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2005-10-10 CITY COUNCIL MEETING AGENDA AGENDA CITY OF PEARLAND . CITY COUNCIL October 10, 2005 7:30 p.m. MAYOR Tom Reid Kevin Cole Mayor Pro-Tern Position No.5 COUNCIL MEMBERS Richard T etens Position No. 1 Woody Owens Position No. 2 Charles Viktorin Position No.3 Bill Eisen City Manager Larry Marcott Position No. 4 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. AMENDED AGENDA ADDED NEW BUSINESS ITEMS NO. 14, NO. 15 & NO. 16 ADDED EXECUTIVE SESSION ITEM NO.3 AND NEW BUSINESS ITEM NO. 19 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON OCTOBER 10, 2005, 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. Recognition of graduates from the City of Pearland's first Community Emergency Response Team (CERT) Course. 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 - APPROVAL OF MINUTES: 1. Minutes of the June 14, 2004, Joint Public Hearing (Comprehensive Plan) held at 6:30 p.m. 2. Minutes of the August 8, 2005, Regular Meeting held at 7:30 p.m. 3. Minutes of the August 9, 2005, Public Hearing (Parks Master Plan) held at 7:00 p.m. Page 1 of 11 - 10/10/2005 4. Minutes of the August 15, 2005, Special Meeting held at 7:30 p.m. 5. Minutes of the August 22, 2005, Public Hearing (Abandonment White Road) held at 6:30 p.m. 6. Minutes of the August 22, 2005, Regular Meeting held at 7:30 p.m. 7. Minutes of the August 25, 2005, Public Hearing (Property Tax) held at 6:30 p.m. 8. Minutes of the August 29, 2005, Public Hearing (FY 2005-2006 Budget) held at 6:30 p.m. 9. Minutes of the August 29, 2005, Public Hearing (Property Tax) held at 6:30 p.m. 10. Minutes of the August 29,2005, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-795 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 4.9292 ACRE TRACT OF LAND BEING OUT OF AND A PART OF LOT 58 AND 57 OF FIGLAND ORCHARD SUBDIVISION, A SUBDIVISION OUT OF SECTION 13 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, ACCORDING TO THE MAP OR PLAT OF SAME BEING RECORDED IN VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND SOUTH OF FIGLAND STREET) (SPECIFIC USE PERMIT APPLICATION NO. 151) FOR A CHANGE FROM LIGHT INDUSTRIAL DISTRICT (M-1) TO A SPECIFIC USE PERMIT FOR "COMMERCIAL RADIO OR TELEVISION OR MICROWAVE TOWER" IN THE LIGHT INDUSTRIAL DISTRICT (M-1(S)), AT THE REQUEST OF VOICE STREAM HOUSTON, INC., APPLICANT FOR RANDY A. AND CONNIE L. LANGE, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-796 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND , TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION Page 2 of 11 - 10/10/2005 BEING 127.6954 ACRES TOTAL, DESCRIBED AS: 88.6991 ACRES, OUT OF LOTS 6, 7, AND 8; 9.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; ALL OF THE JAMES HAMILTON SURVEY; 9.9963 ACRES SITUATED IN THE DAVID WHITE (ASSIGNEE OF JAMES HAMILTON) SURVEY, ABSTRACT 881, HARRIS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 15 ACRE TRACT OF LAND RECORDED IN VOLUME 2309, PAGE 695, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 288 AND BELTWAY 8) (APPLICATION NO. 1238) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SO) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR PEARLAND LIFESTYLE CENTER, L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1023-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING EXHIBIT "B" OF ORDINANCE NO. 1023 AS IT APPLIES TO PARK DEDICATION FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Ms. Rhonda Cyrus, Parks and Recreation Director. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 OF APPROXIMATELY 75.5396 ACRES OF LAND. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF TOM HODGES TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A 3-YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENT OF CHARLIE MICHNA TO SERVE ON THE ELECTRICAL BOARD FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2007. Mr. Bill Eisen, City Manager. Page 3 of 11 - 10/10/2005 H. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENTS OF FELICIA KYLE, RANDY FERGUSON, GEORGE SANDARS, AND LUCY STEVENER TO SERVE ON THE ECONOMIC DEVELOPMENT BOARD FOR A 2-YEAR TERM EXPIRING ON NOVEMBER 1, 2007. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENT OF MIKE BESSER TO SERVE ON THE GAS AND PLUMBING BOARD FOR A 5-YEAR TERM EXPIRING NOVEMBER 1, 2010. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENTS OF KATHY LUND AND HAROLD GENTRY TO SERVE ON THE HEALTH FACILITIES DEVELOPMENT CORPORATION BOARD FOR A 2-YEAR TERM EXPIRING NOVEMBER 1, 2007. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENTS OF DALONA NILAND AND THOMAS GIBBS TO SERVE ON THE PARKS, RECREATION AND BEAUTIFICATION BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1,2008. Mr. Bill Eisen, City Manager. L. CONSIDERATION AND POSSIBLE ACTION - REAPPOINTMENTS OF VICKY PREBLlSKY AND PENNY WOODWARD TO SERVE ON THE LIBRARY BOARD FOR A 3-YEAR TERM EXPIRING NOVEMBER 1,2008. Mr. Bill Eisen, City Manager. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-797 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.988 ACRES, BEING LOT 28, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 23, BRAZORIA COUNTY PLAT RECORDS OUT OF SECTION NO.7, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF O'DAY ROAD, AND NORTH OF BUTLER ROAD) Page 4 of 11 - 10/10/2005 (ZONE CHANGE APPLICATION NO. 1240) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF RAMOND W. HOWARD, APPLICANT FOR JESUS BANDA, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-798 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 10.00 ACRES, APPROXIMATELY, BEING THE SOUTH 7.5 ACRES OF TRACT 4 OF THE SUBDIVISION OF SECTION 17, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS IT APPEARS OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF BRAZORIA COUNTY, TEXAS; AND THE NORTH 2.5 ACRES OF THE SOUTH 10 ACRES OF THE SOUTH 20 ACRES