2008-06-09 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 9, 2008, AT 7:30
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 35'19 LIBERTY DRIVE,
PEARLAND, TEXAS_
I. CALL TO ORDER
II. INVOCATION GIVEN BY PASTOR MIKE HOGG AND PLEDGE
OF ALLEGIANCE.
111. MAYOR'S ACTIVITY REPORT
1. Recognition of the Employee of the Quarter, Kenny Sanders,
EMS Department.
2. Certificate of Recognition to Public Works Administrative
Clerk Lynn Baker, Public Works Administrative Clerk Sheila
Olivarez, Water and Sewer Construction Supervisor John
Miller, and Street and Drainage Light Equipment Operator
Sean Godinez.
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 (/X. 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 April 28, 2008, Special Meeting of the
Benefit Employees Trust held at 6:00 p.m.
2. Minutes of the May 5, 2008, Public Hearing held at 6:30
p.m.
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3. Minutes of the May 5, 2008, Special Meeting held at 7:30
p.m.
4. Minutes of the May 12, 2008, Public Hearing held at 6:30
p.m.
5. Minutes of the May 12, 2008, Regular Meeting held at 7:00
p.m.
6. Minutes of the May 12, 2008, Regular Meeting held at 7:30
p.m.
7. Minutes of the May 13, 2008, Special Meeting held at 6:30
p.m.
8. Minutes of the May 19, 2008, Special Meeting held at 6:00
p.m.
9. Minutes of the May 19. 2008, Joint Public Hearings held at
6:30 p.m.
10. Minutes of the June 2, 2009, Special Meeting held at 7:00
p.m.
B. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-17 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 29.4145 ACRES OF LAND OUT OF LOTS 172 AND
173 OF THE ZYCHLINSKI SUBDIVISION OUT OF THE H.T. &
B.R.R_ COMPANY SURVEY, SECTION 27, ABSTRACT 308,
AND THE G. C. SMITH SURVEY, SECTION 28, ABSTRACT
551, ACCORDING TO THE PLAT RECORDED IN VOLUME
29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND ON THE
SOUTH SIDE OF INDUSTRIAL DRIVE), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2008-17), TO ALLOW FOR A
"PETROLEUM PRODUCT EXTRACTION, REFINING,
MANUFACTURER, AND STORAGE" FACILITY, IN THE
HEAVY INDUSTRIAL DISTRICT (M-2); AT THE REQUEST OF
ENVIRONMENTAL SERVICES GROUP, INC., APPLICANT
FOR AIRGAS SPECIALTY GASES, INC., 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.
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C. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-18 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 6.00 ACRES OF LAND, APPROXIMATELY, BEING A
PORTION OF LOTS 37A, 37B, ABSTRACT 542, AND TRACTS
36A-36C1 , ABSTRACT 233, H_T. & B.R.R. COMPANY
SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF STATE
HIGHWAY 35 (MAIN STREET), AND ON THE SOUTH SIDE
OF HALIK ROAD), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-16), TO ALLOW FOR THE
FOLLOWING USES: CONSTRUCTION CONTRACTOR WITH
STORAGE YARD; MACHINERY SALES, STORAGE, AND
REPAIR; MOVING AND STORAGE COMPANY; PRINTING
COMPANY; OFFICE WAREHOUSE STORAGE AND SALES;
OUTSIDE STORAGE; STORAGE OF USED LUMBER AND
BUILDING PRODUCTS; TOOL AND MACHINERY RENTAL;
WELDING SHOP; WAREHOUSE AND DISTRIBUTION
FACILITY; IN THE GENERAL COMMERCIAL DISTRICT (GC);
AT THE REQUEST OF WILL BENSON OF THE NATIONAL
REALTY GROUP, APPLICANT FOR HIEP PHAM, INC.,
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.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-53 - 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 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
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BRAZORIA COUNTY, TEXAS, AND SITUATED 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, ON THE EAST SIDE OF KIRBY DRIVE,
AND ON THE WEST SIDE OF BUSINESS CENTER DRIVE),
(ZONE CHANGE APPLICATION NO. 2008-'12Z), FROM
PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED
DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO THE
EXISTING PD FOR PEARLAND TOWN CENTER, 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 Nick Finan,
Assistant City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - FIRST AND
ONLY READING OF ORDINANCE NO. '12066 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 28, TAXAT/ON,
SECTION 28-1 .1 .(a ), HOMESTEAD EXEMPT/ON OF THE
PEARLAND CODE OF ORDINANCES, BY ADDING A
GENERAL RESIDENTIAL HOMESTEAD EXEMPTION FOR
PROPERTY OWNERS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; A SAVINGS CLAUSE; A
REPEALER CLAUSE; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE. Mr. Bi// Eisen, City
Manager.
3. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-80 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A UTILITY
RELOCATION CONTRACT ASSOCIATED WITH THE DIXIE
FARM ROAD PROJECT (PHASE II). Mr Trent Epperson,
Project Director.
4. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-79 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, APPROVING THE 2007
ANNUAL REPORT FOR TAX INCREMENT REINVESTMENT
ZONE #2. Mr_ Bi// Eisen, City Manager.
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EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH PLATTING ISSUES- Mr Bi// Eisen,
City Manager.
2. SECTION 551.074 - PERSONNEL MATTERS -
REGARDING THE REAPPOINTMENT OF MUNICIPAL
COURT JUDGES. City Counci/.
3_ SECTION 551.074 - PERSONNEL MATTERS -
DISCUSSION REGARDING CITY MANAGER'S
ANNUAL GOALS. City Counci/.
4. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY - REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH OTHON, INC. AND THE
MAGNOLIA ROAD EXPANSION PROJECT.
Mr_ ~arrin Coker; City Attorney.
NEW BUSINESS CONTINUED:
5. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH PLATTING
ISSUES. City Counci/_
6. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE REAPPOINTMENT OF MUNICIPAL COURT JUDGES.
City Counci/.
7. CONSIDERATION AND POSSIBLE ACTION - REGARDING
THE CITY MANAGER'S ANNUAL GOALS- City Counci/.
8. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH OTHON, INC.
AND THE MAGNOLIA ROAD EXPANSION PROJECT.
City Counci/.
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.
Page 5 of 6 - 6/9/2008
I, Young Lorfing, City Secretary of the City of Pearland, Texas, do hereby certify that
the foregoing agenda was posted in a place convenient to the general public at City Hall
on the 2^d day of June 2008, at 5:30 p.m.
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Agenda removed /f~ day of June 2008.
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