2003-05-12 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS~ HELD ON MAY 12, 2003, 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
Richard Tetens
Woody Owens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Tobin Maples; Executive Director of Economic Development
Corporation Fred Welch; Marketing Manager of Economic Development Corporation
Will Benson; Police Chief J. C. Doyle; City Engineer John Hargrove; Public Affairs
Liaison Lynn Munford; Director of Finanoe Mary Ross; Parks & Recreation Director
Thomas Grieve; Public Works Director Jerry Burns; Fire Marshal Steve Chapman;
Deputy Fire Marshal John Durham; Assistant Fire.Marshal Steve Norton; Purchasing
Officer Gordon Island; Project Director Joe Wertz; Assistant Police Chief Johnny Spires.
The invocation was given by Councilmember Viktorin and the Pledge of Allegiance was
led by Police Chief J. C. Doyle during the first meeting for May 12, 2003.
MAYOR'S ACTIVITY REPORT
Due to two Regular Council meetings for May 12, 2003, Activity Report was given
during the 7:00 p.m. meeting.
COUNCIL ACTIVITY REPORTS
Due to two Regular Council meetings for May 12, 2003, Activity Reports were given
during the 7:00 p.m. meeting.
CITY MANAGER'S REPORT
Due to two Regular Council meetings for May 12, 2003, Activity Report was given
during the 7:00 p.m. meeting.
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CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 509-650 - 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 HEAVY MACHINERY STORAGE AND REPAIR,
ON THE FOLLOWING PROPERTY 2.00 ACRES OUT OF A 5.00 ACRE TRACT
OF LOT 1, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 19, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243,
BRAZORIA COUNTY, TEXAS (8434 BROOKSIDE ROAD)(APPLICATION NO.
1094)(SPECIFIC USE NO. 126) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT - SPECIFIC
USE (C(S)) AT THE REQUEST OF JUSTIN BRANTLEY, 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.
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CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO. 509-651 - 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 .82
ACRES, BEING .37 ACRES AND .4497 ACRES, BOTH BEING A PART OF THE
H.T. & B. R.R. COMPANY SURVEY, A292 AND PART OF THE A.C.H. & B.
SURVEY, A-416, BRAZORIA COUNTY, TEXAS (5357 MAIN
STREET)(APPLICATION NO. 1095) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF ROBERT RIVAS, AGENT FOR LYNN D. WILLIAMS, 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 2 of 7-5/12/2003 7:30 p.m.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-652 - 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 5 ACRES OF TRACT 21, ALLISON RICHEY GULF COAST HOME
COMPANY SUBURBAN GARDENS, SECTION 8, H.T.& B.R.R. COMPANY
SURVEY, A-504, BRAZORIA COUNTY, TEXAS (2533 & 2537 ROY ROAD)
(APPLICATION NO. 1096) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF HOLLIS BARDWELL, 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 Map/es, Executive
Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL
READING OF ORDINANCE NO, 509-653 - 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 5.284
ACRES, JOHN W. MAXEY SURVEY, A-721, BRAZORIA COUNTY, TEXAS
(BROADWAY STREET @ SUNRISE BOULEVARD) (APPLICATION NO. 1100)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF SMITH MILLER,
LTD., 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 Map/es, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-654 - 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 ALL OF
LOTS 1-40, INCLUSIVE IN BLOCK 15, ALL OF LOTS 24-29, INCLUSIVE IN
BLOCK 16, AND ALL OF LOTS 20-25, INCLUSIVE IN BLOCK 14, IN THE
ORIGINAL TOWN SITE OF PEARLAND; AND .148 ACRE TRACT, ALL IN THE
H. T. & B. R.R. COMPANY SURVEY, A-232, BRAZORIA COUNTY, TEXAS
(4201 BROADWAY STREET) (APPLICATION NO. 1104) FROM
Page 3 of 7 - 5/12/2003 7:30 p.m.
