Loading...
2004-10-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 25, 2004, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Charles Viktorin Richard Tetens Woody Owens Larry Marcott Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Business Retention & Expansion Manager Karen Dickson; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Parks and Recreation Director Rhonda Cyrus; Public Works Director Jerry Burns; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; and Senior Planner Theresa Grahmann. The invocation was given by Mayor Pro -Tem Viktorin and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid presented a proclamation to the Indian community in celebration of the Diwali "Festival of Lights", proclaiming November 6, 2004 as the Diwali "Festival of Lights" Day. Harish Krishnarao gave brief comments regarding unity of the United States. He states as part of the Diwali "Festival of Lights" Ceremony, celebration takes place regarding democracy. This festival signifies the light or darkness, knowledge or ignorance, peace or violence, and so on. His community wants to pass down their roots to their children and community. He thanked Council and the City for giving the Indian community the opportunity to be a part of the Pearland community. Mayor Reid reported on October 12 he attended the Brazoria County Tax Process Committee Meeting; October 13 he visited with the local Indian community leader and the Pearland Arts League Board of Directors; October 14 he attended a Ribbon Cutting Ceremony for Gooden Engineering Company, the Bay Area Transportation Partnership Page 1 of 23 —10/25/2004 Planning Committee Meeting, a meeting for the proposed Wrestler Museum Committee, and the Brazoria County Bond Election Rally; October 15 he attended the Harris County Commissioner Sylvia Garcia's Economic Summit and Pearland Arts League — Bella Vida Reception and Exhibit; October 16 he attended the Wings Over Houston Annual Event and the Woman in Leadership Reception; October 18 he attended an Agenda Meeting, met with a local business committee, met with Rivermist Homeowners' Association Members, met with a Pearland Regional Hospital adviser, and attended a Council Meeting; October 19 he attended the HGAC Monthly Board of Directors Meeting, and met with a new church — Aneilla Convent; October 20 he attended the Chamber Monthly Luncheon, an Alliance of Port Region Board of Directors Meeting, and a Brazoria County Cities Association Monthly Meeting in Freeport; October 21 he attended the Chamber Leadership Council Meeting, a lunch meeting with Fort Bend County Commissioner, a Gulf Coast Water Authority Board of Directors Meeting, an Open House for Dynamic Rehabilitation, an Open House for REMAX One, and gave opening comments at the Berry Miller School Site Dedication, October 22 he attended the Transportation Policy Council Board of Directors Meeting and met with City Manager Bill Eisen, Dr. Bonnie Cain, and Dr. David Watson; October 23 he visited the Spencer Lodge Blood Drive and made opening comments at the Pearland Hospital Society Annual Reunion. COUNCIL ACTIVITY REPORTS Mayor Pro -Tem Viktorin passed. Councilmembers Tetens and Owens also passed. Councilmember Marcott reported the flags along Pearland Parkway were for the Welcome Home Ceremony of Police Officer and Service Member Wes Boyer. Mr. Marcott had the opportunity to speak with him at one of the local football games and he was happy to be back home. Councilmember Cole encouraged everyone to vote on Election Day. CITY MANAGER'S REPORT City Manager Bill Eisen reminded everyone that the Parks and Recreation Department and Keep Pearland Beautiful will relocate November 1, 2004 to the Sharp Real Estate Office. CITIZENS Lindsey Hodson, 2401 Emma Drive, addressed Council and stated the Comprehensive Plan states "this government is proactive in ensuring that Pearland citizens enjoy the attractive, safe, and wholesome environment where the quality of life is second to Page 2 of 23 —10/25/2004 none." She has difficulty aligning this vision with the action that was taken in approving the noise permit for Pitch, Putt, & Play. This permit continues to impact the residents of the area. The permit removed the language of reasonableness, which equates a policy of unreasonableness. She thinks this is unacceptable in anyone's standards. She does not think this was the intent of the permit. Also, as a result of the permit, the police can no longer intervene on behalf of the citizens. They have been exemplary in responding to all of the calls prior to the issuance of the permit. She stated on Friday, October 15, 2004, an officer came and agreed that the noise was disruptive. The dispatcher on the phone heard the band in the distance. There was nothing the police could do except submit the report of the complaints. The signal that she received upon approval of the permit was quality of life had no regard. Residents have taken a back seat to economic development and the commercial base. The motive for the Pitch, Putt, & Play noise permit was to counter anticipated complaints from the neighboring residential community. This suggests an endorsement that businesses hold no accountability to act as good neighbors. The permit enables the business to profit at the citizens' expense. The reason for the permit was to boost profits on a slow weekend night. She asked about the citizens' tax base. She gave information regarding the appraisal value of the homes in which the citizens of that area reside. She urges Council to consider the citizens' proactive involvement as citizens who are committed to improving their quality of life and preserving community values. She