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2005-10-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 10, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order at 7:50 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Councilmember Richard Tetens. Tom Reid Kevin Cole Woody Owens Larry Marcott Position No. 3 Vacant Bill Eisen Darrin Coker Young Lorfing Resigned: Councilmember Charles Viktorin. Others in attendance: Executive Director of Community Services Nick Finan; Marketing Manager of P.E.D.C, Will Benson; City Engineer Doug Kneupper; Parks and Recreation Director Rhonda Cyrus; Fire Marshal Steve Chapman; Fire Marshal John Durham; Project Director Joe Wertz; Administrative Analyst Chris Kidwell and Senior Planner Theresa Grahmann. The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported that on September 13 he attended the Workshop on the Old Town Site Study; September 14-17 he attended the Texas Association of Regional Councils annual meeting in Dallas, Texas; September 19 he attended the Council Meeting and the Joint Public Hearing on Zone Changes with the Planning and Zoning Commission; September 20 he attended the Houston -Galveston Area Council's monthly Board of Directors Meeting; September 21-24 he operated out of the Emergency Operation Center during Hurricane Rita; September 29 he attended a Public Meeting on the Unified Development Code for developers; October 3 he attended the Special Meeting; October 5 he attended a meeting with developers on a new subdivision; October 6 he attended a meeting with County Judge John Willy, attended the Gulf Coast Water Authority Planning Committee, attended Judge Starkenburg's reception, and met with the Southeast Shrine Club; October 8 he attended the Meet the City event and cut the ribbon at the Kids Back Porch production of Winnie the Pooh; October 10 he attended the Development Authority Board of Directors Meeting. Page 1 of 20 — 10/10/2005 Mayor Reid stated he really appreciated the efforts from City Staff and the staff from Pearland Independent School District and Drainage District No. 4 during Hurricane Rita. Before the Hurricane, everyone met at the Pearland Ninth Grade Center on Bailey Road and stayed there the entire time. Mayor Reid asked for Fire Marshall Steve Chapman to tell the citizens about the first Community Emergency Response Team Course. Fire Marshal Steve Chapman stated Fire Marshal John Durham and Volunteer Fire Fighter Roger did all the work. Fire Marshal John Durham stated he is going to recognize a special group of citizens who volunteered their time for many weeks. Their weeks were forty plus hours of training and certain specialized skills to be able to help with the citizens and the aftermath of a disastrous event. Had we actually suffered the catastrophe we were looking at, he felt very certain the community would have been blessed from the expertise these individuals acquired. Renee Mills stepped up to the plate and was unanimously voted in as the Volunteer Coordinator for the team. Renee Mills thanked Mayor, Council, family and friends for recognizing the graduation of Pearland's first Community Emergency Response Team (CERT). The program offers training to people within communities to allow them to be better prepared to respond to emergency situations in their area. When emergencies happen, CERT members self activate to give critical support to first responders, provide immediate assistance to victims and organize spontaneous volunteers as the disaster goes on. Certain members can also help with non -emergency projects that help improve the safety of the City. CERT was first established in Los Angeles, California after a team was sent to investigate the Mexico City earthquake in September 1985. The quake killed more than ten thousand people and injured more than thirty thousand. Mexico City had no trained volunteers before this disaster, however large groups of volunteers organized themselves and performed light search and rescue operations. They were credited with more than 800 successful rescues, however, more than 100 of these untrained volunteers died during the fifteen -day rescue operation. The lessons learned in Mexico City strongly indicated that a plan was needed to train volunteers to help themselves and others. In 1993, the Federal Emergency Management Agency (FEMA) decided to make the concept and program available to communities nationwide. In his State of the Union Address, on January 29, 2002 President Bush asked Americans to volunteer to improve and safeguard our nation. To meet this challenge, the Citizens Core Program was created. In the CERT program, students learn about disaster preparedness, fire safety and suppression, how to maintain hygiene and sanitation, principles of triage, how to establish disaster medical treatment areas and operate within them, how to size up an incident and perform light search and rescue, safe techniques for lifting, leveraging, and removing victims, how to document activities using the incident command situation, how to provide emotional support to victims of disaster, and sadly, how to even identify when a terrorist attack has occurred. CERT volunteers are prepared for emergencies for up to seventy-two hours if necessary. Many communities Page 2 of 20 —10/10/2005 have benefited from these response teams. On June 10, 1999, the Olympic pipe line ruptured, releasing about 237 thousand gallons of gas into a creek that flows through Washington. The water plant was severely damaged. Two ten -year-olds and an eighteen year old lost their lives in that incident. It was the local CERT member who responded initially and received the American Red Cross Real Hero Award for his contributions. In Texas, the Pearland CERT experienced it's