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2003-10-27 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL October 27, 2003 7:30 p.m. MAYOR Tom Reid Richard Tetens Mayor Pro-Tem Position No. 1 COUNCIL MEMBERS Woody Owens Position No. 2 Charles Viktorin Position No. 3 Larry Marcott Position No. 4 Bill Eisen City Manager Klaus Seeger Position No. 5 Darrin Coker City Attorney Alan Mueller Deputy City Manager 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 OCTOBER 27, 2003, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. II. III. IV. V. VI. VII. VIII. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MAYOR'S ACTIVITY REPORT COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARING: None 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: Minutes of the October 13, 2003, Public Hearing held at 6:30 p.m. Minutes of the October 13, 2003, Regular Council Meeting held at 7:30 p.m. Minutes of the October 20, 2003, Public Hearing held at 6:30 p.m. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES Page 1 of 4 - 10/27/2003 IX. X, C= D= F= ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 374-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 31, WRECKER SERVICE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 31-1, ENTITLED DEFINITIONS, AND TO AMEND SECTION 31-2, ENTITLED PERMIT REQUIRED; PRESUMPTION IN PROSECUTION FOR VIOLATION OF PERMIT REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR MEETING HELD ON OCTOBER 13, 2003. City Council. CONSIDERATION AND POSSIBLE ACTION ACCEPTANCE OF SOUTHGATE SECTION ONE. Mr. Doug Kneupper, City Engineer. - SUBDIVISION CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EARNEST MONEY CONTRACT WITH BEAZER HOMES TEXAS, L.P., FOR THE PURCHASE OF REAL PROPERTY SITUATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attomey. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP Page 2 of 4 - 10/27/2003 w AGREEMENT AND SALES AND USE TAX AGREEMENT BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16. Mr. Darrin Coker, City Attomey. WITH CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH MHI PARTNERSHIP, LTD. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #9 FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (PEARLAND PARKWAY EXTENSION-BRITTANY BAY). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1126-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1126, THE 2003-2004 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN DELETIONS TO THE CAPITAL PROJECTS FUND #34 (STREET ASSESSMENTS) FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR DEVELOPMENT OF THE INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT. Mr. Doug Kneupper, City Engineer. Page 3 of 4 - 10/27/2003 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-155 - 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 A FIRE TRUCK. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-156 - 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 ROLLING STOCK VEHICLES. Mr. Bill Eisen, City Manager CONSIDERATION AND POSSIBLE ACTION - REGARDING THE JOHN LIZER/MAGNOLIA/SOUTHFORK COMMITTEE AND POSSIBLE APPOINTMENTS TO THE COMMITTEE. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 - CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT-OF WAY - ALEXANDER. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ACQUISITION OF LAND FOR RIGHT-OF-WAY - ALEXANDER. City Council. 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 4 - 10/27/2003