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2009-08-10 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA Added New Business No. 14 AGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, AUGUST 10, 2009, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER SCANNED Aug ~ z Zoos CITY SECRETARY OFFICE II. 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 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 July 20, 2009, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the July 27, 2009, Regular Meeting held at 7:30 p.m. Page 1 of 6 - 8/10/2009 B. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY READING OF ORDINANCE NO. 1405 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A GREEN BUILDING POLICY. Mr. Jon Branson, Assistant City Manager. 2. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FUNDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF AUGUST 31, 2009 AND SEPTEMBER 14, 2009 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2009-2010 BUDGET AND SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager. Page 2 of 5 - 8/10/2009 4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VOTING ON PROPERTY TAX REVENUE INCREASE OF 0.32% AND PLACING ON THE AGENDAS OF AUGUST 31, 2009 AND SEPTEMBER 14, 2009 CITY COUNCIL MEETINGS, CONSIDERATION OF THE PROPOSED FISCAL YEAR 2009- 2010 TAX RATE AND SETTING THE PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1404 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A JUVENILE CASE MANAGER FUND, TO FUND CREATION OF A JUVENILE CASE MANAGER PROGRAM IN THE PEARLAND MUNICIPAL COURT OF RECORD; PROVIDING A REPEALING CLAUSE, A SAVING CLAUSE AND SEVERABILITY CLAUSE AND PROVIDING FOR CODIFICATION. Mr. Bill Eisen, City Manager. 6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REGULAR MEETING TIMES AND DATES FOR AUGUST 2009 TO ENSURE COMPLIANCE WITH STATUTORY BUDGETARY TIMELINES. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-123 - RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,500,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENTS RELATING TO SUCH SERIES OF CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. 8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT FOR EMS BILLING SERVICES. Mr. Bill Eisen, City Manager. Page 3 of 5 - 8/10/2009 9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR APPRAISAL SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. 10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. 11. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. Mr. Trent Epperson, Project Director. 12. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE FINAL RECOMMENDATIONS OF THE CHARTER REVIEW COMMISSION INTO THE OFFICIAL RECORD OF THE CITY AND DIRECTING STAFF TO PUBLISH THE RECOMMENDATIONS IN THE NEWSPAPER. Mr. Darrin Coker, City Attorney. 13. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN EASEMENT FOR CERTAIN UTILITIES. Mr Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION NO. R2009-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE UNIVERSITY OF HOUSTON-CLEAR LAKE (PEARLAND CAMPUS). Mr. Trent Epperson, Project Director. Page 4 of 6 - 8/10/2009 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mayor Tom Reid. 3. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: 15. CONSIDERATION AND POSSIBLE ACTION -REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. 16. CONSIDERATION AND POSSIBLE ACTION -REGARDING APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. 17. 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 281-652-1653 prior to the meeting so that appropriate arrangements can be made. Page 5 of 6 - 8/10/2009 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 7th day of August 2009, at 5:30 p.m. +,N^,~nanne~~rp~r ' r ~~• s ~ s ~,. ~,ryfi~Nl~lhtir'~ i r o ng L in M C'yS :r tary Agenda removed ~~ of August 2009. Page 6 of 6 - 8/10/2009