2004-12-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
111 PEARLAND, TEXAS, HELD ON DECEMBER 13, 2004, 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-Tern Charles Viktorin
Councilmember Richard Tetens
Councilmember Woody Owens
Councilmember Larry Marcott
Councilmember Kevin Cole
City Manager Bill Eisen
City Attorney Darrin Coker
City Secretary Young Lorfing
Others in attendance. Deputy City Manager Alan Mueller, Executive Director of
Community Services Nick Finan, Executive Director of Economic Development
Corporation Fred Welch, Marketing Manager of PEDC Will Benson, Police Chief J C
Doyle, City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford, Director of
Finance Andrea Garner; Parks & Recreation Director Rhonda Cyrus, Deputy City
Attorney Nghiem Doan, Fire Marshal Steve Chapman, EMS Director Jeff Sundseth,
Purchasing Officer Gordon Island, Project Director Joe Wertz; and Senior Planner
Theresa Grahmann
Due to two Regular Council meetings for December 13, 2004, the Invocation was given
during the TOO p m meeting
MAYOR'S ACTIVITY REPORT- None
COUNCIL ACTIVITY REPORTS' None
CITY MANAGER'S REPORT None
CITIZENS. None
DOCKETED PUBLIC HEARING. None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-750 — 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
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CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2 00
ACRES OF LAND, MORE OR LESS, OUT OF LOT 43, OF FIGLAND
ORCHARD SUBDIVISION OF THE H T & B R.R. COMPANY SURVEY,
SECTION 13, ABSTRACT 240, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 77 OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF WAGON TRAIL ROAD, AND SOUTH OF
FITE ROAD) (APPLICATION NO. 1199) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MARY JONES, 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 Nick Finan, Executive Director of Community Services.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-751 — 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 2 50
ACRES OF LAND IN THE FIGLAND ORCHARD SUBDIVISION, ABSTRACT
240, H T & B R.R. COMPANY SURVEY, LOT 54 (GENERALLY LOCATED ON
THE EAST SIDE OF HARKEY ROAD, AND SOUTH OF FIGLAND STREET)
(APPLICATION NO 1201) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MARSHALL E AND EMMA
E. TEMPLE, 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 Nick Finan, Executive Director of Community Services.
C CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO 509-752 — 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 18 34
ACRES OF LAND SITUATED IN THE H T & B R.R. COMPANY SURVEY,
ABSTRACT 304, BEING A PORTION OF LOTS 38, 39, AND 40 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS
SUBDIVISION, SECTION 85 AS SHOWN ON PLAT RECORDED UNDER
VOLUME 2, PAGE 107 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS, AS DESCRIBED IN DEED AND RECORDED IN THE OFFICIAL
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PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS,
UNDER COUNTY CLERK'S FILE NO 2001 013638 AND 99 005373
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY
STREET), AND WEST OF MILLER RANCH ROAD (COUNTY ROAD 93))
(APPLICATION NO. 1188) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) AND COMMERCIAL DISTRICT (C) TO
GENERAL BUSINESS DISTRICT (GB) AND SINGLE FAMILY DWELLING
DISTRICT - SPECIFIC USE PERMIT (R-1(S)), A SPECIFIC USE PERMIT FOR
STORMWATER DETENTION FACILITIES AT THE REQUEST OF W C
PROPERTIES, 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 Nick Finan, Executive Director of Community
Services.
D CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO 509-753 - 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 2.00
ACRES, WILLETTS SUBDIVISION, ABSTRACT 70, W D C HALL SURVEY,
LOT 2, 2C, 2D, 2C1, 2D1, AND 2E, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND EAST OF HAMM ROAD) (APPLICATION NO
1200 & SPECIFIC USE PERMIT APPLICATION NO 138) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS
DISTRICT - SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT FOR
STORAGE AND MINI-WAREHOUSE, AT THE REQUEST OF ROBERT
MCCONNELL AND GJR INVESTMENT MANAGEMENT, INC , APPLICANT
FOR TEXAS NO 4, 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 Nick Finan, Executive Director of Community
Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 943-10 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2,
THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A
GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS
AND SAFETY IN PEARLAND, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE, PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION Mr Nick Finan, Executive
Director of Community Services.
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Councilmember Tetens made the motion, seconded by Mayor Pro-Tem Viktorirt, to
adopt Consent Agenda Items A through E with the exception of Item D, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens
Voting "No" None
Motion Passed 5 to 0
MATTER REMOVED FROM CONSENT AGENDA. None
NEW BUSINESS
Council recessed into Executive Session under Texas Government Code at 9.25 p m to
discuss the following
NEW BUSINESS (CONTINUED)
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY
Mr Darrin Coker, City Attorney •
2. SECTION 551 074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE CHARTER REVIEW COMMISSION AND
PLANNING AND ZONING COMMISSION Mr Darrin Coker, City Attorney
3. SECTION 551 071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING LEGAL MATTERS ASSOCIATED WITH CERTAIN CITY
CONTRACTS Mr Darrin Coker, City Attorney
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10 44 p m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY City Council
No Council action taken
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CHARTER REVIEW
COMMISSION AND PLANNING AND ZONING COMMISSION City Council
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No Council action taken regarding appointments to the Charter Review Commission
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
reappoint Ruby Sandars to the Planning & Zoning Commission with a term expiring
November 2007
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
reappoint Neil West to the Planning & Zoning Commission with a term expiring
November 2007
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
reappoint Sheryl Greiner to the Planning & Zoning Commission with a term expiring
November 2007
Voting "Aye" Councilmembers Marcott, Viktorin, and Tetens.
Voting "No" Councilmembers Cole and Owens.
Motion Passed 3 to 2
COUNCIL ACTION — REGARDING LEGAL MATTERS ASSOCIATED WITH CERTAIN
CITY CONTRACTS City Council
No Council action taken
ADJOURNMENT
Meeting was adjourned at 10 45 p m
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Minutes approved as submitted and/or corrected this the 10th day of January ,
A.D , 2005
Tom Reid
Mayor
ATTEST
•
Y ngL ,
Secretary
I
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