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2011-10-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 10, 2011, AT 7:30 P.M., IN THE PUBLIC SAFETY BUILDING, 2555 CULLEN PARKWAY, SECOND FLOOR TRAINING ROOM NUMBER ONE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:40 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Ed Thompson Councilmember Woody Owens Councilmember Susan Sherrouse Councilmember Felicia Harris City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Scott Sherman. Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Mike Hodge Assistant City Manager; Narciso Lira Director of Community Development; Claire Bogard Finance Director; Teresa Battenfield Assistant Project Director. The invocation was given by Mayor Pro -Tem Thompson and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid Reported September 27, he attended the Rotary Club Dinner for Pearland Independent School District Superintendent Dr. John Kelly; September 28, attended the Mayor's Conference at the Greater Houston Partnership with Economic Development Corporation President Matt Buchanan; September 29, attended the Knapp Senior Center Open House and the "Tap the Keg" Event at King's Biergarten Grand Opening; September 30, attended the Burlington Coat Factory Ribbon Cutting with Councilmember Owens and Councilmember Sherman and delivered dictionaries to Carlston Elementary second grade students; October 1, attended the Houston Institute of Transportation Engineers Annual Meeting; October 2, October 3, attended the Agenda Meeting, Council Workshop and Special Meeting; October 4, was a speaker at to three classes of Magnolia Elementary School second grade students; October 6, attended the United Way Book Drop at the Pearland Neighborhood Center with the City of Pearland United Way Committee Members and the Houston Community Bank Business After Hours Chamber Event; October 7, attended the Keep Pearland Beautiful Plant Thyme Fall Luncheon as a celebrity waiter and the Cafe Del Rio Business After Page 1 of 13 — 10/10/2011 Hours Pearland Chamber of Commerce Event; October 8, attended the Troop No. 464 r -- Eagle Scout Court of Honor and the West Lea Annual Home Owners Association Meeting; October 10, attended the C. R. 59 Meeting with City Staff. Mayor Reid asked that candidates in the December 3, 2011 Special Election and other elections to stand and introduce themselves. Councilmember Harris stated she is running for Congress in Congressional District No. 14, which is currently held by Congressman Ron Paul who is retiring. Mayor Pro -Tem Thompson stated he is running for State Representative in Texas House District 29. Kevin Cole stated he is running for City Council Position No. 5. Greg Hill stated he is running for City Council Position No. 5. Fort Bend County Commissioner Richard Morrison stated he is running for Fort Bend County Commissioner Precinct No. 1. Mayor Reid and Councilmember Sherrouse presented a proclamation proclaiming October 9 — 15, 2011, as "Fire Prevention Week" to Fire Chief Vance Riley and Fire Marshal Roland Garcia. Mayor Reid and Mayor Pro -Tem Thompson presented a proclamation proclaiming October 18, 2011, as "Armed Services Blood Program Day" to Charles McMurry. COUNCIL ACTIVITY REPORTS Councilmember Owens stated he attended the Burlington Coat Factory Ribbon Cutting and a CEO Round Table Event. He also attended the National Night Out which was a great event and was a celebrity waiter at the Keep Pearland Beautiful Plant Thyme Fall Luncheon Event. Councilmember Sherman was absent. Mayor Pro -Tem Thompson stated he had an opportunity to step in for the Mayor and host a group of people who were here to tour the City. It was refreshing to hear people who come into the City make positive comments about what they see. He also attended a meeting in regards to C.R. 59 to discuss expansion and concerns. Page 2 of 13 — 10/10/2011 Councilmember Harris stated she attended several of the events that have been highlighted. She also attended a CEO Roundtable that was hosted by the North Brazoria County Education Alliance where a former President Ronald Reagan Aid spoke and the Brazoria County Economic Alliance Meeting. The County is doing better than many others; however, work is needed to continue moving forward. Councilmember Sherrouse stated she attended the Burlington Coat Factory Ribbon Cutting and the National Night Out Events. She also attended the Texas American Planning Association APA Conference in Austin, Texas. The City received recognition for Planning Excellence and was the only city in the Houston area to receive that award. She was named the Planning Commissioner of the Year and she is very proud. CITY MANAGER'S REPORT City Manager Bill Eisen reported stated a meeting was