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2008-05-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 12, 2008, 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 Tom Reid Mayor Pro -Tem Steve Saboe Councilmember Woody Owens Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Jack Colbath Director of Fire Services; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Manthei Finance Director; Fred Welch Executive Director of Economic Development Corporation; Johnny Spires Assistant Police Chief. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-51 — 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 1.00 ACRES OF LAND, OUT OF THE S.G. HAYNIE SURVEY, ABSTRACT 362, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ALMEDA SCHOOL ROAD, AND APPROXIMATELY 2,500 FEET NORTH OF SHADOW CREEK PARKWAY), (ZONE CHANGE APPLICATION NO. 2008- 09Z), FROM SPECTRUM DISTRICT (SPD) DISTRICT S5: THE LIGHT AND HEAVY INDUSTRIAL DISTRICT TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF ALAN MUELLER, APPLICANT FOR CLAUDIA BLAKEMORE, OWNER, 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. Nick Finan, Assistant City Manager. Page 1 of 4 — 5/12/2008 — 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-52 — 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 53.342 ACRES OF LAND, IN THE THOMAS J. GREEN SURVEY, ABSTRACT 198, AND BEING A PORTION OF THAT CERTAIN CALLED 118.755 ACRE TRACT OF LAND DESCRIBED AS TRACT 2 IN THE DEED RECORDED IN VOLUME 1421, PAGE 25, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF FM 518 (BROADWAY STREET) AND PEARLAND PARKWAY), (ZONE CHANGE APPLICATION NO. 2008-10Z), FROM GENERAL BUSINESS RETAIL DISTRICT (GB), SINGLE FAMILY RESIDENTIAL — 3 DISTRICT (R-3), AND SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, APPLICANT FOR BEEMAN STRONG, OWNER, 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. Nick Finan, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1351 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Oarrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1350 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF CERTAIN RIGHT-OF-WAY RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Page 2 of 4 — 5/12/2008 — 7:30 p.m. Councilmember Owens asked that Consent Agenda Item D be removed from the Consent Agenda because Ordinance No. 1350 was passed with no Council action taken at the 7:00 p.m. Regular Council Meeting. Councilmember Owens made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through D with the exception of item D, as presented on the Consent Agenda. Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None. Mayor Reid recessed this meeting at 10:12 p.m. to reconvene the Workshop. Mayor Reid called the meeting back to order at 11:53 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 11:53 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. Bill Eisen, City Manager. 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND LAND USE. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S ANNUAL GOALS. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:00 a.m. Page 3 of 4 — 5/12/2008 — 7:30 p.m. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND LAND USE. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE CITY MANAGER'S ANNUAL GOALS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 12:01 p.m. Minutes approved as submitted and/or corrected this the 9t' day of June, A.D., 2008. Tom Reid Mayor ATTEST: L.� Sectetary Page 4 of 4 — 5/12/2008 — 7:30 p.m.