asked Council to consider revoking the noise permit. Warren Price, 2401 Emma Drive, addressed Council and stated Pitch, Putt, & Play conducted another outdoor concert on October 15, 2004 and the noise was so loud that it could be heard inside the house. The police were called and can be checked for reference. The officer could clearly hear the noise and the dispatcher on the phone as well. The officer on duty has no role other than to come and talk to the residents due to the issued permit. He thinks this is wrong and a big hole in the entire process. The bad behavior continues. He urges Council to talk to the Police Department to get evidence of the noise. Mr. Price stated he thinks the under -age drinking and smoking should also be checked, even though he has not been able to identify this part. He stated the justification for the permit, as indicated by Councilmember Cole and Councilmember Viktorin, was that the teens of Pearland need a place to gather with a fun, safe, and wholesome environment to keep them out of mischief. He agrees with the goal, but thinks the issuance of a noise permit is not the way to do it. First of all, the Pitch, Putt, & Play business is always a teen hangout. A lot of activity takes place there. An outdoor concert venue is not needed; they have a place to hang out, video games, golf, batting cages, and more. The residents have no problem with this portion of the business. He suggested the reason for the permit was for money. The business wants to make money. He thinks that this is becoming a place for the teens to act out. He has no problem with the business making money, but does not like the way that they are making it. An outdoor concert will take place this Friday. One of the bands that will be playing during this concert is listed on a hand out. He would like to read it at the current meeting, but cannot because there are children present. He will read the parts that can Page 3 of 23 —10/25/2004 be played and blank out the words that cannot. "Hey, we playing a Hallow Eves Show at the Pitch, Putt, & Play; Friday night of Halloween Weekend. Come on out. Brandon is going to dress up like a humongous (male anatomy). Should be pretty cool. Brian is going as himself, which is scary enough, but I am going to go as a baller/pimp. You will see me in my normal clothing. Have fun." Mr. Warren stated this is the kind of screening that occurs with these acts. Who knows if they are actually going to do it, but this is what they are saying on their website. He would think that any parent or church leader would find this appalling, but this is what the permit has allowed. This is an oversight and obnoxious. He asked Council to revoke the noise permit tonight or as soon as possible. He encouraged everyone on City Council to buy a ticket to the Halloween Show and attend the entire show. Anthony Guegel, 5917 Sawyer Drive, addressed Council and stated he wants to comment on the noise level in the neighborhood, specifically referring to Friday, October 15, 2004. Shortly after 9:30 that evening he and his family returned home and saw several police cars at the business, apparently monitoring the situation. They were parked across the street from the Pitch, Putt, & Play. He saw a fourth police car leaving his neighborhood and this is a testament to some of the complaints that were taking place. The music could not be heard initially with the window rolled down because of the wind noise. However, once they pulled up into their residence, a '/ mile away, the sound was heard. He grabbed a micro -cassette recorder to record the noise. He has a sample of the music that was played at the event. Mr. Guegel proceeded to play less than a minute of the tape. This captures what the residents were hearing that night. This brings a reasonable question of whether or not the level of noise was appropriate giving the noise permit issued. Daniel Oestmann, 2529 O'Day Road, addressed Council and stated he lives next to the Pitch, Putt, & Play. The noise permit issued to the business is not working for the residents of the neighborhood. On October 8, 2004, a very loud, punk metal band could be heard for up to a mile away. His son heard the band while staying with a friend in West Oaks subdivision. Mr. Oestmann stated he called that night and complained. On October 15, 2004, another band played and he spoke with a Councilmember. He stated the Councilmember attended the event during the time period of 8:45 p.m. to approximately 9:00 p.m. He asked Council to listen and look at the videotapes he gave to the City Attorney. This will show what took place after that time. Many residents called the police and complained. He asked Council to reconsider the noise permit and a time frame. The permit is for six months and he is not going to wait six months before he takes further action. Reasons for revoking the permit exist now and he believes it breaks State code 4201 for disturbing the peace. The noise that can be heard three to four blocks away and audible for up to a mile away, has to be over 85 decibels at his residence and across O'Day road. He does not know if there are some community standards the City abides by, but this music is simply vulgar. Proper notification was not given to the residents before the variance granted. He was never notified. This business is a business for families and the neighborhood. Turning it into a night time Page 4 of 23 — 10/25/2004 concert venue is outside the original proposed business model. There are residents who have lived in their homes before this nuisance began. Other neighbors have seen kids going down to the Chevron station to buy beer then hiding it in their pants and returning