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2006-02-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 27, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:00 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Kevin Cole Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott Councilmember Steve Saboe City Attorney Darrin Coker City Secretary Young Lorfing Absent: City Manager Bill Eisen. Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Acting Public Works Director Danny Cameron; EMS Director Jeff Sundseth; and Project Director Joe Wertz. 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 on February 14, he met with the Director of Rescue Flight Organization; February 15, he met with John Sedlak, Executive Vice President of Metro, regarding Park and Ride sites, attended the Chamber monthly luncheon, attended the Houston Port Alliance Board of Directors, and attended the Brazoria County City Association monthly meeting; February 16, He met with the Chamber Leadership Council and attended the Gulf Coast Water Authority Board of Directors; February 17, he spoke at the Cub Scout Troop No. 463 Blue and Gold Annual Banquet; February 18, Mayor Reid spoke at the Cub Pack No. 468 Blue and Gold Annual Banquet and attended the Scout Troop No. 464 Pancake and Auction event; February 20, he attended the Council Agenda Meeting with senior staff, met with Bill Lindemann, Chancellor D San Jacinto College, attended the Pearland District Education Improvement Committee and met for Council Workshop and Planning and Zoning Public Hearing; February 21, he attended the HGAC monthly Board of Directors meeting; February 22, Mayor Reid attended the Trees for Pearland Board meeting, joined Parks and Recreation Director Rhonda Cyrus for the Clear Creek Nature and Cultural Tourism meeting at South Shore Harbor Resort and Conference Center, met with Dr. Hugetz from the University of Houston, met with the Clear Creek Consortium Board of Directors; February 23, he attended Judge Bob Eckels State of Harris County and attended the Bay Area Transportation Partnership Board of Directors meeting; February 24, Mayor Reid attended the H -GAC Transportation Policy Council Board of Page 1 of 28 — 02/27/2006 Directors meeting; February 25, he spoke at the Cub Scout Pack No. 416 Annual Blue and Gold Awards Banquet and was a Key Note Speaker at the VFW Post 36th Anniversary Event. COUNCIL ACTIVITY REPORTS Councilmember Tetens passed on giving a report. Councilmember Owens reported that it is currently election season and it is very important for every citizen to get out and vote. Mayor Pro -Tem Cole reported that the Governmental Relations Committee is hosting a Candidates Forum at Rogers Middle School on FM 1128 at 7:00 p.m. He also reported he would like Council, Staff and the Chief of Police to discuss the salary and bonus structure for the police officers in Pearland. Councilmember Marcott stated he has supported everything the EMS has done. He feels that EMS Director Jeff Sundseth has been very professional and has gone beyond his required duties by locating grants to fund improvements for the safety of Pearland. Councilmember Saboe reported he toured several City Departments; he feels that the City Departments support the City and need to be recognized and appreciated. He also attended Career Day at a local elementary school and two Pearland Independent School Board sessions regarding future plans for Pearland High Schools. Mayor Reid asked that any person in the audience that had filed for any position to stand and state their name and the position they have filed for. Florida Dotson stated she is a candidate for the Pearland Independent School Board Helen Beckman stated she is a candidate for the City Council Position No. 2. Mayor Reid asked EMS Director Jeff Sundseth to report on a new machine obtained by the Pearland EMS. EMS Director Jeff Sundseth stated EMS has received a grant from the Department of State Health Services for the purchase of an Auto -Pulse Machine. The Auto -Pulse is a CPR machine that increases the circulation to the heart and brain to increase the chance of survival in any person experiencing cardiac arrest. CITY MANAGER'S REPORT Assistant City Manager Mike Hodge reported that he is sitting in for City Manager Bill Eisen, who is out of town, for the current meeting. Page 2 of 28 — 02/27/2006 CITIZENS Paul Cesak, 14602 Kellywood, addressed Council and stated he is present representing National Sign Plazas. He stated his organization worked with Assistant City Manager Nick Finan in developing the signage section of Ordinance 2000-T. The Ordinance is a good balance between the resident's and the builder's needs. He would like to see Council vote in favor of Ordinance 2000-T. Michael Klaus, 5016 Groveton, addressed Council and stated he would like to discuss Resolution R2006-32. He has attended four planning meetings and is still disappointed in the outcome of each meeting. The City of Pearland is only focusing on the day-to- day issues and not acknowledging any long-term uses of the City. Pearland is a linear layout and it would be a good idea to