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1986-10-27 CITY COUNCIL REGULAR MEETING MINUTESMMM OF A FLF'QILAR NtEETING OF THE CITY CMWM OF THE CITY OF PTARLAM, TEXAS, HELD ON OCTOBER 27, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARI.AND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Charles Mack James Bost Richard Tetens Stella Roberts Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge was led by Planning and Zoning Commission Chairman Leroy Savoie. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the minutes of the Regular Meeting of October 13, 1986, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the minutes of the Special Meeting of October 20, 1986, be approved as submitted. Motion passed 4 to 0. Councilmember Bost abstained. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the minutes of the Joint Public Hearing of October 20, 1986, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY SORT: Mayor Reid passed this item until later in the agenda. Councilmember Roberts reminded everyone that they were invited to the Clean Pearland Annual Meeting this Wednesday evening in the Library Room at the Community Center at 7:30 P. M. Councilmember Bost reported that a Sign Ordinance workshop is scheduled for this Tuesday at 7:30 P. M. in the Council Chambers. .kill *44 City Attorney Luke Daniel reported the Federal Aviation Administration in Ft. Worth had not made a determination concerning the street in question in the Pearlanc Pavilion Subdivision; therefore, he would recommend that Item No. 1 under Unfinished Business be left on the table until a future agenda. VA D 1. James A. Wood, 2005 Sleepy Hollow. Mr. Wood appeared before Council represent- ing a group of landowners of approximately 200 acres of undeveloped land in the Allison -Richey Gulf Coast Homes Subdivision, Section G, Thomas J. Green Survey. The southeast boundary of this subdivision adjoins the northwest boundary of the Green Tee Terrace Subdivision. These landowners would like to petition to be annexed by the City of Pearland. It was mentioned to Mr. Wood that the City would consider this request in a workshop at a future date. 2. James Hughes, 3413 Robinson. Mr. Hughes had signed to appear before the Council to discuss some items concerning the Joint Public Hearing held on October 20, 1986. Mr. Hughes was advised that since the hearing was closed, no further testimony would be heard. DOCKETED PUBLIC HEARINGS: None UNFMSHED BUSINESS MOTION TO REMOVE FROM TABLE COUNCIL ACCEPTANCE OF PEARLANA PAVILION AND CITY ACCEPTANCE OF SAID SUBDIVISION Upon the recommendation of the City Attorney, this item will remain on the table until a future agenda. NEW BUSINESS COUNCIL DECISION ON REQUEST BY JACK W. AND ALICE L. R[)MFIED FOR SPECIFIC USE PERMIT FOR A CHILD CARE FACILITY IN AN R-2 DISTRICT Mayor Reid read into the records the following letter from Leroy Savoie, Chairman of the Planning and Zoning Commission: October 23, 1986 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At the Regular Meeting of October 20, 1986, the Planning and Zoning Commission considered and approved the request for a Specific Use Permit in an R-2 District by Jack W. and Alice L. Rumfield, to conduct child care activity at 1134 Union Valley, Lots 3 and 4, Block 1, Twin Creek Woods Subdivision. After a brief discussion regarding deed restrictions, zoning and State regulations, Carlton Baker made a motion to recommend to City Council approval of the Specific Use Permit to conduct child care in an R-2 District provided Jack and Alice Rumfield remain the owners and managers, the number of children cared for is limited to six (6) and no signs are used for advertisement purposes. Jack Tyler seconded the motion. Motion passed with 3 ayes and 1 no. Leroy Savoie voted against. The Planning and Zoning Commission is presenting this for Council's consideration. Sincerely, /s/ Leroy Savoie Chairman, Planning and Zoning Commission LS/dl It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the request by Jack W. and Alice L. Rumfield for specific use permit for a child care facility in an R-2 District be denied. Motion passed 5 to 0. ORDINANCE N0. 509-66, ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 4, ANN SFEVER, AGENT FOR KEITR LO6EE, OWNER Ordinance No. 509-6 read in caption by Councilmember Frauenberger. (First Reading) 42 It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 509-6 be passed and approved on the first of two readings. Said Ordinance No. 509-6 reads in caption as follows: AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CON- TAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R86-27, RESOLUTION RATIFYING CERTAIN TRAFFIC CONTROL DEVICES IN CITY; FOUR NO PARKING SIGNS ON PARK AVENUE, ONE STOP SIGN ON WO01CREEK DRIVE AT CRANE Resolution No. R86-27 read in its entirety by City Attorney Luke Daniel. It was moved by Councilmember Bost, seconded by Councilmember Mack, that Resolution No. R86-27 be passed and approved on the first and only reading. Said Resolution No. R86-27 reads in caption as follows: RESOLUTION NO. R86-27 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. AUTBORIZATION FDR STAFF TO PREPARE FOR COUNCIL CONSIDERATION AN ORDINANCE AMENDMENT RELATING TO THE SALE OF AIMULIC BEVERAGES IN THE CITY LIMITS There was a general discussion between members of Staff and Council concerning the need for the adoption of regulations pertaining to the sale of alcoholic beverages within the City. The issue of adult bookstores was also discussed. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that the Staff be directed to pursue the preparation of ordinances relating to the sale of alcoholic beverages within the City and any other matters that are closely related to the liquor issues, such as adult bookstores, and bring these back to Council for their consideration. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Estimate No. 1, Gehring Construction Company„ for Sanitary Landfill Pit Excavation and Lining, in the amount of $20,958.75 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 13, G. R. Grier, Inc. for Expansion of Barry Rose and Longwood W.W.T. Fac. and Twin Creek Woods Lift Station, in the amount of $200,717.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Invoice No. 9453, Dansby & Miller, Architects, for Inspection Services on New r0 -- 43 City Hall, in the amount of $6,919.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (d) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Contractor's Application for Payment No. Five, LOSCO, Inc. for Construction of New City Hall in the amount of $514,899.05 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (e) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Estimate No. 3, Final, Tennis Tech, Inc., for Surface Preparation and Painting of Independence Park Tennis Courts and Basketball Courts, in the amount of $1,843.20 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (f) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice dated October 21, 1986, Walsh Engineering, Inc. for Professional Services Rendered in Survey and Construction of Drainage Outfalls Associated with the State Highway Department's F.M. 518 Widening Project: Intersection Improvements on Old Alvin Road and Walnut -Barry Rose Road, in the amount of $4,358.29 be approved and payment made from the appropriate funds. Motion passed 5 to 0. • •'• 1 1ISI • ill I:1�1• • • Iit iam 1► %*l • 1 LAI/• P1�1 MSI• • It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that James K. Garner be appointed to fill the unexpired term created by the resignation of Al Klosterman as a member of the Planning and Zoning Commission. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Mr. Garner. OTTER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:39 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S., and (2) Houston Helicopter vs. Feldman Interests. - SUBSECTION (g) PERSONNEL - (1) Discussion of Appointment to Fill Vacancy on Zoning Board of Adjustment. �ia�Ml�: :+apt ;;i►iar t• •,1�i� `1�.'�. •�► � • ++�1 1� I�c�a�� The meeting adjourned at 9:15 P. M. Minutes approved as submitted and/or corrected this / 40 day of ATTEST: City S retary A. D., 1986. ✓Y 4L - Mayor