2006-12-11 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 11, 2006, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 11:51 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Richard Tetens
Kevin Cole
Felicia Kyle
Steve Saboe
Bill Eisen
Darrin Coker
Young Lorfing
Absent: Councilmember Helen Beckman.
Others in attendance: Jon Branson Parks and Recreation Director; Doug Kneupper City
Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan
Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance
Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of
Economic Development Corporation.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 2000M-23 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 0.459 ACRES OF LAND, OR 20,000 SQUARE FEET, BEING
CUT OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK
17, SECTION 3, WEST LEA SUBDIVISION, AS RECORDED IN
VOLUME 12, PAGE 23, OF THE BRAZORIA COUNTY PLAT
RECORDS, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF FM 1128 (MANVEL ROAD), AND
ON THE SOUTH SIDE OF HERON LANE), (ZONE CHANGE
APPLICATION NO. 2006-33Z), FROM SUBURBAN RESIDENTIAL —
15 DISTRICT (SR -15) TO GENERAL BUSINESS RETAIL DISTRICT
(GB), AT THE REQUEST OF GARY FORREST, APPLICANT FOR
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MURIEL A. FORREST, OWNER, PROVIDING FOR AN AMENDMENT
OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Assistant City Manager.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-25 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 37.39 ACRES TOTAL; 7.814 ACRES OF LAND LOCATED IN
THE OBEDIAH PITTS SURVEY, ABSTRACT 717, THE T.C.R.R.
COMPANY SURVEY, SECTION 4, ABSTRACT 675 AND THE
DUPUY & ROBERTS SURVEY, ABSTRACT 726, BEING THE
RESIDUE OF LOT 2 AND THE EAST 1/2 OF LOT 1, BLOCK 10, OF
THE ALLISON-RICHEY GULF COAST HOME COMPANY'S PART OF
SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME
2, PAGE 99, OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS; AND 29.583 ACRES OF LAND LOCATED IN THE T.C.R.R.
COMPANY SURVEY, SECTION 4, ABSTRACT 675, AND THE
DUPUY AND ROBERTS SURVEY, ABSTRACT 726, AND BEING A
PORTION OF LOT 3, LOT 4, AND LOT 5, BLOCK 10, OF THE
ALLISON-RICHEY GULF COAST HOME COMPANY'S PART OF
SUBURBAN GARDENS, A SUBDIVISION OF RECORD IN VOLUME
2, PAGE 99, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY
288 AND SHADOW CREEK PARKWAY), (ZONE CHANGE
APPLICATION NO. 2006-37Z), FROM BUSINESS PARK DISTRICT —
288 (BP -288) TO PLANNED DEVELOPMENT DISTRICT (PD), AT
THE REQUEST OF GULF COAST COMMERCIAL AND PATRICK
EGAN, APPLICANT FOR STROUHAL TIRE, DONNIE STROUHAL,
NANCY S. MACHA, AND GENE STROUHAL, OWNERS, PROVIDING
FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Nick Finan, Assistant City Manager.
Page 2 of 6 — 12/11/2006 — 7:30 p.m.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-26 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 127.6954 ACRES TOTAL, DESCRIBED AS: 88.6991 ACRES,
OUT OF LOTS 6, 7, AND 8; 9.00 ACRES OUT OF LOT 3; 5.00
ACRES OUT OF LOT 4; 5.00 ACRES OUT OF LOT 3; 5.00 ACRES
OUT OF LOT 3; 5.00 ACRES OUT OF LOT 4; ALL OF THE JAMES
HAMILTON SURVEY; 9.9963 ACRES SITUATED IN THE DAVID
WHITE (ASSIGNEE OF JAMES HAMILTON) SURVEY, ABSTRACT
881, HARRIS COUNTY, TEXAS, BEING A PORTION OF THAT
CERTAIN 15 ACRE TRACT OF LAND RECORDED IN VOLUME
2309, PAGE 695, OF THE DEED RECORDS OF HARRIS COUNTY,
TEXAS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS
(GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
STATE HIGHWAY 288 AND BELTWAY 8), (ZONE CHANGE
APPLICATION NO. 2006-39Z), FROM PLANNED DEVELOPMENT
DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN
AMENDMENT TO THE EXISTING PLANNED DEVELOPMENT
DISTRICT (PD), AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, INC., APPLICANT FOR PEARLAND LIFESTYLE
CENTER, LP, OWNER, PROVIDING FOR AN AMENDMENT OF THE
ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Assistant
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 943-13 — 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, Assistant City
Manager.
