1998-05-11 CITY COUNCIL REGULAR MEETING MINUTES 7:30PM[1 4 ,I
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 11, 1998 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
Larry Wilkins
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
William Berger
Councilmember
Klaus Seeger
City Manager
Paul Grohman
Interim City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; City Engineer John Hargrove;
Director of Finance David Castillo; Public Works Director Jerry Burns; Procurement
Officer Gordon Island; and Project Specialist Ruby Perez.
CITIZENS: None
Mayor Reid with concurrence of Council moved to New Business Item No.1.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 835 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER 7 1/2,
ENTITLED "CORRIDOR OVERLAY DISTRICT", OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, CREATING A "CORRIDOR OVERLAY DISTRICT"
REGULATING THE USE OF LAND AND BUILDINGS WITHIN THREE HUNDRED FEET
(300') ON EITHER SIDE OF THE STREET RIGHT-OF-WAY ALONG PEARLAND
PARKWAY AND OILER DRIVE: CONTAINING DEFINITIONS; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVING CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO
SUBJECT.
Councilmember Berger made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 835 on its first reading.
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City Manager, Paul Grohman, stated that this is such a long document and he not sure
where to start answering questions. Therefore, he asked Council to start asking
questions on any particular areas that they may have concerns.
Mayor Reid has some concerns about the building set -backs.
City Manager, Paul Grohman, said that the set -back is beyond the right-of-way. There
was further discussion regarding paved surfaces, right-of-ways and sidewalks.
Councilmember Berger asked for Council's opinion on building materials and the color
scheme. He further stated that was an very important area that he would like for Council
to approve the list of approved colors.
City Manager, Paul Grohman, that it would be great for Council to approve a palette of
colors. If someone is requesting something outside the range it would not be approved.
There was further discussion regarding shades that would be on the palette of colors.
Planning and Development Director, Dennis Smith, discussed the various types of
building materials that will be allowed.
City Manager, Paul Grohman, stated that as far as the ordinance goes there is no
variance in the color or type of material to be used. There was further discussion
regarding different types of wall coverings. Mr. Grohman stated that a color palette will
be presented to Council for their approval on the ordinance's second and final reading.
Mayor Reid stated that it is a good ordinance if we do not start granting a lot of
variances.
City Manager, Paul Grohman, reaffirmed that no variances will be granted.
Mayor Reid called for the vote on Ordinance No. 835 pursuant to the previous motion.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
Mayor Reid with concurrence of Council moved back to Unfinished Business.
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UNFINISHED BUSINESS:
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-205
(Application No. 273) and Ordinance No. 509-206 (Application No. 232) could be acted
upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-205 - 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 BEING AN 0.8672 AC. TRACT OUT OF A 1.555 AC. TRACT
OF THE S.W. CORNER OF LOT 32, ALLISON-RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 9 OF THE H.T. & B.R.R. CO. SURVEY, A-234, ACCORDING TO
THE PLAT AS RECORDED IN VOL. 2, PG. 34, BRAZORIA CO., TX (NOT ASSIGNED)
(APPLICATION NO. 273) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JIM YOUNGER,
AGENT, FOR JUI-LIEN CHOU & MING TAO HO, 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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-206 - 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 BEING 15,000 SQUARE FT. OUT OF THE SE CORNER OF
LOT "A", WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47 & 48,
THE ALLISON RICHEY GULF COAST HOME SUBDIVISION, SEC. 19, H.T. & B.R.R.
SURVEY, A-243, RECORDED IN VOLUME 16, PG 220, BRAZORIA COUNTY, TX
(APPLICATION NO. 232) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF EMMA E. COLLIE,
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.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to
approve Ordinance No. 509-205 (Application No. 273) and Ordinance No. 509-206
(Application No. 232) on their second and final reading.
Mayor Reid called for the vote on Ordinance 509-205 (Application No. 273) pursuant to
the previous motion.
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Voting "Aye" Councilmembers Seeger, Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 232).
Mayor Reid called for the vote on Ordinance 509-206 (Application No. 232) pursuant to
the previous motion.
