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2006-02-13 CITY COUNCIL MEETING AGENDA AMENDED AGENDA ADDED EXECUTIVE SESSION ITEM NO.1 AND NEW BUSINESS ITEM NO. 20 AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 13, 2006, 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 1. Presentation to the Pearland Animal Control Department from Gary Cook with Shadow Creek Ranch to bring a mobile surgical van to provide for the spaying and neutering of animals within the City of Pearland. 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 - APPROVAL OF MINUTES: 1. Minutes of the November 28, 2005, Regular Council Meeting held at 7:30 p.m. 2. Minutes of the January 9, 2006, Regular Council Meeting held at 7:30 p.m. Page 1 of 12- 2/13/2006 3. Minutes of the January 16, 2006, Joint Public Hearing (Unified development Code) held at 6:00 p.m. 4. Minutes of the January 16, 2006, Joint Public Hearing (Zoning Map) held at 6:00 p.m. 5. Minutes of the January 16, 2006, Joint Public Hearings held at 6:30 p.m. 6. Minutes of the January 23, 2006, Regular Council Meeting held at 7:30 p.m. 7. Minutes of the January 30, 2006, Special Council Meeting held at 7:00 p.m. 8. Minutes of the February 6, 2006, Special Council Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF-43. Mr. Doug Kneupper, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF-44. Mr. Doug Kneupper, City Engineer. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1241 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT FOR THE CONSTRUCTION OF ROAD 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 PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City A ttome y. E. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1242 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A WATER AND SEWER EASEMENT FOR THE Page 2 of 12- 2/13/2006 CONSTRUCTION OF ROAD 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 PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE NEWLY ACQUIRED E-SLATE VOTING SYSTEM FOR CITY ELECTIONS. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 13, 2006. Mr. Darrin Coker, City Attorney. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-18-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF WHARTON FOR COOPERATION IN THE PURCHASE OF WATER METERS. Mr. Darrin Coker, City Attorney. t. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1243 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR REIMBURSEMENT OF JURORS FOR THE MUNICIPAL COURT OF RECORD OF THE CITY OF PEARLAND, TEXAS. Ms. Pat Riffel, Municipal Court Administrator. IX. MATTERS REMOVED FROM CONSENT AGENDA Page 3 of 12- 2/13/2006 x. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-811 - 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 2.00 ACRES OF LAND, BEING LOTS 3 AND 4, BLOCK 2, OF SKYWAY MANOR, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PIPER ROAD, AND SOUTH OF FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 2006-08S) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT, WITH A SPECIFIC USE PERMIT FOR A CHURCH AND CHURCH FACILITIES (R-1(S)), AT THE REQUEST OF K. A. ABRAHAM, APPLICANT FOR VO VI FRIENDSHIP ASSOCIATION, 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. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-812 - 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 2.21 ACRE TRACT OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BEING OUT OF THAT CALLED 173.49 ACRE TRACT CONVEYED TO LINGO SOUTHGATE, LTD., A TEXAS LIMITED PARTNERSHIP, BY SPECIAL WARRANTY DEED WITH VENDOR'S LEIN UNDER CLERK'S FILE NUMBER 01- 053025, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND FURTHER BEING OUT OF THE ALLlSON- RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTHEAST CORNER OF COUNTY ROAD 59 AND Page 4 of 12- 2/13/2006 KIRBY DRIVE) (ZONE CHANGE APPLICATION NO. 2006- 04Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF KYLE DUCKETT OF GEOSURV, LLC, APPLICANT FOR TRACY GOZA OF LINGO SOUTHGATE, LTD., 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. 3. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-813 - 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 0.718 ACRE TRACT OF LAND, BEING OUT OF LOTS 17 AND 19, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 6, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 544, AS RECORDED IN VOLUME 136, PAGE 500, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FUTURE MCHARD ROAD, AND WEST OF HATFIELD ROAD) (ZONE CHANGE APPLICATION NO. 2006- 05Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB), AT THE REQUEST OF PACIANO RANGEL, 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. 4. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-814 - 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 0.92 ACRE TRACT OF LAND LOCATED IN THE H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 509, Page 5 of 12- 2/13/2006 CAS CON ACRES, LOTS 1 AND 2, BLOCK 1, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND ON THE NORTH SIDE OF WILLOW STREET) (ZONE CHANGE APPLICATION NO. 2006-03Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF FRANK CHAVEZ, 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. 5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-815 - 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.C HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF LIBERTY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-01Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF JAY JAVADI, APPLICANT FOR DONYA, 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. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-816 - 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 Page 6 of 12- 2/13/2006 THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 4.651 ACRES OF LAND, BEING OUT OF LOTS 3 AND 4, SECTION 2, A.C. H. & B. RR SURVEY, ABSTRACT 507, L. W. MURDOCK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS, BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (MAIN STREET), AND ON THE SOUTH SIDE OF MAGNOLIA STREET) (ZONE CHANGE APPLICATION NO. 2006-02Z) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M- 2) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF CLAYTON DYKES, 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. 7. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-817 - 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 9.5409 ACRE TRACT OF LAND LOCATED IN THE H. 1. & B.RR COMPANY SURVEY, ABSTRACT 542, TRACT 43, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET), AND NORTH OF HALIK ROAD) (ZONE CHANGE APPLICATION NO. 2006-075) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT, WITH A SPECIFIC USE PERMIT FOR STORAGE AND MINI-WAREHOUSE (C(S)), AT THE REQUEST OF MORRIE SHEETS OF U STOR, APPLICANT FOR PALlVELA P. RAJU, SUCCESSOR TRUSTEE OF THE SIKANDER HAYAT DURRANI TRUST AND THE OMAR HAYAT DURRANI TRUST, 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. Page 7 of 12- 2/13/2006 8. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-818 - 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 453 ACRES, MORE OR LESS, OF LAND LOCATED IN THE H.T. & B.RR COMPANY SURVEY, SECTION 84 (RB. LYLE) ABSTRACT 538, BRAZORIA COUNTY, TEXAS, AND ABSTRACT 767, FORT BEND COUNTY TEXAS, AND THE A. B. LANGERMANN SURVEY, ABSTRACT 555, FORT BEND COUNTY, TEXAS, MORE PARTICULARLY BEING ALL OF THAT CERTAIN CALLED 2.121 ACRE TRACT CONVEYED TO THE CITY OF PEARLAND, TEXAS, BY INSTRUMENT OF RECORD UNDER FILE NO. 2005008365, OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (B.C.O.R), ALL OF THE RESIDUE OF THAT CERTAIN CALLED 160.048 ACRE TRACT CONVEYED TO PEARLAND INVESTMENT LIMITED PARTNERSHIP BY INSTRUMENT OF RECORD UNDER FILE NO. 03-044886 AND FILE NO. 2004059020, B.C. O. R, ALL OF THAT CERTAIN CALLED 80.01 ACRE TRACT CONVEYED TO RUSSELL T. RUDY AND RANDALL D. RUDY BY INSTRUMENT OF RECORD UNDER FILE NO. 97-009257, B.C.O.R AND FILE NO. 97-08685, OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS (F.B.C.O.R), ALL OF THAT CERTAIN CALLED 80 ACRE TRACT CONVEYED TO HARLOW ROYALTIES, INC., BY AN INSTRUMENT OF RECORD UNDER FILE NO. 95-039382, B.C.O.R AND FILE NO. 95-70977, F.B.C.O.R AND ALL OF THAT CERTAIN CALLED 132.5682 ACRE TRACT CONVEYED TO PEARLAND 132 DEVELOPMENT, LIMITED PARTNERSHIP BY AN INSTRUMENT OF RECORD UNDER FILE NO. 2004148674, OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS (F.B.C.O.P.R); CITY OF PEARLAND, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE EAST SIDE OF FM 521) (ZONE CHANGE APPLICATION NO. 2006-06Z) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AND LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R GILBERT & ASSOCIATES, INC., APPLICANT FOR PEARLAND INVESTMENTS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY Page 8 of 12- 2/13/2006 CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. 9. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000T - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS THEREAFTER); ADOPTING A UNIFIED DEVELOPMENT CODE; PROVIDING GENERAL PROVISIONS, ZONING REGULATIONS, SUBDIVISION REGULATIONS, SITE DEVELOPMENT REGULATIONS AND DEFINITIONS; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 1 o. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 2000M - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE AND ZONING MAP OF THE CITY (ORDINANCE NO. 509 AND ANY AMENDMENTS THEREAFTER); ADOPTING A ZONING MAP; PROVIDING A PENALTY FOR VIOLATION, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-26 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 13, 2006, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND , TEXAS, CERTAIN PROPOSED CHARTER AMENDMENTS' , ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS AND SPECIAL ELECTION. Mr. Oarrin Coker, City Attorney Page 9 of 12- 2/13/2006 12. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 12 ASSOCIATED WITH THE YOST ROAD PROJECT. Mr. Bill Eisen, City Manager. 13. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1244 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF 9545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION - RESOULTION NO R2006-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH PROVINCE VILLAGE, LLP. Mr. Bill Eisen, City Manager. 15. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 543-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32, TAXICABS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF UPDATING INSURANCE REQUIREMENTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. 16. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A UTILITY RELOCATION AGREEMENT WITH EQUISTAR FOR THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Bill Eisen, City Manager. Page 10 of 12- 2/13/2006 17. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTERS 5 AND 6 OF THE CITY OF PEARLAND EMPLOYEE HANDBOOK. Mr. Bill Eisen, City Manager. 18. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2006-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING A DEED FOR CERTAIN REAL PROPERTY. Mr. Darrin Coker, City Attorney. 19. CONSIDERATION AND POSSIBLE ACTION - FIRST READING ORDINANCE NO. 509-819 - 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 169.03 ACRES OF LAND OUT OF A CALLED 154.0026 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 91-000518 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, AND ALL OF A CALLED 2.30 ACRE TRACT DESCRIBED IN DEED TO PEYTON MARTIN, TRUSTEE, RECORDED UNDER FILE NUMBER 02-041088, LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, SECTION 81, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF COUNTY ROAD 566, AND ALSO WEST OF STATE HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 1249) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SO) AND GENERAL BUSINESS (GB) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF VERNON G. HENRY & ASSOCIATES, INC., APPLICANT FOR CBL & ASSOCIATES PROPERTIES, INC., 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. Page 11 of 12- 2/13/2006 OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): 20. CONSIDERATION AND POSSIBLE ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Y ounQ LorfinQ at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 12 of 12- 2/13/2006