held to discuss potential ways for the City of Pearland, the City of Manvel, and Brazoria County could work together to make improvements to C.R. 59. Based on the conversations, Brazoria County will be developing a formal presentation for Council in a Workshop. The City is a member of the Texas Municipal League and their annual conference will be in Houston, Texas which will allow more City representatives to attend. CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 29, 2011, Special Meeting held at 6:00 p.m. 2. Minutes of the August 29, 2011, Public Hearing held at 6:30 p.m. 3. Minutes of the September 7, 2011, Public Hearing held at 6:30 p.m. 4. Minutes of the September 26, 2011, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1455 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE TO CERTAIN PROPERTY, BEING A 1.162 ACRE PARCEL OF LAND, LOCATED IN THE DERRIL H. M. HUNTER SURVEY, ABSTRACT NO. 36 AND THE TOMAS J. GREEN SURVEY, ABSTRACT 290 OF HARRIS COUNTY, TEXAS, BEING A PORTION OF LOT 1 OF SECTION G OF THE ALLISON-RIVHEY Page 3 of 13 — 10/10/2011 GULF COAST HOME COMPANY PART OF SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, MAP RECORDS OF HARRIS COUNTY, FOR THE CONSTRUCTION OF ROAD, DRAINAGE 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 SAID PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE MAYOR PRO -TEM ED THOMPSON'S ABSENCE FROM THE SEPTEMBER 26, 2011, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 82011-124 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Ms. Claire Bogard, Director of Finance. Councilmember Harris asked that Consent Agenda Item A be removed from the Consent Agenda for further discussion. City Attorney Darrin Coker stated the motion with the specific language required for Ordinance No. 1455 was made on its first reading and is not required on its second reading. Councilmember Owens made the motion, seconded by Councilmember Harris, to adopt Consent Agenda Items A through D with the exception of item A, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Harris Consent Agenda Item A was removed for further discussion. Page 4 of 13 — 10/10/2011 Item letter A Councilmember Owens made the motion, seconded by Councilmember Harris, to approve Consent Item A. Councilmember Harris stated she asked that Item A be pulled because in the minutes of the August 29, 2011, Special Meeting on page three of three shows that Councilmember Owens voted both "Aye" and "No" and this is not correct. City Secretary Young Lorfing stated, to determine the correct vote, the notes will be reviewed and the minutes for that meeting will be presented on a future agenda for approval. Councilmember Harris stated she believes she made comments regarding Resolution No. R2011-99 and if she did. she would like them included in the minutes. Councilmember Owens made the motion, seconded by Councilmember Harris, to amend his previous motion to approve Consent Item A with the exception of the minutes for the August 29, 2011, Special Council Meeting. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. NEW BUSINESS: Mayor Reid, with the concurrence of Council, moved to New Business Item No. 5, Ordinance No. 1456. Page 5 of 13 — 10/10/2011 FIRST READING OF ORDINANCE NO. 1456 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION OF FORT BEND COUNTY ASSISTANCE DISTRICT NO. 5 AND PROVIDING AN AGREEMENT FOR THE DURATION, RATE, AND ALLOCATION OF SALES AND USE TAX; MAKING FINDINGS AND CONTAINING PROVISIONS RELATING TO THE FOREGOING SUBJECT, Mr. Bill Eisen, City Manager. Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1456 on its first reading. City Manager Bill Eisen stated this item was the topic of the Workshop held previously this evening. Based on that discussion, there were concerns raised regarding future agreements between the City and the County Assistance District. The Council has three options with the first being to not take any action, the second being to proceed with approval of the item, and the third being to proceed with approval of the first reading and indicate that Council will review the agreement prior to the second reading, and the third the not take action until the agreement can be reviewed. Councilmember Harris stated the additional information that she requested is a copy of the draft proposed agreement would govern how the district is managed or the governing body and the terms regarding the development of the road. This information would help clarify what Council is voting on. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. Mayor Reid, with the concurrence of Council, moved back to New Business No. 1, Ordinance No. 2000M-82. FIRST READING OF ORDINANCE NO. 2000M-82 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING ALL OF THAT CERTAIN 19.995 ACRE TRACT SITUATED IN THE MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION, BEING A PLAT OF PART OF LOT 12 AND ALL OF LOTS 13, 14, 15, AND 16 OF THE DOOLEY PARTITION, AS DEFINED IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, CAUSE NO. 86647 AND BEING OUT OF THE JAMES HAMILTON SURVEY, ABSTRACT NO. 881, HARRIS COUNTY, TEXAS, AND RECORDED AS FILM CODE NO. 600053, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. LOCATED AT THE APPROXIMATE SOUTHEAST CORNER OF SH288 AND S. SAM HOUSTON PKWY/BELTWAY 8, Page 6 of 13 — 10/10/2011 PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO. 2011-09Z), A REQUEST OF ED R. WEATHERALL, APPLICANT, ON BEHALF OF REC TIME, INC, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL COMMERCIAL (GC) ZONE AND GENERAL BUSINESS (GB) ZONE, TO GENERAL COMMERCIAL (GC) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Harris made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-82 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. 2011-09Z. City Manager Bill Eisen stated this item and the next item are both related. This item is a request for a rezoning of a property from General Commercial to General Business and the following item is a conditional use permit. Both items are related to the expansion of an existing Recreational Vehicle Park. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. FIRST READING OF ORDINANCE NO. 2000CUP-54 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING ALL OF THAT CERTAIN 19.995 ACRE TRACT SITUATED IN THE MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION, BEING A PLAT OF PART OF LOT 12 AND ALL OF LOTS 13, 14, 15, AND 16 OF THE DOOLEY PARTITION, AS DEFINED IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS, CAUSE NO. 86647 AND BEING OUT OF THE JAMES HAMILTON SURVEY, ABSTRACT NO. 881, HARRIS COUNTY, TEXAS, AND RECORDED AS FILM CODE NO. 600053, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS LOCATED AT 2850 S. SAM HOUSTON PKWY, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-11), TO ALLOW THE OPERATION OF A TRAVEL TRAILER/RV PARK/CAMPGROUND (LONG AND SHORT TERM), IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE REQUEST OF ED R. WEATHERALL, APPLICANT AND REC TIME RV, INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Page 7 of 13 — 10/10/2011 Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000CUP-54 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2011- 11. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. FIRST READING OF ORDINANCE NO. 2000CUP-55 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOT TWENTY- FIVE (25), LOT TWENTY-SIX (26), LOT TWENTY-SEVEN (27), LOT TWENTY-EIGHT (28), LOT TWENTY-NINE (29), LOT THIRTY (30), AND LOT THIRTY-ONE (31), BLOCK ONE (1), OF PEARLAND TOWNSITE, AN ADDITION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 41, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS LOCATED AT 2246 N. WASHINGTON, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-10), TO ALLOW THE OPERATION OF AN INSTITUTION OF RELIGIOUS, EDUCATIONAL, OR PHILANTHROPIC NATURE (ADULT READING CENTER), IN THE OLD TOWNSITE RESIDENTIAL (OTR) DISTRICT AT THE REQUEST OF MRS. DALE E. PILLOW, APPLICANT AND ADULT READING CENTER, INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Harris, to approve Ordinance No. 2000CUP-55 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Conditional Use Permit Application No. CUP2011- 10. City Manager Bill Eisen stated this item is a conditional use permit related to the Adult Reading Center located on Washington Street. The request would bring the zoning of the property into conformity of the City's zoning ordinance and allow a planned expansion to take place. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, and Owens. Page 8 of 13 — 10/10/2011 Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. FIRST READING OF ORDINANCE NO. 2000-T-13 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Mike Hodge, Assistant City Manager. Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000-T-13 on its first reading. City Manager Bill Eisen stated this item has been the topic of several Workshops and is a series of updates to the existing Unified Development Code. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. COUNCIL ACTION — RESOLUTION NO. R2011-127 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED AND RESTATED EMERGENCY WATER SUPPLY CONTRACT. Mr. Darrin Coker, City Attorney. Councilmember Harris made the motion, seconded by Councilmember Owens, to approve Resolution No. R2011-127. City Attorney Darrin Coker stated the City is part of this agreement by default. The City annexed Municipal Utility District No. 1, and by doing that it inherited the agreements that existed with other Municipal Utility Districts. The Texas Commission on Environmental Quality requires the district to have this agreement as an emergency backup water supply. There were several changes made to the agreement because the City is now a party to it. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. Page 9 of 13 — 10/10/2011 COUNCIL ACTION — RESOLUTION NO. R2011-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO RENEW A SOFTWARE MAINTENANCE CONTRACT WITH SUNGARD HTE/OSSI AND APPROVING A MAINTENANCE COST SCHEDULE. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Harris, to approve Resolution No. R2011-123. City Manager Bill Eisen stated this item is the City's annual software maintenance agreement which includes the financial software and the police department software. The proposed agreement is with Sungard HTE/OSSI in the amount of $221,192.54. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. COUNCIL ACTION — RESOLUTION NO. R2011-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT FOR WATER FITTINGS AND RELATED PARTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Thompson, to approve Resolution No. R2011-122. City Manager Bill Eisen stated this item is the award of a bid for various parts used in the City's wastewater system. The estimated cost is based on the projected use and the actual cost may vary. Councilmember Owens asked for clarification in how the items would be purchased. Purchasing Officer Bob Pearce stated the items would be ordered as needed. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. Page 10 of 13 — 10/10/2011 Mayor Reid, with the concurrence of Council, moved to New Business Item No. 10, Resolution No. R2011-128. COUNCIL ACTION — RESOLUTION NO. R2011-128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, COMBINING THE ENGINEERING AND INSPECTION SERVICES DEPARTMENTS INTO A SINGLE DEPARTMENT CALLED THE COMMUNITY DEVELOPMENT DEPARTMENT. Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Sherrouse, to approve Resolution No. R2011-128. City Manager Bill Eisen stated this item and the following item is a formal action to combine the Engineering Department and the Inspection Services Department into one department called the Community Development Department. The following item will create the new job titles and approve the associated pay plan. Voting "Aye" Councilmembers Sherrouse, Harris, Thompson, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman absent. FIRST READING OF ORDINANCE NO. 1453-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1453, THE 2011-2012 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Thompson made the motion, seconded by Councilmember Owens, to approve Ordinance No. 1453-1 on its first reading. Councilmember Harris stated it was discussed that the combining of these two departments would have a positive impact on the budget and asked for clarification on whether the departments would be combined into a single section of the budget. City Manager Bill Eisen stated the budget would remain in the same format because the departments remain different divisions within the Community Development Department. Director of Finance Claire Bogard stated the budget for this department will be set up in a similar manner as the Parks and Recreation Department. Page 11 of 13 — 10/10/2011 Discussion ensued between Council, City Attorney Darrin Coker, and Director of Finance Claire Bogard regarding the Ordinance. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. Mayor Reid recessed the Regular Meeting at 8:48 p.m. Mayor Reid called the Regular Meeting back to order at 9:26 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:28 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:51 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. City Attorney Darrin Coker stated he recommends a motion to authorize the City Attorney to proceed with the acquisition of real property as discussed in Executive Session. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. Mayor Reid adjourned at 9:52. Page 12 of 13 — 10/10/2011 Mayor Reid called the meeting back to order at 9:53 p.m. City Attorney Darrin Coker stated the meeting has been called back to order because he recommended a motion and there was a second; however, there was no formal motion made by Council. Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to authorize the City Attorney to proceed with the acquisition of real property as discussed in Executive Session. Voting "Aye" Councilmembers Owens, Thompson, Harris, and Sherrouse. Voting "No" None. Motion Passed 4 to 0, with Councilmember Sherman Absent. ADJOURNMENT Meeting was adjourned at 9:54 p.m. Minutes approved as submitted and/or corrected this the 24`" day of October, A.D., 2011. Tom Reid Mayor ATTEST: eYo st Cit el-orfi Page 13 of 13 — 10/10/2011