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2006-01-23 CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA ITEM NO.2 MA YOR'S ACTIVITY REPORT AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JANUARY 23, 2006, 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 . Recognition of the Employee of the Quarter, Micah Niederhofer, Animal Control Humane Officer. 2. Update from Assistant Fire Chief Buck Stevens regarding the Citizen Corp Council. 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: 1. Minutes of the December 5, 2005, Special Council Meeting held at 7:30 p.m. 2. Minutes of the December 12, 2005, Special Council Meeting held at 6:00 p.m. 3. Minutes of the December 12, 2005, Regular Council Meeting held at 7:00 p.m. Page 1 of 6 - 1/23/2006 4. Minutes of the December 12, 2005, Regular Council Meeting held at 7:30 p.m. 5. Minutes of the January 16, 2006, Special Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-810 - 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 APPROXIMATELY 584 ACRES MORE OR LESS, BEING ALL OF MUNICIPAL UTILITY DISTRICT NO. FIVE (MUD 5), INCLUDING CRYSTAL LAKE SUBDIVISION SECTION 1 AND SECTION 2, SOUTHDOWN SUBDIVISION SECTION 1, SECTION 2, SECTION 3, SECTION 4, SECTION 5, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 10, SECTION 11, SECTION 12, AND SECTION 13; 6.270 ACRES IN ABSTRACT 174, JAMES CRAWLEY SURVEY, TRACT 1 C; 11.91 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL RESERVE TRACT C; 0.135 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTH DOWN COMMERCIAL RESERVE TRACT B; 0.218 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTH DOWN COMMERCIAL TRACT A-1; 0.298 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTH DOWN COMMERCIAL TRACT A; 1.049 ACRES IN ABSTRACTS 174,310, AND 510, SOUTHDOWN COMMERCIAL SUBDIVISION RESERVE B1; 4.010 ACRES IN ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, TRACT 36A; 1.6060 ACRES IN ABSTRACT 310, H. T. & B.R.R. COMPANY SURVEY, TRACT 36 AND TRACT 1 B2; AND 62.048 ACRES IN ABSTRACT 215, CHAS J HALL SURVEY, TRACT 1,2B, 1G, 1H, 11, 1J, AND 1K, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS) (ZONE CHANGE APPLICATION NO. 1250) AS CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2), SINGLE FAMILY DWELLING DISTRICT (R-3), SINGLE FAMILY DWELLING DISTRICT (R-4), NEIGHBORHOOD SERVICE DISTRICT (NS), AND GENERAL BUSINESS DISTRICT (GB), 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. Nick Finan, Assistant City Manager. Page 2 of 6 - 1/23/2006 C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1238 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FEE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Ms. Pat Riffel, Municipal Court Administrator. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-11 - 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 CITY OF LAPORTE FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD WATER PLANT PROJECT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PAINTING AND REHABILITATION SERVICES ASSOCIATED WITH THE ALICE STREET WATER TOWER. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-5 - A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF CHARLES VIKTORIN. Mayor Reid. 2. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1239 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE. Mr. Nick Finan, Assistant City Manager. Page 3 of 6 -i /23/2006 3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE BOARD OF DIRECTORS FOR TAX INCREMENT REINVESTMENT ZONE NO. TWO ("TIRZ TWO") TO PREPARE AMENDMENTS TO THE TIRZ TWO DEVELOPMENT AGREEMENT AND PROJECT/FINANCING PLAN TO ALLOW FOR THE ENLARGEMENT OF THE BOUNDARIES OF TIRZ TWO. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY MORTGAGE REVENUE AND REFUNDING BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Mr. Darrin Coker, City Attorney. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-10 - 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 KIRST KOSMOSKI, INC., FOR WASTEWATER SYSTEM MODELING, ANALYSIS AND PLANNING SERVICES. Mr. Joe Wertz, Project Director. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO.3 ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 4 ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READY OF ORDINANCE NO. 1225-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1225, THE 2005-2006 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (CITY SECRETARY'S OFFICE FOR MUNICIPAL PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT Page 4 of 6 - 1/23/2006 FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 PERSONNEL MATTERS REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. NEW BUSINESS (CONTINUED): 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. 10. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 5 of 6 - 1/23/2006 I, Jane E. Taylor, Deputy City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the ~~n~~~WoUfl)ljf at City Hall on the 20th day of January 2006, at 5:30 p.m. " ",p>\IiCAND J'J'... " /1 <? ......... ' /';. ~ $ cJ ~... .... ~ ~ :: .- , -. +-:. .... J.... . , . 1':.... :t:! I :(1): :0:' .): = -. .- -. .... ~ -.. ..- g .. -. .-... ~ ............ ~ ....... ..' '" ......... " ,...... """""\\'1 (If Agenda removed ~day of January 2006. Jane E. Taylor Deputy City Secretary Page 6 of 6 - 1/23/2006