2004-11-01 CITY COUNCIL SPECIAL MEETING MINUTES--- MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 1, 2004, AT 6:30 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
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller and Executive Director of
Economic Development Corporation Fred Welch.
PURPOSE OF THE MEETING:
FIRST AND ONLY READING OF ORDINANCE NO. 509-742 — 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 AN 18.325
ACRE TRACT OF LAND IN THE T. D. YOAKUM SURVEY, ABSTRACT 399, AND THE
A.C.H. & B. SURVEY, ABSTRACT 147, BRAZORIA COUNTY, TEXAS, SAID TRACT
BEING DESCRIBED IN A DEED RECORDED IN CLERK'S FILE NO. 2004018266 IN
THE BRAZORIA COUNTY CLERK'S OFFICE (GENERALLY LOCATED ON THE
NORTH SIDE OF JOHN LIZER ROAD, AND EAST OF PEARLAND PARKWAY)
(APPLICATION NO. 1189) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST
OF CLARINDA ROBERTSON, APPLICANT FOR VIVIEN NAEVE, 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; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Ms. Lata Krishnarao,
Planning Manager.
Councilmember Owens made the motion, seconded by Councilmember Cole, to
approve Ordinance 509-742 on its first and only reading.
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City Manager Bill Eisen stated this item is regarding a proposed events center located
on the corner of John Lizer and Pearland Parkway. During the second reading of this
matter, a number of citizens came before Council to express some concern with regards
to the events center in a General Business zoning. A discussion ensued among
Council during the meeting as a result of the item. Council wanted to investigate the
feasibility of a Neighborhood Services rezoning for that area. Members of staff visited
with the owner of the property in order to get information on whether the rezoning of
Neighborhood Services would be agreeable. The City Attorney had a meeting with the
applicant and there are some comments at this time in regards to the rezoning of
Neighborhood Services and potential addition of a Specific Use Permit.
Mayor Reid commended Councilmember Cole for researching the zoning of
Neighborhood Services and suggesting this approach during the last meeting. Prior to
this approach, Council was concerned about the undesirable possibilities that could take
place with a General Business zoning. Council wanted to approach the zoning of the
property through a Planned Unit Development; however, the Neighborhood Services
zoning serves the same purpose. It will also help with the concerns that were
expressed by the citizens of the Rivermist Subdivision.
Councilmember Tetens stated the Neighborhood Services zoning does solve some of
the problems related to certain things, but there are other things that are not too
desirable in a Neighborhood Services rezoning. Some examples are an auto car wash,
service station, and new auto related issues. These things are not too desirable. There
is still a problem as related to the zoning of General Business.
Mayor Pro -Tem Viktorin stated he feels that this is a good compromise. It does not
solve the problem 100%, but it solves about 80% of the problem. He is willing to vote in
favor of the rezoning.
Councilmember Tetens stated he has some concerns with the Specific Use Permit
issuance regarding the outside bands/activities. If outside bands/activities in relation to
noise are permitted, then he feels this will cause some problems regarding the Noise
Ordinance.
Mayor Reid stated he thinks that the reputation of the individual who is working this
project is of quality. The project will be a quality project and will make all of us proud.
He gave some additional comments regarding an issue the City is currently having in
regards to a noise permit issuance. This problem is not solved at this time, thus
showing that outside music is not very well received in Pearland.
Councilmember Marcott asked if the Neighborhood Services rezoning is approved with
the Specific Use Permit, could Council amend the permit if things got out of hand.
City Attorney Darrin Coker stated Council could make amendments; however, the
owner of the property at that time would be grandfathered from whatever amendments
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are placed on the Ordinance.
Voting "Aye" Councilmembers Owens, Viktorin, Marcott, and Cole.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 6:46 p.m.
to discuss the following:
I. SECTION 551.074 — PERSONNEL MATTERS: CONDUCT INTERVIEWS
OF APPLICANTS FOR APPOINTMENT TO SERVE AS ASSOCIATE
MUNICIPAL COURT JUDGE. City Council.
Council returned from Executive Session at 8:00 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION — REGARDING APPOINTMENT TO SERVE AS ASSOCIATE
MUNICIPAL COURT JUDGE. City Council.
No Council action taken.
ADJOURNMENT
Meeting was adjourned at 8:01 p.m.
Minutes approved as submitted and/or corrected this the 22"d day of November ,
A.D., 2004.
Tom Reid
Mayor
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