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2006-11-13 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND . CITY COUNCIL November 13,2006 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. AMENDED AGENDA ADDED NEW BUSINESS ITEMS NO.7 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 13, 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 - "Association of Perioperative Nurse Week" 2. Recognition of the Employee of the Quarter, Dennis Holm, Sr. Plans Examiner. 3. Recognition of the Employee of the Year, Ruben Garcia, Humane Officer. 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 23, 2006, Public Hearing (TIRZ No. 2) held at 6:30 p.m. Page 1 of 5 - 11/13/2006 2. Minutes of the October 23, 2006, Public Hearing (Hike and Bike) held at 7:00 p.m. 3. Minutes of the October 23, 2006, Regular Meeting held at 7:30 p.m. 4. Minutes of the October 30, 2006, Public Hearing (Sewer Easement) held at 6:00 p.m. 5. Minutes of the October 30, 2006, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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. Page 2 of 5 - 11/13/2006 E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-186 - 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 GENERATOR. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-187 - 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 GENERATOR. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-185 - 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 LAPTOP COMPUTERS FOR POLICE VEHICLES. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-188 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2006, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MAINTENANCE AND USE AGREEMENT FOR TIRZ IMPROVEMENTS AND DETENTION FACILITIES BETWEEN SHADOW CREEK RANCH TOWN CENTER PROPERTY OWNERS ASSOCIATION, SHADOW CREEK RETAIL, L.P., AND BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 35. Mr. Darrin Coker, City Attorney Page 3 of 5 - 11/13/2006 2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND SHADOW CREAK RETAIL, L.P., AND A DEVELOPER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PEARLAND, REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS AND SHADOW CREEK RETAIL, L.P. Mr. Darrin Coker, City Attorney. 3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-190 - A RESOLUTION OF THE CITY COUr-JCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING SPRINT/NEXTEL AS THE CITY'S CELL PHONE PROVIDER AND AUTHORIZING THE TRANSITION TO A POOLED MINUTE PLAN. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-189 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TWIN CREEK WOODS DRAINAGE IMPROVEMENTS. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE MAVERICK GROUP. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION ... FIRST READING OF ORDINANCE NO. 1315 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN TEN-FOOT (10') SEWER EASEMENT RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 4 of 5 - 11/13/2006 7 . CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-194 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE CORRIGAN DRAINAGE PROJECT (PHASE III). Mr. Trent Epperson, Project Director. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION ATTORNEY REGARDING DEVELOPMENT INCENTIVES. Mr. Bill Manager. WITH CITY ECONOMIC Eisen, City 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): 8. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. 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 - 11/13/2006