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2006-09-25 CITY COUNCIL REGULAR MEETING AGENDAAMENDED AGENDA ADDED NEW BUSINESS ITEM NO. 11 AND AMENDMENT TO NEW BUSINESS ITEM NO. 5 AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 25, 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 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 September 5, 2006, Public Hearing (Budget) held at 6:30 p.m. 2. Minutes of the September 5, 2006, Public Hearing (Tax Rate) held at 6:30 p.m. 3. Minutes of the September 5, 2006, Regular Meeting held at 7:30 p.m. 4. Minutes of the September 11, 2006, Public Hearing (Bison) held at 6:30 p.m. 5. Minutes of the September 11, 2006, Public Hearing (Kemlon) held at 6:30 p.m. Page 1 of 6 — 9/25/2006 6. Minutes of the September 11, 2006, Regular Meeting held at 7:30 p.m. 7. Minutes of the September 18, 2006, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF JOEL GUTIERREZ TO SERVE ON AS AN ALTERNATE ON THE CHANNEL REVIEW BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008 AND THE APPOINTMENT OF BRYAN ROLLER FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mr. Tom Reid, Mayor. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF ED THOMPSON AND GARY IDOUX TO SERVE ON THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF JOEL GUTIERREZ TO SERVE ON THE HEALTH DEVELOPMENT CORPORATION BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor. E. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF HENRY FUERTES AND SUSAN SHERROUSE TO SERVE ON THE PLANNING AND ZONING COMMISSION FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2009. Mr. Tom Reid, Mayor. F. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF DALE PILLOW, DON GLENN AND WILLARD BRILEY TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008 AND JIM DAIGLE TO SERVE AS ALTERNATE FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Tom Reid, Mayor. G. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF TOM POOL, HENRY STANALAND AND TOM REID EFFECTIVE SEPTEMBER 30, 2005 FOR A 2 - YEAR TERM EXPIRING SEPTEMBER 30, 2007 AND REAPPOINT BILL SLOAN AND ED BAKER EFFECTIVE SEPTEMBER 30, 2006 FOR A 2 -YEAR TERM EXPIRING SEPTEMBER 30, 2008 TO SERVE ON THE BOARD OF THE DEVELOPMENT AUTHORITY OF PEARLAND. Mr. Tom Reid, Mayor. Page 2 of 6 — 9/25/2006 H. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF NIGEL HARRISON, AND KEN PHILLIPS TO SERVE ON TAX INCREMENT REINVESTMENT ZONE NO. 2 BOARD FOR A 2 -YEAR TERM EXPIRING DECEMBER 1, 2008 AND GARY COOK TO SERVE FOR A 1 - YEAR TERM EXPIRING DECEMBER 1, 2007. Mr. Tom Reid, Mayor. I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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 ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING 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. J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL 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; DESIGNATING 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 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. Page 3 of 6 — 9/25/2006 K. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-157 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE HOUSTON-GALVESTON AREA COUNCIL SOLID WASTE GRANT CONTRACT. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-150 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2005 ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City Manager. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1306 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE OLD TOWNSITE DOWNTOWN DEVELOPMENT DISTRICT PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE AND EMERGENCY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager and Lata Krishnarao, Planning Director. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-159 — 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 BRAZORIA COUNTY FOR ROAD MAINTENANCE AND REPAIR. Mr. Mike Hodge, Assistant City Manager. 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-160 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT WITH INTERMEDIX FOR EMS BILLING SERVICES AND APPROVING AN ADDENDUM FOR THE CITY'S PARTICIPATION IN THE TRIPTIX PROGRAM. Mr. Bill Eisen, City Manager. Page 4 of 6 — 9/25/2006 5. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-161 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SOLID WASTE AND RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1301 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A TRAFFIC POLICY AND AMENDING SECTION 29-206 OF CHAPTER 29, ARTICLE XI, TRAFFIC CONTROL DEVICES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION. Mr. Mike Hodge, Assistant City Manager. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-156 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE SPECTRUM REGIONAL DETENTION PROJECT. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-153 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR PROFESSIONAL SERVICES ASSOCIATED WITH UPDATING THE CITY'S WATER MODEL. Mr. Bill Eisen, City Manager. 9. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-154 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION. Mr. Mike Hodge, Assistant City Manager. 10. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-158 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE Page 5 of 6 — 9/25/2006 HOUSTON-GALVESTON AREA COUNCIL 2007 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mr. Tom Reid, Mayor. 11. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-155 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A PAY CLASSIFICATION PLAN FOR CIVIL SERVICE EMPLOYEES AND A SALARY SCALE FOR NON -CLASSIFIED EMPLOYEES. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): 12. CONSIDERATION AND POSSIBLE ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council 13. CONSIDERATION AND POSSIBLE ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL CITY INFRASTRUCTURE. City Council. 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. I, Sonia Blair, Deputy 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 22nd day of September 2006, at 5:30 p.m. Agenda removed day of September 2006. (-C\K& gO„L Sonia Blair Deputy City Secretary