2008-10-13 CITY COUNCIL MEETING AGENDAAGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, OCTOBER 13, 2008, AT
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
1. Recognition of the Employee of the Quarter, Lynn Baker,
Public Works Department.
IV. CITIZENS
V. DOCKETED PUBLIC HEARING: None
VI. 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 (lX. 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 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.
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I. CALL TO ORDER
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.
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
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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.
VII. MATTERS REMOVED FROM CONSENT AGENDA
VIII. NEW BUSINESS
1. CONSIDERATION AND POSSIBLE ACTION - 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.
2. CONSIDERATION AND POSSIBLE ACTION - 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 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.
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3. CONSIDERATION AND POSSIBLE 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.
4. CONSIDERATION AND POSSIBLE 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.
5. CONSIDERATION AND POSSIBLE ACTION - 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.
6. CONSIDERATION AND POSSIBLE ACTION -REGARDING
THE DECEMBER CITY COUNCIL MEETING SCHEDULE.
Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE 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.
OTHER BUSINESS:
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.
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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:
8. CONSIDERATION AND POSSIBLE ACTION — REGARDING
PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH
THE BLUE RIDGE LANDFILL. City Council.
9. CONSIDERATION AND POSSIBLE ACTION — REGARDING
PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH
THE MUNICIPAL UTILITY DISTRICTS. City Council.
10. CONSIDERATION AND POSSIBLE ACTION — REGARDING
THE APPOINTMENT OF MUNICIPAL COURT JUDGES.
City Council.
IX. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-412-8101 prior to the meeting so that appropriate
arrangements can be made.
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 8th day of October 2008, at 6:00 p.m.
71*,. Y n g L < R-1
-" rni,k��0 tom Sec tary
Agenda removed /4 day of October 2008.
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