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2007-02-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 12, 2007, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:43 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Helen Beckman Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Young LorFing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Doug Kneupper City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Interim Fire Marshal Roland Garcia; Mike Hodge Assistant City Manager; Paul Jamison Fire Chief; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Michelle Smith, Recreation Superintendent; and Andrea Brinkley Project Manager.. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported January 23, he attended the Ground Breaking of Alvin Independent School District Fairview Junior High School and spoke at the Ground Breaking of Nolan Ryan Junior High School in Shadow Creek Ranch; January 24, attended the Presentation of Art Story, Harris County Infrastructure and joined Police Chief J.C. Doyle for the Bella Vita Home Owner's Association Meeting; January 25, joined Assistant City Manager Mike Hodge and City Engineer Doug Kneupper in a meeting with the Board Chairman of Golf Crest Country Club, attended the Bay Area Transportation Partnership Board of Directors Meeting, and the Pearland Chamber of Commerce Annual Banquet; January 26, attended the H -GAC Transportation Policy Council Board of Directors Meeting and presented a Proclamation to Friends of the Library; January 27, attended the Volunteer Fire Department Annual Awards Banquet; January 29, attended the Council Workshop, Special Meeting and the Pearland Economic Development Corporation Board of Directors Meeting; January 31, attended the Houston Port Economic Alliance Board of Directors Meeting; February 1, joined other Pearland Citizens in Austin, TX, for the swearing in of State Representative Mike Page 1 of 13 — 2/12/2007 O'Day; February 3, attended the National Association of Regional Council for Washington D.C. Legislative Briefings; February 8, attended Friendswood Mayor Smith's State of the City Report; February 9-11, attended the Annual Texas Mayors and Councilmembers Association Annual Meeting in Austin. Mayor Reid presented a proclamation to Councilmember Kevin Cole, Woody Owens, Linda Cowles, Gary Bucek, Larry Marcott and Carol Artz, proclaiming February 28, 2007, as "Pearland Day in Austin." Carol Artz stated Pearland has always participated in Brazoria County Day in Austin. Due to the rapid growth of the City, it has been necessary to have a Pearland Day in Austin to communicate the City's individual issues. Councilmember Cole thanked Carol Artz and Gary Bucek for taking this project on and stated he hopes that this event will become an annual event. In addition to going to Austin to build relationships, two families from Pearland are being recognized on both the House and Senate floors for the loss of their sons. The Miller Families have lost much and made a great sacrifice for the rest of us. City Manager Bill Eisen stated Jacob Reeder is a full-time student and part-time ball field attendant. He was nominated by three City employees for his performance. This says something about Jason because it is the first time any employee has been nominated this many times. Mayor Reid and City Manager Bill Eisen, along with Jon Branson, Parks & Recreation Director, and Michelle Smith, Recreation Superintendent presented Jacob Reeder, Ball Field Attendant, with a Certificate of Recognition as the City of Pearland Part -Time Employee of the Quarter. COUNCIL ACTIVITY REPORTS Councilmember Saboe reported he had the privilege of attending the swearing in of State Representative Mike O'Day. Councilmember Beckman reported she attended the Chamber Bang and it was a wonderful event and the Volunteer Fire Departments Annual Banquet. Saturday, February 3, she participated in Cigarette Butt Litter Day with Keep Pearland Beautiful and picked cigarette butts off the streets of Pearland and attended the Pearland Chamber of Commerce Breakfast. She also attended the Association of Mayors, Councilmembers, and Commissioners breakfast where she enjoyed the speakers and networking. The Brazoria County Commissioners Court passed a Resolution to continue SH 288 as a Scenic Highway through Brazoria County. Mayor Pro -Tem Tetens and Councilmember Kyle passed on giving a report Page 2 of 13 — 2/12/2007 Councilmember Cole stated attended the swearing in of State Representative Mike O'Day. He feels that with his appointment and Pearland Day in Austin, the people in the Capital will definitely recognize Brazoria County and the City of Pearland. CITY MANAGER'S REPORT City Manager Bill Eisen reported City Council will be holding its Annual Planning Retreat, February 24, 2007, at the Westside Event Center. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the January 22, 2007, Public Hearing held at 6:30 p.m. 2. Minutes of the January 22, 2007, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 2006. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Saboe, Beckman, Tetens, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-28 — 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 33.29 ACRES TOTAL; BEING 13.28 ACRES OF LAND, BEING A PART OF LOTS 45 AND 55 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 85, ABSTRACT 304, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 107, Page 3 of 13 — 2/12/2007 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; AND 10.009 ACRES OF LAND BEING ALL OF LOT 57 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 85, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 107 AND 108, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; AND 10.0018 ACRES OF LAND, BEING LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SURVEY SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF MILLER RANCH ROAD, AND APPROXIMATELY 2,300 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-35Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3), AT THE REQUEST OF KAREN AND GEORGE RITCHEY, OWNERS, 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 Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000M-28 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. 