2002-12-09 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PM187
-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 9, 2002, 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
Tom Reid
Mayor Pro -Tem
Woody Owens
Councilmember
Richard Tetens
Councilmember
Charles Viktorin
Councilmember
Larry Marcott
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Sbcretary
Young Lorfing
Absent: Councilmember Klaus Seeger
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation Fred Welch; J.C. Doyle Chief of Police; John Hargrove City Engineer;
Public Affairs Liaison Lynn Munford; Purchasing Officer Gordon Island; Project Director
Joe Wertz, Deputy City Secretary LaKeisha Cannon -Scott; I. T. Coordinator John
Knight; Utility Billing Supervisor Linda Grobmeier; Assistant Director of Public Works
Cecil Bowery.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by City Manager Bill Eisen during the first meeting for December 9, 2002.
MAYOR'S ACTIVITY REPORT
Due to two Regular Council meetings for December 9, 2002, Activity Report was given
during the 7:00 p.m. meeting.
COUNCIL ACTIVITY REPORTS
Due to two Regular Council meetings for December 9, 2002, Activity Reports was given
during the 7:00 p.m. meeting.
CITY MANAGER'S REPORT
Due to two Regular Council meetings for December 9, 2002, Activity Report was given
during the 7:00 p.m. meeting.
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CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-623 - 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 THE NORTH 80 FEET OF LOT 1 AND
LOT 12, BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE
MAP OR PLAT RECORDED IN VOLUME 29, PAGE 41, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE
APPLICATION NO. 120) (ORANGE STREET, BETWEEN GRAND
AVENUE AND PARK AVENUE) FROM CLASSIFICATION GENERAL
BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB)
SPECIFIC USE (GB(S)) FOR A TWO-FAMILY DWELLING (DUPLEX) ON
EACH LOT WITH THE STIPULATION IF CONSTRUCTION IS NOT
STARTED WITHIN TWO YEARS OF RECEIVING THIS SPECIFIC USE
PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE PERMIT
WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT,
AGENT FOR TOMMY S. DAWSON, 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. 509-624 — 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
BEING12.58 ACRES, J. CRAWLEY SURVEY, ABSTRACT 174,
BEING ALL OF TRACT I RECORDED UNDER FILE NUMBER 94-
009151, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1071)
(SHADOW CREEK RANCH WEST OF STATE HIGHWAY 288) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
;COOK - SHADOW CREEK RANCH DEVELOPMENT L.P., AGENT FOR
PEARLAND INVESTMENTS, L.P., OWNER, PROVIDING FOR AN
Page 2 of 9 —12/9/2002 7:30 p.m.
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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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-625 —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 0.590 ACRES, LOT 5, BLOCK 12, WEST LEA SUBDIVISION,
ABSTRACT 546, H.T.&B.R.R. COMPANY SURVEY (APPLICATION
NO. 1074) (MANVEL ROAD (FM 1128) NORTH OF BAILEY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
THOMAS HAYES, AGENT FOR ERASMO MEDINA, 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. 509-626 — 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 1.761 ACRES, W.D.C. HALL SURVEY, ABSTRACT
70(APPLICATION NO. 1072)(LIBERTY DRIVE SOUTH OF F.M. 518)
FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-
4) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAY
JAVADI, AGENT FOR DONYA, LLC., 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 3 of 9 —12/9/2002 7:30 p.m.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-627 — 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 AN ACCESSORY BUILDING WITH
THE STIPULATION THE SPECIFIC USE PERMIT WOULD EXPIRE
TWO YEARS AFTER APPROVAL OF THE SPECIFIC USE PERMIT
BY CITY COUNCIL IF CONSTRUCTION HAS NOT BEEN STARTED
ON THE ACCESSORY BUILDING ON THE FOLLOWING
PROPERTY, BEING 10.00 ACRES, ABSTRACT 234, H.T.B.R.R.
COMPANY SURVEY, TRACT 17(SPECIFIC USE NO. 119)(1833 MAX
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT -
SPECIFIC USE (SD -(S)) AT THE REQUEST OF JAN SUTTER AND
JILL KREMLING, 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-628 — 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 TEMPORARY STORAGE OF
GOODS WITH THE STIPULATION THAT THE DATES WILL BE
NOVEMBER 1ST TO JANUARY 31 ST OF THE SUBSEQUENT YEAR
AND WITH A TIME LIMIT 0 TWO YEARS, WHICH WILL EXPIRE ON
JANUARY 31, 2004, ON THE FOLLOWING PROPERTY, BEING LOT
11 THROUGH 19, BLOCK 14, OLD TOWNSITE (SPECIFIC USE NO.
118) (2335 N. TEXAS AVENUE) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT
SPECIFIC USE (C(S)) AT THE REQUEST OF PEARLAND
NEIGHBORHOOD CENTER, AGENT FOR THE CITY OF
PEARLAND, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
Page 4 of 9 — 12/9/2002 7:30 p. m.
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. 509-629 — 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 31 AND 32, SOMERSETSHIRE ESTATES, AS
RECORDED IN VOLUME 16, PAGE 283, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1075)(3203
EXCALIBURS COURT) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT BUSINESS DISTRICT (SDB) TO SINGLE FAMILY
DISTRICT (R-1) AT THE REQUEST OF THANH DAC NGUYEN,
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.
H. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 509-630 — 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 0.830 ACRES, ABSTRACT 505, H.T.& B.R.R. COMPANY
SURVEY, TRACT 6A (APPLICATION NO. 1076)(5024 LONGLEAF
DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE)
AT THE REQUEST OF ADRIEL SOTELO, 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.
Page 5 of 9 —12/9/2002 7:30 p.m.
J�
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1090 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING
THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 26 OF APPROXIMATELY 11.941 ACRES OF LAND.
Mr. Darrin Coker, City Attorney.
Councilmember Marcott asked that Consent Agenda Items A and B be removed from
the Consent Agenda for further discussion.
Councilmember Tetens asked that Consent Agenda Items C and E be removed from
the Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to
adopt Consent Agenda Items A through I, with the exception of items A, B, C, and E, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
MATTERS REMOVED FROM CONSENT AGENDA
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-623 - 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 THE
NORTH 80 FEET OF LOT 1 AND LOT 12, BLOCK G, PEARLAND TOWNSITE,
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 29, PAGE 41, OF
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE
APPLICATION NO. 120) (ORANGE STREET, BETWEEN GRAND AVENUE AND
PARK AVENUE) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB)
TO GENERAL BUSINESS DISTRICT (GB) SPECIFIC USE (GB(S)) FOR A TWO-
FAMILY DWELLING (DUPLEX) ON EACH LOT WITH THE STIPULATION IF
CONSTRUCTION IS NOT STARTED WITHIN TWO YEARS OF RECEIVING THIS
SPECIFIC USE PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE PERMIT
WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT, AGENT FOR
TOMMY S. DAWSON, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
Page 6 of 9 — 12/9/2002 7:30 p.m.
191
RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of
Community Services.
Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to
table Consent Agenda Item A to a future agenda, pending discussion concerning
drainage and sewer issues.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Seeger absent.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-624 — 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 BEING12.58
ACRES, J. CRAWLEY SURVEY, ABSTRACT 174, BEING ALL OF TRACT I
RECORDED UNDER FILE NUMBER 94-009151, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1071) (SHADOW CREEK RANCH WEST OF STATE
HIGHWAY 288) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST
OF GARY COOK -SHADOW CREEK RANCH DEVELOPMENT L.P., AGENT
FOR PEARLAND INVESTMENTS, L.P., 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.
Councilmember Tetens made the motion, seconded by Councilmember Owens, to
adopt Consent Agenda Item B, as presented on the Consent Agenda.
Councilmember Owens stated he would like more information conceming the property.
Gary Cook, Shadow Creek Ranch Development 2947 East Broadway, addressed
Council and reported the escrow did close on the sale of 48 acres for the hospital to
Hospital Corporation of America. Mr. Cook stated it was a cash purchase and the
amount could not be disclosed. He stated there would be a Hospital on the West side
located directly behind the monument off Highway 288. He further stated plans would
be submitted during January and the size of the facility is approximately 350 beds with
the ability to expand.
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Brief discussion ensued among Council, Gary Cook, and Staff concerning the project.
Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Marcott.
Voting "No" None, with Councilmember Seeger absent.
Motion Passed 4 to 0.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-627 — 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 AN ACCESSORY BUILDING WITH THE
STIPULATION THE SPECIFIC USE PERMIT WOULD EXPIRE TWO YEARS
AFTER APPROVAL OF THE SPECIFIC USE PERMIT BY CITY COUNCIL IF
CONSTRUCTION HAS NOT BEEN STARTED ON THE ACCESSORY
BUILDING ON THE FOLLOWING PROPERTY, BEING 10.00 ACRES,
ABSTRACT 234, H.T.B.R.R. COMPANY SURVEY, TRACT 17(SPECIFIC USE
NO. 119)(1833 MAX ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT -
SPECIFIC USE (SD -(S)) AT THE REQUEST OF JAN SUTTER AND JILL
KREMLING, 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 Viktorin, to
adopt Consent Agenda Item E, as presented on the Consent Agenda.
Councilmember Marcott stated he opposed the specific use permit on the first reading
and he would oppose it on the second and final reading.
Voting "Aye" Councilmembers Marcott, Owens, and Viktorin.
Voting "No" Councilmember Tetens.
Motion Passed 3 to 0, with Councilmember Seeger absent.
OTHER BUSINESS:
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i 9.1
Council adjourned into Executive Session under Texas Government Code at 10:11 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 — CONSULTING WITH . CITY ATTORNEY
REGARDING: LEGAL MATTERS SUBJECT TO ATTORNEY-CLIENT
PRIVILEGE — ZONING OF PROPERTY ALONG F.M. 518.
Mr. Darrin Coker, City Attorney.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:45 p.m.
COUNCIL ACTION — REGARDING LEGAL MATTERS SUBJECT TO ATTORNEY-
CLIENT PRIVILEGE — ZONING OF PROPERTY ALONG F.M. 518. Mr. Damn Coker,
City Attorney.
This item was passed with no Council action taken.
ADJOURNMENT
Meeting was adjourned at 10:46 p.m.
Minutes approved as submitted and/or corrected this 13th day of January A.D.,
2003. 0,
Tom Reid
Mayor
ATTEST:
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