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1992-04-20 CITY COUNCIL SPECIAL MEETING MINUTES42 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON APRIL 20, 1992, IMMEDIATELY FOLLOWING THE WORK- SHOP MEETING, IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:43 P. M. with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember Interim City Manager City Attorney City Secretary PURPOSE OF THE MEETING: CITIZENS: C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff Glen Erwin Lester Rorick Pat Jones 1. Frances Jamison, FM 518. Mrs. Jamison spoke about right-of- way and asked the City to give her an answer to her offer of settlement. 2. Dorothy Medearis, 4824 W. Broadway. Mrs. Medearis spoke about right-of-way, asking to be paid, and also spoke about left turn lanes at the intersection of John Lizer, Magnolia, and Hwy 35. 3. Cari Carter, 2509 Laura Lane. Mrs. Carter spoke about area traffic, proposed roads, and use of the taxpayer's money. 4. Vicky McRay, 1520 Westfield. Mr. McRay spoke in place of his spouse and asked when his yard would be put back in order from the recent sewer work and when his street would be paved. UNFINISHED BUSINESS ORDINANCE NO. 626, ANNEXING TERRITORY TO THE CITY OF PEARLAND, HARRIS COUNTY, TEXAS Councilmember Colson excused herself from the Chambers at this time. Ordinance No. 626 was read in caption by Councilmember Frank. (Second and final reading) It was moved by Councilmember Frank, seconded by Councilmember Wolff, that Ordinance No. 626 be passed and approved on second and final reading. Said Ordinance No. 626 reads in caption as follows: ORDINANCE NO. 626 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF PEARLAND, HARRIS COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING W SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDI- NANCES OF THE SAID CITY; AND CONTAINING A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Weber, Frank, Miller, and Wolff. Voting "No" - None. Motion passed 4 to 0 with Councilmember Colson absent from the Cham- bers. Councilmember Colson returned to the Chambers at this time. NEW BUSINESS DISCUSSION AND/OR COUNCIL DECISION ON REQUEST OF SHIRLEY AGUIRRE TO BUILD ACROSS THREE LOTS IN THE OLD TOWNSITE Mrs. Aguirre explained she was trying to obtain a building permit to build a residence across three lots in the old townsite but was pro- hibited by a State law which does not allow building across property lines. City Attorney Rorick advised the problem did not lie with State law but rather with the application of the City's zoning ordinance. He informed that the Planning and Zoning Commission believes that because of the way that lot lines are defined in the zoning ordinance and the setback lines occurring by reason of the lot lines that there is a prohibition to issuing a permit to go across the property line. The Planning and Zoning Commission also believes, Mr. Rorick continued, that the authority of the Zoning Board of Adjustment to grant a vari- ance stops at the lot line. There ensued a lengthy discussion regarding deed restrictions, the expensive and unwieldy process of amending plats, possible and future amendment of the zoning ordinance, and the possible and future amend- ment of the subdivision ordinance which would provide for a short form of amending a plat. In continued discussion, it was thought that the previous zoning ordinance, Ordinance No. 246, had a specific exclusion for the old townsite from these requirements and that, possibly, this exclusion was not incorporated into the revision of the zoning ordinance, Ordi- nance No. 509 which was enacted in 1986. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that we allow this construction to go forward and that the portion of the old zoning ordinance be re-enacted to permit the construction on the rest of these vacant lots in the old townsite. There followed another discussion in which Mayor Coppinger asked Planning and Zoning Commission Chairman Al Lentz who was present in the audience to address this issue. Mr. Lentz stated he had no prob- lem with the Council allowing a building permit to be issued but informed that when this procedure is used nothing is recorded at the courthouse and future problems may arise. Mr. Lentz expressed the desire that future occurrences such as this be addressed through the subdivision ordinance which will soon be amended and revised to allow for a short platting process. It was suggested the motion be amended to allow the building permit to r be issued to the Aguirre's with the amendment to the ordinance sepa- rated from the motion and revised on its own accord. The maker and seconder of the motion so agreed. Motion passed 5 to 0. DISCUSSION AND/OR AUTHORIZATION TO CONSTRUCT THREE BRIDGES TO ALLEVI- ATE TRAFFIC CONDITIONS IN THE CITY Councilmember Wolff referred to the workshop held just previous to the special meeting and moved that the City authorize the construction of 44 two bridges, concrete designed and meeting H2O specifications, with one on Mary's Creek adjacent to the City park and one on Clear Creek between Westminster and Country Club Drive. This motion was seconded by Councilmember Weber. Motion passed 5 to 0. PURCHASE OF LAND FROM FIRST NATIONAL BANK FOR WATER PLANT SITE Councilmember Wolff informed that the First National Bank has again offered the City a tract of land containing a little over three acres off of Barry Rose Road which, Mr. Wolff continued, is a very desirable site to meet future water supply needs for the area both north an( south of Clear Creek. The price asked by the bank is approximatel)--,; $17,157.80. Mr. Wolff proposed that this amount be taken from the collected impact fees. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that an offer of $17,000.00 even be made to First National Bank for the purchase of this land. In discussion, Mr. Tom Alexander, developer of land in this area, stated he felt a water well should not be constructed in the middle of a subdivision and stated his objection to this and admonished the Council to adhere to the zoning ordinance. There followed a lengthy discussion regarding zoning in the area. it was determined a specific use permit would have to be obtained to allow a water plant in this area and there followed an interchange of whether the City would have to obtain a specific use permit. It was discussed that this area has many residential sites in it. Councilmember Wolff stated he would withdraw the motion. Councilmember Miller stated he had seconded the motion because he believed there was a need for water in the area, the unused land on the water plant site could be used for a park, and the price of the land was good. Councilmember Miller withdrew his second. ADJOURN The meeting adjourned at 9:04 P. M. Mingles approved as submitted and/or corrected this '% day of A. D., 1992. -- ATTEST: City Secretar E Mayor