back into the Pitch, Putt, & Play. He commented on a neighbor having kids parked in her private area and her noticing possible drug activities before she could chase them off. In closing, Mr. Oestmann stated that answering noise calls regarding the Pitch, Putt, & Play could not be a suitable use of the precious police resources. Debbie Court, 3505 Wheatfield Court, addressed Council and stated she is here to speak about the property located between John Lizer Road and Pearland Parkway. She stated City Council is entrusted to representing and tending to the immediate and long-term welfare of the City of Pearland and its citizens. She knows Pearland is growing, but in an effort for it to grow well a comprehensive plan needs to be in place. When her family purchased their home in 2001, Pearland Parkway did not extend to the Beltway. They knew it would in the future. She wanted to establish her family's roots in Pearland and watch their children grow as well as the City. She stated that Council is not voting on an events center, or weighing the measures or drawbacks of having an events center and whether or not the 23 acres is a good location. Council is voting on whether or not the total of approximately 23 acres in the center of Pearland should be zoned as General Business. She asked Council to vote no to the zoning of General Business for this location. Charles Court, 3505 Wheatfield Court, addressed Council and stated he opposes Item C on the Consent Agenda regarding the rezoning of 18 acres near John Lizer and Pearland Parkway. He asked that the item be pulled from the Consent Agenda for discussion. He stated this item affects the local area. It is a valuable resource shared by all the citizens of Pearland. Plan Initiative No. 2 in the Pearland Comprehensive Plan is regarding the development of Pearland Parkway. He gave information on the residents and people opposing the zone change. The 2004 update of the Pearland Comprehensive Plan devotes a lengthy section on the beauty of thoroughfares located in Pearland. He commented on the plan for the areas located along the Pearland Parkway. He is not necessarily opposed to the construction of an events center on the property, but the zoning of General Business. He stated the developer should make a commitment to Pearland by filing for a Planned Unit Development. If this area is rezoned to General Business, it would create a 23 acre General Business zone of this corner. Any kind of business could be constructed in this area anytime in the future. A General Business zoning for this property is inconsistent with the Pearland Comprehensive Plan, and it is not in the interest of Pearland residents or its neighboring businesses. All of us want to live and work in a beautiful, livable, well-planned City of Pearland. Dana Morrison, 3405 Fox Court, addressed Council and stated she resides in the Rivermist Subdivision. She is in opposition to the zone change. She asked that everyone present who is in opposition to the proposed zoning stand. Several Page 5 of 23 —10/25/2004 homeowners have overly expressed their opposition to the zone change of General Business. She gave additional comments regarding property value concerns if the area is rezoned and an events center is constructed. She stated approximately 2,000 homeowners would be affected by the proposed events center. Ms. Morrison stated there are better alternative sites for the events center that would not have such a negative impact on the surrounding residents. She gave information regarding the area located near SH 288 as a possibility for the events center. Comments were made regarding the traffic burden the events center would place in the area. She stated the residents are here because they care about the future of Pearland and want to keep it a nice place. Mark Baird, 3503 Wheatfield Court, addressed Council and stated he lives in the Rivermist Subdivision. He does not oppose and events center or the location, but the risk in rezoning the property to General Business. If everything goes right, the City and residents will end up with a wonderful place, but sometimes things do not always go as planned. This is his fear. He gave comments regarding what could take place if the property is rezoned to General Business. It would cost a little more for the developer to create a Planned Unit Development, but this is an appropriate thing. He asked Council to only accept the rezoning in the form of a Planned Unit Development. In closing, let the developer take the risk to develop the property by putting the money forward to ensure everyone that an excellent center will be constructed on the property. He asked Council to pull the item from the Consent Agenda and deny the General Business zoning. Michelle Hogag, 3402 Huisache Court, addressed Council and stated she is in opposition to the proposed General Business zoning and asked Council to vote no. Cathy Puff, 3717 Maryfield Lane, addressed Council and asked Council to vote against the General Business zoning. She does not want this in her back yard because of possible traffic congestion. Connie Foley, 3410 Pheasant Lane, addressed Council and stated she resides in the Rivermist Subdivision. She is not against the events center, but does not particularly want it placed down the street, but if it is the case, then she recommends it in the form of a Planned Unit Development. John Black, 3211 Wild Turkey Lane, addressed Council and stated he is not opposed to a small-scale events center, but opposed to the General Business zoning. A Planned Unit Development gives better control of what happens with the property. This piece of land could significantly affect the property