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2009-12-14 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 14, 2009, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:51 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Felicia Kyle Councilmember Scott Sherman Councilmember Steve Saboe Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker Deputy City Secretary Sonia Webb Absent: Councilmember Woody Owens. Others in attendance: Jon Branson Assistant City Manager; Fire Chief Jack Colbath; J.C. Doyle Police Chief; Mike Hodge Assistant City Manager; Narciso Lira City Engineer. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-67 — 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 APPROXIMATELY A 142.9664 ACRES OF LAND OUT OF PEARLAND TOWN CENTER, A SUBDIVISION OF 143.6500 ACRES AS RECORDED UNDER FILE NUMBER 2007008914 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, LOCATED AT THE PEARLAND TOWN CENTER, GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY, BETWEEN KIRBY DRIVE AND BUSINESS CENTER DRIVE, (ZONE CHANGE APPLICATION NO. 2009-13Z), FOR AN AMENDMENT TO ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, FOR APPROVAL OF A CHANGE IN ZONING DISTRICT FROM CLASSIFICATION Page 1 of 4 — 12/14/2009 — 7:30 p.m. PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD FOR PEARLAND TOWN CENTER TO ADD OFF-SITE SIGNAGE AND DESIGN GUIDELINES, AT THE REQUEST OF CBL AND ASSOCIATES, INC., 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. Mike Hodge, Assistant City Manager. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-70 — 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 APPROXIMATELY A 15 ACRE TRACT OF LAND OUT OF THE DISSEN CALLED 136.995 ACRE TRACT, RECORDED IN VOLUME 505, PAGE 86, OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY, TEXAS, AND A 26.9158 ACRE TRACT OF LAND IN THE THOMAS J. GREEN SURVEY, ABSTRACT 165, BRAZORIA COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN 136.955 ACRE TRACT CONVEYED FROM JENNIE J. SETTLEGAST, ET AL, TO W.J. DISSEN BY INSTRUMENT RECORDED IN VOLUME 505, PAGE 86, OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS, AND 5.7375 ACRES OF LAND BEING SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS, AND BEING OUT OF 468.92 ACRE TRACT BEING MORE FULLY DESCRIBED IN VOLUME 1676, PAGE 362 OF THE DEEDS OF RECORDS OF HARRIS COUNTY, TEXAS SAID 1.3366 ACRES IN HARRIS COUNTY TEXAS, AND GENERALLY LOCATED ON THE EAST SIDE OF PEARLAND PARKWAY, NORTH OF BROADWAY, WEST OF COUNTRY CLUB DRIVE, (ZONE CHANGE APPLICATION NO. 2009-11Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE EXISTING PD FOR PROVINCE VILLAGE PLANNED DEVELOPMENT DISTRICT (PD), LJA ENGINEERING & SURVEYING, INC., APPLICANT FOR TEXPROJ 2008 LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY Page 2 of 4 — 12/14/2009 — 7:30 p.m. CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through B as presented on the Consent Agenda. Voting "Aye" Councilmembers Sherman, Kyle, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. NEW BUSINESS: OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:54 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR. Mr. Bill Eisen, City Manager. 2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:35 p.m. COUNCIL ACTION — REGARDING THE ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR. City Council. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. Page 3 of 4 — 12/14/2009 — 7:30 p.m. ADJOURNMENT Meeting was adjourned at 9:35 p.m. Minutes approved as submitted and/or corrected this the 11th day of January, A.D., 2010. ATTEST: Tom Reid Mayor OV0,04 is" fA � 50� Page 4 of 4 — 12/14/2009 — 7:30 p.m.