2008-10-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, OCTOBER 13, 2008, AT 7:30 P.M., IN
THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF
PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:50 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Woody Owens
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Steve Saboe.
Others in attendance: Danny Cameron Public Works Director; Jack Colbath Director of
Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan
Assistant City Manager; Mike Hodge Assistant City Manager; Lata Krishnarao Planning
Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth
EMS Operations Director; Fred Welch Executive Director of Economic Development
Corporation; Teresa Battenfiled Assistant Project Director.
The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance
was led by Police Chief J.C. Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported September 27, he attended the Ribbon Cutting for the Democratic
and Republican Headquarters; September 29, attended the meeting at the Emergency
Operations Center and the Council Workshop and Special Meeting; September 30,
presented Football Coach Tony Heath with a ,100th Game" Proclamation; October 1 —
10, attended the Texas Association of Regional Councils Annual Meeting; Attended the
Ribbon Cutting for the Frost Bank West Pearland, the Agenda Meeting, and the Council
Workshop and Special Meeting; October 7, joined Congressman Nick Lampson at
National Night Out; October 8, attended the Adult Reading Center Board of Directors
Meeting, presented a Proclamation to Volleyball Coach John Turner for his "500th Win",
and Chaired the Pearland Area Citizens Corps Board of Directors Meeting; October 9,
attended the Frost Bank West Pearland Open House Event; October 10, attended the
Pearland Area Chamber of Commerce Business Before Breakfast Event and was a
Celebrity Waiter for the Keep Pearland Beautiful Annual Luncheon; October 13,
attended the MagTech Open House Event.
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Mayor Reid, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Public
Works Director Danny Cameron presented Lynn Baker, Administrative Clerk, Public
Works Department with the Employee of the Quarter Award.
COUNCIL ACTIVITY REPORTS
Councilmember Owens stated as the City went through Hurricane Ike, there were
approximately fifteen emails received that were complaints, but when you take into
consideration there are around eighty -thousand people in the City, that is not bad. He
wants to commend the City Staff for being able to do what they had to do to recover
from the hurricane in addition to their daily jobs and personal lives. The citizens have
also helped each other clean up and shared necessities and it was good to see
everyone come together.
Councilmember Saboe was absent.
Mayor Pro -Tem Beckman stated she is extremely proud of the City of Pearland for
coming together. Ms. Beckman stated she attended the Chamber of Commerce
Elected Officials Reception and the turn -out was very good. She also attended the
Keep Pearland Beautiful Annual Luncheon. It is estimated the luncheon raised $10,000
and half of that will go into the building fund for the Environmental Center. If someone
has broken tree limbs that have a jagged edge, it is important to have it cut off for safety
reasons.
Councilmember Kyle stated not enough can be said about the City of Pearland Staff.
Councilmember Cole stated he would like to receive a report of some type of when the
City will be able to get the FEMA lots that it owns cleaned up. He does commend the
City and its Staff but would like to see a Workshop in the future regarding ways to
improve the process.
CITY MANAGER'S REPORT
City Manager Bill Eisen stated he would like to thank the Council for their comments
and stated he knows Staff appreciates it when Council recognizes their contributions.
He stated because of Hurricane Ike, the Tree Lighting Ceremony will be held at the
Pearland Town Center instead of City Hall.
CITIZENS
Marsha Ebeling, 2740 Piper Road, addressed Council and stated she has lived in
Pearland for over thirty-five years and operated a successful business for sixteen years
and she cares about the City. She wrote a letter to the Pearland Journal addressed to
Page 2 of 13 — 10/13/2008
the City regarding the Points of Distribution (POD). A Pearland Police Officer informed
her that there were no PODs in Pearland because they did not want riff-raff in the City.
There were no reports of any problems at any of the PODs that were set up after the
hurricane and she would like to know who it is specifically that Pearland considers riff-
raff. People at the PODs in Houston area did not have any problems and the people
were just thankful. Her children did not have power for thirteen days and the PODs
would have helped them. The City should have informed the citizens where they could
have gotten water and ice to help them. She has heard many stories from citizens that
needed help after the storm and feels the City could have done a better job helping its
citizens.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the September 8, 2008, Public Hearing (Budget) held
at 6:30 p.m.