values of the neighboring areas. In the Rivermist Subdivision there are 245 homes. The cost for the developer to change this into a Planned Unit Development is very insignificant considering the cost of a multi- million dollar project. The effect of the General Business zoning should be considered. The cost for a Planned Unit Development is worth it because it helps protect the Page 6 of 23 - 10/25/2004 residents. There would also be a significant traffic increase due to the proposed events center. He gave information regarding the school zones and children in the area. In closing, he wants to prevent the traffic that is currently taking place at the Cole's Flea Market area. Chris Lesak, 2602 Woodcreek, addressed Council and stated he approves of the events center. The topic that tends to come up regarding the proposed development is traffic. Pearland Parkway is a major thoroughfare and John Lizer is in the process of being expanded. Both roadways should handle the area traffic. The other topic regarding the proposed development is that this could already take place in portions of the property because it is already zoned General Business. He gave information on the areas currently zoned General Business. Clarinda Robertson, 2118 Y2 Lake Road, addressed Council and stated the pros and cons have already been given regarding the proposed development. She very much understands the concerns of the residents. She respects that. Ms. Robertson stated that she and her partner are just two entrepreneurs who thought this was a beautiful place to construct an events center. She is for the events center and is not opposed to a Planned Unit Development. However, $25,000 to create a Planned Unit Development document is quite a lot for two entrepreneurs. There are investors that are included in developing the events center. A Planned Unit Development could also not be approved and there is some concern regarding this. Linda Carr, 622 Hwy. 3, addressed Council and stated she is looking to bring something beautiful to Pearland that everyone could enjoy. She is not opposed to a Planned Unit Development. She stated they are willing to do whatever they can to help the residents understand the proposed development. Bobby Keener Jr., 17310 Harkey Road, addressed Council and stated he is for the events center and the location. He gave comments regarding his family having to go out of the City in order to hold family events. An events center in this area would be relatively easy to get to because of Pearland Parkway. Michelle Frugia, 1929 Prairie Creek Drive, addressed Council and stated she is going to get married in 2006. She is for the events center. Pearland Parkway and John Lizer Road will support any increase traffic. The events center will be placed three acres back on the property and should eliminate any noise issues. Bonnie Chrisman, 2801 John Lizer, addressed Council and stated she is disappointed that Pearland's Master Plan has been disregarded. She is disappointed that Council has disregarded the disapproval of the Planning & Zoning Commission. She is disappointed that Council has chosen growth first and citizens second. Michael Klaus, 5016 Groveton, addressed Council and stated he has been a resident of Page 7 of 23 —10/25/2004 Pearland since 1979. He has listened to the comments tonight and there are a couple things of concern regarding the General Business zoning. He stated there are a lot of things the business owner needs, which fall within the General Business zoning. If a more restrictive zoning is given, then the business owner would literally have to define everything that would take place on the property. There are some items that may fit in the General Business zoning, but not a more restrictive zoning. He asked Council to look at the widening of John Lizer and make sure it is the appropriate length in order to handle any increase in traffic. The Pearland School District is in the process of leasing its stadium for use by other districts because of activities. Residents are going to see traffic in the area. Pearland Parkway is designed for this traffic. General Business zoning currently exists down both sides. He can see both sides of the issue and asked the City and developer to keep the plan simple. Manhar Das, 1855 North Main Street, addressed Council and stated he is for the events center. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the September 20, 2004, Special Meeting held at 6:30 p.m. 2. Minutes of the September 20, 2004, Public Hearing held at 6:30 p.m. 3. Minutes of the September 20, 2004, Public Hearing held at 6:30 p.m. 4. Minutes of the September 27, 2004, Public Hearing held at 6:30 p.m. 5. Minutes of the October 4, 2004, Public Hearing held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-738 — 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 1.0927 ACRE TRACT OF LAND OUT OF THE SOUTH 156.10 FEET OF LOT 44 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23-24 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HILLHOUSE ROAD, AND NORTH OF FM 518 (BROADWAY STREET)) (APPLICATION NO. 1187) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF SILVER PEAR 518 BUSINESS PARK, LTD., APPLICANT Page 8 of 23 — 10/25/2004 FOR THEODORE AND MAMMIE MOORE, 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. 509-739 — 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 18.325 ACRE TRACT OF LAND IN THE T. D. YOAKUM SURVEY, ABSTRACT 399, AND THE A.C.H. & B. SURVEY, ABSTRACT 147, BRAZORIA COUNTY, TEXAS, SAID TRACT BEING DESCRIBED IN A DEED RECORDED IN CLERK'S FILE NO. 2004018266 IN THE BRAZORIA COUNTY CLERK'S OFFICE (GENERALLY LOCATED ON THE NORTH SIDE OF JOHN LIZER ROAD, AND EAST OF PEARLAND PARKWAY) (APPLICATION NO. 1189) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CLARINDA ROBERTSON, APPLICANT FOR VIVIEN NAEVE, 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. �. