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2006-05-08 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND . CITY COUNCIL May 8, 2006 7 :30 p.m. MAYOR Tom Reid Kevin Cole Mayor Pro-Tern Position No.5 COUNCIL MEMBERS Richard T etens Position No. 1 Woody Owens Position No.2 Steve Saboe Position No.3 Larry Marcott Position No.4 Nick Finan Assistant City Manager Bill Eisen City Manager Mike Hodge Assistant City Manager Darrin Coker City Attorney Young Lorfmg 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. AMENDED AGENDA ADDED EXECUTIVE SESSION ITEM NO.2 & 3 AND NEW BUSINESS ITEM NO. 10 & 11 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MAY 8, 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 "Project Graduation Day" 2. Presentation of Proclamation "EMS Week" 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 - MINUTES 1. Minutes of the April 17, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the April 24, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the May 1, 2006, Special Council Meeting held at 7:00 p.m. Page 1 of 5 - 5/8/2006 B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1264 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR AN AMENDMENT TO THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION - EXCUSE COUNCILMEMBER RICHARD TETENS' ABSENCE FROM THE APRIL 24,2006, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-58 - 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 THE LOWER VALLEY WATER DISTRICT (CLINT, TEXAS) FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 2006. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1267 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS; PROHIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEX OFFENDERS; PROVIDING FOR A PENALTY; PROVIDING FOR CODIFICATION; AND DECLARING AN EMERGENCY. Mr. Darrin Coker, City Attorney. Page 2 of 5 - 5/8/2006 2. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1266 - ORDINANCE AUTHORIZING AND ORDERING THE ISSUANCE OF CITY OF PEARLAND, TEXAS PERMANENT IMPROVEMENT AND REFUNDING BONDS, SERIES 2006; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE PURCHASE OF BOND INSURANCE; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS, THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AND EMERGENCY. Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 46.01 ACRES BEING OUT OF KANAWHA-TEXAS COMPANY SUBDIVISION OF SECTIONS 18 AND 22 ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 2, PAGE 51, BRAZORIA COUNTY PLAT RECORDS, IN THE H. T. & B.R.R. COMPANY SURVEY OR GEORGE C. SMITH SURVEY, ABSTRACT 547, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF FM 1128 (MANVEL ROAD), AND APPROXIMATELY 3,000 FEET SOUTH OF FITE ROAD) (ZONE CHANGE APPLICATION NO. 2006-14Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB) AND TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING 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 3 of 5 - 5/8/2006 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING ITS INTENT TO MAINTAIN THE JOHN L1ZER, MAGNOLIA AND SOUTH FORK ROADWAYS AS NON- TRUCK ROUTES UPON COMPLETION OF THE PROJECT. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MASTER LEASE/PURCHASE AGREEMENT WITH BANK OF AMERICA FOR THE PURCHASE OF A FIRE TRUCK, TWO MINI- EXCAVATORS AND TWO TRAILERS. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-60 - 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 BAILEY ROAD DRAINAGE IMPROVEMENTS AND THE COWARTS CREEK BASIN DIVERSION DITCH. Mr. Joe Wertz, Project Director. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPING SERVICES ASSOCIATED WITH THE BARRY ROSE AND McHARD ROAD PROJECTS. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR IMPLEMENTATION OF A DEVELOPER/BUILDER SIGN PROGRAM. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 CONSU L T A TION WITH ATTORNEY: REGARDING LEGAL MATTERS Page 4 of 5 - 5/8/2006 ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. 2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 3. SECTION 551.074 - PERSONNEL MATTERS - REGARDING PERSONNEL ISSUES - CITY MANAGER. City Council. NEW BUSINESS (CONTINUED): 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING LEGAL MATTERS ASSOCIATED WITH THE CITY'S EXTRA TERRITORIAL JURISDICTION. Mr. Darrin Coker, City Attorney. 10. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. 11. CONSIDERATION AND POSSIBLE ACTION - REGARDING PERSONNEL ISSUES - CITY MANAGER. 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 5 - 5/8/2006