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2007-03-05 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 5, 2007, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:40 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: Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. 82007-35 — A RESOLUTION ORDERING A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 12, 2007, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO POSITIONS 1 AND 5 OF THE CITY OF PEARLAND CITY COUNCIL AND ORDERING A SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 12, 2007, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND, TEXAS, PROPOSITIONS FOR THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS FOR VARIOUS PURPOSES; AND MAKING OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Young Lorfing, City Secretary. CONSIDERACION Y ACCION POSIBLE - NUM. DE LA RESOLUCION. R2007-35 - UNA RESOLUCION QUE PIDE UNA ELECCION GENERAL PARA SER SOSTENIDO EL SABADO 12 DE MAYO DE 2007, CON EL FIN DE ELEGIR A MIEMBROS DE CONSEJO A LAS POSICIONES 1 Y 5 DE LA CIUDAD DEL CONSEJO DE CIUDAD DE PEARLAND Y DE PEDIR UNA ELECCION ESPECIAL PARA SER SOSTENIDO EL SABADO 12 DE MAYO DE 2007, CON EL FIN DE SOMETER A LOS ELECTORES CUALIFICADOS DE LA CIUDAD DE PEARLAND, TEXAS, ASUNTOS PARA LA EMISION DE LOS ENLACES PCIBLICOS DE LA MEJORA PARA LOS VARIOS PROPOSITOS; Y HACIENDO OTRAS PROVISIONES RELACIONADAS CON EL TEMA. Sr. Young Lorfing, secretaria de la ciudad. Councilmember Saboe made the motion, seconded by Councilmember Mayor Pro -Tem Tetens, to approve Resolution No. R2007-35. Page 1 of 4 — 3/5/2007 Kelly Moody, 3708 Pine Bark Court, addressed Council and stated she supports this Bond Election as a whole. She is representing her family and the swimming culture of Pearland. Pearland has tried in the past to bring pools to the City and now is the time. City Manager Bill Eisen stated the Resolution provided states the specific wording for all the propositions. Based on Council's instruction, Staff included the maximum funding in each area and listed names of several specific projects in Proposition No. 1. City Manager Bill Eisen asked if Council was comfortable with the words "first priority given" regarding certain projects in Proposition No. 1. Rick Witte, Andrews and Kurth, stated the wording has been approved by the Attorney General's Office to specify projects in the election but also gives the City the flexibility to do other projects. This does not require the City to do these projects first but does require them to be completed with the Bond Election funds. Councilmember Saboe stated, for advertising, the City should mention the advanced engineering on the projects and that they will be fully funded. Councilmember Cole asked what Councilmembers and the City cannot do in terms of promoting the election. City Attorney Darrin Coker stated the obstacle falls more on the City and Staff. City Councilmembers can go and promote the election as they could anything else as long as it is in a public meeting or public forum. Discussion ensued between Council and City Attorney Darrin Coker regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 82007-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Young Lorfing, City Secretary. Page 2 of 4 — 3/5/2007 CONSIDERACION Y ACCION POSIBLE - NUM. DE LA RESOLUCION. 82007-34 - UNA RESOLUCION DEL CONSEJO DE CIUDAD DE LA CIUDAD DE PEARLAND, TEJAS, AUTORIZANDO EL ENCARGADO DE LA CIUDAD O SU DESIGNEE PARA ENTRAR EN UN ACUERDO DE SERVICIOS DE LA ELECCION CON EL CONDADO DE BRAZORIA. Sr. Young Lorfing, secretaria de la ciudad. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. 82007-34. City Manager Bill Eisen stated this item is the agreement between the City and the County that sets the parameters of the County conducting the City election. Councilmember Cole asked with the election being combined, will there also be a combined ballot and how will the public be made aware of any changes. City Secretary Young LorFing stated there will be a combined ballot and all information regarding the election or any changes will be published in the Pearland in Motion; on the cable channel, the website, and in press releases in Brazoria County. Although City Hall is not required to be open on Election Day, the phones will be open all day to assist voters. Councilmember Saboe stated he feels the voters will appreciate this consolidation. Brief discussion ensued between Council, Mayor Reid, City Manager Bill Eisen, and Rick Witte, Andrews and Kurth, regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2007-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REGARDING THE PURCHASE OF THE CHOCOLATE BAYOU WATER COMPANY (CBWC) BY GULF COAST WATER AUTHORITY (GCWA). Mr. Bill Eisen, City Manager. Councilmember Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-36. City Manager Bill Eisen stated this item relates to the Gulf Coast Water Authority purchase of the Chocolate Bayou Water Company. An application for a permit has been filed with the Texas Commission on Environmental Quality. The permit, if approved, will allow for the take point in the Brazos Diver for the Chocolate Bayou Page 3 of 4 — 3/5/2007 system to be moved further upstream. This take point relocation will make it possible to access our volume of water from the Gulf Coast Water Authority's Briscoe Canal, without the need to construct a connection from the Briscoe Canal to a Chocolate Bayou Canal. The Resolution expresses the City's support of the permit application. Discussion ensued between Council, Mayor Reid, 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. ADJOURNMENT Meeting was adjourned at 8:07 p.m. Minutes approved as submitted and/or corrected this the 12th day of March, A.D., 2007. Tom Reid Mayor ATTEST: Page 4 of 4 — 3/5/2007