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2003-12-08 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 8, 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 Tom Reid Mayor Pro -Tem Richard Tetens Councilmember Woody Owens Councilmember Klaus Seeger Councilmember Larry Marcott City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Charles Viktorin. Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Parks & Recreation Director Thomas Grieve; Public Works Director Jerry Burns. The invocation was given by Mayor Pro -Tem Richard Tetens, and the Pledge of Allegiance was led by James Eagan of Troop #464 during the first meeting for December 8, 2003. MAYOR'S ACTIVITY REPORT Due to two Regular Council meetings for December 8, 2003, Activity Report was given during the 7:00 p.m. meeting. COUNCIL ACTIVITY REPORTS Due to two Regular Council meetings for December 8, 2003, Activity Reports were given during the 7:00 p.m. meeting. CITY MANAGER'S REPORT Due to two Regular Council meetings for December 8, 2003, Activity Report was given during the 7:00 p.m. meeting. Page 1 of 5 — 1 2/08/2003 7:30 P.M. CITIZENS Michael Klaus, 5016 Groveton, addressed Council and stated he has been attending the Citizens Code Advisory Committee. He stated his neighborhood is currently experiencing some difficulties with living in Pearland. A few of his neighbors are moving to different areas of town and shopping outside of Pearland. He stated a comment from one of the committee members was made after one of the meetings regarding the committee not knowing what they were doing, but they were doing a lot. He stated a plan should be given to the Committee, and they should be given information regarding things taking place within the community. He asked Council about the proposed shopping mall for SH 288. He stated the Shadycrest Low Impact Development Plan for the Subdivision should be modeled throughout future developments in Pearland. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-683 — 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 2 AND LOT 3, DETENBECK AND BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS (5905 BARDET STREET) (APPLICATION NO. 1134) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF DARLA LYNN HOGGARD, AGENT FOR BERTA HALES, 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. 509-684 — 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 WEST 5.00 ACRES OF LOT 45 OF THE H.T. & B.R.R. COMPANY SURVEY, SECTION 20, ABSTRACT 506, BRAZORIA COUNTY, TEXAS (NORTHEAST CORNER OF FM 518 AND HILLHOUSE ROAD) (APPLICATION NO. 1133) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF SILVER PEAR 518 Page 2 of 5 —12/08/2003 7:30 P.M. BUSINESS PARK, AGENT FOR LAURENCE D. VINCENT, 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. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-685 — 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 23 AND LOT 24, BLOCK 3, WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE) (APPLICATION NO. 1135) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, 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. 509-686 — 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 20 AND LOT 21 OF THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (1729 E. BROADWAY STREET) (SPECIFIC USE APPLICATION NO. 129) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT — SPECIFIC USE (C(S)) AT THE REQUEST OF ROBERT BURNHAM, AGENT FOR FOUR SEASONS SELF STORAGE AT BROADWAY DIXIE, 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. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1142 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 OF 29.99 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Page 3 of 5 — 12/08/2003 7:30 P.M. Mayor Reid asked that Consent Agenda Item C be removed from the Consent Agenda, due to Item C being tabled during the first meeting. City Attorney, Darrin Coker, stated Item D would have an addition to the Specific Use requirements. The addition is for a variance of a 5 foot set back. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Tetens, to adopt Consent Agenda Items A through E, with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS Council adjourned into Executive Session under Texas Government Code at 9:01 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. 2. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES. Mr. Darrin Coker, CityAttomey. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:25 p.m. COUNCIL ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. City Council. Page 4 of 5 — 1 2/08/2003 7:30 P.M. Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Owens, to appoint Don Glen to the Zoning Board of Adjustments and Neil West to the Planning and Zoning Commission. Voting "Aye" Councilmembers Owens, Tetens, Marcott, and Seeger Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. COUNCIL ACTION — REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:26 p.m. Minutes approved as submitted and/or corrected this 12th day of January A.D., 2004. Tom Reid Mayor ATTEST: Page 5 of 5 — 12/08/2003 7:30 P.M.