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2006-06-12 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND . CITY COUNCIL June 12,2006 7:30 p.m. MAYOR Tom Reid Richard Tetens Mayor Pro Tern Position No.1 COUNCIL MEMBERS Helen Beckman Position No.2 Steve Saboe Position No.3 Felicia Kyle Position No.4 Kevin Cole Position No.5 Nick Finan Assistant City Manager Bill Eisen City Manager Mike Hodge Assistant City Manager Darrin Coker City Attorney Young Lorfing City Secretary In accordance with the Texas Open Meeting Act the Agenda is posted for public information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive. AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JUNE 12, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT 1. Mayor's recognition of Inez Farmer for her service as an Election Official. IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: None VIII. 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- 1. Minutes of May 15, 2006, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the May 22, 2006, Special Meeting held at 6:30 p.m. 3. Minutes of the May 22, 2006, Regular Council Meeting held at 7:30 p.m. 4. Minutes of the May 25, 2006, Special Council Meeting held at 6:00 p.m. 5. Minutes of the June 5, 2006, Special Council Meeting held at 7:00 p.m. Page 1 of 9 - 6/12/2006 B. CONSIDERATION AND POSSIBLE ACTION - EXCUSE MAYOR REID'S ABSENCE FROM THE MAY 22, 2006, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1270 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1271 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1272 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER Page 2 of 9 - 6/12/2006 AND SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Oarrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1274 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION -- RESOLUTION NO. R2006-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING OWNERSHIP OF CERTAIN REAL PROPERTY TO BE USED FOR THE LOCATION OF A PUBLIC LIBRARY. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-89 - A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF WOODY OWENS. Mayor Reid. Page 3 of 9 - 6/12/2006 2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-90 - A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF LARRY R. MARCOTT. Mayor Reid. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO 1273 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2006; PRESCRIBING THE TERMS AND FORM THEREOF; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL THEREOF AND INTEREST THEREON; AWARDING THE SALE THEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT TO BE USED IN CONNECTION WITH THE SALE OF THE CERTIFICATES; AUTHORIZING THE PURCHASE OF BOND INSURANCE; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES, INCLUDING USE OF THE PROCEEDS THEREOF, AND MATTERS INCIDENT THERETO; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. 4. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR AUDIT SERVICES. Mr. Bill Eisen, City Manager. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-8 - 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 CL.ASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 8.517 ACRES, BEING OUT OF LOT 1, H.T & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81 OF THE ALLlSON- RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO THE PLAT OR MAP RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2006-19Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R-E) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE Page 4 of 9 - 6/12/2006 REQUEST OF CBL AND ASSOCIATES PROPERTIES, INC., APPLICANT FOR W C PROPERTIES, 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. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-9 - 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 643.1 ACRE TRACT OF LAND, OUT OF THE 1. J. GREEN SURVEY, ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN CALLED 663.1 ACRES OF LAND, SAME BEING LOTS 1 THRU 103 AND LOTS 108 THRU 122 IN THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, RECORDED IN VOLUME 4, PAGE 48, IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, ON THE WEST SIDE OF COUNTRY CLUB DRIVE, AND ON THE NORTH SIDE OF CLEAR CREEK), (ZONE CHANGE APPLICATION NO. 2006-18Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R-E) TO SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1), AT THE REQUEST OF ALAN MUELLER, APPLICANT FOR RIVERSTONE LAND INVESTORS, LTD., SHS, AND GREEN SHADOWS CORPORATION, OWNERS, AND PORTIONS OF THE PROPERTY INITIATED FOR A ZONE CHANGE 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. 7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-6 - 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 1.03 ACRES OF LAND, LOT 25, OF WESTCHESTER ESTATES, Page 5 of 9 - 6/12/2006 ABSTRACT 242, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WESTCHESTER CIRCLE, AND APPROXIMATELY 250 FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-16Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF JAMES D. AND L. ELAINE THOMAS, 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. 8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M-7 - 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 4.540 ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME 976, PAGE 486, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WOOTEN ROAD, AND APPROXIMATELY 1,100 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2006-17Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF GEORGE MUTHALAL Y, APPLICANT FOR MORITE V. CRAVEN, 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. 9. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ASSESSMENT OF AN ADDITIONAL PENALTY ON DELlQUENT PERSONAL PROPERTY TAXES TO DEFRAY THE CITY'S COST OF COLLECTION. Mr. Oarrin Coker, City Attorney. Page 6 of 9 - 6/12/2006 1 O. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CERTAIN CHAPTERS OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen City Manager and Ms. Mary Hickling, Director of Human Resources. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN AMENDMENT TO THE ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO THE DIXIE FARM ROAD. Mr. Mike Hodge, Assistant City Manager. 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE WAGON WHEEL WATER, DRAINAGE AND PAVING IMPROVEMENTS. Mr. Bill Eisen, City Manager. 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR CONSTRUCTION INSPECTION SERVICES ASSOCIATED WITH THE WAGON WHEEL WATER, DRAINAGE AND PAVING IMPROVEMENTS. Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AUTHORIZING THE ISSUANCE OF $1,980,000 UNLIMITED TAX AND REVENUE AND REFUNDING BONDS, SERIES 2006. Mr. Bill Eisen, City Manager. 15. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH POAG & MCEWEN Page 7 of 9 - 6/12/2006 LIFESTYLE CENTER-HOUSTON FOR WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENTS. Mr. Oarrin Coker, City Attorney. 16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR DESIGN SERVICES ASSOCIATED WITH IMPROVEMENTS TO CENTENNIAL PARK. Mr. Mike Hodge, Assistant City Manager. 17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR DESIGN SERVICES FOR A MASTER HIKE AND BIKE PLAN. Mr. Mike Hodge, Assistant City Manager. 18. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A COMMERCIAL LEASE ASSIGNMENT AGREEMENT TO MEET ADDITIONAL SPACE NEEDS FOR THE PARKS AND RECREATION DEPARTMENT. Mr. Mike Hodge, Assistant City Manager. 19. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A DATE, TIME AND LOCATION FOR A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND TESTIMONY REGARDING PROPOSED AMENDMENT TO NO. 1 AND AMENDMENT NO. 2 OF THE PROJECT PLAN FOR TAX INCREMENT REINVESTMENT ZONE NO.2. Mr. Oarrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. Page 8 of 9 - 6/12/2006 2. SECTION 551.074 PERSONNEL MATTERS REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. Mr. Bill Eisen, City Manager. NEW BUSINESS CONTINUED: 20. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. 21. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Y ounq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 9 of 9 - 6/12/2006