2001-12-10 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 10, 2001, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Larry Marcott
Richard Tetens
Woody Owens
Klaus Seeger
Larry Wilkins
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Director of Community
Development and Services Gene Tumlinson; Assistant City Attorney Nghiem Doan.
The invocation and Pledge of Allegiance were given at the 7:00 p.m. meeting.
MAYOR'S ACTIVITY REPORT: None
COUNCIL ACTIVITY REPORTS: None
CITY MANAGER'S REPORT: None
CITIZENS:
Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he is
concerned about the conflict between a city of homes and a city of industry, and the spot
zoning dilemma that is confronting the City at the present time. Mr. McMurrey stated it was
brought about by the Planning and Zoning Commission. He is concerned that the action
of the Planning and Zoning Commission to deny Application Nos. 1008, 1012, and 1013
will result in spot -zoning on Pearland's developing west side. He also stated the Planning
and Zoning Commission has ignored unanimous testimony of a large number of residents
from the Westwood, Springfield and Cobblestone Subdivisons, favoring the zoning change
from Heavy Industry (M-2) to Residential (R-2), due to the land being adjacent to homes
Page 1 of 7 - 12/10/2001 7:30
and the new Pearland Independent School District Secondary School. This action by the
Commission is contrary to their previous action to approve Zoning Application No. 820 for
Residential development (R-2), and the Commission's tie vote on Application No. 988,
authorizing another change to Residential development. This results in a serious problem
of spot -zoning with Residential (R-2) development being adjacent to Heavy Industrial
zoning, without any buffer zone. In closing, Mr. McMurrey asked Council to review the
actions of the Planning and Zoning Commission.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-553 - 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
AND GRANTING A SPECIFIC USE PERMIT FOR A SCHOOL BUILDING
ON THE FOLLOWING PROPERTY, BEING 36.34 ACRES OUT OF 41.34
ACRES, BEING A PART OF A.C.H. & B., SECTION 1, A-147, BRAZORIA
COUNTY, TEXAS(SPECIFIC USE NO. 97) (2316 OLD ALVIN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT RESIDENTIAL
(SD -R) TO SUBURBAN DEVELOPMENT DISTRICT RESIDENTIAL -
SPECIFIC USE (SD-R(S)) AT THE REQUEST OF PHILLIP RUTTER OF
PBK ARCHITECT, AGENT FOR PEARLAND INDEPENDENT SCHOOL
DISTRICT 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. Tobin Maples, Executive
Director of Community Services.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-556 - 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 29.9980 ACRES OF LAND, BEING ALL OF LOTS 10,
Page 2 of 7 - 12/10/2001 7:30
11 AND 34, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 8, H. T. & B. R.R. COMPANY SURVEY, A-504,
RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 997) (1938 GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
MOBILE HOME DISTRICT (MH) AT THE REQUEST OF JACK WILLIS,
MANAGER OF RAINTREE ACRES AND AGENT FOR CMH PARKS, INC.,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Tobin Maples, Executive Director of Community
Services.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-557 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
AND GRANTING A SPECIFIC USE PERMIT FOR A WAREHOUSE AND
OPEN STORAGE ON THE FOLLOWING PROPERTY, BEING 4.69 ACRES,
BEING LOT 7A, WHICH IS THE SOUTH 1/20F LOT 7, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION OF SUBURBAN
GARDENS, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, AS
RECORDED IN VOLUME 111, PAGE 184, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 99) (2109 CULLEN
BOULEVARD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF
CLASSIC STORAGE, 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. Tobin Maples, Executive
Director of Community Services.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-554 -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
Page 3 of 7 - 12/10/2001 7:30
AND GRANTING ASPECIFIC USE PERMIT FORA SCHOOL TO BE BUILT
ON THE FOLLOWING PROPERTY, BEING 86.913 ACRES, SECTION 15,
H. T. & B. R.R. COMPANY SURVEY, A-241, OUT OF THE JOHN MASSEY
160 ACRE TRACT RECORDED IN VOL. 708, PAGE 109, BRAZORIA
COUNTY DEED RECORDS, AND BEING PART OF A 10 ACRE TRACT
RECORDED IN VOLUME 1220, PG 413, BRAZORIA COUNTY DEED
RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 96)
(MANVEL ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT
DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF PHILLIP
RUTTER OF PBK ARCHITECT, AGENT FOR PEARLAND INDEPENDENT
SCHOOL DISTRICT OWNER, PROVIDING FORANAMENDMENTOFTHE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive
Director of Community Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-555 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
AND GRANTING A SPECIFIC USE PERMIT TO ALLOW A SECOND
PHASE OF MINI -STORAGE WAREHOUSES ON THE FOLLOWING
PROPERTY, BEING LOT 1, BROADWAY WEST SUBDIVISION, OUT OF
LOT 20, ALLISON RICHEY GULF COAST COMPANY'S SUBURBAN
GARDEN SUBDIVISION AS RECORDED IN VOLUME 2, PAGES 107-108,
BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS
(SPECIFIC USE NO. 98) (10401 BROADWAY STREET) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL
DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF MICHAEL
POLLOK, AGENT FOR 518 INVESTMENTS, LTD., OWNERS, 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. Tobin
Maples, Executive Director of Community Services.
Page 4 of 7 - 12/10/2001 7,30
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-558 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATION BEING 4.965 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-
240, OUT OF LOTS 76 AND 77, FIGLAND ORCHARD SUBDIVISION NO.
1, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT
RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO.1010) (2942
WAGONTRAIL ROAD) FROM CLASSIFICATION SUBURBAN.
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB)
AT THE REQUEST OF C.K. STEPHENSON, AGENT FOR MARIA DE
VIVEIROS AND EVANGELOS GOLFIS, OWNERS, 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. Tobin
Maples, Executive Director of Community Services.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-552 - 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 LOT H, WESTGATE PARK SUBDIVISION, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1007) (2550 WESTGATE STREET)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF RONNIE P.
MOELLER AND JOHN A. MOELLER, OWNERS, 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. Tobin
Maples, Executive Director of Community Services.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-551 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
Page 5 of 7 - 12/10/2001 7:30
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATION BEING TRACT 3, WESTCHESTER ESTATES, JACK C.
MCKNIGHT SURVEY, SECTION 17, H. T. & B. R.R. COMPANY SURVEY,
A-242, AS RECORDED IN VOLUME 12, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1009) (WESTCHESTER CIRCLE)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF
WALTER AND ASHLEY LANDRY, OWNERS, 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. Tobin
Maples, Executive Director of Community Services.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to adopt
Consent Agenda Items A through H, as presented on the Consent Agenda, with the
exception of Item C, which failed at the 7:00 p.m. meeting and Item F, which was passed
with no Council action taken at the 7:00 p.m. meeting.
Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None
NEW BUSINESS: None
ADJOURNMENT:
Meeting was adjourned at 9:39 p.m.
Minutes approved as submitted and/or corrected this the
Page 6 of 7 - 12/10/2001 7:30
14 day of January, 2002.
ATTEST:
Tom Reid
Mayor
Page 7 of 7 - 12/10/2001 7:30