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2005-12-12 7:30 PM CITY COUNCIL MEETING AGENDA AMENDED AGENDA ADDED EXECUTIVE SESSION ITEM NO.2 AND NEW BUSINESS ITEM NO.2 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON DECEMBER 12, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: None VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. 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 Page 1 of 4 - 12/12/2005 7:30 P.M. 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 (SO) 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 Page 2 of 4 - 12/12/2005 7:30 P.M. 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. 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 HEAL THCARE FACILITY. Mr. Nick Finan Assistant City Manager. ' Page 3 of 4 -12/12/20057:30 P.M. 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. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 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): 1. CONSIDERATION AND POSSIBLE ACTION - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. 2. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY - CITY FACILITIES. Mr. Darrin Coker, City Attorney. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Younq Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 4 of 4 -12/12/20057:30 P.M.