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-740 — 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 OF LAND, SITUATED IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF FITE ROAD AND COUNTY ROAD 89 (OLD CHOCOLATE BAYOU ROAD)) (APPLICATION NO. 1191) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT (PUD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MICHAEL POLLOK, APPLICANT FOR FITE INTERESTS, LTD., 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. Page 9 of 23 —10/25/2004 E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-741 — 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 1.25 ACRES OF LAND, TRACT 9A2C, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 6222 TERRELL DRIVE) (APPLICATION NO. 1192) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF FATIMA E. AND PEDRO S. HERNANDEZ, 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. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1185 — 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 ROAD AND 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. R2004-179 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A UTILITY AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF TRAVIS ESTATES. Mr. Doug Kneupper, City Engineer. Councilmember Tetens asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Marcott asked that Consent Agenda Item G and H be removed from the Consent Agenda for further discussion. Page 10 of 23 — 10/25/2004 Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Viktorin, to adopt Consent Agenda Items A through H with the exception of items C, G, and H, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved to New Business Item No. 7. COUNCIL ACTION — RESOLUTION NO. R2004-180 — 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 LNR CLEAR CREEK SPECTRUM LIMITED PARTNERSHIP FOR DEVELOPMENT OF A BUSINESS PARK. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-180. City Manager Bill Eisen stated Council has had an opportunity to hold a work session on this item. The agreement with LNR specifies the terms and conditions under which the City would proceed with the extension of Kirby Drive from its existing location just south of Clear Creek to the Beltway 8. It also specifies the terms and conditions LNR Clear Creek Spectrum Partnership would participate in the extension and portions of Spectrum Drive. Councilmember Marcott stated that paragraph 6.2, Item C of the agreement states that if certain dates are not met, then the agreement could be cancelled. He is concerned about this portion of the agreement because condemnation may take place, which may require additional time in order to purchase land. He would like something inserted into the agreement that states if delay does take place due to condemnation, then the agreement would still be in order. The City is expending money on this project and he does not want it to get half way completed and then cancelled. LNR Representative, stated it is understood that there are certain things that will take place and come up that will make delays. LNR would be more than happy to put language into the agreement that would satisfy Council. However, an outside date beyond the expected delay period should be given in order to keep the project moving forward. Page 11 of 23 — 10/25/2004 City Manager Bill Eisen stated it would be the City's intent to move as quickly as possible, and if indications are given that terms will not be met, then filing the necessary condemnation proceedings gives the option of negotiation. One variable that the City has no control over is after condemnation proceedings are filed, then it is necessary for the District Judge to appoint three special commissioners to determine the land value. The timeframe in which the commissioners meet is not determined or controlled by the City. Mr. Contrell stated there are certain portions of the Kirby extension that they do have control over up to a certain point. Scheduling will be determined in regards to developing and the delivery of product. Because of the interest of the citizens regarding the benefits of the Kirby extension, he is comfortable with the added language regarding the delay proceedings. City Manager Bill Eisen stated the version of the agreement in front of Council needs some change in wordage regarding City's responsibilities of the detention facility. This can be clarified when the change regarding the delay is made. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid, with concurrence of Council, moved back to Consent Item C. MATTERS REMOVED FROM CONSENT AGENDA Councilmember Tetens asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-739 — 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 18.325 ACRE TRACT OF LAND IN THE T. D. YOAKUM SURVEY, ABSTRACT 399, AND THE A.C.H. & B. SURVEY, ABSTRACT 147, BRAZORIA COUNTY, TEXAS, SAID TRACT BEING DESCRIBED IN A DEED RECORDED IN CLERK'S FILE NO. 2004018266 IN THE BRAZORIA COUNTY CLERK'S OFFICE (GENERALLY LOCATED ON THE NORTH SIDE OF JOHN LIZER ROAD, AND EAST OF PEARLAND PARKWAY) (APPLICATION NO. 1189) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CLARINDA Page 12 of 23 — 10/25/2004 ROBERTSON, APPLICANT FOR VIVIEN NAEVE, 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. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to put on the table Consent Agenda Item C for discussion. Councilmember Tetens stated he pulled the item because of the initial discussions that took place during the first reading of the Ordinance. He does not object to the events center. He thinks the chosen location is a good place, but he does object to General Business zoning. He would approve it as a Planned Unit Development document with some restrictions regarding the General Business zoning. Mayor Pro -Tem Viktorin stated it is interesting that this is the current situation. He think the subdivision in that area is a great subdivision, but he does not know if they understand that it took a developer to come before Council for an approval. The current subdivision in this area is one located within the higher density of the City. Meaning, there are more homes per acre in the subdivision, than what is normally approved within a residential plan. A lot of people spoke on the issue and stated they did not want a higher density subdivision built in the area. The point is that Council has to rely somewhat on trust and faith that what is approved is actually going to be built. Every zone change that comes before Council has a possibility of the plans not taking place. He wanted to point this out to everyone. Councilmember Marcott stated he was one of the people sitting out in the audience that spoke against the development of the Rivermist Subdivision because of the Weatherford Plant across the street. He was concerned about the noise that is made 24 hours a day. Councilmember Cole asked for clarification regarding the terminology General Business and if the events center could be developed under a stricter zoning. City Attorney Darrin Coker stated he does not know what matrix category the Planning & Zoning Department has placed the events center under. Executive Director of Community Services Nick Finan stated it was compared to a recreation center. City Attorney Darrin Coker stated if it is classified as a recreation center, then it is allowed under Neighborhood Services zoning. Page 13 of 23 —10/25/2004 Councilmember Cole stated he brought this out to bring an understanding to everyone that there are different zoning categories that would allow businesses to go into a particular area. City Attorney Darrin Coker stated Council could go to a more restrictive zoning classification without going through the Public Hearing process. Mayor Reid stated that the applicant would need to be involved with this change in zoning. Councilmember Owens stated he has no problem with what the applicant is currently proposing. He asked if this would change the existing General Business zoning that is already zoned on either side of Pearland Parkway. He stated eventually there would be additional traffic in the area anyway because of the Oiler Drive extension and John Lizer expansion into four lanes. The events center will not be the only thing coming up for this particular area. He is concerned about the process Council is taking regarding the zoning aspects of property. He stated if the applicant is in agreement with the more restrictive zoning, then he is in agreement as well. Mayor Reid stated this would still allow the applicant to accomplish her goals in regards to the events center. Councilmember Tetens stated in the rezoning of land, any uses that fall up under that zoning is allowed on that property. This is why he feels it needs to be more restrictive. Discussion ensued among Council and Staff regarding speaking with the applicant prior to making a decision on the zoning. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Cole, to table Ordinance No. 509-739 on its second and final reading. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a recess at 9:20 p.m. Mayor Reid called the meeting back to order at 9:30 p.m. Councilmember Marcott asked that Consent Agenda Item G be removed from the Consent Agenda for further discussion. Page 14 of 23 — 10/25/2004 r-- G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-179 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A UTILITY AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 34. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Consent Agenda Item G, as presented on the Consent Agenda. City Manager Bill Eisen stated this item relates to Municipal Utility District No. 34. The approval of the capital creation of Municipal Utility District No. 34 had a termination date within it if certain things were not accomplished. Giving the timing of when the approval was granted, there was not time to meet the requirement regarding the termination date because of the process to get approval at the state level. Council is being asked to approve Municipal Utility District No. 34 again with the stipulation removed. Councilmember Marcott stated he has a concern regarding the forty years. He stated in the past Municipal Utility Districts have pushed back the dates, which caused the residents of the Municipal Utility Districts to pay more over an extended time. City Manager Bill Eisen stated Council would have the ability to dissolve the Municipal Utility District. Discussion ensued among Council and Staff regarding the timeframe of forty years. Lynn Humphries with Alan Boone Humphries stated she is the attorney for Municipal Utility District No. 34. This is actually the utility agreement that has the forty- year term. She stated if the Municipal Utility District does annex additional property in the future, the same time period applies and no additional time is added. Discussion ensued among Council, Staff, and Ms. Humphries regarding bond debt and the forty -year term. Ms. Humphries stated the utility agreement only allows for forty -years. There is nothing in the agreement that allows an extension. The Municipal Utility District would have to come before Council in order to request or receive an extension. Councilmember Marcott asked for clarification on which Municipal Utility District, in the past, was allowed to extend the time period originally requested. City Manager Bill Eisen stated it was Municipal Utility District No. 6 that recently did this. In this particular case, it was an outer -city Municipal Utility District and the original terms could have possibly been different. This took place due to the different bond issuances. Page 15 of 23 —10/25/2004 Additional discussion ensued among Council and Staff regarding Municipal Utility District No. 34. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, and Cole. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. Councilmember Marcott asked that Consent Agenda Item H be removed from the Consent Agenda for further discussion. H. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF TRAVIS ESTATES. Mr. Doug Kneupper, City Engineer. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Consent Agenda Item H, as presented on the Consent Agenda. Councilmember Marcott stated he has concerns regarding the drainage of the Pine Hollow subdivision. When the developer approached Council with this item, he stated that the drainage would improve. He does not see anything within the document that states the drainage improvements happened. City Engineer Doug Kneupper stated in a report that was prepared by Engineering after the past event, the report identified approximately thirty-five acres that is undeveloped and contributed to drainage concerns for the Pine Hollow subdivision. This proposed development takes away ten acres out of the thirty-five acres of undeveloped land. The detention for Travis Estates would lead to a detention pond out into the Mary's Creek bypass and help some of the drainage issues for this area. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2004-177 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH SHADYCREST INFLOW AND INFILTRATION IMPROVEMENT PROJECT (PHASE II). Mr. Bill Eisen, City Manager. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Tetens, to Page 16 of 23 — 10/25/2004 approve Resolution No. R2004-177. City Manager Bill Eisen stated this is a continuation of the work in regards to the Wastewater Treatment Plant service area. This would allow repairs on some infiltration problems within the area. The low bidder for the work is PM Construction. This company has done previous work in the City and it was satisfactory. Mr. Eisen introduced Danny Cameron as the new Water & Sewer Line Superintendent Danny Cameron who was promoted shortly after the retirement of Cecil Bowery. Councilmember Cole asked if the City has a good feel that the estimate bid amount is a good bid. City Manager Bill Eisen stated it is interesting to see how close some of the bids were in amounts. Public Works Superintendent Jerry Burns stated this company has been here before. They are currently in the City working. Water & Sewer Line Superintendent Danny Cameron stated this company has a current contract with the City of Houston. The contract with Houston is currently on hold and they have a few crews around not working at the moment. They want to utilize that crew to work in Pearland. This is partially the reason for the low bid. The second reason is because they currently have people working within Pearland. Mayor Reid left the Council Chamber at 9:50 p.m. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-176 — 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 PROPERTY ACQUISITION SERVICES, INC. FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE MAGNOLIA EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-176. City Manager Bill Eisen stated this item relates to right-of-way acquisition services along the Magnolia and SouthFork area. The company performing the services has worked Page 17 of 23 — 10/25/2004 with the City in the past. The amount of the contract is $7375. Mayor Reid returned to the Council Chamber at 9:51 p.m. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-175 — 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 FREESE AND NICHOLS, INC. FOR ENGINEERING DESIGN SERVICES ASOCIATED WITH THE CONNECTION OF ALICE ROAD AND THE FUTURE MCHARD ROAD. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-175. City Manager Bill Eisen stated this item is regarding the construction of an additional street between the existing Alice Street and the future McHard Road. This would enable traffic to move better in the area. This item would allow a contract for engineering design services to design this project. The proposed firm is Freese and Nichols, Inc. Councilmember Marcott stated he thinks this is a health, safety, and welfare issue at the highest degree. However, he is really concerned about the estimated construction costs for the project. His concerns are regarding the $60,000 for the engineering budget. Project Director Joe Wertz stated this amount was budgeted to ensure there is an adequate amount if there is a need for any geotechnical information. He is not sure that with the current numbers coming in, this amount would even be reached. Councilmember Marcott stated he would be looking at this project closely if it passes because he is really concerned about the engineering costs being such a large portion of the project. He thinks the amount is too much. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. Page 18 of 23 — 10/25/2004 1 COUNCIL ACTION — RESOLUTION NO. R2004-174 — 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 CARTER AND BURGESS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE ANALYSIS OF THE WALNUT LIFT STATION SERVICE AREA. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2004-174. City Manager Bill Eisen stated this item is for the work that will take place on a number of sewer projects. Project Director Joe Wertz stated for this particular area there is a little more than $2,000,000 of planned work between now and 2020. This project before Council would allow the City to take a future look at those projects that would be ongoing for ten to fifteen years. Councilmember Marcott asked for clarification regarding the delivery of plans, specifications, and estimates. Project Director Joe Wertz stated the 60 -day delivery of plans, specifications, and estimates after construction is not correct. He will have the wording amended. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-173 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 3 WITH FREESE AND NICHOLS, INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD SANITARY SEWER PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Viktorin, to approve Resolution No. R2004-173. City Manager Bill Eisen stated this also is an engineering services agreement. It is a modification to an existing agreement for sanitary sewer system improvements along Dixie Farm Road Project. It is an increase of funding for that project due to some changes in the scope of work. There is an increase in the size of a large lift station Page 19 of 23 — 10/25/2004 associated with the project, including some improvements. Project Director Joe Wertz stated there was a workshop session with Council and discussion took place about this item. Councilmember Marcott asked about Forest Lane and the discharges that have been turned into the Texas Commission on Environmental Quality. Project Director Joe Wertz stated the City attempted to work with the owner. Forest Lane is almost perfectly in line with another lift station. If the lift station is taken down then a line would run down Forest Lane. He stated the owner had no problem with the City running a new line, but did not want it placed down Forest Lane because he had commercial plans for his tract of land. Negotiations ended up breaking down and now there may be some renewed interest by the State. Councilmember Marcott stated residents of Willow Lake have complained about sewage in the ditches and drainage problems. Project Director Joe Wertz stated the City has located a manhole downstream of Forest Lane. An adjustment could be made in order to get to the lift station. A brief discussion ensued among Council and Staff regarding the sewage problem. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 532-4 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD PREVENTION ORDINANCE, FOR THE PURPOSE OF UPDATING ARTICLE 5, SECTION B; BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVID- ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY, AS THE PROVISION OF NATIONAL FLOOD INSURANCE BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF PEARLAND CITIZENS. Mr. Doug Kneupper, City Engineer. Mayor Pro -Tem Viktorin made the motion, seconded by Councilmember Cole, to approve Ordinance No. 532-4 on its First and Only Reading. City Manager Bill Eisen stated Harris County Flood Control just completed a process of establishing what will be new flood hazard areas in Harris County. Some portions of the Page 20 of 23 — 10/25/2004 City of Pearland are in Harris County and are effected by this process. This item would allow consistency for any development that take place in the City within Harris County to include the new data regarding the 100 year flood plain. This would provide maximum protection for any new development that occurs and development that is already established in that area. Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2004-178 — 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 THIRD COAST TERMINALS ("TCT") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY TCT AT A RATE OF SEVENTY-FIVE PERCENT (75%) FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2005, AND ENDING DECEMBER 31, 2006, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2008 AND AT A RATE OF TWENTY FIVE PERCENT (25%) FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1182, WHICH ESTABLISHED REINVESTMENT ZONE #11, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2003-121. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2004-178. City Manager Bill Eisen stated during the last Council Meeting, Council held a Public Hearing regarding tax abatement. This is a formal agreement that would provide that tax abatement to Third Coast Terminals. It includes standard provisions. The provisions of the agreement are for an abatement for a five year time period. The first two years at 75%, 50% for the following two years, and 25% for the remaining time period. Voting "Aye" Councilmembers Tetens, Owens, Viktorin, Marcott, and Cole. Voting "No" None. Page 21 of 23 —10/25/2004 Motion Passed 5 to 0. Mayor Reid called a recess at 10:08 p.m. Mayor Reid called the meeting back to order at 10:41 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:42 p.m. to discuss the following: NEW BUSINESS (CONTINUED): EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY - REGARDING ASSOCIATE MUNICIPAL COURT JUDGES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT-OF-WAY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:10 p.m. COUNCIL ACTION — REGARDING ASSOCIATE MUNICIPAL COURT JUDGES. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH RIGHT-OF-WAY. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 11:11 p.m. Minutes approved as submitted and/or corrected this the 8t" day of November , A.D., 2004. Page 22 of 23 — 10/25/2004 Tom Reid Mayor ATTEST: Page 23 of 23 —10/25/2004 THIS PAGE LEFT INTENTIONALLY BLANK