put a mass -transit system along FM 518. An agreement has not been reached with TxDot regarding a SH 35 Bypass. He feels the City of Pearland is focused on putting out fires and current issues only. Other local cities are focusing on long-term planning and sticking with the plan and Pearland needs to follow their lead. Kitty Anthony, 3307 Jacquelyn, addressed Council and stated she has an issue with the number of strip -centers that are being built. She is concerned that there are several vacant strip -centers. She would like to see an incentive to retailers that will promote the use of existing vacant buildings. Pearland needs to work on filling the existing buildings to protect the green areas and trees in the community. She would also like to ask when Barry Rose Road will be connected through and if the construction of the new San Jacinto College facility will speed the process. With the new San Jacinto College facility being built, what will happen to the existing Alvin Community College facility? Pearland is trying to maintain the Alvin Community College facility but will most likely lose a large amount of students to the new San Jacinto College facility. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the February 13, 2006, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF LAKES AT HIGHLAND GLEN SECTION 3. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-812 — 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 Page 3 of 28 — 02/27/2006 CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 2.21 ACRE TRACT OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BEING OUT OF THAT CALLED 173.49 ACRE TRACT CONVEYED TO LINGO SOUTHGATE, LTD., A TEXAS LIMITED PARTNERSHIP, BY SPECIAL WARRANTY DEED WITH VENDOR'S LEIN UNDER CLERK'S FILE NUMBER 01-053025, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND FURTHER BEING OUT OF THE ALLISON- RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTHEAST CORNER OF COUNTY ROAD 59 AND KIRBY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-04Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF KYLE DUCKETT OF GEOSURV, LLC, APPLICANT FOR TRACY GOZA OF LINGO SOUTHGATE, 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, Assistant City Manager. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-815 — 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.0 HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF LIBERTY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-01Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF JAY JAVADI, APPLICANT FOR DONYA, 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, Assistant City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-816 — 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 Page 4 of 28 — 02/27/2006 CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 4.651 ACRES OF LAND, BEING OUT OF LOTS 3 AND 4, SECTION 2, A.C. H. & B. R.R. SURVEY, ABSTRACT 507, L. W. MURDOCK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS, BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (MAIN STREET), AND ON THE SOUTH SIDE OF MAGNOLIA STREET) (ZONE CHANGE APPLICATION NO. 2006-02Z) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF CLAYTON DYKES, 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, Assistant City Manager. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-817 — 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 9.5409 ACRE TRACT OF LAND LOCATED IN THE H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 542, TRACT 43, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET), AND NORTH OF HALIK ROAD) (ZONE CHANGE APPLICATION NO. 2006-07S) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT, WITH A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE (C(S)), AT THE REQUEST OF MORRIE SHEETS OF U STOR, APPLICANT FOR PALIVELA P. RAJU, SUCCESSOR TRUSTEE OF THE SIKANDER HAYAT DURRANI TRUST AND THE OMAR HAYAT DURRANI TRUST, 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, Assistant City Manager. G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-818 — 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 453 ACRES, MORE OR LESS, OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 84 (R.B. LYLE) ABSTRACT 538, BRAZORIA COUNTY, TEXAS, AND ABSTRACT 767, FORT BEND COUNTY TEXAS, AND THE A. B. LANGERMANN SURVEY, ABSTRACT 555, FORT BEND COUNTY, Page 5 of 28 — 02/27/2006 TEXAS, MORE PARTICULARLY BEING ALL OF THAT CERTAIN CALLED 2.121 ACRE TRACT CONVEYED TO THE CITY OF PEARLAND, TEXAS, BY INSTRUMENT OF RECORD UNDER FILE NO. 2005008365, OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (B.C.O.R), ALL OF THE RESIDUE OF THAT CERTAIN CALLED 160.048 ACRE TRACT CONVEYED TO PEARLAND INVESTMENT LIMITED PARTNERSHIP BY INSTRUMENT OF RECORD UNDER FILE NO. 03-044886 AND FILE NO. 2004059020, B.C. O. R., ALL OF THAT CERTAIN CALLED 80.01 ACRE TRACT CONVEYED TO RUSSELL T. RUDY AND RANDALL D. RUDY BY INSTRUMENT OF RECORD UNDER FILE NO. 97-009257, B.C.O.R. AND FILE NO. 97-08685, OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS (F.B.C.O.R.), ALL OF THAT CERTAIN CALLED 80 ACRE TRACT CONVEYED TO HARLOW ROYALTIES, INC., BY AN INSTRUMENT