2006-10-23 CITY COUNCIL MEETING AGENDA
AGENDA
CITY OF PEARLAND . CITY COUNCIL
October 23, 2006 7 :30 p.m.
MAYOR
Tom Reid
Richard Tetens
Mayor Pro-Tern
Position 1
COUNCIL MEMBERS
Helen Beckman
Position No.2
Steve Saboe
Position No.3
Felicia Kyle
Position No.4
Kevin Cole
Position No.5
Nick Finan
Assistant City Manager
Bill Eisen
City Manager
Mike Hodge
Assistant City Manager
Darrin Coker
City Attorney
Young Lorfing
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 OCTOBER 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. Presentation of Proclamation "Pearland Indian Community
Diwali Celebration 2006"
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 October 2, 2006, Special Meeting held at
6:00 p.m.
2. Minutes of the October 9, 2006, Regular Meeting held at
7:30 p.m.
3. Minutes of the October 16, 2006, Special Meeting held at
6:00 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1307 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE
Page 1 of 6 - 10/23/2006
TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT
PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION FOR THE FUTURE
ZONING OF PROPERTY LOCATED WITHIN THE
BOUNDARIES OF BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO.1. Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION - EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE
OCTOBER 9,2006, REGULAR COUNCIL MEETING.
City Council.
D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-179 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CONVEYING A
THIRTY-FOOT (30') DRAINAGE EASEMENT.
Mr. Darrin Coker, City Attorney.
E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1310 - 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 AND A WATER AND SEWER
EASEMENT 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.
F . CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-176 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, 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 A STREET SWEEPER.
Mr. Bill Eisen, City Manager.
Page 2 of 6 - 10/23/2006
G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-175 - 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 LIBERTY DRIVE WATER PLANT
GROUND STORAGE TANK. Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-177 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN
INTERLOCAL COOPERATIVE PRICING ARRANGEMENT
WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC)
FOR THE REMOUNTING AND REFURBISHING OF AN
AMBULANCE. Mr. Bill Eisen, City Manager.
I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-174 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN
THE STATE OF TEXAS PURCHASING CONTRACT FOR THE
PURCHASE OF COMPUTERS. Mr. Bill Eisen, City Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-180 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERIM WATER SUPPLY AGREEMENT WITH THE GULF
COAST WATER AUTHORITY. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-169 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
TAX ABATEMENT AGREEMENT WITH BISON BUILDING
MATERIALS, LTD. ("BISON"); FINDING AND DETERMINING
THAT TERMS OF SAID AGREEMENT MEET THE REQUIRE-
MENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS
AMENDED, ORDINANCE NO. 1300, ESTABLISHING
Page 3 of 6 - 10/23/2006
REINVESTMENT ZONE #14, AND THE GUIDELINES AND
CRITERIA FOR GOVERNING REINVESTMENT ZONES AND
TAX ABATEMENT AGREEMENTS SET FORTH IN
RESOLUTION NO. R2006-121. Mr. Darrin Coker, City
Attorney.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1308 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF I 545.356, TEXAS TRANSPORTATION
CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET
OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND
DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1309 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF I 545.356, TEXAS TRANSPORTATION
CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET
OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND
DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-172 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING
CONSTRUCTION BIDS, A CONSTRUCTION
MANAGEMENT/lNSPECTION SERVICES CONTRACT, AND A
MATERIALS TESTING SERVICES CONTRACT ASSOCIATED
WITH THE SH 35 SEWER PROJECT. Mr. Bill Eisen, City
Manager.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-173 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
Page 4 of 6 - 1 0/23/2006
CONTRACT FOR PRELIMINARY ARCHITECTURAL
SERVICES ASSOCIATED WITH THE ANTICIPATED 2007
BOND ELECTION. Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-178 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR MATERIALS ASSOCIATED WITH THE SHERWOOD
DRAINAGE DITCH PROJECT. Mr. Bill Eisen, City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 1311 - 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.
9. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1312 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING THE PROJECT PLAN AND REINVESTMENT
ZONE FINANCING PLAN FOR REINVESTMENT ZONE
NUMBER TWO, CITY OF PEARLAND, TEXAS (SECOND
AMENDMENT); AUTHORIZING THE CITY SECRETARY TO
DISTRIBUTE SUCH PLANS; RESCINDING CITY ORDINANCE
NO. 1275; CONTAINING FINDINGS AND PROVISIONS
RELATED TO THE FOREGOING SUBJECTS; AND
PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City
Attorney.
10. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1313 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE
NUMBER TWO, CITY OF PEARLAND, TEXAS; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE
FOREGOING SUBJECT; AND PROVIDING FOR
SEVERABILITY. Mr. Darrin Coker, City Attorney.
11. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1314 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING THE PROJECT PLAN AND REINVESTMENT
ZONE FINANCING PLAN FOR REINVESTMENT ZONE
Page 5 of 6 - 10/23/2006
NUMBER TWO, CITY OF PEARLAND, TEXAS (THIRD
AMENDMENT); AUTHORIZING THE CITY SECRETARY TO
DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE FOREGOING SUBJECTS;
AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City
Attorney.
12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-182 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
AMENDMENT NO. 1 TO AGREEMENT WITH FORT BEND
COUNTY. Mr. Darrin Coker, City Attorney.
13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2006-181 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
AMENDMENT NO.1 TO TAX INCREMENT PARTICIPATION
AGREEMENT WITH BRAZORIA COUNTY. Mr. Darrin Coker,
City Attorney.
14. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE RECENT FLOOD EVENT IN THE CITY AND
SURROUNDING AREAS. Mr. Darrin Coker, City Attorney.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City
Manager.
NEW BUSINESS (CONTINUED):
15. CONSIDERATION AND POSSIBLE ACTION - REGARDING
ECONOMIC DEVELOPMENT NEGOTIATIONS. 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.
Page 6 of 6 - 10/23/2006