first test to what was learned during months of training. On August 31, 2005 the City of Pearland received a request for help from a Harris County Judge. Their job was to assist with any documentation and check in other evacuees from Louisiana, Alabama, and Mississippi, and to assist citizens from buses to the check-in locations in Houston. They responded to they call. On September 1, 2005 an Emergency Action Record was issued activating the Citizens Corp volunteer statewide for the first time in the Program's history. The plea was for CERT to assist with relief efforts of Hurricane Katrina and shelters around the state. Once again, the Pearland CERT responded. Later, on September 1, 2005 the Pearland Emergency Operation Center (EOC) was activated and John Durham sent an e-mail requesting the Pearland CERT to help answer phones and run messages at the EOC. Collectively, the Pearland CERT has volunteered over 120 hours in the City of Pearland and the City of Houston. Many of the Pearland CERT members are also amateur hand radio operators. These individuals assisted in the wake of Hurricane Katrina, when cellular and land telephones were not working. Her class would like to thank John Durham, the Deputy Fire Marshal for the City of Pearland for his vision in bringing the CERT program to Pearland. She asked that Mr. Durham come forward and accept a plaque that reads, "In appreciation, John Durham, for your vision in bringing CERT to Pearland, Class of 2005." She also thanked Fire Fighter Roger Ware for his leadership during this course. Roger unselfishly volunteered his time to instruct the class to its completion and coordinate the final disaster drill. She asked that Mr. Ware also come forward and accept a plaque that reads " In appreciation, Roger Ware, for your leadership and instruction. Class of 2005. Finally, she acknowledged Fire Marshal Steve Chapman and Deputy Fire Marshal Steve Norton for attending the final exercise on September 15, 2005. She hopes that the City of Pearland recognizes the importance of CERT and supports its future. Deputy Fire Marshal John Durham stated he would like to recognize the following individuals and graduates of Pearland's very first Community Emergency Response Team: Mr. John Allen, Ms. Patty Allen, Mr. Joshua Chavali, Mr. Colin Crawford, Mr. Dennis Gittens, Mr. Jerald Landis, Mr. Brett Mills, Coordinator, Ms. Renee Mills; Ms. Amanda Moore, Mr. Wayne Moore, Ms. Nena Moroi, Ms. Georgia Pemberton, Ms. Misty Pemberton, Mr. Rudy Perez, Ms. Michelle Sealy, Mr. Garland Sparks, Mr. Michael Thomas, Mr. Steve Trimble, Mr. Jimmy Turner, and Ms. Eunice Williams. Carol Artz stated she was requested to bring a video about the Fairgrounds Multipurpose Facility that is proposed on the bond for November 8, 2005. Two years ago, Judge Willy appointed thirty-one people across Brazoria County to serve on the Citizens Select Committee to review the fairgrounds and what all should be done. Over Page 3 of 20 —10/10/2005 the two-year course it has been decided that it will be a bond issue for November 8, 2005 for a Multiuse facility for Brazoria County, which is what the video will be showing. She stated it is hard to promote something that is not in her community but she does think that the fairgrounds we have now is not a good image for Brazoria County. Councilmember Larry Marcott stated the problem with the fairgrounds now is that they are old and there are World War II items still on the fairgrounds. The Citizens Select Committee met at the fairgrounds and it is a place you do not want to go. The County has been putting money in to help the fairgrounds get by. That money is the citizen's money and he thinks good money is going for bad reasons. It is not a place to invest money in. The infrastructure is old, the parking is terrible, and the facilities are not in good shape. We cannot support this kind of fairgrounds. We have to go after a multipurpose facility that we can have other activities in. The County is growing and needs a more useful facility. We have something that will be useful for a long time, be above the flood plain, have adequate parking, and will be an advantage to Brazoria County. Angleton, which is centrally located, is a proper place with access and visibility from Highway 288. Also, we need to be looking at things as a County instead of the North side vs. the south side. He stated he just finished his term as President of the Brazoria County Cities Association (BCCA), which is made up of all in Brazoria County cities. The fairgrounds was one idea that he pushed so that all the cities make up one body and not different sides such as north, south, east, or west. It is an issue that voters will have to decide on whether they want or not and if they vote no, we will continue to invest money into what is now being called fairgrounds. COUNCIL ACTIVITY REPORTS Councilmember Tetens was absent. Councilmember Viktorin stated recently the County Commissioner of the west side of Pearland has decided not to seek re-election. He stated because he feels strongly about the citizens of Brazoria County being properly represented at the County level, he has decided to run for Brazoria County Commissioner of Precinct No. 2. Unfortunately, the State law dictates he must immediately resign his current City Council position. He further thanked the City Staff, Commissioners, Mayor, Council and the citizens for their support and stated he has enjoyed serving all of them. Mayor Reid stated he would like to acknowledge Councilmember Viktorin's mother; she is a wonderful person and has campaigned for Councilmember Viktorin during his Council term. Councilmember Owens stated if Councilmember Viktorin were to become the County Commissioner it would be a great improvement; no