Page 3 of 6 — 12/11/2006 — 7:30 p.m.
E. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 1316 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, GRANTING A VARIANCE
REQUEST FOR THE ISSUANCE OF BUILDING PERMITS AND
CERTIFICATES OF OCCUPANCY FOR A PROPOSED MIXED USE
DEVELOPMENT. Mr. Bill Eisen, City Manager.
Mayor Pro -Tem Tetens asked that Consent Agenda Item E be removed from the
Consent Agenda for further discussion.
Councilmember Kyle asked that Consent Agenda Item A be removed from the Consent
Agenda for further discussion.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to adopt
Consent Agenda Items A through E with the exception of item A and E, as presented on
the Consent Agenda.
Voting "Aye" Councilmembers Saboe, Tetens, Kyle, and Cole.
Voting "No" None, with Councilmember Beckman absent.
Motion Passed 4 to 0, with Councilmember Beckman absent.
MATTERS REMOVED FROM CONSENT AGENDA
Consent Agenda Item A, Ordinance No. 2000M-23, failed at the Regular Meeting held
at 7:00 p.m. The item was removed from the Consent Agenda at the request of
Councilmember Kyle with no action taken by Council.
A. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF
ORDINANCE NO. 2000M-23 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 0.459 ACRES OF LAND, OR 20,000 SQUARE FEET, BEING
CUT OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK
17, SECTION 3, WEST LEA SUBDIVISION, AS RECORDED IN
VOLUME 12, PAGE 23, OF THE BRAZORIA COUNTY PLAT
RECORDS, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF FM 1128 (MANVEL ROAD), AND
ON THE SOUTH SIDE OF HERON LANE), (ZONE CHANGE
APPLICATION NO. 2006-33Z), FROM SUBURBAN RESIDENTIAL —
Page 4 of 6 — 12/11/2006 — 7:30 p.m.
15 DISTRICT (SR -15) TO GENERAL BUSINESS RETAIL DISTRICT
(GB), AT THE REQUEST OF GARY FORREST, APPLICANT FOR
MURIEL A. FORREST, OWNER, PROVIDING FOR AN AMENDMENT
OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Assistant City Manager.
As requested by Mayor Pro -Tem Tetens, Consent Agenda Item E was removed for
further discussion.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1316 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING
A VARIANCE REQUEST FOR THE ISSUANCE OF BUILDING
PERMITS AND CERTIFICATES OF OCCUPANCY FOR A
PROPOSED MIXED USE DEVELOPMENT.
Mr. Bill Eisen, City Manager.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 1316.
City Manager Bill Eisen stated this item was approved earlier on its first reading.
Mayor Pro -Tem Tetens stated he pulled the item because he is against it and will vote
against it.
Councilmember Kyle stated she will refer to her comments in the previous meeting and
will vote against the item.
Voting "Aye" Councilmembers Saboe and Cole.
Voting "No" Councilmembers Kyle and Tetens.
In order to break the tie vote, Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Beckman absent.
Page 5 of 6 — 12/11/2006 — 7:30 p.m.
NEW BUSINESS
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 11:56 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12:27 a.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City
Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 12:28 p.m.
Minutes approved as submitted and/or corrected this the 8th day of January, A.D.,
2007.
Tom Reid
Mayor
ATTEST:
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