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1985-06-10 CITY COUNCIL REGULAR MEETING MINUTESIn MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 10, 1985, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Pro Tem James Bost Councilman Richard Tetens Councilman Dennis Frauenberger Councilman Terry Gray City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the meeting: Mayor Tom Reid and Councilman Al Lentz INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Pro Tem James Bost. The Pledge of Allegiance was led by Councilman Dennis Frauenberger. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Tetens, that the Minutes of the Regular Meeting of May 28, 1985, be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Gray, seconded by Councilman Tetens, that the Minutes of the Public Hearing of June 3, 1985, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Mr. John S. Hallmark, 6410 Rice Road, Pearland, appeared before the Council and pre- sented a petition signed by 42 residents of the Herridge Miller Subdivision asking that they be exempt from the capital maintenance and recovery fees by a "Grandfather Clause" as they existed prior to annexation. Mr. Hallmark also questioned whether the grandfather clause applied to the zoning as well. He was told that all newly annexed areas were zoned Pre -Development and any existing commercial businesses in the proposed residential zoning could remain so, but in a non -conforming use. Mayor Pro Tem Bost informed Mr. Hallmark that the questions concerning the capital mainte- nance and recovery fees would be discussed in a forthcoming Council workshop meeting. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 143 - Ron Slank, Agent for Marvin F. Primrose, Owner, from Classification Planned Unit (PU) to Commercial (C) on Lot or Tract No. 51 of the Subdivision of Section 6, H.T.& B.R.R. Company Survey, A-544 (14516 Hatfield Road) PERSON WISHING TO SPEAK FOR THE PROPOSED CHANGE: 1. Ron Slank, 6035 W. Broadway, Pearland, managing partner of Ron Carter Chevrolet, explained that he was the proposed purchaser of the property with plans to expand his service operations in terms of storage, medium duty truck center, trim shop and possible body shop. 2. Morris Hardcastle, 2403 Kay Avenue, Pearland, distributed to Council a site map 71 that was color -coded showing the sgrroundin5 property being already zoned or used as Commercial. 3. Marvin Primrose, current owner of the property, also stated that the surrounding area is being used as commercial and said he had a "willing buyer" and he was a "willing seller." 4. Bunny Williamson, 3504 Dixie Farm Road, Pearland 5. Frances Jamison, 2417 E. Broadway, Pearland PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Pro Tem Bost read a letter from the Planning and Zoning Commission dated May 24, 1985, as follows: May 24, 1985 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At the special meeting of May 21, 1985, the Planning and Zoning Commission considered the request of Marvin F. Primrose, Owner, Ron Stank, Agent, for an amendment to the Land Use and Urban Development Ordinance, Application No. 143 from classification Medium Density Single Family Dwelling District (R-2) to Commercial (C). Motion was made by Clyde Starns to approve corrected Application No. 143, correction being from classification Planned Unit (PU) to Commercial (C). Motion was seconded by Al Klosterman to approve the corrected Application No. 143. Motion passed 5-0. The Planning and Zoning Commission is presenting this for Council's consider- ation. Sincerely, /s/ Leroy Savoie Acting Chairman Planning and Zoning Commission LS/vc ADJOURN: COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARY'S OFFICE CHANGE IN ORDER OF BUSINESS: NEW BUSINESS COUNCIL DECISION ON APPLICATION NO. 143, RON SLANK, AGENT FOR MARVIN F. PRIMROSE, OWNER It was moved by Councilman Gray, seconded by Councilman Tetens, that the City Attorney be instructed to prepare the necessary ordinance for Application No. 143, Ron Slank, Agent for Marvin Primrose, Owner, for a zone change from Planned Unit to Commercial. Motion passed 4 to 0. DOCKETED PUBLIC HEARINGS: (continued) 2. LAND USE CHANGE APPLICATION NO. 144 - Ronald Hausman, Agent for Charles T. Corwin, Pat R. Green, James A. Kent and Larry B. Williams, Owners from Classification Medium Density Single Family Dwelling District (R-2) to Office and Professional (OP) on 16.5802 acres of land out of the Thomas J. Green Survey, A-198, and Being 72 Out of the Northwesterly Part of that Certain 25.117 Acre Tract Described in Deed Dated April 11, 1952, from Marion A. Bailey et vir to Jeannie J. Settegast Recorded in Vol. 532, Pg. 506, Brazoria County Deed Records. (South of F. M. 518, East of Church at Westminister Drive) PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: 1. Vic Coppinger, 2111 N. Galveston, Pearland, explained he was an agent with Ronald Hausman and they have entered into a contract to purchase the 16 acres of land. They have in mind to develop what they feel is most compatible with the church and neighborhoods that are on the west side of the property. They feel this proposed development is most appropriately located because Stratford Street will be extend- ed through it and will eventually connect into Liberty Drive and what they have planned for this area will become part of the "Civic Center Development" that is taking place on Liberty Drive along with the Chamber of Commerce and schools in the area. They do not have any interest in opening up Nottingham Street and plan to have traffic funnel directly off of F. M. 518 to get to the proposed develop- ment. 2. Bunny Williamson, 3504 Dixie Farm Road, Pearland, wanted the record to show she has changed her mind since the Planning and Zoning hearing and is now in favor of the zone change. 