OF THE EAST 60 ACRES OF THE NORTHEAST ONE QUARTER OF SECTION 17, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, THIS SAME PROPERTY HAS SOMETIMES BEEN KNOWN AND REFERRED TO AND DESCRIBED AS LOT 4, SECTION 17, ABSTRACT 242, BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF MANVEL ROAD (FM 1128) AND FITE ROAD) (ZONE CHANGE APPLICATION NO. 1242) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF SIGNATURE EUBANKS AND ASSOCIATES, APPLICANT FOR THE ESTATE OF ALFRED HRBACEK AND ANNIE HRBACEK, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-799 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION Page 5 of 11 - 10/10/2005 BEING 8.290 ACRES, BEING A PART OF LOT 12 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, AS RECORDED IN VOLUME 2, PAGE 23, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF OWER LANE) (ZONE CHANGE APPLICATION NO. 1245) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SO) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF HIEP PHAM, APPLICANT FOR FORTRESS PEARLAND INVESTMENT, LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 4. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-800 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 20.00 ACRES, BEING THE NORTH ONE-HALF OF TRACT 2, THE SOUTH ONE-HALF OF TRACT 2, AND TRACT 5, ABSTRACT 309, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SMITH ROAD (COUNTY ROAD 666), AND SOUTH OF FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1239 & SPECIFIC USE PERMIT APPLICATION NO. 153) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SO) TO GENERAL BUSINESS DISTRICT (GB), WITH A SPECIFIC USE PERMIT FOR SINGLE FAMILY RESIDENTIAL USES (GB(S)), AT THE REQUEST OF CHARLES VIKTORIN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-801 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION Page 6 of 11 - 10/10/2005 BEING 5.00 ACRES, BEING THE SOUTH ONE-HALF OF LOT 21, OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 8, OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 504, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN VOLUME 2, PAGE 23 AND 24, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ROY ROAD, AND NORTH OF FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1241) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF CHARLES C. MOFFETT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-802 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 5.00 ACRES, BEING A PART OF AND OUT OF LOT 178, OUT OF THE ZYCHLlNSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND NORTH OF DIXIE FARM ROAD) (ZONE CHANGE APPLICATION NO. 1243) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF TRAFFIC CONTROL DEVICES, INC., AND GEORGE W. WILLIAMS, III, APPLICANT FOR ASSOCIATED ENTERPRISES, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-805 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN Page 7 of 11 - 10/10/2005 DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 3.269 ACRES, BEING LOT 8 OF THE ORANGE GROVE ADDITION RECORDED IN VOLUME 2, PAGE 62 OF THE HARRIS COUNTY MAP RECORDS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF BELTWAY 8 AND ALMEDA SCHOOL ROAD) (ZONE CHANGE APPLICATION NO. 1244) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF TIM STOVALL, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-806 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 10.8757 ACRES OF LAND, RESTRICTED RESERVE "A" OUT OF THE FINAL PLAT OF HOME DEPOT U.S.A, INC. SUBDIVISION, A SUBDIVISION CONTAINING 14.6536 ACRES OF LAND SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT 70, GEORGE W. JENKINS SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST SIDE OF DIXIE FARM ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 152) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARCHITECTURAL GROUP INTERNATIONAL (AGI), APPLICANT FOR THE HOME DEPOT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 9. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1230 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAIN- Page 8 of 11 - 10/10/2005 ING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Darrin Coker, City Attorney. 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH LAND THREE, L TO. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.6 OF APPROXIMATELY 9.9932 ACRES OF LAND. Mr. Darrin Coker, City Attorney. 12. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1231 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF DRAINAGE 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 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. 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH BRIDGEFARMER AND ASSOCIATES FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT (BRIDGE CROSSING AT MARY'S CREEK). Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A HOTEL OCCUPANCY TAX Page 9 of 11 - 10/10/2005 REIMBURSEMENT AGREEMENT WITH SHADOW CREEK HILTON GARDEN INN, LLP. Mr. Bill Eisen, City Manager. 15. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-154 - 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 DUNHAM ENGINEERING, FOR ENGINEERING SERVICES ASSOCIATED WITH THE REPLACEMENT OF THE MAGNOLIA WATER PLANT GROUND STORAGE TANK. Mr. Bill Eisen, City Manager. 16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-155 - 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 DUNHAM ENGINEERING, FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF THE ALICE STREET ELEVATED WATER TANK. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. 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 551.074 PERSONNEL MATTERS - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): 17. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. 18. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. Page 10 of 11 - 10/10/2005 19. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 11 of 11 - 10/10/2005