2006-09-11 CITY COUNCIL REGULAR MEETING AGENDA
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 11, 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. Presentation of Proclamation "Leukemia and Lymphoma
Awareness Month"
2. Presentation of Proclamation "Good Deed Day"
3. Presentation of Proclamation "United Way"
4. Presentation of Proclamation "Adult Literacy Month"
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 August 21, 2006, Joint Public Hearing held
at 6:30 p.m.
2. Minutes of the August 28, 2006, Public Hearing (Budget)
held at 6:30 p.m.
3. Minutes of the August 28, 2006, Public Hearing (Tax Rate)
held at 6:30 p.m.
4. Minutes of the August 28, 2006, Public Hearing
(Easement) held at 6:30 p.m.
5. Minutes of the August 28, 2006, Regular Meeting held at
7:30 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1295 - AN
APPROPRIATION ORDINANCE ADOPTING A REVISED
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2006 AND ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER
30,2007. Mr. Bill Eisen, City Manager.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1294 - AN
ORDINANCE LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY
OF PEARLAND, TEXAS, AND PROVIDING FOR THE
INTEREST AND SINKING FUND OF THE TAXABLE YEAR
2006. Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1296 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO
DELETE ARTICLE II %, ENTITLED STANDARD HOUSING
CODE, IN ITS ENTIRETY; TO AMEND SECTION 7-81,
ENTITLED ADOPTED; TO ADOPT A NEW SECTION 7-81.1,
TO BE ENTITLED LOCAL AMENDMENTS; AND TO ADOPT A
NEW SECTION 7-82, TO BE ENTITLED ENERGY CODE
ADOPTED, HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker,
City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1302 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE A WATER
AND SEWER EASEMENT FOR THE CONSTRUCTION OF
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
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WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
F . CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1303 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE A WATER
AND SEWER EASEMENT FOR THE CONSTRUCTION OF
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.
G. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1304 - 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, UTILITY AND
DRAINAGE 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.
H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-145 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR THE PURCHASE OF A REFURBISHED FIRE HYDRANT
VALVE EXERCISE MACHINE. Mr. Bill Eisen, City Manager.
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I. CONSIDERATION AND POSSIBLE ACTION
REAPPOINTMENT OF RICHARD SALTARELLI TO SERVE ON
THE BUILDING CODE BOARD OF ADJUSTMENTS AND
APPEALS FOR A 5-YEAR TERM EXPIRING NOVEMBER 1,
2011 AND SUSAN DIETERICH TO A 3-YEAR TERM
EXPIRING NOVEMBER 1, 2009. Mr. Tom Reid, Mayor.
J. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION
OF THE CITY MANAGER'S REAPPOINTMENT OF BRENDA
CRAGER TO SERVE ON THE CIVIL SERVICE COMMISSION
FOR A 3-YEAR TERM EXPIRING NOVEMBER 1,2009.
Mr. Bill Eisen, City Manager.
K. CONSIDERATION AND POSSIBLE ACTION
REAPPOINTMENT OF RON BAVARIAN AND ROBERT
KETTLE TO SERVE ON THE ELECTRICAL BOARD FOR A 2-
YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid,
Mayor.
L. CONSIDERATION AND POSSIBLE ACTION
REAPPOINTMENT OF DELORES FENWICK AND MICHELLE
LEGGETT TO SERVE ON THE CHANNEL REVIEW BOARD
FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2008.
Mr. Tom Reid, Mayor.
M. CONSIDERATION AND POSSIBLE ACTION
REAPPOINTMENT OF GARY SHIVER TO SERVE ON THE
GAS AND PLUMBING BOARD FOR A 5- YEAR TERM
EXPIRING NOVEMBER 1, 2011. Mr. Tom Reid, Mayor.
N. CONSIDERATION AND POSSIBLE ACTION
REAPPOINTMENTS OF BEN CARRANZA, SCOTT SHERMAN
AND MARJORIE WILCOXSON TO SERVE ON THE PARKS,
RECREATION AND BEAUTIFICATION BOARD FOR A 3-
YEAR TERM EXPIRING NOVEMBER 1, 2009. Mr. Tom Reid,
Mayor.
O. CONSIDERATION AND POSSIBLE ACTION
REAPPOINTMENTS OF BETTYE ALEXANDER AND FRED
CESSAC TO SERVE ON THE LIBRARY BOARD FOR A 3-
YEAR TERM EXPIRING NOVEMBER 1, 2011. Mr. Tom Reid,
Mayor.
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P. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-151 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE
CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING
JUNE 2006. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-149 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
DEVELOPMENT AUTHORITY OF PEARLAND TO MAKE
REIMBURSEMENT PAYMENTS AS RECOMMENDED BY
REINVESTMENT ZONE NUMBER TWO, CITY OF
PEARLAND, TEXAS. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1300 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES
AND CRITERIA FOR GRANTING TAX ABA TEMENT
PURSUANT TO RESOLUTION NO. R2006-121; DESIGNAT-
ING AND DESCRIBING A REINVESTMENT ZONE (TO BE
KNOWN AS REINVESTMENT ZONE #14), IN ACCORDANCE
WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE
A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE
AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE
TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY
MANAGER TO SIGN TAX ABATEMENT AGREEMENTS
WHEN APPROVED BY THE CITY COUNCIL; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1299 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES
AND CRITERIA FOR GRANTING TAX ABATEMENT
PURSUANT TO RESOLUTION NO. R2006-121; DESIGNAT-
ING AND DESCRIBING A REINVESTMENT ZONE (TO BE
KNOWN AS REINVESTMENT ZONE #15), IN ACCORDANCE
WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
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SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE
A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE
AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE
TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY
MANAGER TO SIGN TAX ABATEMENT AGREEMENTS
WHEN APPROVED BY THE CITY COUNCIL; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-148 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO AN ECONOMIC INCENTIVE AGREEMENT
WITH BISON BUILDING MATERIALS, LTD. Mr. Fred Welch,
Executive Director Pearland Economic Development
Corporation.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-147 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO AN ECONOMIC INCENTIVE AGREEMENT
WITH BOBCAT OF HOUSTON, INC. Mr. Fred Welch,
Executive Director Pearland Economic Development
Corporation
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-146 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO AN ECONOMIC INCENTIVE AGREEMENT
WITH KEMLON PRODUCTS & DEVELOPMENT CO., LTD.
Mr. Fred Welch, Executive Director Pearland Economic
Development Corporation
7. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 870-40 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING CHARGES FOR WATER AND
SEWER SERVICES FURNISHED BY THE CITY, AS
PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-35
AND SECTION 30-38 OF THE CODE OF ORDINANCES;
REPEALING PREVIOUS WATER AND SEWER SERVICE
RATE SCHEDULES; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
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PUBLICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen,
City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1298 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT OF
STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE
CITY OF PEARLAND (W. KEITHWOOD DRIVE @ ADELLA
COURT); PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE, FOR PUBLICATION; 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. Bill Eisen, City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. 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
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
Y ounq Lorfinq at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing
agenda was posted in a place convenient to the general public at City Hall on the 7th day of
September 2006, at 5:30 p.m.
Agenda removed 11-day of September 2006.
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