3. Leah Bateman, 3205 Nottingham, Pearland, questioned that if Nottingham was not go- ing to be extended could a cul-de-sac be put in at the end of it. 4. Frances Jamison, 2417 E. Broadway, Pearland, believes Mr. Coppinger's proposal is a good one. 5. Theta Cessac, 3302 Nottingham, Pearland, believes Mr. Coppinger's proposed develop- ment will be extremely beneficial and creditable to Pearland. 6. Billye Arcemant, 3414 Meadowville, Pearland, believes Mr. Coppinger's development would be an excellent opportunity for the residents of Pearland. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: 1. Carl Richardson, 2902 Stratford, Pearland, stated he has problems with the guar- antees - once the property is zoned Office and Professional, it could be developed in a lot of other ways. QUESTION AND ANSWER PERIOD: The question concerning the cul-de-sacing of Nottingham Street was discussed. It was brought out that if this was to happen, it would involve the replatting of the lots at the end of Nottingham. Mayor Pro Tem Bost read a letter from the Planning and Zoning Commission dated May 24, 1985, as follows: May 24, 1985 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At the special meeting of May 21, 1985, the Planning and Zoning Commission consid- ered the request of Charles T. Corwin, Pat R. Green, James A. Kent and Larry B. Williams, Owners, Ronald Hausman, Agent, for an amendment to the Land Use and Urban Development Ordinance from classification Medium Density Single Family Dwelling District (R-2) to Office and Professional (OP). Motion was made by Clyde Starns to approve as submitted Application No. 144 from classification Medium Density Single Family Dwelling District (R-2) to Office and Professional (OP). Motion was seconded by Al Klosterman. Motion passed 3-2 (Charles Mack and Carlton Baker were opposed). 73 The Planning and Zoning Commission is presenting this for Council's consider- ation. Sincerely, /s/ Leroy Savoie Acting Chairman Planning and Zoning Commission LS/vs It was brought out that for the Council to override the decision of the Planning & Zoning Commission, a four-fifths vote would be required. ADJOURN: COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARY'S OFFICE NEW BUSINESS: (continued) COUNCIL DECISION ON APPLICATION NO. 144, RONALD HAUSMAN, AGENT FOR CHARLES T. CORWIN, PAT R. GREEN, JAMES A. KENT AND LARRY B. WILLIAMS, OWNERS It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that the City Attorney be instructed to prepare the necessary amendment to the Land Use and Urban Development Ordinance to grant the application from Medium Density Single Family Dwelling District (R-2) to Office and Professional (OP) on Application No. 144, Ronald Hausman, Agent, Charles T. Corwin, Pat R. Green, James A. Kent and Larry B. Williams, Owners. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS ORDINANCE NO. 494, ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS Ordinance No. 494 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Tetens, that Ordinance No. 494 be passed and approved on the second and final reading. Said Ordinance No. 494 reads in caption as follows: ORDINANCE NO. 494 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES.TO BE CHARGED BY ENTEX, INC FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTAB- LISHING THE EFFECTIVE DATE, MAKING MISCELLANEOUS PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR SEVERABILITY. Voting "Aye" - Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "no" - None Motion passed 4 to 0. ORDINANCE NO. 246-104, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE -APPLICATION NO. 141, JAMES A. BANFIELD, JR., AGENT, BOBBY LEE GRIFFIN, OWNER Ordinance No. 246-104 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray, that Ordinance No. 246-104 be passed and approved on the second and final reading. Said Ordinance No. 246-104 reads in caption as follows: ORDINANCE NO. 246-104 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, and Council- man Tetens. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 471-1, AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS (CAPITAL MAINTENANCE AND RECOVERY FEE ORDINANCE), REDEFINING TERMS AND PROVIDING FOR PAYMENT OF FEES PRIOR TO RECEIPT OF SERVICE Ordinance No. 471-1 read in caption by Councilman Tetens. (Second Reading) It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that Ordinance No. 471-1 be passed and approved on the second and final reading. Said Ordinance No. 471-1 reads in caption as follows: ORDINANCE NO. 471-1 AN ORDINANCE AMENDING SECTIONS 7-54, 7-55, 7-56, 7-57 AND 7-58 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR CAPITAL RECOVERY FEES FOR CITY WATER AND SANITARY SEWER SERVICE; DEFINING TERMS; SETTING FORTH AMOUNT AND USE OF FEES; REQUIRING PAY- MENT PRIOR TO SERVICE; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 4 to 0. CHARGING FOR FOUNDERS' DAY AT INDEPENDENCE PARK Councilman Gray reported that he had attended a meeting last week held by the Civic Group committee that will sponsor Founders Day this year on September 21-22. They discussed the Council's concerns over fees, amounts, and where they would be collected. Councilman Gray said he believes that the Committee's way of charging will be fair and reasonable for the functions they are going to provide. It was determined that the swimming pool will not be open and the tennis courts will be used only for the Founders Day tennis tournament so the