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2007-10-08 CITY COUNCIL REGULAR MEETING AGENDA AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 8,2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION GIVEN BY PASTOR KEITH ANDERSON OF THE PEARLAND MINISTERIAL ALLIANCE AND PLEDGE OF ALLEGIANCE. III. MAYOR'S ACTIVITY REPORT 1. Presentation of Certificate of Appreciation to Municipal Court Administrator Patricia Riffel. 2. Presentation of a Proclamation "CHARACTER COUNTS 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 - APPROVAL OF MINUTES: 1. Minutes of the August 27, 2007, Regular Meeting held at 7:30 p.m. 2. Minutes of the September 4,2007, Public Hearing (Budget) held at 6:30 p.m. 3. Minutes of the September 4, 2007, Public Hearing (Tax Rate) held at 6:30 p.m. 4. Minutes of the September 4, 2007, Regular Meeting held at 7:30 p.m. Page 1 of 6 - 10/8/2007 5. Minutes of the September 10, 2007, Regular Meeting held at 7:30 p.m. 6. Minutes of the September 17, 2007, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF ROBERT (BOB) CAMPBELL TO SERVE IN POSITION NO.4 ON THE BUILDING / FIRE CODE BOARD OF ADJUSTMENTS FOR A 5-YEAR TERM EXPIRING NOVEMBER 1, 2012. Mayor Tom Reid. C. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF CHARLIE MICHNA TO SERVE IN POSITION NO. 4 ON THE ELECTRICAL BOARD FOR A 2- YEAR TERM EXPIRING NOVEMBER 1, 2009. Mayor Tom Reid. D. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF DEBBIE SCHIELKE, POSITION NO.1, AND MATTIE CULVER, POSITION NO.2, TO SERVE ON THE CHANNEL REVIEW BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF HAROLD GENTRY TO SERVE IN POSITION NO. 3 ON THE HEALTH FACILITIES DEVELOPMENT CORPORATION FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2009. Mayor Tom Reid. F. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF JOSEPH B. MILLER, POSITION NO.1, AND LAURA AUSTIN, POSITION NO.4, TO SERVE ON THE PARKS AND RECREATION BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. G. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE REAPPOINTMENT OF DR. CATHERINE O'BRIEN TO SERVE IN POSITION NO.7 ON THE LIBRARY BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. H. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF PHIL CESSAC, POSITION NO.1, TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mr. Bill Eisen, City Manager. Page 2 of 6 - 10/8/2007 I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE FIVE- YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2008 THROUGH FISCAL YEAR 2012. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO DIXIE FARM ROAD. Mr. Trent Epperson, Project Director. L. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION OF THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. M. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-164 - 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. Jeffrey Sundseth, EMS Operations Director. N. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-163 - 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 AN AMBULANCE. Mr. Jeffrey Sundseth, EMS Operations Director. IX. MATTERS REMOVED FROM CONSENT AGENDA Page 3 of 6 - 10/8/2007 NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000-T-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-40 - 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 10.01 ACRES OF LAND, TRACTS 1 - 10, ABSTRACT 198, T J GREEN SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PEARLAND PARKWAY, AND ON THE SOUTH SIDE OF BARRY ROSE ROAD), (ZONE CHANGE APPLICATION NO. 2007-13Z), FROM SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2) AND GENERAL BUSINESS RETAIL DISTRICT (GB) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF NEW LIFE LUTHERAN CHURCH, APPLICANT FOR ROBERT ALEXANDER AND TOM ALEXANDER, OWNERS, 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. 3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-126 - 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 PEARLAND INDEPENDENT SCHOOL DISTRICT FOR A JOINT USE SWIMMING FACILITY. Mr. Jon Branson, Director of Parks and Recreation. Page 4 of 6 - 10/8/2007 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RELATING TO APPROVAL OF TAXATION OF GOODS-IN-TRANSIT THAT ARE OTHERWISE EXEMPTED FROM TAXATION BY PROPERTY TAX CODE SECTION 11.253. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LICENSE WITH T-MOBILE WEST CORPORATION. Mr. Darrin Coker, City Attorney. 6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-162 - 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 AND AN AMENDED MEMORANDUM OF UNDERSTANDING WITH BRAZORIA DRAINAGE DISTRICT NO.4. Mr. Mike Hodge, Assistant City Manager. 7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-145 - 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 CREDIT CARD PAYMENT SERVICES. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A PARADE ROUTE FOR THE COCKRELL ELEMENTARY PTA FUN RUN. Mr. JC. Doyle, Police Chief. 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE KIRBY WATER PLANT. Mr. Trent Epperson, Project Director. Page 5 of 6 - 10/8/2007 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2007-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BIDS FOR CONSTRUCTION OF THE KIRBY WATER PLANT AND TRANSMISSION LINE, AND AN ELEVATED STORAGE TANK TO SERVE THE KIRBY WATER PLANT. Mr. Trent Epperson, Project Director. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. NEW BUSINESS CONTINUED: 11. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Youna Lorfina at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 6 of 6 - 10/8/2007