OF RECORD UNDER FILE NO. 95-039382, B.C.O.R. AND FILE NO. 95-70977, F.B.C.O.R. AND ALL OF THAT CERTAIN CALLED 132.5682 ACRE TRACT CONVEYED TO PEARLAND 132 DEVELOPMENT, LIMITED PARTNERSHIP BY AN INSTRUMENT OF RECORD UNDER FILE NO. 2004148674, OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS (F.B.C.O.P.R.); CITY OF PEARLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE EAST SIDE OF FM 521) (ZONE CHANGE APPLICATION NO. 2006-06Z) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AND LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT & ASSOCIATES, INC., APPLICANT FOR PEARLAND INVESTMENTS, 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, Assistant City Manager. H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000T — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS THEREAFTER); ADOPTING A UNIFIED DEVELOPMENT CODE; PROVIDING GENERAL PROVISIONS, ZONING REGULATIONS, SUBDIVISION REGULATIONS, SITE DEVELOPMENT REGULATIONS AND DEFINITIONS; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE AND ZONING MAP OF THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS THEREAFTER); Page 6 of 28 — 02/27/2006 ADOPTING A ZONING MAP; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 543-4 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING INSURANCE REQUIREMENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. K. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-819 — 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 169.03 ACRES OF LAND OUT OF A CALLED 154.0026 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 91-000518 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, AND ALL OF A CALLED 2.30 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 02-041088, LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF COUNTY ROAD 566, AND ALSO WEST OF STATE HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 1249) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND GENERAL BUSINESS (GB) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF VERNON G. HENRY & ASSOCIATES, INC., APPLICANT FOR CBL & ASSOCIATES PROPERTIES, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2006 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. Page 7 of 28 — 02/27/2006 M. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1245 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. N. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1246 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. O. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1247 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. Page 8 of 28 — 02/27/2006 P. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1248 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. Q. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1249 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. R. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1250 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. Page 9 of 28 — 02/27/2006 S. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1252 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. T. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1253 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. U. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1254 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. Page 10 of 28 — 02/27/2006 V. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1255 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. W. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1256 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT 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. Assistant City Manager Nick Finan stated with the adoption of Consent Agenda Item H, Ordinance 2000T, there would be a grace period of 60 days, through May 1, 2006, that would allow applicants to use the regulations specified in the old Ordinance. Councilmember Saboe asked that Consent Agenda Item F be removed from the Consent Agenda for further discussion. Mayor Pro -Tem Cole asked that Consent Agenda Item L be removed from the Consent Agenda for further discussion. Councilmember Tetens asked that Consent Agenda Items D and K be removed from the Consent Agenda for further discussion. Councilmember Marcott asked that Consent Agenda Items E and J be removed from the Consent Agenda for further discussion. Page 11 of 28 — 02/27/2006 Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through W with the exception of item D, E, F, J, K, and L, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Tetens, Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-815 — 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.0 HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF LIBERTY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-01Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF JAY JAVADI, APPLICANT FOR DONYA, 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, Assistant City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-815. Councilmember Tetens stated he asked for this item to be removed because he does not support the Ordinance. Assistant City Manager Nick Finan stated the