2. Minutes of the September 8, 2008, Public Hearing (Tax Rate)
held at 6:30 p.m.
3. Minutes of the September 8, 2008, Regular Meeting held at 7:30
p. M.
4. Minutes of the September 15, 2008, Public Hearing (Tax Rate)
held at 6:30 p.m.
5. Minutes of the September 22, 2008, Joint Public Hearings held at
6:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE
SEPTEMBER 8, 2008, REGULAR COUNCIL MEETING.
City Council.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-22 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, SHOWN AS OF LOT TWELVE (12), BLOCK TWENTY
(20) OF PEARLAND TOWNSITE, ACCORDING TO THE MAP OR
PLAT RECORDED IN VOL. 29, PG 41, OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, AND A PART OF TRACT 3 OF
SECTION 2, OF THE H. T. & B. RAILROAD COMPANY SURVEY,
ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS, CONTAINING 16,462.7 SQ. FT. OR 0.3779 ACRE OF LAND,
Page 3 of 13 — 10/13/2008
2418 SOUTH MAIN STREET, (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-22), TO ALLOW OUTDOOR
STORAGE IN THE OLD TOWNSITE GENERAL BUSINESS
DISTRICT (OT -GB); AT THE REQUEST OF THOMAS D.
RASBERRY, APPLICANT AND OWNER; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-23 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND
CONTAINING 10.005 ACRES, MORE OR LESS, BEING ALL OF
MINOR PLAT OF KNIGHTS OF COLUMBUS COUNCIL NO. 8960, A
SUBDIVISION IN BRAZORIA COUNTY, TEXAS ACCORDING TO
THE OFFICIAL MAP OR PLAT THEREOF RECORDED UNDER
CLERK'S FILE 2008018242 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, LOCATED AT 2320 HATFIELD ROAD,
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-23), TO
ALLOW CELLULAR COMMUNICATIONS TOWER/PCS IN THE
GENERAL BUSINESS RETAIL DISTINCT (GB), AT THE REQUEST
OF T -MOBILE, APPLICANT AND PEARLAND HOME ASSN.
OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Mananger.
Councilmember Cole asked that Consent Agenda Item C, Ordinance No. 2000CUP-22
be removed from the Consent Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt
Consent Agenda Items A through D with the exception of item C, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
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Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Cole Consent Agenda Item C Ordinance No.
2000CUP-22 was removed for further discussion.
C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-22 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, SHOWN AS OF LOT TWELVE (12), BLOCK TWENTY
(20) OF PEARLAND TOWNSITE, ACCORDING TO THE MAP OR
PLAT RECORDED IN VOL. 29, PG 41, OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, AND A PART OF TRACT 3 OF
SECTION 2, OF THE H. T. & B. RAILROAD COMPANY SURVEY,
ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS, CONTAINING 16,462.7 SQ. FT. OR 0.3779 ACRE OF LAND,
2418 SOUTH MAIN STREET, (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-22), TO ALLOW OUTDOOR
STORAGE IN THE OLD TOWNSITE GENERAL BUSINESS
DISTRICT (OT -GB); AT THE REQUEST OF THOMAS D.
RASBERRY, APPLICANT AND OWNER; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO
REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 2000CUP-22 on its first and only reading. After discussion, the
item was tabled.
City Manager Bill Eisen stated this item is a request for change in zoning that would
allow for an addition of an out -building for a business located on SH 35.
Page 5 of 13 — 10/13/2008
Councilmember Cole stated he asked this item to be removed because he believes the
out -building the applicant is planning will cost less than the platting is going to require
him to do. He understands the City wants to plat all properties, but he is in favor of
letting the applicant do this project without platting the property because of the expense.
Assistant City Manager Nick Finan stated part of the reason he is being required to plat
the property is because the Conditional Use Permit (CUP) is for the back portion that is
being combined with the front portion and the property is not in its original configuration
as it was originally platted. Staff is currently working on getting wording for issues
Council has expressed at previous meetings and is looking at how do they determine
what is a minor expansion versus a major expansion.
City Attorney Darrin Coker stated Council has the authority to wave the requirement of
the platting in this specific Ordinance, but it is not what he recommends because it is a
slippery slope. The Ordinance currently requires the platting of property and this is
something Council could address in the future. The Platting Moratorium is probably the
cleanest way to address this item until Council can establish the specific items in the
Ordinance itself.