CLASSIFICATION MULTI FAMILY DISTRICT (MF) AND GENERAL BUSINESS
DISTRICT (GB) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE
REQUEST OF KEVIN COLE, AGENT FOR JEROME KARAM, 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.
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CONSIDERATION AND POSSIBLE ACTION - SECOND AND .FINAL
READING OF ORDINANCE NO. 509-655 - 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 6.925
ACRES, TRACT I: BEING THE SOUTH 2 ACRES OUT OF LOT 36; AND
TRACT II, BEING 4.925 ACRES, OUT OF LOT 37, BOTH IN FIGLAND
ORCHARD SUBDIVISION NO. 1, SECTION 13, H. T. & B. R.R. COMPANY
SURVEY, A-240, BRAZORIA COUNTY, TEXAS (3054 HATFIELD
ROAD)(APPLICATION NO. 1102) FROM CLASS-IFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT
THE REQUEST OF JOHN S. POWELL, ATTORNEY, AGENT FOR IRA
WILLIAM (BILL) HUBBARD, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-656 - 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 5
ACRES, BEING THE NORTH ~ OF LOT OR TRACT NO. 36, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R;
COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS (ADAMO LANE)
(APPLICATION NO. 1098) FROM C LASSI FICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF RICHARD AND TERRY WEMHOFF, 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 - 5/12/2003 7:30 p.m. '_..
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF 'ORDINANCE NO. 509-657 - 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 36,
BLOCK 1, SOMERSETSHIRE ESTATES, H. T. & B. R.R. COMPANY SURVEY,
A-304, BRAZORIA COUNTY, TEXAS (9805 EXCALIBUR'S COURT)
(APPLICATION NO. 1099) FROM C LASSI FICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF DAVID A. AND DIANN R. GARDONI, 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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-658 - 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 5
ACRES, BEING THE SOUTH Y2 LOT OR TRACT NO. 36, ALLISON RICHEY
GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R.
COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS (ADAMO LANE)
(APPLICATION NO. 1101 ) FROM CLASSI FICATIO N SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MICHAEL V. JENKINS,
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 D/rector of Community Services.
Councilmember Owens made the motion, seconded by Mayor Pro-Tem Tetens, to'
adopt Consent Agenda Item A through I, with the removal of item F, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 5 of 7 - 5/12/2003 7:30 p.m.
MATTER REMOVED FROM CONSENT AGENDA
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING' OF ORDINANCE NO. 509-655 - 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 6.925
ACRES, TRACT I: BEING THE SOUTH 2 ACRES OUT OF LOT 36; AND
TRACT II, BEING 4.925 ACRES, OUT OF LOT 37, BOTH IN FIGLAND
ORCHARD SUBDIVISION NO. 1, SECTION 13, H. T. & B. R.R. COMPANY
SURVEY, A-240, BRAZORIA COUNTY, TEXAS (3054 HATFIELD
ROAD)(APPLICATION NO. 1102) FROM CLASS-IFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT
THE REQUEST OF JOHN S. POWELL, ATTORNEY, AGENT FOR IRA
WILLIAM (BILL) HUBBARD, 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.
Mayor Reid stated this item was declined during the 7:00 p.m. meeting.
NEW BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:30 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING PENDING LITIGATION- WASTEWATER TREATMENT
PLANT. Mr. Darrin Coker, City Attomey.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:14 p.m.
COUNCIL ACTION - REGARDING PENDING LITIGATION - WASTEWATER
TREATMENT PLANT. City Council.
This item was passed with no Council action taken.
Page 6 of 7 - 5/12/2003 7:30 p.m. '--.-.
OTHER BUSINESS:
None
ADJOURNMENT
Meeting was adjoUrned at 10:15 P.m.
Minutes approved as submitted and/or corrected this
2003.
ATTEST:
y Sec/..~ary v v
9th day of June
Tom Reid
Mayor
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