Voting "Aye Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 509-209 - 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 BEING LOT 1, BLOCK 1, OF BUENA VIDA SUBDIVISION
IN THE H.T. & B.R.R. SURVEY, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 252)
(6315 CANTU RD.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF EUDOCIO & LILY
HERNANDEZ , 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.
Councilmember Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-209 (Application No. 252) on its second and final reading.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-210
(Application No. 281) and Ordinance No. 509-211 (Application No. 272) could be acted
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upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-210 -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 BEING LOT 5, BLOCK 4, COLONIAL ESTATES, A
SUBDIVISION IN BRAZORIA CO., TX ACCORDING TO THE PLAT AS RECORDED ON
VOL. 9, PG. 123-124, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 281) (3632 LEE LN) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF PAT LOPEZ, AGENT FOR DWAYNE & JEANNE LUM, 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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-211 -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 BEING TWO ACRES, MORE OR LESS, OUT OF LOT 8,
BEING THE S.E. 1/4 OF THE N.W. 1/4, H.T. & B. R.R. CO. SURVEY, SECTION 14, A-509,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 272) (6313 PATRIDGE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF TOMMY & BONNIE PAGE, 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.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins to
approve Ordinance No. 509-210 (Application No. 281) and Ordinance No. 509-211
(Application No. 272) on their second and final reading.
Mayor Reid called for the vote on Ordinance 509-210 (Application No. 281) pursuant to
the previous motion.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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Mayor Reid called for the vote on Ordinance 509-211 (Application No. 272) pursuant to
the previous motion.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-212
(Application No. 253) and Ordinance No. 509-213 (Application No. 251) could be acted
upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-212 -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 BEING LOT 13, SHARONDALE SUBDIVISION, A 0.76 ACRE
PARCEL OUT OF THE 10 ACRE UNRECORDED SUBDIVISION IN THE SOUTH 1/20F
THE NE 1/4 OF THE SSE 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546,
BRAZORIA COUNTY, TEXAS (APPLICATION NO.253) (6022 SHARONDALE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF ARMANDO & ANA CRESPO,
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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-213 -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 BEING ONE ACRE, MORE OR LESS, OUT OF LOT 8, BEING
THE SE 1/4 OF THE NW 1/4 OF H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509,
BRAZORIA CO., TX (APPLICATION NO.251) (6315 PATRIDGE) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF WILLIAM M. MILLER, JR., 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.
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Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-212 (Application No. 253) and Ordinance No. 509-213
(Application No. 251) on their second and final reading.
Mayor Reid called for the vote on Ordinance 509-212 (Application No. 253) pursuant to
the previous motion.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on Ordinance 509-213 (Application No. 251) pursuant to
the previous motion.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-214
(Application No. 249) and Ordinance No. 509-215 (Application No. 248) could be acted
upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-214 -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 BEING 1.52 AC. SITUATED IN A 10 AC. TRACT IN THE
SOUTH '/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G. C. SMITH
SURVEY, SECTION 16, A-546, BRAZORIA CO., TX (APPLICATION NO. 249) (6011
SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF, SAM MCCOY,
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.
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SECOND AND FINAL READING OF ORDINANCE NO. 509-215 -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 BEING 1.52 ACRES IN A 10 AC. TRACT IN THE SOUTH 1/2
OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G. C. SMITH SURVEY,
SECTION 16, A-546, BRAZORIA CO., TX. (APPLICATION NO. 248) (6009
SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF, GUY SWEET,
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.
Councilmember Berger made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-214 (Application No. 249) and Ordinance No. 509-215
(Application No. 248) on their second and final reading.
Mayor Reid called for the vote on Ordinance 509-214 (Application No. 249) pursuant to
the previous motion.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
r--, Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid called for the vote on Ordinance 509-215 (Application No. 248) pursuant to
the previous motion.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 9:37 p.m.
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Minutes approved as submitted and/or corrected this the 8th day of June, A.D., 1998.
ATTEST:
.==-j
Tom Reid
Mayor
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