002-8 - A RESOLUTION AUTHORIZING THE CiTY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer. 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-9 - A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE CITY OF CEDAR HILL FOR THE PURCHASE OF A CAB AND CHASSIS TO ACCOMMODATE A REFURBISHED AMBULANCE BODY. Mr. Gordon Island, Purchasing Officer. 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2002-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID TO FRAZER, INC. FOR REFURBISHMENT AND REMOUNTING OF AN AMBULANCE BODY. Mr. Gordon/s/and, Purchasing Officer. 11, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-4 - 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 WALSH/FREESE & NICHOLS-LOCKWOOD, ANDREWS & NEWNAM, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF PEARLAND Page 5 of 8 - 1/14/2002 PARKWAY LANES THREE AND FOUR. Mr. Alan Mueller, Deputy City Manager. 12. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO, 1049 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE AN EASEMENT FOR THE CONSTRUCTION OF A WATER LINE 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 FIRE AND/OR POLICE FACILITIES BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. MrDarrin Coker, CityAttomey. 13, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2002-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATIONS NUMBERS TWO AND THREE FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Joe Wertz Jr., Project Director. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-5 - 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 BAY ENVIRONMENTAL, INC. FOR ENVIRONMENTAL SERVICES ASSOCIATED WITH FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. 15. CONSIDERATION AND POSSIBLE ACTION - LOCAL MATCHING FUNDS FOR FEMA BUYOUT PROGRAM. Mr. Chris Kidwell, Grants and Strategic Planning Coordinator. 16. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE RESOLUTION NO. R2001-183. City Council. Page 6 of 8 - 1/14/2002 16A. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-183 - 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 WALSH/FREESE & NICHOLS, INC. ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD 21" SANITARY SEWER IMPROVEMENTS. Mr. Joe Wertz Jr., Project Director. 17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING POLICY AND PROCEDURES FOR FUTURE ANNEXATIONS. Mr. Alan Mueller, Deputy City Manager. 18. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-11-A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH S & B ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA STREET UTILITY RELOCATION. Mr. Joe Wertz Jr., Project Manager. 19. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - SLEEPY HOLLOW. City Council. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH MORATORIUM. Mr. Darrin Coker, City Attomey. NEW BUSINESS (CONTINUED): Page 7 of 8 - 1/14/2002 20. CONSIDERATION AND POSSIBLE ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - Sleepy Hollow. City Council. 21. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH MORATORIUM. Mr. Darrin Coker, City Attorney. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Younq Lorfing at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 8 of 8 - 1/14/2002