Councilmember Kyle asked if the applicant has specified whether this out -building is a
permanent storage facility or temporary.
Assistant City Manager Nick Finan stated the applicant has stated the storage facility is
temporary, but the City does not allow temporary buildings and has had to make a
special exclusion for temporary building as related to the hurricane.
Discussion ensued between Council and Assistant City Manager Nick Finan regarding
the Ordinance.
Councilmember Owens made the motion, seconded by Councilmember Kyle, to table
Ordinance No. 2000CUP-22 on its First and Only Reading until further information is
received regarding the applicants storage options.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
NEW BUSINESS
Page 6 of 13 — 10/13/2008
FIRST READING OF ORDINANCE NO. 2000-T-9 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED
PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Nick Finan, Assistant City Manager.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 2000-T-9 on its first reading. After discussion, the item was
tabled.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval Ordinance No. 2000-T-9.
City Manager Bill Eisen stated this item involves several changes to the Unified
Development Code. The most notable change was proposed to the City from the
Pearland Area Chamber of Commerce regarding the flying of flags in front of
businesses. Previous Public Hearings have been held regarding the proposed
changes.
Councilmember Cole stated, in the write up, corporate flags were discussed and them
being only in a corporate zone. He did not see any references to this in the information
received and wanted to verify it was included.
Assistant City Manager Nick Finan stated this information was included in the Pearland
Area Chamber of Commerce write-up, but was not specifically referenced in the
Ordinance.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
FIRST READING OF ORDINANCE NO. 2000M-57 — 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 26.58 ACRES OF LAND, BEING PARTS OF AND THE NORTH
HALF OF LOT 44 AND ALL OF LOT 49 OF ZYCHLINSKI'S SUBDIVISION IN THE
HT&B RR CO. SURVEY, SECTION 3, ABSTRACT 232, AND R.B LYLE SURVEY,
ABSTRACT 542, IN THE BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED ON
THE WEST SIDE OF SH 35 (NORTH MAIN STREET), AND ON THE SOUTH SIDE OF
MCHARD ROAD), (ZONE CHANGE APPLICATION NO. 2008-15Z), FROM LIGHT
Page 7 of 13 — 10/13/2008
INDUSTRIAL (M-1) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST
OF JUNG H KWAK, APPLICANT FOR MONTALBANO LUMBER CO. 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. Nick Finan, Assistant City
Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 2000M-57 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for denial of Application No. 2008-15Z.
City Manager Bill Eisen stated the Planning and Zoning Commission recommended this
item for denial and therefore it will require a three-quarter vote from Council for
approval.
Dave Miller, 3603 W. Pine Orchard, addressed Council and stated there have been
problems on having a correct presentation of this plan. The original intent of the
applicant was to rezone the entire property as General Commercial District. They met
with City Staff and were told to not apply for the entire property and submit a Planned
Unit Development, but do the change as a zone change. They amended their
application, but the amendments were not included in the information provided at the
Planning and Zoning Commission Meeting or in the information provided to Council.
The applicant is now considering the possibility of changing the application to a Planned
Unit Development because of many of the questions that were raised at the Planning
and Zoning Commission. At this point, the applicant is asking to hear suggestions or
recommendations from Council and Staff as to how he can achieve his goal for his
property.
Councilmember Owens stated the information provided to Council states that Staff
recommended the applicant submit the request as a Conditional Use Permit. He stated
there seems to be a lot of confusion regarding this request and more information should
be provided to clear things up.
Councilmember Cole stated the applicant will need to be concerned with application
fees if he is required to come back with a new request.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to table
Ordinance No. 2000M-57 on its first reading until further information is provided.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Page 8 of 13 — 10/13/2008
Motion Tabeld 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2008-121 — 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
ASSOCIATED WITH THE CITY OF HOUSTON INTERCONNECT PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-121.
City Manager Bill Eisen stated Council is aware the City has purchased water capacity
from the City of Houston's Southeast Water Purification Plant. It is necessary for the
City to construct a transition line from the City of Houston system to the City of Pearland
system to allow the use of the water. This item is an agreement with the City of
Houston that would allow the City to participate in the City of Houston's construction and
over -sizing of a large line they are currently constructing and will reduce the amount of
line that the City will have to construct and the cost.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — RESOLUTION NO. R2008-131 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
ENGINEERING SERVICES ASSOCIATED WITH THE CITY'S WATER TREATMENT
PLANT RESERVOIR. Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2008-131.