offense meant to the current Commissioner. Page 4 of 20 —10/10/2005 Mayor Pro -Tem Cole stated it has been an interesting journey with Councilmember Viktorin. The two of them started together running against each other. He stated at that time, Councilmember Viktorin truly showed himself to be a gentleman during the race. It will be a loss to Pearland and a gain for Brazoria County once elected as County Commissioner. He requested the election be held the same day the Pearland School Board's election is held. It would allow for more citizens to get out and vote. Mayor Reid stated Councilmember Viktorin and he campaigned together in 2002 and 2005 and got to know one another very well, as well as his mother and others. He has been impressed with his ability to sift through facts and come up with positive answers. Councilmember Marcott stated he wishes Councilmember Viktorin well. His election will add something to Brazoria County Court that has not been present. There have been a lot of people on court that haven't been municipal people and they don't understand what happens at the local level since they are regional. If there were more locally experienced individuals working in Municipal Government, we as cities would do much better. When Councilmember Viktorin goes to Angleton, he hopes that he not forget the things he has learned at the City and apply them to his new position. CITY MANAGER'S REPORT City Manager Bill Eisen stated he has enjoyed working with Councilmember Viktorin for the past several years. Everyone has appreciated his ethical approach as a City Councilmember. He will miss working with him but hopes to get to work with him in a different capacity as County Commissioner. He would like to comment on the City's response to Hurricane Rita. He acknowledged the roles of several City staff members and their contributions making it a great success. He thanked the Parks and Recreation Department for their hard work in putting together the Meet the City Event on October 8, 2005. He asked that Jerry Bum's retirement be formally acknowledged at an upcoming Council Meeting. CITIZENS Linda Cowles, 3412 Shadycrest Drive addressed Council and stated she would like to speak in favor of our park fees and the dedication fees that are needed desperately. There is a need for parks to be more accessible to the people in order to raise exercise levels. By providing more park space in our community, Pearland would be helping to promote conservation of one of out most valuable resources, which is green space. It will also help promote ecotourism in Pearland. Currently there is not a lot of park area to enjoy. Parks are essential to our health and the well being of any community, and by providing more park space with these additional fees, Pearland would be able to promote recreation, exercise, help to reduce crime and will protect the environment. The park fee would be less than $17 a year. The fees that we currently have for parks are not enough to buy land in Pearland for more park space. Ms. Cowles asked that Mayor Page 5 of 20 — 10/10/2005 and Council please support the park fees for these reasons. Michael Klaus, 5016 Groveton addressed Council regarding the Corrigan Project and stated he has concerns that Council and Staff have made a decision to downgrade the protection on Corrigan and allow more water to enter the neighborhood. Second, he stated he finds it interesting that the City is four years into the Clear Creek Project, still waiting for the Core to do something, while at the same time, the City could have applied for grants. Last, he complimented the City of Pearland's Staff who took care of things during the evacuation. He stated he did not agree with the policy makers in the area. it should not take twelve hours to evacuate. There is going to be a big problem if something more serious does happen in this area. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: 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. 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 Page 6 of 20 —10/10/2005 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 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 (SD) 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; Page 7 of 20 —10/10/2005 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. 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. 1. 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 PREBLISKY AND PENNY WOODWARD TO SERVE ON THE LIBRARY BOARD FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2008. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole asked that Consent Agenda Item H be removed from the Consent Agenda for further discussion. Page 8 of 20 —10/10/2005 _b Councilmember Owens made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Items A through L with the exception of item H, as presented on the Consent Agenda. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Cole, Consent Agenda Item H was removed from the Consent Agenda for further discussion and consideration after Executive Session. NEW BUSINESS 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) (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. 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 Page 9 of 20 —10/10/2005 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. 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 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 (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF HIEP PRAM, 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. 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 Page 10 of 20 — 10/10/2005 STREET)) (ZONE CHANGE APPLICATION NO. 1239 & SPECIFIC USE PERMIT APPLICATION NO. 153) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) 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. 