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2005-12-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 12, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 10:10 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Executive Director of Economic Development Corporation Fred Welch. Due to two Regular Council Meetings for December 12, 2005, the Invocation was given during the 7:00 p.m. meeting. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None CITY MANAGER'S REPORT: None CITIZENS: None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-807 — 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 20.3420 ACRES MORE OR LESS, BEING LOT 25 AND LOT 26, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, AS RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS Page 1 of 6 — 12/12/2005 7:30 P.M. (GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, AND WEST OF OLD CHOCOLATE BAYOU ROAD/CULLEN BOULEVARD) (ZONE CHANGE APPLICATION NO. 1247) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF MIKE POLLOK, 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. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-808 — 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 79.1925 ACRES OF LAND, BEING PART OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 32, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 525, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 100 AND WEST OF PEARLAND SITES ROAD) (ZONE CHANGE APPLICATION NO. 1248) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF C. DAVIS WILSON, APPLICANT FOR TEXAS HERITAGE VILLAGE, 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-809 — 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 0.062 ACRES OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 83, ABSTRACT 305, MORE PARTICULARLY BEING A PORTION OF THAT CERTAIN CALLED 50.980 ACRE TRACT DESCRIBED AS NORTH ONE- HALF OF DAVIS TRACT IN "AGREED FINAL JUDGMENT IN PARTITION" OF RECORD UNDER FILE NO. 02-060920, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS AND FILE NO. 2002136052, OFFICIAL PUBLIC RECORDS OF FORT BEND COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND FORT BEND COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF SPINNAKER BAY DRIVE, AND EAST OF BISCAYNE SPRINGS LANE) (SPECIFIC USE PERMIT APPLICATION NO. Page 2 of 6 —12/12/2005 7:30 P.M. 156) FOR A SPECIFIC USE PERMIT FOR TELEPHONE EXCHANGE SWITCHING RELAY AND TRANSMITTING EQUIPMENT, IN THE PLANNED UNIT DEVELOPMENT DISTRICT — SHADOW CREEK RANCH PLANNED UNIT DEVELOPMENT (PUD(S)) AT THE REQUEST OF JAMES P. DEY, APPLICANT FOR SBC, 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. 1237 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR ADOPTION OF A UNIFIED DEVELOPMENT CODE AND THE FUTURE UPDATE OF THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1236 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE FOR A PROPOSED HEALTHCARE FACILITY. Mr. Nick Finan, Assistant City Manager. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1235 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF PROHIBITING THE USE OF MOTOR ASSISTED SCOOTERS AND MINIMOTORBIKES WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Mayor Reid asked that Consent Agenda Item B and Item E be removed from the Consent Agenda for further discussion. City Attorney Darrin Coker reminded Council that Item B, Ordinance No. 509-808, was voted down and Item E, Ordinance No. 1237, was tabled at the previous regular meeting this evening. Councilmember Marcott asked that Consent Agenda Item A be removed from the Consent Agenda for further discussion. Page 3 of 6 —12/12/2005 7:30 P.M. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Cole, to adopt Consent Agenda Items A through F with the exception of item A, item B and item E, 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 Marcott, Consent Agenda item A was removed for further discussion. A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-807 — 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 20.3420 ACRES MORE OR LESS, BEING LOT 25 AND LOT 26, ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS, SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, AS RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, AND WEST OF OLD CHOCOLATE BAYOU ROAD/CULLEN BOULEVARD) (ZONE CHANGE APPLICATION NO. 1247) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF MIKE POLLOK, 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. 509-807 on its second and final reading. Councilmember Marcott stated he stood by his earlier comments that the Planned Unit Development is not detailed enough for approval. Voting "Aye" Councilmembers Tetens, Owens, Cole, and Saboe. Voting "No" Marcott. Page 4 of 6 — 12/12/2005 7:30 P.M. Motion Passed 4 to 1. NEW BUSINESS: OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:16 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. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:56 p.m. 1. CONSIDERATION AND POSSIBLE ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council 2. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. No action taken by Council ADJOURNMENT Meeting was adjourned at 11:57 p.m. Page 5 of 6 —12/12/2005 7:30 P.M. Minutes approved as submitted and/or corrected this the 23rd day of January, 2006. Tom Reid Mayor ATTEST: Ing •�r •Secre Page 6 of 6 —12/12/2005 7:30 P.M.