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2007-04-09 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND . CITY COUNCIL April 9, 2007 7:30 p.m. MAYOR Tom Reid Richard T etens 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 APRIL 9, 2007, 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 proclaiming "20th Annual Crawfish Festival Day" 2. Presentation of Proclamation proclaiming April as "Child Abuse Prevention 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 March 26, 2007, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE SUPPLY CONTRACT FOR DITCH CLEANING SERVICES. Mr. Bill Eisen, City Manager. Page 1 of 4 - 4/9/2007 C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF SOFTWARE FOR MANAGEMENT OF THE CITY'S FIXED AND CAPITAL ASSETS. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REAPPOINTING GARY COOK TO TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, POSITION FOUR, FOR A 2-YEAR TERM TO EXPIRE DECEMBER 31, 2008. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION - EXCUSE COUNCILMEMBER COLE'S ABSENCE FROM THE FEBRUARY 26,2007, REGULAR COUNCIL MEETING. City Council. IX. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE CITY SECRETARY'S SUBMISSION OF DULY CERTIFIED PETITION FORMS REQUESTING AN ORDINANCE TO REGULATE "SMOKING IN PUBLIC PLACES". Mr. Darrin Coker, City Attorney and Mr. Young Lorfing, City Secretary. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1322 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY ADDING ARTICLE VI, GRAFFITI ABATEMENT, DECLARING GRAFFITI TO BE A PUBLIC NUISANCE; MAKING IT UNLAWFUL FOR PROPERTY OWNERS TO FAIL TO REMOVE GRAFFITI FROM THEIR RESPECTIVE PROPERTY; PROVIDING FOR A PENALTY; PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Mr. Darrin Coker, City Attorney. Page 2 of 4 - 4/9/2007 3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING RECOMMENDATIONS OF THE PROPERTY TAX RESALE COMMITTEE OF BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR SURVEY SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD IMPROVEMENTS. Mr. Trent Epperson, Projects Director. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-55 - 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 SERVICES ASSOCIATED WITH THE FM 1128 WATERLINE. Mr. Trent Epperson, Projects Director. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO.5 ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION FACILITY AND SWEC OUTFALL MODIFICATIONS. Mr. Trent Epperson, Projects Director. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONSTRUCTION BID, A CONSTRUCTION MANAGEMENT/lNSPECTION SERVICES CONTRACT, AND A MATERIALS TESTING SERVICES CONTRACT ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION (HARKEY ROAD TO VETERANS DRIVE). Mr. Trent Epperson, Project Director. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE FM 518 WATERLINE. Mr. Trent Epperson, Projects Director. Page 3 of 4 - 4/9/2007 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING CONSIDERATION OF UTILIZING UP TO 15% OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR GRANTS TO QUALIFIED SERVICE PROVIDERS. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. NEW BUSINESS: 10. CONSIDERATION AND POSSIBLE ACTION - REGARDING ANNUAL EVALUATION OF THE CITY ATTORNEY. 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 4 of 4 - 4/9/2007