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2008-11-24 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 24, 2008, AT 7:30 P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER 11. INVOCATION AND THE PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT 1. Events attended and upcoming events. IV. COUNCIL ACTIVITY REPORTS 1. Events attended and upcoming events. V. CITY MANAGER'S REPORT 1. Events attended and upcoming events. VI. CITIZENS V11. 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 27, 2008, Regular Meeting held at 7:30 p.m. 2. Minutes of the November 3, 2008, Special Meeting held at 6:00 p.m. 3. Minutes of the November 10, 2008, Regular Meeting held at 7:30 p.m. Page 1 of 5 - 11 /24/2008 4. Minutes of the November 17, 2008, Special Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 2000M-59 - 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 1.224 ACRES, OUT OF LOT 47, FIGLAND ORCHARD SUBDIVISION NUMBER ONE, ACCORDING TO THE PLAT THEREOF, AS FILED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, H.T. & B. R.R. CO. SURVEY, ABSTRACT NUMBER 240, AND F.B. DRAKE SURVEY, ABSTRACT NUMBER 509, PEARLAND, BRAZORIA COUNTY, TEXAS (5510 MAGNOLIA ROAD), (ZONE CHANGE APPLICATION NO. 2008-17Z), FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R-E) TO SINGLE-FAMILY RESIDENTIAL - 1 DISTRICT (R-1 ), AT THE REQUEST OF RANDY AND DEANNA PATRO, APPLICANT AND OWNER, 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. Mike Hodge, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-147 - 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. D. CONSIDERATION AND POSSIBLE ACTION -REGARDING THE RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF TOM HODGES, POSITION NO. 2, TO SERVE ON THE CIVIL SERVICE COMMISSION FORA 3- YEAR TERM EXPIRING NOVEMBER 1, 2011. Mr. Bill Eisen, City Manager. X. MATTERS REMOVED FROM CONSENT AGENDA Page 2 of 5 - 11 /24/2008 XI. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH LINEBARGER, GOGGAN, BLAIR, & SAMPSON, LLP FOR TAX COLLECTION SERVICES. Mr. Darrin Coker, City Attorney. 2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT (PHASE III). Mr. Trent Epperson, Project Director. 3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT ASSOCIATED WITH THE CULLEN ROAD PROJECT. Mr Trent Epperson, Project Director. 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PURCHASE OF A PUBLIC SAFETY INTEGRATED SOFTWARE SYSTEM. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 716-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 21, OIL AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT A NEW ARTICLE IV, ENTITLED GEOPHYSICAL/ SEISMIC TESTING; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 3 of 5 - 11 /24/2008 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2008-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DENYING THE RATE INCREASE PROPOSED BY TEXAS-NEW MEXICO POWER COMPANY ("TNMP"); FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH TRAFFIC ENFORCEMENT. Mr. Darrin Coker, City Attorney. 2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS: 7. CONSIDERATION AND POSSIBLE ACTION -REGARDING POTENTIAL LITIGATION ASSOCIATED WITH TRAFFIC ENFORCEMENT. City Council. 8. CONSIDERATION AND POSSIBLE ACTION -REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-412-8101 prior to the meeting so that appropriate arrangements can be made. Page 4 of 5 - 11 /24/2008 I, Young Lorfing, 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 19t" day of November 2008, at 5:30 p.m. `,'`'~,yirlNt qv/tlli iii 3~ ~ +" '~ i 1% ...-' ., ~,. hr~/~'ft11Ni1411t ung g, C y S etary Agenda removed day of November 2008. Page 5 of 5 - 11 /24/2008