City Manager Bill Eisen stated Council recently authorized a purchase of land located
near C.R. 48 which will eventually be the site of a surface water treatment plant. This
item is a contract for engineering services to shape up the existing sand pit located on
the property to prevent any danger of erosion. It also includes funds for an investigation
of the location for additional capacity and use of detention on the property.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens.
Voting "No" None.
Page 9 of 13 — 10/13/2008
Motion Passed 4 to 0, with Councilmember Saboe absent.
FIRST READING OF ORDINANCE NO. 1364 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF
CERTAIN RIGHT-OF-WAY AND EASEMENTS 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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1364 on its first reading.
City Manager Bill Eisen stated this item is an abandonment of a right-of-way that was
previously the subject of a Public Hearing.
City Attorney Darrin Coker stated this property was dedicated to Brazoria County and
was obtained when the City annexed the area where it is located.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
COUNCIL ACTION — REGARDING THE DECEMBER CITY COUNCIL MEETING
SCHEDULE. Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to discuss
the Christmas Holiday City Council Meeting calendar.
City Manager Bill Eisen stated the City currently conducts Regular Council Meetings on
the second and fourth Monday of each month. In December the fourth Monday falls on
December 27, 2008, and Staff is seeking guidance from Council as to whether to meet
this day or have both Regular Council Meetings on December 8, 2008.
Councilmember Cole asked if there were any applications that would require a Joint
Public Hearing in December.
Assistant City Manager Nick Finan stated typically there have not been Joint Public
Hearings held in December.
Page 10 of 13 — 10/13/2008
Councilmember Cole stated he does not want to have a large amount of Joint Public
Hearings in January due to not conducting a meeting in December. He would also like
to see three meeting dates in December for any new items coming in and to prevent a
build up for after the holidays.
Councilmember Kyle stated she is in favor of the original proposal of both Regular
Meetings being held on December 8, 2008, because a Special Meeting can be held if
there are any new items.
Assistant City Manager Nick Finan stated the Joint Public Hearing process has to begin
thirty -days in advance and will need to be started in November to conduct a meeting on
December 15, 2008.
Mayor Reid stated it appears it is the agreement to conduct both Regular Council
Meetings on December 8, 2008.
City Attorney Darrin Coker stated a Resolution will be presented to Council on a future
Agenda to change the meeting dates.
No action taken by Council.
COUNCIL ACTION — RESOLUTION NO. R2008-133 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ISSUANCE OF
A BUILDING PERMIT FOR BRAZORIA DRAINAGE DISTRICT NO. 4. Mr. Bill Eisen,
City Manager.
Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve
Resolution No. R2008-133.
City Manager Bill Eisen stated this item is a request from Brazoria County Drainage
District No. 4 to make some additions to existing buildings at their location. The City's
development Ordinances would require the entity to submit a plat or a zone change
request. This item authorizes the Brazoria County Drainage District No. 4 to submit
applications for building permits with the understanding they will submit the appropriate
requests with the City in the near future.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Saboe absent.
Page 11 of 13 — 10/13/2008
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:00 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED
WITH THE BLUE RIDGE LANDFILL. Mr. Darrin Coker, City Attorney.
2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY —
REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED
WITH THE MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City
Attorney.
3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE
APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:15 p.m.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE BLUE RIDGE LANDFILL. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION
ASSOCIATED WITH THE MUNICIPAL UTILITY DISTRICTS. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE APPOINTMENT OF MUNICIPAL COURT
JUDGES.
City Council.
Councilmember Cole made the motion, seconded by Councilmember Owens, to
reappoint Roy Simmons to a four-year term as Associate Judge.
Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole.
Voting "No" None.
Page 12 of 13 — 10/13/2008
Motion Passed 4 to 0, with Councilmember Saboe absent.
ADJOURNMENT
Meeting was adjourned at 10:16 p.m.
Minutes approved as submitted and/or corrected this the 10th day of November, A.D.,
2008.
ATTEST:
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Tom Reid
Mayor
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