2008-03-10 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA
ADDED NEW BUSINESS ITEM NO. 11
AGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, MARCH 10, 2008, AT 7:30
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION GIVEN BY PASTOR MIKE NOGG 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 -APPROVAL
OF MINUTES:
1. Minutes of the February 18, 2008, Joint Public Hearings
held at 6:30 p.m.
2. Minutes of the February 25, 2008, Special Meeting held at
6:00 p.m.
3. Minutes of the February 25, 2008, Regular Meeting held at
7:30 p.m.
4. Minutes of the March 3, 2008, Special Meeting held at 7:30
p.m.
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B. CONSIDERATION AND POSSIBLE ACTION -REGARDING
THE APPOINTMENT OF DR. JENNIFER BUMGARNER, DVM
TO SERVE IN POSITION NO. 1 EXPIRING NOVEMBER 1,
2011, NICK FINAN TO SERVE IN POSITION NO. 2 EXPIRING
NOVEMBER 1, 2010, SHARI COLEMAN TO SERVE IN
POSITION NO. 3 EXPIRING NOVEMBER 1, 2009, AND LISA
JACKSON TO SERVE IN POSITION NO. 4 EXPIRING
NOVEMBER 1, 2010 ON THE ANIMAL SHELTER ADVISORY
COMMITTEE. Mayor Tom Reid.
C. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-9 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 3.266 ACRES, BEING LOT 186, 1861, 18C1, 19E,
19E1, AND 19F1, WILLETTS SUBDIVISION, ABSTRACT 70,
W. D. C. HALL SURVEY, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (LOCATED AT 1807 TAYLOR LANE),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
07), TO ALLOW FOR "AGRICULTURAL ANIMAL
HUSBANDRY" IN THE SINGLE FAMILY RESIDENTIAL - 1
DISTRICT (R-1 ); AT THE REQUEST OF PATRICIA E.
MERCER, 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-10 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 1.995 ACRE TRACT OF LAND IN THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 304, BEING A PORTION OF
LOT 39 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION
85, AS SHOWN ON PLAT RECORDED IN VOLUME 2, PAGE
107 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF
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MILLER RANCH ROAD), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-10), TO ALLOW FOR
"ADDITIONAL BUILDING HEIGHT FOR A HOTEL" FACILITY
IN THE OFFICE AND PROFESSIONAL DISTRICT (OP); AT
THE REQUEST OF MONTY HUDSON, APPLICANT FOR
BHARAT BHAKTA, 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.
E. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1342 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF DRAINAGE
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 -FIRST AND
ONLY READING OF ORDINANCE NO. 1343 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF DRAINAGE
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
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BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 1344 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE
TITLE FOR THE CONSTRUCTION OF DRAINAGE
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.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-7 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 0.860 ACRES OF LAND, BEING LOT 9, BLOCK 10, OF
WEST LEA, SECTION 2, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN VOLUME 11, PAGE 69, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT
3814 BLUE BIRD WAY), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-05), TO ALLOW FOR
"AGRICULTURAL ANIMAL HUSBANDRY" IN THE SUBURBAN
RESIDENTIAL - 15 DISTRICT (SR-15); AT THE REQUEST OF
TROY AND PEGGY STALCUP, OWNERS; 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.
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2. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-8 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 0.860 ACRES OF LAND, BEING LOT 10, BLOCK 8, OF
WEST LEA, SECTION 2, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN VOLUME 11, PAGE 69, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT
3826 WINGTAIL WAY), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-06), TO ALLOW FOR
"AGRICULTURAL ANIMAL HUSBANDRY" IN THE SUBURBAN
RESIDENTIAL - 15 DISTRICT (SR-15); AT THE REQUEST OF
DOROTHY BLACK, 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.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-46 - 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 9.7036
ACRES OF LAND, LOT 22, H.T. & B.R.R. COMPANY
SURVEY, SECTION 8, ABSTRACT 504, AS RECORDED IN
BOOK 2, PAGES 23 AND 24 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF ROY ROAD, AND APPROXIMATELY 500
FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE
CHANGE APPLICATION NO. 2008-03Z), FROM OFFICE AND
PROFESSIONAL DISTRICT (OP) TO GENERAL BUSINESS
RETAIL DISTRICT (GB), AT THE REQUEST OF THU TRINH,
APPLICANT FOR DUNG HUNG TA, 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.