2006-35Z. City Manager Bill Eisen stated the item would require a.three-quarter vote from Council to overturn the Planning and Zoning Commission's denial. Karen Ritchey, 2553 Miller Ranch Road, addressed Council and stated her and her husband have built their dream home and have lived in Pearland for nine years. They plan to sell 33.28 of the 43.28 acres of their land, keeping the remaining 10 acres for their retirement. Ms. Ritchey spoke in favor of her zone change request and stated it is a fair request that will bring her property to the same zoning as the surrounding properties. Councilmember Saboe stated he has sympathy for the applicant when he is shown the pictures of what surrounds the location. He does feel that the Council is responsible for making decisions based on the bigger picture and how it affects the City. There are comments constantly made that Pearland is too dense and is growing too fast. He feels that the City needs to stick with the overall plan in this instance and leave the zoning for the area as Single Family Residential (R-1). Page 4 of 13 — 2/12/2007 Councilmember Cole asked if the road was going to be named Silverlake Parkway and if it was a requirement of who ever purchased the property to pay for the construction of half the road or the whole road. City Engineer Doug Kneupper stated the planned name is Silverlake Parkway and the construction plans have been approved, but the payment is a business situation between the person on the east side of the road and the person on the west side. Brief discussion ensued between Council, Mayor Reid, City Engineer Doug Kneupper, and Karen Ritchey regarding the Ordinance. Voting "Aye" None Voting "No" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Motion Failed 0 to 5. FIRST READING OF ORDINANCE NO. 2000M-24 — 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 7.610 ACRE TRACT IN THE THOMAS J. GREEN SURVEY, ABSTRACT 198, BEING THE REMAINDER OF AN 118.755 ACRE TRACT DESCRIBED IN A DEED AS "TRACT NO. 1", AS RECORDED IN VOLUME 1247, PAGE 922, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, AND APPROXIMATELY 3,500 FEET SOUTH OF BARRY ROSE ROAD), (ZONE CHANGE APPLICATION NO. 2006-36Z), FROM SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF TNRG ACQUISITIONS, APPLICANT FOR BEEMAN STRONG AND COMPANY, INC., 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-24 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. 2006-36Z. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Page 5 of 13 — 2/12/2007 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000M-29 — 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 4.6841 ACRES OF LAND OUT OF TRACT 73 OF THE ZYCHLINSKI SUBDIVISION OF THE R. B. LYLE SURVEY, ABSTRACT 542, ALSO KNOWN AS THE MINOR PLAT OF THE A S ACQUISITION SUBDIVISION, LOT 1, BLOCK 1, AS RECORDED IN DOCUMENT NO. 2006051876 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND APPROXIMATELY 1,000 FEET SOUTH OF KNAPP ROAD), (ZONE CHANGE APPLICATION NO. 2007-01Z), FROM GENERAL COMMERCIAL DISTRICT (GC) TO LIGHT INDUSTRIAL DISTRICT (M-1), AT THE REQUEST OF JIM MURPHY, APPLICANT FOR AS ACQUISITIONS AND DAVE PELTON, 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 Councilmember Cole, to approve Ordinance No. 2000M-29 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. 2007-01Z. City Manager Bill Eisen stated if the zone change is approved, there is an existing building on the premises that would be used for light industrial. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2007-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENCOURAGING THE TEXAS STATE LEGISLATURE TO APPROVE A LEGISLATIVE PROPOSAL THAT WILL PROHIBIT THE CONSTRUCTION OF NEW OFF PREMISE SIGNS ALONG STATE HIGHWAY 288. Mr. Darrin Coker, City Attorney. Page 6 of 13 — 2/12/2007 Councilmember Cole made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-18. Neil West, 2213 Country Club Drive, addressed Council and stated he would like to remind Council the Resolution being reviewed is a part of the updated Comprehensive Plan of 2004. Houston and Harris County have this designation and now it is time for all of Brazoria County to get this to extend to the waterfront. Linda Cowles, Keep Pearland Beautiful, addressed Council and stated the Resolution being presented to Council will make all of SH 288 in Brazoria County designated as a Scenic Highway. Councilmember Cole stated this needs to be included in the information that is given to the House and Senate during Pearland Day in Austin. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-14 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENCOURAGING THE BRAZORIA COUNTY COMMISSIONER'S COURT TO MAKE A REQUEST TO THE HARRIS COUNTY TOLL ROAD AUTHORITY (THE "HCTRA") TO INITIATE A STUDY TO DETERMINE THE FEASIBILITY OF HCTRA AND BRAZORIA COUNTY JOINTLY PARTICIPATING IN THE STATE HIGHWAY 35 TOLLWAY PROJECT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-14. City Manager Bill Eisen stated recently there was a discussion with TxDOT to have a toll route running parallel to SH 35 through the City. This toll route would serve points to the south into Brazoria County as well as points to the north. Council requested Staff look into the Harris County Toll Road Authority (HCTR) to see if this was an option. A meeting was held with HCTR and the outcome was that they could build a toll route outside of Harris County if they were invited to do so. Councilmember Cole stated he feels this toll route is an opportunity for Council to shape the future of Pearland. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Page 7 of 13 — 2/12/2007 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-20 — 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 FREESE- NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH WATER AND SEWER IMPACT FEE STUDY UPDATE. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-20. City Manager Bill Eisen stated the City currently levies impact fees for both water and wastewater on all new developments within the City. State law requires the fees be updated no later than every five years to maintain their accuracy. This item is an agreement with Freese Nichols, Inc. for a Water and Sewer Impact Fee Study. Councilmember Saboe asked if the scope of the agreement allows the City to consider the impact of drainage water. City Manager Bill Eisen stated this study is for water and sewer only and does not include drainage water. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION OF THE SPECTRUM MANAGEMENT DISTRICT. Mr. Fred Welch, Executive Director of Economic Development. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-17. City Manager Bill Eisen stated this item is a proposed management district similar to a situation two years ago with the Poag & McEwen Promenade Shops. The management district is created through state legislature and would provide a mechanism for reimbursement of certain public infrastructure improvements. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Page 8 of 13 — 2/12/2007 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 2000-T-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Ms. Lata Krishnarao, Planning Director. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000-T-2 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of the amendments to the Unified Development Code. City Manager Bill Eisen stated this item covers all changes to the Unified Development Code previously discussed by Council and Staff. Assistant City Manager Nick Finan stated this item contains the full text of the requested changes to the Unified Development Code. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-15 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN AMENDED INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT"). Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-15. City Manager Bill Eisen stated the City is required to annually review and adopt a specific investment policy. This investment policy has several changes and is more detailed than the previous strategy. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Page 9 of 13 — 2/12/2007 Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1295-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1295, THE 2006-2007 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING ADDITIONAL APPROPRIATIONS TO FUND FISCAL YEAR 2005-2006 CARRYOVERS; 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. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1295-1 on its first and only reading. City Manager Bill Eisen stated each year there are a number of contracts in the process of being fulfilled and there is a need to adjust the budget to reflect the expenditures. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AUTOMATIC MUTUAL AID EMERGENCY RESPONSE AGREEMENT WITH THE PEARLAND VOLUNTEER FIRE DEPARTMENT AND THE MANVEL VOLUNTEER FIRE DEPARTMENT. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-19. City Manager Bill Eisen stated this agreement is similar to the one done with the Southeast Volunteer Fire Department and provides a mechanism for calling on the assistance of another fire department in the local area. Fire Chief Paul Jamison stated the agreement is an Auto Aid Agreement and is an automatic response for building or structure fires. When a call is received for a building fire or suspected building fire in the area, a call will automatically be placed for mutual aid from the participating departments. Page 10 of 13 — 2/12/2007 Councilmember Kyle asked with the agreement being between the City of Pearland, the Pearland Volunteer Fire Department, and the Manvel Volunteer Fire Department, would it be a good idea to include the City of Manvel. City Attorney Darrin Coker stated the City of Manvel does not fund the Manvel Volunteer Fire Department, therefore, is not part of the agreement. Discussion ensued between Council, City Manager Bill Eisen, and Fire Chief Paul Jamison regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH WINNING WAY SERVICES, INC. AND MIKAYLA ARCHITECTS FOR PLAN REVIEW SERVICES. Mr. Nick Finan, Assistant City Manager. Councilmember Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-21 as amended. City Manager Bill Eisen stated the City is currently short a person in the inspection area and there is a need for assistance with commercial plan reviews. Two proposals have been submitted to provide review services. This item is to get Council approval to utilize the two firms. Councilmember Kyle stated the City needs to develop a standard form contract for this service to protect the City's interest. City Attorney Darrin Coker stated the Mikayla Architects contract is the City's form contract for this type of service. Brief discussion ensued between Council and City Attorney Darrin Coker regarding the Resolution. Councilmember Kyle made the motion, seconded by Councilmember Cole, to amend Resolution No. R2007-21 to amend the contracts to include similar provisions. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Page 11 of 13 — 2/12/2007 Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole 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 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING LITIGATION. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:56 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING PENDING LITIGATION. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:57 p.m. Page 12 of 13 — 2/12/2007 Minutes approved as submitted and/or corrected this the 26th day of February, A.D., 2007. Tom Reid Mayor ATTEST: Page 13 of 13 — 2/12/2007 THIS PAGE TO BE LEFT BLANK INTENTIONALLY