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2007-03-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 26, 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 7:50 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation. 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 March 13, he was photographed with the Family of Pearland Citizens in Iraq and presented a special recognition plaque; March 14, attended Adult Reading Center Board of Directors Meeting and joined Rob Istre and Assistant City Manager Mike Hodge in a meeting with Judge Joe King regarding Chocolate Bayou Water; March 16, conferenced with Scarsdale Road Engineers; March 17, opened The Small Business Conference at Sri Meenaskshi Temple; March 18 — March 20, attended Brazoria County Day in Austin; March 21, cut the ribbon to open the Yost Road and Scarsdale Road Boulevard and attended the Brazoria County Cities Association Monthly Meeting; March 22, attended the Chamber Leadership Council Meeting and was a waiter for the Adult Reading Center "Red Hat Luncheon"; March 26, met with Brazoria County Commissioner Mary Ruth Rhodenbaugh, met with the Program Director from a local church and attended the monthly Pearland Economic Development Corporation Meeting. Mayor Reid asked candidates for the upcoming Election to introduce themselves. Woody Owens stated he is running for City Council Position No. 1. Page 1 of 13 — 3/26/2007 Larry Marcott stated he is running for City Council Position No. 5. Duane Sayers stated he is running for City Council Position No. 1. Councilmember Cole stated he is running for re-election to City Council Position No. 5. Mayor Reid stated the City of Pearland Parks and Recreation Department have received a regional award and three state awards for demonstrating leadership and providing high quality programs and services from the Regional Texas Recreation and Parks Society. Parks and Recreation Director Jon Branson stated the City of Pearland has been honored with the Regional Excellence in Marketing Award at the Regional Conference. At the State Conference the City of Pearland received more awards than any other city with a total of three. The awards were the Best Web -site Award, the Most Outstanding Promotional Efforts Award and the Arts and Humanities Award. He introduced Parks and Recreation staff members: Assistant Athletics Coordinator Chris Warnick, Athletics and Aquatics Coordinator Robert Borden, Recreation Specialist Michael Boyett, Recreation Specialist Julie Diaz, Recreation Specialist Shemika Claude, Recreation Specialist Katie Schuelke, Recreation Specialist Carry Watts, Recreation Superintendent Michelle Smith. Pearland Area Chamber of Commerce President Carol Artz presented a video account of events at Pearland Day in Austin. Mayor Reid and Councilmember Cole presented City Council, Pearland Area Chamber of Commerce and Leadership Pearland with Senate Resolution No. 353 and House Bill No. 605. Mayor Reid and City Manager Bill Eisen presented Nell Mathis, Delinquent Accounting Specialist, Utility Billing, with a Certificate of Recognition as the City of Pearland Employee of the Quarter. Mayor Reid presented a proclamation proclaiming the month of April 2007 as "Fair Housing Month." COUNCIL ACTIVITY REPORTS Councilmember Saboe, Beckman, Tetens, and Kyle passed on giving a report. Councilmember Cole stated City Council attended Brazoria County Day in Austin and had a great time. Page 2 of 13 — 3/26/2007 CITY MANAGER'S REPORT City Manager Bill Eisen passed on giving a report. CITIZENS Mr. Bean and Sablatura School 6th Graders: Beth Shecterle, Elizabeth Campo, Mitchell Hoffman, Florencia Be La Toore, Savannah Owen, and Christopher Lay addressed Council regarding a proposed Smoking Ordinance for the City of Pearland. Larry Marcott, 3606 Inverness Court, addressed Council and stated he has been asked to speak to Council regarding the Blue Ridge Landfill. City Council and Keep Pearland Beautiful sent a letter to Texas Commission on Environmental Quality, but it is his understanding that preliminary approval has been given for the expansion. He is coming to Council to see if anything else can be done to stop this landfill expansion. Gary Bucek, 8101 Fite Road, addressed Council and stated the Pearland Area Chamber of Commerce will be holding its Annual Business Showcase on April 5, 2007, at 2:00 p.m. He would like to invite City Council to attend. Jeneane Serrano, 4004 Hazlewood, addressed Council and stated there are serious traffic problems on McLean Road and she is concerned they will become worse in August. The Pearland Independent School District is currently building a new school on McLean Road and Magnolia Road in August and the Bailey Road overpass will be completed in August. Both of these items will heavily increase traffic on the road. In the morning traffic is backed up with 20 to 25 cars at the stop sign. It is her understanding that no road improvements are scheduled for Mclean Road. With the increase in traffic the road will need to be improved and have walkways added. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 12, 2007, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-31 — 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 5.00 ACRES OF LAND, MORE OR LESS, BEING THE EAST Page 3 of 13 — 3/26/2007 5.00 ACRES OF LOT 56 OF THE ALLISON RICHEY GULF COAST COMPANY SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF COUNTY ROAD 59, AND ON THE WEST SIDE OF FUTURE KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2007-02Z), FROM SINGLE FAMILY ESTATE DISTRICT (RE) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF JULIO LYBRAND, APPLICANT FOR JAMES AND DEBORA BAILEY, 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-32 — 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 15.991 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 19, ABSTRACT 234, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF CULLEN BOULEVARD, AND APPROXIMATELY 800 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2007-03Z), FROM CULLEN MIXED USE DISTRICT (C -MU) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF THE CITY OF PEARLAND, 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. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 374-4 — 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 31-18, ENTITLED AUTHORIZATION BY PERSON(S) OTHER THAN THE OWNER TO Page 4 of 13 — 3/26/2007 PICK UP AND TOW VEHICLE, REPORT TO POLICE DEPARTMENT REQUIRED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FINAL REPORT OF THE CITY'S 2007 ANNUAL STRATEGIC PLANNING RETREAT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 2007, DUE TO THE MEMORIAL DAY HOLIDAY. Mr. Darrin Coker, City Attorney. Councilmember Cole asked that Consent Agenda Item E be removed from the Consent Agenda for further discussion. Councilmember Saboe made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through F with the exception of item E, as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Cole Consent Agenda Item E was removed for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-50 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE FINAL REPORT OF THE CITY'S 2007 ANNUAL STRATEGIC PLANNING RETREAT. Mr. Bill Eisen, City Manager. Page 5 of 13 — 3/26/2007 Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-50. Councilmember Cole stated he felt this item should have been placed in New Business instead of Consent Agenda because it is the outcome of the Council Retreat. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING LEGISLATION CREATING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 509. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-53. City Manager Bill Eisen stated this item relates to a request from the developer to create Harris County Municipal District No. 509 (MUD No. 509) located adjacent to the Green Tee Subdivision. Lynn Humphries, Allen Boone Humphries Robinson, stated the main difference in how this Municipal District is being created is that it is being done by the Legislature. The City will still have to approve the creation and issue its Resolutions. Discussion ensued between Council, Mayor Reid, and Lynn Humphries, Allen Boone Humphries Robinson regarding the Resolution. Councilmembers questioned the need for In -City Municipal Utility Districts and agreed a Workshop needs to be conducted. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "Aye" Voting "No" None. Motion Passed 5 to 0 Page 6 of 13 — 3/26/2007 COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2007-39. City Council. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to remove Resolution No. R2007-39 from the table. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE MERGER OF WALKER WATER WORKS, INC. INTO TEXAS AMERICAN WATER COMPANY. Mr. Darrin Coker, City Attorney. Councilmember Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-39. City Attorney Darrin Coker stated Council had several questions regarding this item when it was on a previous agenda. He received a letter from the company stating the Texas Commission of Environmental Quality approved the merger without the City's consent. The City has expressed its concern with the fire hydrants and the company has stated it is willing to dialog with City Council to come to an agreement. Discussion ensued between Council, Mayor Reid, and City Attorney Darrin Coker regarding the Resolution. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2007-49 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH TEXAS HONING, INC. AND W & N ENTERPRISES; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1320, ESTABLISHING REINVESTMENT ZONE #16, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2006-121. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole to approve Resolution No. R2007-49. Page 7 of 13 — 3/26/2007 City Manager Bill Eisen stated Council has previously acted indirectly on this item by creating a Reinvestment Zone so that a Tax Abatement could occur. Executive Director of Pearland Economic Development Corporation Fred Welch stated this abatement for the seven years period is equivalent to what Council has done on previous instances and it is consistent with what other counties and jurisdictions are doing. Councilmember Cole asked if there is a mechanism in place to go back and review companies with tax abatements. Executive Director of Pearland Economic Development Corporation Fred Welch stated the City reviews the companies annually. Councilmember Beckman stated she feels this is a fine local industry and she firmly supports this item. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR PROGRAM ADMINISTRATION SERVICES ASSOCIATED WITH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-48. City Manager Bill Eisen stated for a number of years, the City has participated with the County in the Community Housing Block Grant Program. Now that the population has increased, the City is eligible to participate in the plan directly and increase the amount it can receive. To do this the City is required to create a five-year plan for the expenditure of funds and go through an annual process, which is a very time consuming process. Staff is recommending the City utilize the services of an outside firm for this process. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Page 8 of 13 — 3/26/2007 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-44 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD SEWER IMPROVEMENTS (SEGMENT 4). Mr. Trent Epperson, Projects Director. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-44. City Manager Bill Eisen stated this item is to modify an existing contract for the design of a section of Magnolia Road by adding a section of sewer line. By proceeding with this item, it will allow the sewer line to be added at the same time as the other pieces of the project. Councilmember Cole asked if this would be added to the road project and included in the bids. City Manager Bill Eisen stated this will be included in the road project. Brief discussion ensued between Council and City Manager Bill Eisen regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-45 — A RESOLUTION DECLARING THE INTENT OF THE CITY OF PEARLAND, TEXAS TO PARTICIPATE IN PROJECT STARS AS SPONSORED BY THE ECONOMIC ALLIANCE HOUSTON PORT REGION BY ENDORSING CONCEPTUAL GOALS AND OBJECTIVES REGARDING THE DEVELOPMENT OF MUTUALLY BENEFICIAL CORRIDOR STANDARDS, TO PARTICIPATE IN A GOVERNANCE STRUCTURE TO BE KNOWN AS THE PROJECT STARS TECHNICAL ADVISORY COMMITTEE, AND TO APPOINT A REPRESENTATIVE TO SAID COMMITTEE. Ms. Lata Krishnarao, Planning Director. Councilmember Beckman made the motion, seconded by Councilmember Mayor Pro - Tem Tetens, to approve Resolution No. R2007-45. Mayor Reid stated this item originated from the Economic Alliance Houston Port Region and will create a committee to improve the appearance of Southeast Texas. Page 9 of 13 — 3/26/2007 Councilmember Cole asked what corridors will be included and what the standards will be. Assistant City Manager Nick Finan stated at this point everything is conceptual and there are only ideas of what will be included and what the standards will be. Councilmember Kyle stated she feels conceptually, this is a fantastic idea, but feels it is important to highlight who will be paying for this and that there is not a cost to the City. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-43 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REJECTING ALL BIDS FOR THE KNAPP CENTER PARKING LOT. Mr. Jon Branson, Parks and Recreation Director. Councilmember Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-43. City Manager Bill Eisen stated this item is to reject previously received bids for the Knapp Center parking lot. Councilmember Beckman stated asked if the renovations would include energy savings items. City Manager stated the renovation is actually the enlargement of the existing building and it does include several items for energy conservation. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-47 — 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 PUBLIC EMPLOYEE BENEFITS ALLIANCE. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-47. Page 10 of 13 — 3/26/2007 City Manager Bill Eisen stated this item involves joining an organization called the Public Employee Benefits Alliance. The organization is made up of surrounding Cities that join together to purchase several employee benefits at a lower cost. The cost to join is very inexpensive. Councilmember Cole asked if for some reason this alliance does not benefit the City is there the option to purchase benefits outside of the group. City Manager Bill Eisen stated joining this organization does not require the City to purchase any benefits through the alliance. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-51 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT CONTINUING RESOLUTION FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR FISCAL YEAR 2007. Mr. Bill Eisen, City Manager, AND RESOLUTION NO. R2007-52 — A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2008. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2007-51 and Resolution No. R2007-52. City Manager Bill Eisen stated both of the Resolutions are items that have already had formal requests submitted by Staff and are to express local support for funding. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 11 of 13 — 3/26/2007 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:43 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 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. 3. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ENVIRONMENTAL ISSUES. Mr. Darrin Coker, City Attorney. NEW BUSINESS CONTINUED: Council returned from Executive Session at 10:38 p.m. COUNCIL ACTION - REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe, to allow the City Attorney to proceed with the settlement of the condemnation matter involving the Ordeneaux tract. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 12 of 13 - 3/26/2007 COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH ENVIRONMENTAL ISSUES. City Council. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Tetens, to authorize Staff to proceed with submitting an application to the Texas Commission on Environmental Quality to be a contested party in the Blue Ridge Landfill matter. Voting "Aye" Councilmembers Beckman, Tetens, and Cole. Voting "Abstain" Councilmembers Saboe and Kyle. Voting "No" None. Motion Passed 3 to 0, with two abstentions. ADJOURNMENT Meeting was adjourned at 10:40 p.m. Minutes approved as submitted and/or corrected this the 9th day of April, A.D., 2007. ATTEST: ••_ p —TR / m Reid Mayor Page 13 of 13 — 3/26/2007 THIS PAGE TO BE LEFT BLANK INTENTIONALLY