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4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-47 - 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 48.4712
ACRES OUT LOT 5 OF THE JAMES HAMILTON SURVEY,
ABSTRACT 881, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 83, PAGE 342, OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF
PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF STATE HIGHWAY 288,
AND ON THE NORTH SIDE OF SHADOW CREEK
PARKWAY), (ZONE CHANGE APPLICATION NO. 2008-04Z),
FROM SPECTRUM DISTRICT (SPD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GC
ENGINEERING, INC., APPLICANT FOR HISTORIC REAL
ESTATE, 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.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-48 - 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 TRACT "A"
AND TRACT "B" AND TRACT "C" OF WHISPERING WINDS
GENERAL BUSINESS RESERVE, OUT OF THE THOMAS J.
GREEN SURVEY, ABSTRACT 198, A PER THE PLAT
RECORDED IN VOLUME 17, PAGES 93 AND 94, OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY
STREET), AND ON THE WEST SIDE OF WESTMINISTER
DRIVE), (ZONE CHANGE APPLICATION NO. 2008-05Z),
FROM SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO
GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE
REQUEST OF RICHARD A. TARRER, FELTON BAKER,
MARY STARR, DAVID MILLER, LUCY GEHRING, ALICE
GEHRING, RAY NUNEZ, MIKE MARTIN, DARWIN
MACALISTER, AND PEARLAND SQUARE CONDOMINIUM
ASSOCIATION, OWNERS, PROVIDING FOR AN
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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.
6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-42 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CONSENTING TO
ASSIGNMENT AND AMENDMENT OF CERTAIN
AGREEMENTS. Mr. Darrin Coker, City Attorney.
7. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-39 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, REJECTING ALL BIDS
ASSOCIATED WITH A PROPOSED UNIT PRICE SUPPLY
CONTRACT FOR MOTOR FUEL. Mr. Bill Eisen, City Manager.
8. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-40 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENAMING THE
SOUTHWEST ENVIRONMENTAL CENTER AS THE JOHN
HARGROVE ENVIRONMENTAL COMPLEX. Mr. Jon Branson,
Director of Parks and Recreation.
9. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-34 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
REIMBURSEMENT AGREEMENT ASSOCIATED WITH THE
INSTALLATION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF SHADOW CREEK PARKWAY AND
BUSINESS CENTER DRIVE. Mr. Narciso Lira, City Engineer.
10. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-41 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A
TAX ABATEMENT AGREEMENT WITH GARTNER
COATINGS; FINDING AND DETERMINING THAT TERMS OF
SAID AGREEMENT MEET THE REQUIREMENTS OF
CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED,
ORDINANCE NO. 1339, ESTABLISHING REINVESTMENT
ZONE #19, AND THE GUIDELINES AND CRITERIA FOR
GOVERNING REINVESTMENT ZONES AND TAX
ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION
NO. R2006-121. Mr. Darrin Coker, City Attorney.
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11. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-49 - 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 5.00 ACRES,
ABSTRACT 506, H.T. & B.R.R. COMPANY SURVEY, TRACT
6-7A-7E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF HUGHES
RANCH ROAD (COUNTY ROAD 403), AND APPROXIMATELY
600 FEET WEST OF LINDA LANE), (ZONE CHANGE
APPLICATION NO. 2008-06Z), FROM SINGLE FAMILY
ESTATE DISTRICT (RE) TO PLANNED DEVELOPMENT
DISTRICT (PD), AT THE REQUEST OF DAVID PEARLMAN,
APPLICANT FOR CLASSIC SELF STORAGE LLC, 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.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, LEASE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY -CITY FACILITIES.
Mr. Bill Eisen, City Manager.
2. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH LAND USE. Mr. Darrin Coker, City
Attorney.
NEW BUSINESS CONTINUED:
12. COUNCIL ACTION - REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY -CITY
FACILITIES. City Council.
13. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH LAND USE.
City Council.
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XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
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