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2006-07-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 10, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman, in Chamber at 8:45 p.m. Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Public Works Director Danny Cameron; Parks & Recreation Director Rhonda Cyrus; City Engineer Doug Kneupper; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; Director of Finance Claire Manthei; Interim Project Director Jennifer Phan; EMS Director Jeff Sundseth; Executive Director of Economic Development Corporation Fred Welch; Administrative Analyst Chris Kidwell. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Joshua Engle, Troop 460. MAYOR'S ACTIVITY REPORT Mayor Reid reported on June 27, he met with Brazoria County, City Staff, and CBL & Associate Properties regarding Cullen Road and visited the Adult Reading Center Citizenship Class; June 28, he attended the Port Economic Alliance Plan for the San Jacinto Historical District, the Exchange Club Luncheon, the APEX Hospital Information Reception, and presented a certificate to Windsong for contributions to the City; June 29, spoke at the Kroger Donation to Pearland K-9 Corps and attended the Bay Area Transportation Partnership Board of Directors; July 3, met with developers of the proposed hospital; July 5, attended the Council Agenda Meeting; July 6, attended a photo op with school class leaders and spoke at the Hospital Corporation of America Ribbon Cutting for their Professional Building; July 10, spoke at the Ribbon Cutting for the Cullen Road Post Office, attended the City Audit Committee Meeting and the Pearland Economic Development Board of Directors Meeting. Kris Sullivan, 10U Pearland Power All -Stars Coach, introduced the team and stated they are the Texas State ASA 10U "B" Champions and will be advancing to the National Competition. Page 1 of 13 — 7/10/2006 Players: Rebecca Berreth, Megan Everett, Jamie Hufnagel, Mikaela Kerr, Shelby Laws, McKenzie Murphy, Leticia Panos, Raegan Rodriguez, Lauren Shorkey, Samantha Show, Rose Sullivan, and Jessica Tamez Manager: John Hufnagel Coaches: Steve Berreth, Richard Everett, Scott Shorkey, Kris Sullivan, and Mark Show Drew Pelter, Shadow Creek Ranch, stated Shadow Creek Ranch will donate $1500 to the 10U Pearland Power All -Stars for the trip to the National Competition. COUNCIL ACTIVITY REPORTS Councilmembers Saboe and Tetens passed on giving a report. Councilmember Beckman was absent. Councilmember Kyle stated that everyone should visit the new emergency center. The new facility is an impressive treatment center with state of the art equipment. Councilmember Cole reported he attended an appreciation luncheon for Congressman Tom Delay. CITY MANAGER'S REPORT City Manager Bill Eisen reported the City of Pearland has received notice that funding for the Clear Creek Project is in the Federal Budget. The amount requested was $2,000,000 the amount received is $1,000,000. CITIZENS Dale Pillow, 2302 Meadow Green, addressed Council and stated she is on the Keep Pearland Beautiful Board and commended City Council and Parks Director Rhonda Cyrus for their part in appointing the members of the Parks and Recreation Board. The Parks and Recreation Board is dedicated and has taken the time to review the City's Tree Ordinance to keep the City beautiful. She encourages Council to take the recommended changes and incorporate them into the current Tree Ordinance to help the City reach and maintain its beauty. Bill Gustin, 210 Westminister, addressed Council and stated he is representing the Banbury Cross Home Owners Association. He attended a Traffic Calming Workshop on June 7, 2006, regarding plans to reduce traffic at Barry Rose Road and London Court Page 2 of 13 — 7/10/2006 by extending Westminister to the North to Pearland Parkway. The Banbury Cross Homeowners Association did not like the proposal presented at the workshop. He spoke with Public Works Director Danny Cameron regarding their concerns. The Home Owners Association is concerned about the safety of the children using Westminister to get to and from school. They are also concerned about the safety and use of Hyde Park, which was a joint effort between the City and the Home Owners Association. As an alternative, the Home Owners Association would like to suggest the City take a broader view of the developments North of Alexander Landing and Banbury Cross and consider an extension of Westminister to Barry Rose Road. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — 1 . Minutes of the June 19, 2006, Joint Public Hearing held at 6:30 p. M. 2. Minutes of the June 26, 2006, Public Hearing held at 7:00 p.m. 3. Minutes of the June 26, 2006, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1276 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY. Mr. Bill Eisen, City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1275 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; AND CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT. Mr. Bill Eisen, City Manager. Page 3 of 13 — 7/10/2006 D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1280 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN FORTY -FOOT (40') ROADWAY EASEMENT (SCOTT STREET) 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000T-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE TO ADOPT A NEW SECTION 2.4.3.4, ENTITLED OT, OLD TOWNSITE DISTRICT, HAVING A SAVINGS CLAUSE, SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-10 — 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, AT VARIOUS LOCATIONS THROUGHOUT THE CITY, INITIATED BY THE CITY OF PEARLAND, 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. Nick Finan, Assistant City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-106 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING, THE BRAZORIA COUNTY TAX ASSESSOR -COLLECTOR, RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE EFFECTIVE RATE AND ROLL BACK TAX RATE FOR 2006. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM TETENS' ABSENCE FROM THE JUNE 26, 2006, REGULAR COUNCIL MEETING. City Council. Page 4 of 13 — 7/10/2006 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through H as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-12 — 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 0.630 ACRES OF LAND, BEING A PART OF THE COMMERCIAL RESERVE, BLOCK 2, WEST LEA SECTION 1, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 10, PAGE 19, OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF MANVEL ROAD (FM 1128), AND ON THE NORTH SIDE OF WEST LEA LANE), (ZONE CHANGE APPLICATION NO. 2006-20Z), FROM CLASSIFICATION SUBURBAN RESIDENTIAL — 15 DISTRICT (SR -15) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF IRENE FLORES, APPLICANT FOR DANIEL FLORES, 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. Nick Finan, Assistant City Manager. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Tetens, to approve Ordinance No. 2000M-12 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Application No. 2006-20Z. City Manager Bill Eisen stated the property is located on the edge of the West Lea Subdivision and the proposed use for the property is a daycare center and a three- quarter vote will be required for the item to be approved. Councilmember Cole stated the City has had a good relationship with the West Lea Subdivision and denying this zone change application will keep that relationship on good terms. Voting "Aye" None. Page 5 of 13 — 7/10/2006 Voting "no" Councilmembers Cole, Kyle, Tetens, and Saboe. Motion Failed 0 to 4, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 2000M-11 — 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 0.472 ACRES OF LAND, TRACT M2J AND M2K, ABSTRACT 543, H.T. & B.R.R. COMPANY SURVEY, JOHNSTON SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF WALNUT STREET, AND APPROXIMATELY 150 FEET WEST OF JOHNSTON STREET), (ZONE CHANGE APPLICATION NO. 2006-21Z), FROM CLASSIFICATION GENERAL BUSINESS RETAIL DISTRICT (GB) TO SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2), AT THE REQUEST OF JAMES B. PURCELL, 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. Nick Finan, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-11 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-21Z. City Manager Bill Eisen stated this item is a proposal to combine a tract of land with a piece of property that is already zoned as R-2 to build single family homes on the combined property. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 2000M-13 — 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 15.35 ACRES OF LAND, TRACT 3 AND 3F, ABSTRACT 242, SECTION 17, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, Page 6 of 13 — 7/10/2006 AND APPROXIMATELY 1,100 FEET WEST OF FM 1128 (MANVEL ROAD), (ZONE CHANGE APPLICATION NO. 2006-22Z), FROM GENERAL BUSINESS RETAIL DISTRICT (GB) WITH AN APPROVED SPECIFIC USE PERMIT, AND SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, APPLICANT FOR SIGNATURE EUBANKS AND ASSOCIATES, LTD., 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. Nick Finan, Assistant City Manager. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 2000M-13 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-22Z. City Manager Bill Eisen stated this property is located on the north side of Fite Road. Councilmember Saboe asked what the concerns of Commissionmember Grenier were that caused the negative vote. Assistant City Manager Nick Finan stated Commissionmember Grenier was concerned that this property may be better suited for a Planned Unit Development. After further review by staff, this was not the case. Voting "Aye" Councilmembers Cole, Kyle, Tetens, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 1283 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 28.6730 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1283 on its first reading. After the discussion Ordinance No. 1283 was tabled. City Attorney Darrin Coker stated this item is a request from Municipal Utility District No. 18 (MUD No. 18) asking the City to consent to the annexation of approximately 28 acres into the MUD. In 2001, the City Council passed a Resolution limiting the size of in -city MUDs to a maximum of 775 acres. MUD No. 18 is approximately the maximum size at this time. To keep in compliance with the Ordinance, MUD No. 18 is wanting to disannex 74 acres of land from the MUD. The City has to consent to the annexation of the MUD. Page 7 of 13 — 7/10/2006 Mayor Pro -Tem Tetens asked if Bella Vida was originally a Planned Unit Development. Renee McGuire, Villages of Towne Lake LP, stated Bella Vida was a Planned Unit Development. Discussion ensued between Council, City Attorney Darrin Coker, and Renee McGuire, Villages of Towne Lake LP regarding the Ordinance. Nancy Kozanecki, 3705 Pine Branch Dr., addressed Council and stated she is representing the Pine Hollow Home Owners Association which has approximately 275 families that live in MUD No. 18. They would like Council to vote against the Ordinance. With the change, the homeowners will end up paying a more significant contribution to pay off bonds used to build the proposed apartment complex. The project is planned to be an apartment complex for seniors. The homeowners will also be paying a higher tax rate increase percentage and therefore be contributing more money for the project. This project is not fair to the homeowners who will be paying for someone else to make money. The homeowners have spoken and do not want this item to pass and want Council to vote against it. Dan Dexter, 1412 N. Pine Orchard, addressed Council and stated he is against Ordinance No. 1283. This item will cause the homeowners to pay more in property taxes over time and he would like Council to vote against it. Christine Scruggs, 3808 Pine Branch Dr., address Council and stated that she is against Ordinance No. 1283. The current residents of MUD No18 would be paying the $2,000,000 for the new development. Renee McGuire, Villages of Towne Lake LP, addressed Council and stated MUD No. 18 has the lowest rates of all the MUDs. This was planned and research has been done that proves Ordinance No. 1283 would not raise the rate, but would lower it. The MUD No. 18 Board approved the annexation plan unanimously. Councilmember Cole stated he lives in MUD No. 18 and needs to be fair and get all the information and facts before making a decision. He would like to get answers to several questions he has from the financial advisors prior to making a decision. Discussion ensued between Council and Renee McGuire, MUD No. 18 regarding the Ordinance. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Cole, to table the motion for future discussion. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Page 8 of 13 — 7/10/2006 Voting "No" None. Motion Tabled 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-108 — 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 BRAZORIA COUNTY FOR THE CONSTRUCTION OF COUNTY ROAD 403. Mr. Mike Hodge, Assistant City Manager. Councilmember Cole made the motion, seconded by Councilmember Mayor Pro -Tem Tetens, to approve Resolution No. R2006-108. City Manager Bill Eisen stated Council held a Workshop regarding what projects would be further considered and evaluated for next year's bond election. This item is one of the projects Council considered to move forward. The item is on the agenda at the request of Brazoria County to get Council approval before moving on with the final design. Mayor Reid stated he was concerned that this project would be happening at the same time the City would possibly be looking for funds for another road. Mayor Pro -Tem Tetens stated both CR 403 and McHard Road projects need to be done and he feels the City should go ahead with the interlocal agreement before the City ends up funding the entire project. Councilmember Saboe stated the City will build this road someday and the interlocal will help the City fund the project. Discussion ensued between Council, Mayor Reid, and City Manager Bill Eisen regarding the Resolution. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-109 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM. Mr. Bill Eisen, City Manager. Page 9 of 13 — 7/10/2006 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-109. City Manager Bill Eisen stated the City has been working toward having an emergency facility with paid and volunteer members working together. At this time there is a grant available for the City to apply for that will enable it to receive funding to fully staff a paid Fire Department. Councilmember Cole asked if the City is awarded the grant, when would the grants be awarded. Administrative Analyst Chris Kidwell stated he can only estimate a timeframe based on the grants awarded in the prior year. A grant with a similar deadline began being awarded in September 2005 and was still being awarded in May 2006. The City could possibly get the grant anywhere as early as September 2006 or as late as May 2007. Discussion ensued between Council, City Manager Bill Eisen, and Administrative Analyst Chris Kidwell regarding the Resolution. Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION — RESOLUTION NO. R2006-104 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE EAST TEXAS GULF COAST REGIONAL ADVISORY COUNCIL. Mr. Jeff Sundseth, EMS Director. COUNCIL ACTION — RESOLUTION NO. R2006-103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH SERVICES. Mr. Jeff Sundseth, EMS Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-104 and Resolution No. R2006-103. EMS Director Jeff Sundseth stated Resolution No. R2006-104 is the Mutual Aid Agreement with the East Texas Gulf Coast Regional Advisory Council. The State is divided into twenty service areas throughout the State of Texas. This agreement Page 10 of 13 — 7/10/2006 enables the emergency response personnel to move throughout the service areas if needed. Resolution No. R2006-103 states that if City emergency response personnel are requested to go out of State, the City will be reimbursed a pre-set amount by the state. Brief discussion ensued between Council and City Attorney Darrin Coker regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE RENEWAL OF AN ENGINEERING CONTRACT WITH JOHN HARGROVE FOR ENGINEERING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-105. City Manager Bill Eisen stated the City has had a contract with John Hargrove for engineering services; this item is requesting Council approval to renew this contract. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-107 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER OR HIS DESIGNEE, AS THE OFFICIAL REPRESENTATIVE OF THE CITY RELATING TO THE PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-107. City Manager Bill Eisen stated the City currently has agreements of this type with several cooperative entities that do purchasing. This affords the City the ability to shop Page 11 of 13 — 7/10/2006 around and get the best price for purchases. Councilmember Cole asked how the City will check to verify that the City is getting the best price through the network. Director of Finance Claire Manthei stated the City will look at several different networks to compare prices. Councilmember Kyle asked if the City was losing any efficiency or services through being in such a large network. Director of Finance Claire Manthei stated the network is actually more efficient and no services are lost through participation. Councilmember Saboe stated he would like the City to look for all possibilities to purchase items from Pearland based businesses. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:14 p.m. to discuss the following: 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 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE. Mr. Darrin Coker, City Attorney. 3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — RIGHT-OF- WAY — ORANGE STREET. Mr. Darrin Coker, City Attorney. 4. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. Page 12 of 13 — 7/10/2006 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:29 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — RIGHT-OF-WAY — ORANGE STREET. City Council No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:30 p.m. Minutes approved as submitted and/or corrected this the 24th day of July, 2006. Tom Reid Mayor ATTEST: Page 13 of 13 — 7/10/2006 THIS PAGE LEFT BLANK INTENTIONALLY