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2008-09-15 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, SEPTEMBER 15, 2008, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND THE PLEDGE OF ALLEGIANCE. III. MAYOR'S ACTIVITY REPORT 1. Recognition of the Employee of the Quarter, Lynn Baker, Public Works Department. 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 (/X. 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 25, 2008, Special Meeting (Benefit Trust) held at 6:30 p.m. 2. Minutes of the August 25, 2008, Regular Meeting held at 7:30 p.m. 3. Minutes of the September 8, 2008, Special Meeting held at 6:00 p.m. Page 1 of 5 - 9/15/2008 B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 1356 - AN APPROPRIATION ORDINANCE ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 1350 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF CERTAIN RIGHT-OF-WAY 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. D. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE REAPPOINTMENT OF RUSSELL MILAM TO SERVE IN POSITION NO. 2 ON THE BUILDING /FIRE CODE BOARD OF ADJUSTMENTS FOR A 5-YEAR TERM EXPIRING NOVEMBER 1, 2013. Mayor Tom Reid. E. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE REAPPOINTMENT OF DELORES FENWICK, POSITION NO. 3, MICHELLE LEGGETT, POSITION NO. 4, AND JOEL GUTIERREZ JR, ALTERNATE POSITION Al TO SERVE ON THE CHANNEL REVIEW BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. F. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE REAPPOINTMENT OF RON BAVARIAN, POSITION NO. 1, AND ROBERT KETTLE, POSITION NO. 3, TO SERVE ON THE ELECTRICAL BOARD FORA 2-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mayor Tom Reid. G. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE REAPPOINTMENT OF VICKY PREBLISKY TO SERVE IN POSITION NO. 1 ON THE LIBRARY BOARD FORA 3-YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. Page 2 of 5 - 9/15/2008 ~~ H. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE REAPPOINTMENT OF EDWARD J. MILLER SR, POSITION NO. 3, AND THOMAS GIBBS, POSITION NO. 6, TO SERVE ON THE PARKS AND RECREATION BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. CONSIDERATION AND POSSIBLE ACTION - EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE JULY 14, 2008, REGULAR COUNCIL MEETING. City Council. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING ORDINANCE NO. 1357 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2008. Mr. Bill Eisen, City Manager. 2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE FIVE- YEAR CAPITAL IMPROVEMENT PROGRAM (2009-2013). Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PIPE. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS ("CITY") AUTHORIZING A SUSPENSION OF THE EFFECTIVE DATE OF THE TEXAS- NEW MEXICO POWER COMPANY'S RATE INCREASE AND THE INTERVENTION IN THE PUBLIC UTILITY COMMISSION DOCKET NO. 36025; AUTHORIZING PARTICIPATION IN A COALITION OF MUNICIPALITIES KNOWN AS THE ALLIANCE OF TEXAS-NEW MEXICO POWER MUNICIPALITIES ("ATM"); AUTHORIZING PROVISION OF EXPERTS AND LEGAL REPRESENTATION; FINDING THAT THE MEETING Page 3 of 5 - 9/15/2008 COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AS ARE RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr Darrin Coker, City Attorney. 5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2009 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Tom Reid. 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Trent Epperson, Project Director. 7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1358 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORGANIZING NON-DEVELOPMENT USAGE AND SERVICE FEES IN ONE ORDINANCE TO IMPROVE CUSTOMER SERVICE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: None XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 4 of 5 - 9/15/2008 I, Sonia Blair, Deputy City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing agenda was posted in a place convenient to the general public at City Hall on the 10th day of September 2008, at 5:30 p.m. ~Y~`~1i~Mliby~r^~~,'' \1,f^\~,~ A 4y Y '-~ 3~~'~ 3Z3 ° YC ~~ ~,,,,,,,,,.~ ~ Sonia Blair ~~N~Mr,,,,„N~IN~N+ Deputy City Secretary Agenda removed ~'~~ay of September 2008. Page 5 of 5 - 9/15/2008