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 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. 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 ZYCHLINSKI 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 Page 11 of 20 —10/10/2005 CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. 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 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. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens to approve Ordinance No. 509-797, 509-798, 509-799, 509-800, 509-801, 509-802, and 509-805 on their first reading as recommended by the Planning and Zoning Commission. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for denial of Specific Use Permit Application No. 1240, Ordinance No. 509-797. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval Application Nos. 1242, 1245, 1239 and Specific Use Permit Application No. 153, Application Nos. 1241, 1243, and 1244. Councilmember Marcott stated there needs to be additional parking because, as of now, people are parking at the edge of the street located at Dixie Farm Road and SH 35. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent, approving Ordinance Nos. 509-798, 509-799, 509-800, 509-801, 509-802 and 509-805 on their first reading and Ordinance No. 509-797 failed and is not approved as recommended for denial by the Planning and Zoning Commission. Page 12 of 20 — 10/10/2005 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 "An 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. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole to approve Ordinance No. 509-806 on its first reading and eliminating outside storage. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use Permit Application No. 152. City Manager Bill Eisen stated one issue that still may be outstanding is a question with regards to the removal of some of the fencing in the area, which the applicant indicated they would be willing to do. They also would be removing outside storage. Executive Director of Community Services Nick Finan stated there is a small fence about 6 -foot tall outside the garden center. It was not known there was going to be outside storage. He stated he went by the location today and the fence has been taken down. Councilmember Marcott stated one of the problems with the outside storage area is when it is all filled up it is hard to get traffic in and out of the area. The area needs to stay open. Executive Director of Community Services Nick Finan stated the applicant indicated they would remove the fence along the edge of the garden center, eliminating the outside storage in this area. Page 13 of 20 — 1 0/1 012005 Executive Director of Community Services Nick Finan gave a brief presentation related to the subject. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent. City Manager Bill Eisen stated Council might want to consider Ordinance No. 1230, Resolution No. R2005-151 and Resolution No. R2005-150 together. They all relate to the disannexation of a piece of property located along SH 288. FIRST AND ONLY 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; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Darrin Coker, City Attorney. COUNCIL 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, LTD. Mr. Bill Eisen, City Manager. COUNCIL 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 1230 on its first and only reading as amended, Resolution No. R2005-151 and Resolution No. R2005-150. City Manager Bill Eisen stated Ordinance No. 1230 involves the disannexation of approximately a 10 -acre tract of land, which is located along SH 288 in the area where City utilities will not be available for some time. Resolution No. R2005-151 is the consideration for the City's agreement to disannex the tract of land; A Payment in Lieu of Taxes Agreement has been negotiated to offset the revenue lost to the City through the reduction in property taxes that would have otherwise been received. Due to the anticipated low cost of servicing the subject property, the first two Payments in Lieu of Taxes will be equal to one-fourth of the amount of taxes the City would have otherwise received. Following the initial two years, the Payment in Lieu of Taxes will be equal to one-half of the taxes the City would have otherwise received, and shall continue until Page 14 of 20 —10/10/2005 Municipal Utility District (MUD) No. 6 is annexed into the City. Resolution No. R2005- 150 gives consent to MUD No. 6 to annex the property. City Attorney Darrin Coker stated there has already been a Public Hearing about the disannexation Ordinance. It will go through two readings and pave the way for the Resolution consenting the annexation of the property into Municipal Utility District No. 6. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to amend the original action on Ordinance No. 1230 to approve it on a first and only reading. Voting "Aye" Councilmembers Owens and Cole. Voting "No" Councilmember Marcott. Motion Passed 2 to 1, with Councilmember Tetens absent. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent 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. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1231 on its first and only reading. City Manager Bill Eisen stated this item is an ordinance that would allow the City to initiate condemnation proceedings for a tract of land as required as a detention facility for the Dixie Farm Road Project. Councilmember Marcott stated parcel one is what we are acting on now but there is Page 15 of 20 — 10/10/2005 also reference to a second parcel. Also, part of what we are acquiring looks like it has a pipeline valve station in it. He asked if this would work for the detention. City Attorney Darrin Coker stated we could not acquire parcel two because we do not legally need it. We would like to acquire parcel two but because we can only apply for what we actually need, we are not able to do so. If the property owner would be willing to negotiate with us, we would be willing to acquire parcel two. As far as the pipeline valve, it is a part of a pipeline easement that we are not acquiring. