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2011-01-10 CITY COUNCIL MEETING AGENDAAGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JANUARY 10, 2011, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS. I. CALL TO ORDER 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 Vil. DOCKETED PUBLIC HEARING: Vill. 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 December 6, 2010, Special Meeting held at 7:30 p.m. 2. Minutes of the December 13, 2010, Regular Meeting held at 7:00 p.m. 3. Minutes of the December 13, 2010, Regular Meeting held at 7:30 p.m. Page 1 of 5 1/10/2011 B. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 200OM -74 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 A TRACT OF LAND APPROXIMATELY 0.4218 ACRE, BEING OUT OF LOT 29 OF WALCOTT'S PEARLAND SUBDIVISION, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 35, PAGES 241 AND 242 OF THE BRAZORIA COUNTY DEED RECORDS. SAID 0.4218 ACRE TRACT ALSO BEING PART OF A CERTAIN CALLED 74.986 ACRE TRACT RECORDED IN BRAZORIA COUNTY CLERK'S FILE NUMBER 94- 040206 (ZONE CHANGE APPLICATION NO. 2010 -08Z), GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MCHARD ROAD AND PEARLAND PKWY, FROM SINGLE FAMILY RESIDENTIAL -1 (R -1), TO OFFICE PROFESSIONAL (OP), AT THE REQUEST OF THE CITY OF PEARLAND, 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. R2011 -8 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 CITY OF SUGARLAND FOR COOPERATION IN THE PURCHASE OF VARIOUS GOOD AND SERVICES. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A CX80 EXCAVATOR. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. 2011 -6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A GRAPPLE TRUCK. Mr. Bill Eisen, City Manager. Page 2 of 5 —1/10/2011 F. CONSIDERATION AND POSSIBLE ACTION REGARDING THE APPOINTMENT OF MICHAEL MILLER TO SERVE ON THE ELECTRICAL BOARD IN POSITION NO. 2, FOR A 2- YEAR UNEXPIRED TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. G. CONSIDERATION AND POSSIBLE ACTION REGARDING THE APPOINTMENT OF LANCE BOTKINS TO SERVE ON THE PARKS, RECREATION AND BEAUTIFICATION BOARD IN POSITION NO. 3, FOR A 3 -YEAR TERM UNEXPIRED EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE WALNUT STREET AND DRAINAGE PROJECT. Mr. Bill Eisen, City Manager. 2. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE WALNUT STREET AND DRAINAGE PROJECT. Mr. Bill Eisen, City Manager. 3. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE WALNUT STREET AND DRAINAGE PROJECT. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SH 35 INTERIM LIFTSTATION. Mr. Trent Epperson, Project Director. Page 3 of 5 1/10/2011 5. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Trent Epperson, Project Director. 6. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2010 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SEEKING LEGISLATION THAT PROVIDES BRAZORIA COUNTY CUSTOMERS WITH FULL VOTING MEMBER REPRESENTATION ON THE GULF COAST WATER AUTHORITY (GCWA) BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. 7. CONSIDERATION AND POSSIBLE ACTION RESOLUTION NO. R2011 -9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A MEMORANDUM OF UNDERSTANDING ASSOCIATED WITH AN ALL HAZARD INCIDENT MANAGEMENT TEAM. Mr. Roland Garcia, Fire Marshal. 8. CONSIDERATION AND POSSIBLE ACTION FIRST AND ONLY READING OF ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20 OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AND ADOPTING A NEW ARTICLE Vlll, ILLEGAL SMOKING PRODUCTS AND INGESTION DEVICES TO PROHIBIT THE USE, PURCHASE, POSSESSION AND SALE OF ILLEGAL SMOKING PRODUCTS CONTAINING CERTAIN PLANT, PLANT PRODUCTS OR DERIVATIVES, CHEMICAL COMPOUNDS APPLIED TO PLANTS, AND PLANT PRODUCTS AND THEIR DERIVATIVES OR OTHER SUBSTANCES, AND INGESTION DEVICES USED IN CONNECTION WITH THE ILLEGAL SMOKING PRODUCTS, AND TO PROHIBIT THE USE, PURCHASE, POSSESSION, AND SALE OF THE SYNTHETIC CANNABINOID PRODUCTS; DISPENSING WITH A CULPABLE MENTAL STATE AND PROVIDING A PENALTY; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, EMERGENCY CLAUSE AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 4 of 5 1/10/2011 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 CONSULTATION WITH CITY ATTORNEY REGARDING LEGAL MATTERS ASSOCIATED WITH A WATER SUPPLY CONTRACT. Mr. Darrin Coker, City AHomey. NEW BUSINESS CONTINUED: 9. CONSIDERATION AND POSSIBLE ACTION REGARDING LEGAL MATTERS ASSOCIATED WITH A WATER SUPPLY CONTRACT. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281 -652 -1653 prior to the meeting so that appropriate arrangements can be made. I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that the foregoing aenda was posted in a place convenient to the general public at City Hall on the 5 day of January 2011, at 5:30 p.m. n retary f ,1T1A Agenda removed day of January 2011. Page 5 of 5 1/10/2011