Ordinance is for a piece of property located at the intersection of Liberty Drive and FM 518. It is a shopping center that includes a portion of land that the City had previously owned and included in a trade with the property owner. The Ordinance received a favorable vote from the Planning and Zoning Commission and was approved on its first reading by Council. Page 12 of 28 — 02/27/2006 Councilmember Marcott stated he will also vote against the Ordinance. When the trade was made with the property owner, the agreement was that the land would be used for detention and now they are trying to change that and he is not in favor of the change. Voting "Aye" Councilmembers Cole and Saboe. Voting "No" Councilmembers Tetens, Owens, and Marcott. Motion Failed 2 to 3. As requested by Councilmember Marcott, Consent Agenda Item E was removed for further discussion. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-816 — 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 4.651 ACRES OF LAND, BEING OUT OF LOTS 3 AND 4, SECTION 2, A.C. H. & B. R.R. SURVEY, ABSTRACT 507, L. W. MURDOCK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS, BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (MAIN STREET), AND ON THE SOUTH SIDE OF MAGNOLIA STREET) (ZONE CHANGE APPLICATION NO. 2006-02Z) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF CLAYTON DYKES, 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, Assistant City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-816. Assistant City Manager Nick Finan stated the Ordinance is for a property zone change requested by Mr. Clayton Dykes and involves the building of the new Lions Club facility. The Ordinance received a non -favorable recommendation from the Planning and Zoning Commission and will require a three-quarter vote from Council. Councilmember Marcott stated he opposed this Ordinance before and will oppose it again. He does not agree with changing the zoning from heavy industrial to commercial. He does support the Lions Club but not the zone change. Voting "Aye" Councilmembers Saboe, Cole, Owens, and Tetens. Page 13 of 28 — 02/27/2006 Voting "No" Councilmember Marcott. Motion Passed 4 to 1. As requested by Councilmember Saboe, Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-817 — 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 9.5409 ACRE TRACT OF LAND LOCATED IN THE H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 542, TRACT 43, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET), AND NORTH OF HALIK ROAD) (ZONE CHANGE APPLICATION NO. 2006-07S) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT, WITH A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE (C(S)), AT THE REQUEST OF MORRIE SHEETS OF U STOR, APPLICANT FOR PALIVELA P. RAJU, SUCCESSOR TRUSTEE OF THE SIKANDER HAYAT DURRANI TRUST AND THE OMAR HAYAT DURRANI TRUST, 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, Assistant City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-817. Councilmember Saboe stated Council always discusses looking at property that has the potential for industrial development. Discussions have been held regarding the use of land that is currently planned for industrial use and property between SH 35 and the railroad tracks. He feels it is worth further discussion because the land is raw and could possibly be used for manufacturing companies or supply Pearland with a source for sales tax. He asked, with several existing storage facility companies in the general area, would the land be better suited for industrial uses. Applicant Morrie Sheets, 8100 East 22"d Street, addressed Council and stated the property is approximately 926 acres and they are developing a small window on the front of the property and have a development plan for a hotel or restaurant facility. His development firm builds a different product than typically produced. The facilities are all brick and resemble homes. They build this type of building to cater to their female clients that prefer nicer and more secure locations. The project will be upscale and allow 24-hour access and security services. Research has been done and he feels they will be providing Pearland with a storage facility that is unlike anything currently in the City. Page 14 of 28 — 02/27/2006 Councilmember Saboe stated he is struggling with the parcel location and the fact that it is raw land. He would like to know if there were other options or locations available to the developer for their product. Mr. Sheets stated he has studied the area and feels that the location is better suited for retail or commercial uses and not manufacturing. Mayor Pro -Tem Cole stated in the Future Land Use Plan, the zoning map is encouraging industrial traffic through the City. He has discussed this with residents and they are not in favor of this plan. He feels the City should keep the industrial facilities more along the out -lying areas of the City. He is also concerned with the fact that there are already several storage facilities in the area that will not be utilized with the new facility. Discussion ensued between Council and Mr. Sheets regarding the Ordinance. Voting "Aye" Councilmembers Tetens, Marcott, and Saboe. Voting "No" Councilmembers Owens and Cole. Motion Passed 3 to 2. As requested by Councilmember Marcott, Consent Agenda Item J was removed for further discussion. J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 543-4 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING INSURANCE REQUIREMENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 543-4. City Attorney Darrin Coker stated that the item is an amendment to the Taxi Cab Ordinance No. 543, amending the insurance requirements to operate in Pearland. Councilmember Marcott stated that he understands that the state requires $20,000 per person or accident and he feels that it is atrocious and insufficient. He understands that the insurance companies will not write policies with the required limits in the current Ordinance but he will not vote for the Ordinance. Voting "Aye" Councilmembers Saboe, Cole, Owens, and Tetens. Page 15 of 28 — 02/27/2006 Voting "No" Councilmember Marcott. Motion Passed 4 to 1. As requested by Councilmember Marcott, Consent Agenda Item K was removed for further discussion. K. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-819 — 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 169.03 ACRES OF LAND OUT OF A CALLED 154.0026 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 91-000518 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, AND ALL OF A CALLED 2.30 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 02-041088, LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF COUNTY ROAD 566, AND ALSO WEST OF STATE HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 1249) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND GENERAL BUSINESS (GB) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF VERNON G. HENRY & ASSOCIATES, INC., APPLICANT FOR CBL & ASSOCIATES PROPERTIES, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-819 as amended. Assistant City Manager Nick Finan stated that the Ordinance refers to the CBL Property which is located south of Broadway on the west side of SH 288. Council had several questions regarding the multi -family housing. The Ordinance was approved with the condition that multi -family be removed and those changes have been made. Councilmember Tetens stated he had the item pulled because he is not certain that it meets all Council's requirements. The plan refers back to the Planned Unit Development and he feels the Unified Development Code should be the controlling document. He would like to verify that the City is covered and the townhouse development factor will be developed to the standards in the Unified Development Code and not only the Planned Unit Development. Page 16 of 28 — 02/27/2006 Discussion ensued between Council, Assistant City Manager Nick Finan, and City Attorney Darrin Coker regarding the Ordinance. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to approve Ordinance No. 509-819 as amended to allow Staff to make changes to the Ordinance after adoption. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Councilmember Marcott stated he has concerns regarding the District Sub Area C for the event center location. Has the area been changed so that all of the proposed apartments buildings were omitted and what is the plan for the area if the event center is not built? Jeff Brewer, CBL & Associates, stated there is a cap on the number of apartments that can be located in the area. The event center location could be used for a large performing arts center or a large retail center or movie theater. There is not a design for the location at this point, but it is zoned for commercial use. Discussion ensued between Council, Assistant City Manager Nick Finan, and Jeff Brewer, CBL & Associates, regarding the development plan. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. As requested by Mayor Pro -Tem Cole, Consent Agenda Item L was removed for further discussion. L. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2006 ANNUAL PLANNING WORKSHOP. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-32. Page 17 of 28 — 02/27/2006 Mayor Pro -Tem Cole stated he had several reasons for pulling Consent Agenda Item L. First, he wanted to let residents know what Council goals had been set for the coming year. He agrees with Michael Klaus that when the goal planning workshops are held, it is more of an annual short-term planning workshop. He feels that there should be some type of long-term future planning sessions. Mayor Reid stated the City of Pearland is currently focusing on long-term goals. Mayor Pro -Tem Cole stated that he does agree that Pearland is focusing on a few long- term goals, but needs to maintain focus on the future and make sure Pearland keeps its long-term goals current and realistic. Councilmember Tetens stated he agrees with setting long-term goals and has made this known for several years. Councilmember Saboe stated he agrees with the long-term goal setting but he also feels Pearland is setting wonderful short-term goals. He does feel that Pearland needs some type of Vision Plan for long-term planning. Councilmember Marcott stated he feels that many long-term goals and visions are apparent to anyone attending Council meetings; for example, San Jacinto College coming into Pearland to provide higher education. He feels that Mayor Reid is unique and is doing his part to represent and better the City of Pearland. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE CITY COUNCIL MEETING MINUTES AS LISTED BELOW. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to remove from table City Council meeting minutes as listed below. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — APPROVAL OF MINUTES: Page 18 of 28 — 02/27/2006 1. Minutes of the November 28, 2005, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the January 9, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the January 16, 2006, Joint Public Hearing (Unified Development Code) held at 6:00 p.m. 4. Minutes of the January 16, 2006, Joint Public Hearing (Zoning Map) held at 6:00 p.m. 5. Minutes of the January 16, 2006, Joint Public Hearings held at 6:30 p.m. 6. Minutes of the January 23, 2006, Regular Council Meeting held at 7:30 p.m. 7. Minutes of the January 30, 2006, Special Council Meeting held at 7:00 p.m. 8. Minutes of the February 6, 2006, Special Council Meeting held at 6:00 p.m. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve City Council meeting minutes as listed. Councilmember Saboe stated he would like to thank the City Secretary's office for preparing the minutes again for review. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING AGREEMENT WITH THE PEARLAND AREA CHAMBER OF COMMERCE (MARKETING AND TOURISM MANAGEMENT). Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-34. Assistant City Manager Mike Hodge stated the Chamber is present at the meeting. The Resolution is to extend an existing contract that was previously approved. The contract amount budgeted for the previous year was $80,000 and the new amount requested and budgeted is $125,000. Carol Artz, President of the Chamber of Commerce, addressed Council and stated it was one year ago the Chamber began negotiating with the City to develop a Tourism and Marketing Foundation. The Chamber agreed to report to the Council quarterly and they have met this requirement. She is here to ask the Council to trust the Chamber with the Occupancy Tax Dollars Fund to continue with their progress. She would like to recognize several of the Chamber of Commerce Board Members that are present at the meeting: Gary Bucek, Tele Flow, Inc., is the Chair Elect and is the Chairmen of the Advisory for CBB; Sherrell Littrell, Benefits Connection; Jim Gill, West Pearland Page 19 of 28 — 02/27/2006 Presbyterian; Florida Dotson, Pathway Consulting Services, Drew Pelter, Shadow Creek Ranch; and Allan Mueller, LJA Engineering. Bryan Roller, Coordinator of the Pearland Convention and Visitors Bureau, addressed Council and presented the annual report for the Pearland Convention and Visitors Bureau highlighting the Mission Statement focuses and the City marketing strategy. Discussion ensued between Council, Mayor Reid and Bryan Roller, Coordinator of the Pearland Convention and Visitors Bureau regarding the proposed budget. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CORRIGAN DRAINAGE_ PROJECT (PHASE III). Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-29. Assistant City Manager Mike Hodge stated the Resolution is for Phase III of Corrigan Drainage Project and is an award of a construction contract to Reddico Construction Company for just under $4,000,000. Michael Klaus, 5016 Groveton, addressed Council and stated that on Phase II of the Corrigan Drainage Project there is some scouring taking place on the north side of the culverts. He reported the issue to City Manager Bill Eisen, who stated he would have someone look into the problem. It has not been taken care of and it is getting worse. He received an email as part of the Corrigan Project that is a forward from City Manager Bill Eisen that he is concerned about. The email contains a statement that states the funding for the project may be short $2,000,000 and all reports to date have stated everything is positive. Councilmember Marcott asked if flaggers in the bid were done as a lump sum with no future changes. Planning Director Joe Wertz stated that flaggers were done as a lump sum. Councilmember Marcott asked what the estimated timeframe for the project to be completed is. He would like to see a form included with contracts that includes an estimated timeframe for projects. Page 20 of 28 — 02/27/2006 Project Director Joe Wertz stated the project is estimated to take approximately six months. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-28 — 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 ESPA CORP, INC. FOR INSPECTION SERVICES ASSOCIATED WITH THE CORRIGAN DRAINAGE PROJECT (PHASE III). Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-28. Assistant City Manager Mike Hodge stated the contract is for construction services for the Corrigan Drainage Project. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR FENCE CONSTRUCTION SERVICES ASSOCIATED WITH THE BARRY ROSE PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-30. Assistant City Manager Mike Hodge stated the Resolution is for the award and construction of walls and fences along Barry Rose Road. The City only received one bid due to the type of fencing the City was requesting. Councilmember Tetens asked what the fence will look like. Project Director Joe Wertz stated that the fence is similar to the fence located on Rivermist and Scarsdale. Councilmember Marcott asked what the color of the fence would be. Page 21 of 28 — 02/27/2006 Project Director Joe Wertz stated he was not sure of the fence color. Mayor Pro -Tem Cole stated that he is alarmed when there is only one bidder on a project. With the presented contract, he feels the prices are in line with the average cost of a concrete fence. Discussion ensued between Council and Project Director Joe Wertz regarding the Resolution. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO R2006-27 — 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 G C ENGINEERING, INC. FOR DESIGN SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2006-27. Assistant City Manager Mike Hodge stated the Resolution is a contract for engineering design services for Orange Street improvements that will total $365,000. Councilmember Marcott stated that when the project was discussed the location was between Orange Street and Mykawa Road, but it was his understanding that it was also expanded to extend to O'Day Road and SH 35. Project Director Joe Wertz stated that the expansion was discussed but the budget limited the amount of expansion. Discussion ensued between Council, Project Director Joe Wertz, and Project Manager Cecil Bowery regarding the project. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-820 — 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 Page 22 of 28 — 02/27/2006 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 1.00 ACRE TRACT, TRACT 2A, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF TRANQUILITY LAKE BOULEVARD) (ZONE CHANGE APPLICATION NO. 2006-09Z) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT FOR JOSEPH B. BENES AND JEWEL H. BENES, 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, Assistant City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 509-820 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-09Z. Assistant City Manager Mike Hodge stated the applicant initially requested rezoning from Suburban Development District to Neighborhood Services District. The Planning and Zoning Commission tabled the item for further discussion with the Applicant. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING A COOPERATIVE EFFORT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR STORAGE/OFFICE SPACE NEAR THE GYMNASIUM AT THE PROPOSED BERRY MILLER JR HIGH SCHOOL. Ms. Rhonda Cyrus, Parks & Recreation Director. Councilmember Marcott made the motion, seconded by Councilmember Saboe, to approve the construction of storage/office space near the gymnasium at the proposed Berry Miller Jr. High School for Pearland Independent School District. Assistant City Manager Mike Hodge stated the project is similar to what the City has done with the School District before with East Junior High and Jamison Middle School to build in extra storage/office space. The design fee is $10,000 and the construction fee is $8,500. Councilmember Saboe asked why the estimate is so expensive. Page 23 of 28 — 02/27/2006 Assistant Nick Finan stated that estimate is expensive but it is just to get the discussion started with the architects and then negotiate the price down. Council's action would allow the project to start and that the price would not exceed the estimate. City Attorney Darrin Coker stated this is a minute order and Council will not be voting on any specific document. Discussion ensued between Council and Assistant City Manager Nick Finan regarding the Minute Order. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT FOR COOPERATION IN THE FUNDING OF THE COWARTS CREEK WATERSHED STUDY. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2006-31. Assistant City Manager Mike Hodge stated the Resolution is an interlocal agreement between the City of Pearland, Drainage District No. 4, the City of Friendswood, Galveston County Consolidated Trans District, and Brazoria County to perform a drainage study on Cowards Creek water shed. It was included as part of the Brazoria County Drainage Study and there were a number of issues in the water shed report. A grant application was submitted to the Texas Water Development Board and notification of approval was received on March 15, 2006. The grant will fund 50% of the study up to $175,000; the City of Pearland will be responsible for approximately $35,000. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1251 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO PARKING ZONE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON N. HATFIELD ROAD FROM HICKORY SLOUGH TO 2009 N. HATFIELD ROAD; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN Page 24 of 28 — 02/27/2006 EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH "NO PARKING" ZONES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Danny Cameron, Acting Public Works Director. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1251 on its first and only reading. Assistant City Manager Mike Hodge stated the construction of the expansion of the asphalt on Hatfield Road has been completed and a "no parking" zone needs to be established. Acting Public Work Director Danny Cameron stated the asphalt expansion was meant to widen the traffic lanes not to be a parking lot. Citizens are beginning to park in the expanded area. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE HEALTH FAIR FUN RUN SPONSORED BY THE ROTARY CLUB OF PEARLAND — PARADE ROUTE PERMIT. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve the Health Fair Fun Run Parade Route Permit. Assistant City Manager Mike Hodge stated the parade route is not included in the pre - approved parade routes and because of the nature of the activities, there will be partial road closings. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1257 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN SIXTY FOOT (60') RIGHT OF WAY RECORDED IN VOLUME 29, PAGE 43 OF THE DEED RECORDS IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 542, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY Page 25 of 28 — 02/27/2006 CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. FIRST READING OF ORDINANCE NO. 1258 — AN COUNCIL OF THE CITY OF PEARLAND, TEXAS, MANAGER OR HIS DESIGNEE TO EXECUTE AN ACCORDANCE WITH CHAPTER 272.001 OF THE LC CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE. Mr. Darrin Coker, City Attorney ORDINANCE OF THE CITY AUTHORIZING THE CITY EXCHANGE OF LAND IN CAL GOVERNMENT CODE; CLAUSE AND A REPEALER Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1257 and Ordinance No. 1258 on their first reading. City Attorney Darrin Coker stated a Public Hearing was held prior to the meeting regarding the abandonment of a 60 -foot right-of-way located at SH 35 near Alice Street. The first Ordinance abandons the right-of-way and allows the City to convey the land to the adjoining landowners without going through the bidding process. The second Ordinance allows a land swap between an adjoining landowner and the City of Pearland. The landowner will receive a portion of the abandonment and the City of Pearland will receive a portion of land the landowner currently owns. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS ("CORPS") GENERAL REEVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2006. Mr. Mike Hodge, Assistant City Manager. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-33 as amended. Assistant City Manager Mike Hodge stated, in the President's proposed budget for the CORP, they do not have anything budgeted to the Clear Creek Project. This is similar to the previous year when a request was made to the Congressional Party to include the amount. The amount included was $1.2 million and the request this year is $1.5 million. City Manager Bill Eisen spoke with Jeff Brennan, who asked that the Resolution be revised to request $2.0 million. Councilmember Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2006-33 as amended to include "up to $2.5 million". Page 26 of 28 — 02/27/2006 Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING THE ENFORCEMENT OF THE SIGN ORDINANCE CONCERNING SIGNS ERECTED SOLELY FOR AND RELATING TO A PUBLIC ELECTION. Mr. Nick Finan, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Marcott, to approve signs erected solely for a public election as amended Assistant City Manager Nick Finan stated there was a request to make sure that the polling places within the City be clearly identified. The City took action Friday, with the assistance of City Secretary Young Lorfing, to have a sign erected that show voters where to vote. Mayor Pro -Tem Cole stated it was Council's understanding that the request came in to allow a sign to be erected because residents did not know where to vote. Councilmember Marcott stated he had a discussion with City Secretary Young Lorfing and he wanted to know if a sign could be erected to show where early voting would be. He would not be opposed to placing one sign per candidate at each polling place. Mayor Reid stated that the Friendswood City Hall has signs in the front. Assistant City Manager Nick Finan stated the City just removed over 170 signs from the west side that were in the right-of-way. City Attorney Darrin Coker stated he would not be an advocate of allowing signs to be placed on City property. Discussion ensued between Council, Assistant City Manager Nick Finan, City Attorney Darrin Coker, and City Secretary Young Lorfing regarding sign regulation. Councilmember Saboe made the motion, seconded by Councilmember Marcott, to enforce the Sign Ordinance as amended to enforce the Sign Ordinance with no political Page 27 of 28 — 02/27/2006 signs allowed on City property. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Saboe. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 10:56 p.m. Minutes approved as submitted and/or corrected this the 13th day of March, A.D., 2006. Tom Reid Mayor ATTEST: Page 28 of 28 — 02/27/2006