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent Mayor Reid called a recess of the meeting at 9:25 p.m. Mayor Reid called the meeting back to order at 9:27 p.m. COUNCIL 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. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-152. Project Director Joe Wertz stated he confidently submitted a design proposal to Cobb Finley that was approved by Council. Cobb Finley came back to him stating it would call for a bridge and they do not have anyone to design a bridge. He quickly indicated to them that maybe he could find them another project. He stated Cobb Finley did not accept that because they wanted to design this current project. Mr. Wertz stated he took all the blame for not reviewing the proposal as well as he should have. When he saw that their percentage of construction was about ten percent, he did take the time to give Cobb Finley a call and ask if the percentage was accurate. For this type of job the construction percentage should be about twelve of thirteen percent. He stated this ended up being a good mistake if there is such a thing because Bridgefarmer and Associates gave better pricing than Cobb Finley for the design effort. Bridgefarmer stated in their proposal for the Magnolia Overpass, that they have three different ways of designing the overpass and two of them save the City money. It would involve moving the creek. The creek makes a very acute angle to the bridge and if we align the creek so that it make more of a ninety -degree angle it would save bridge structure. Page 16 of 20 — 10/10/2005 There is about $475,000 in savings potential by shortening the bridge. Councilmember Owens asked if the Cobb Finley contract would need to be amended Project Director Joe Wertz stated the scope of work will need to be revised but no prices should be amended for the Cobb Finley Contract. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent COUNCIL 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. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-154. City Manager Bill Eisen stated this is a replacement of the Magnolia water tank. What is being proposed this evening is a contract with Dunham Engineering for fees associated with the design of the tank as well as an additional fee for construction and inspection. Council will recall that the money for the design and construction for the new tank was included in the current year's operating budget. Councilmember Owens stated this item was just for the $20,000 Phase One construction and inspection. The total expenditure would be $208,000 including the construction. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent COUNCIL 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 Page 17 of 20 —10/10/2005 REHABILITATION OF THE ALICE STREET ELEVATED WATER TANK. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-155. City Manager Bill Eisen stated this involves the complete inspection, recommendation, design and the rehabilitation that needs to be done as well as any specifications for painting that has to be done. Councilmember Marcott asked if it would include the logo on it. City Manager Bill Eisen stated no it would most likely be stenciled on and wouldn't require any engineering. Councilmember Owens asked what the difference is in the amount that was budgeted and the total expenditure. Public Works Director Jerry Bums stated that the estimates in the past years have been really low compared to the actual prices that came in. There will be extra money that will be available but the original estimate was $300,000. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:43 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT 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. Page 18 of 20 —10/10/2005 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): Council returned from Executive Session at 11:15 p.m COUNCIL 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 REIMBURSEMENT AGREEMENT WITH SHADOW CREEK HILTON GARDEN INN, LLP. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-153. City Manager Bill Eisen stated this is an agreement with the developer of the proposed Hilton Garden Inn that will be located in Shadow Creek Ranch and will provide for a rebate of five percent of the seven percent that is levied in the City's hotel motel tax to the developer to compensate him for the construction of the facility that will be a part of that project. Councilmember Marcott stated he would like the agreement to state a minimum of eight thousand square feet. As of now, it only stated eight thousand square feet and not a minimum of eight thousand square feet. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council Page 19 of 20 — 10/10/2005 COUNCIL ACTION - REAPPOINTMENTS OF FELICIA KYLE, RANDY FERGUSON, GEORGE S BSARDDFORCY STEVENER TO SEE ON THE A 2 YEAR TERM EXPRIO NG ON NOVEMBER 1,2007. MI DEVELOPMENTENT O Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, for the 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. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens absent. COUNCIL ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. No action taken by Council. ADJOURNMENT Meeting adjourned at 11: 20 p.m. Minutes approved as submitted and/or corrected this the 2e day of November, 2005. s" Tom Reid Mayor ATTEST: Page 20 of 20 —10/10/2005