only facility in the park open for general public use would be the picnic area. Because these major functions will be closed, it would be easier for the Committee to take up their collections at the main entry. The recommended fees are: $3.00 at the gate ($2.50 if purchased beforehand) for the two day event. A one day ticket can be purchased for $2.00. Senior citizens and children under 12 are to be admitted free. City Manager Ron Wicker said we need to make sure that the Founders Day committee pro- vides the proper liability insurance for their function. There was a general discussion about the City's involvement and expense with Founders 75 Day. It was determined that an item needs to be placed on a future agenda to make a policy decision concerning City participation and funding for such events. It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the Pearland Community Events Organization be allowed to charge those persons who are over 12 and under 65: $3.00 for a two day event ($2.50 if pre -purchased) or $2.00 for one day event and that they be allowed to locate their collection booth at a place where they feel appropriate. Motion passed 3 to 1. Councilman Bost voting against. ORDINANCE NO-. 246-105, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; APPLICATION.NO. 142 -AMENDED, BLAIR HAMILTON, AGENT FOR BENNIE ODDO, OWNER Ordinance No. 246-105 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Tetens, that Ordinance No. 246-105 be passed and approved on the first of two readings. Said Ordinance No. 246-105 reads in caption as follows: ORDINANCE NO. 246-105 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost and Councilman Tetens. Voting "No" None Motion passed 4 to 0. FINAL INSPECTION POLICY PRIOR TO ACCEPTANCE OF SUBDIVISIONS Councilman Frauenberger reported that there was a meeting last week with the Drainage Commissioners, their superintendent, City Manager Ron Wicker, Public Works Director Bill Thomasset, Councilman Lentz and himself in which they dis- cussed at length the Drainage District's policy toward drainage in general. In this meeting they requested that the City include in their policy of final accep- tance of a subdivision or development within the City a provision by which the Drainage District will have an opportunity to inspect the as -built -drainage pro- ject to make sure all.their criteria is met before the subdivision is accepted by the City for public use. It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that the City add as one of its requirements of final acceptance of a subdivision or develop- ment within the City a letter from the Drainage District, signed by the Chairman of the Commission, stating that the drainage improvements have been inspected by them and are ready for acceptance. Motion passed 4 to 0. AUTHORIZATION FOR THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY, A PERSONAL RELEASE OF LIEN TO EDWARD A. LEWIS REGARDING PROPERTY NO LONGER OWNED BY HIM WHICH ABUTS LIBERTY DRIVE STREET IMPROVEMENTS City Attorney Luke Daniel explained that Mr. Edward A. Lewis no longer owns the large tract at the southwest corner of Liberty Drive and F. M. 518. As he testified at the assessment hearing, he sold this property to Pee -Gee, N. V., a Netherlands Antilles 76 corporation. He does, however, own approximately ninety feet of frontage abutting Liberty Drive. City Attorney Daniel stated that the City now has a duty to release Mr. Lewis from the lien imposed by the Ordinance and he would recommend the execution of this personal release of lien. City Attorney Daniel added that Pee -Gee, N. V. would be served notice of amounts of assessment against them on the Liberty Drive pav- ing. It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the Mayor be authorized to execute on behalf of the City a personal release of lien to Mr. Edward A. Lewis regarding property no longer owned by him which abuts Liberty Drive street improvements. Motion passed 4 to 0. ACCEPTANCE OF A PROPOSAL TO PROVIDE ENGINEERING SERVICES WITH BINKLEY AND HOLMES, INC. FOR AMENDMENT OF THE SANITARY LANDFILL PERMIT, ESTIMATED COST OF $12,250 Public Works Director Bill Thomasset reported that there is a need to upgrade our per- mit for our sanitary landfill located on County Road 100. Our current permit restricts operations within 500 feet of any water well; there are three wells in the area that were installed after our permit was granted which will greatly limit our operation. In discussions with the State Health Department, we have determined that operations less than 500 feet from a water well are now acceptable as long as certain precautions are taken. Also, in order to comply with current regulations, we plan to install and main- tain three monitoring wells around the site. With all this in mind, we obtained a pro- posal from a firm, recommended from a list provided by the Department of Health, for engineering services to prepare a study and upgrade our permit along the lines outlined. It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the Staff be authorized to enlist the engineering services of Binkley and Holmes, Inc., for amendment of the Sanitary Landfill Permit and the Mayor be authorized to execute the contract. Motion passed 4 to 0. PROPOSED STREET MAINTENANCE PROGRAM FOR 1985 Public Works Director Bill Thomasset explained that he is recommending the following streets for 1985 Street Rehabilitation Program: Dixie Farm Road from south of R.O.W. of Westfield Road to City Limits; McLean Road from F. M. 518 to where the paving ended from our.1985 rehab program; and Old Alvin Road from F. M. 518 to Orange Street. Only 1-1/2" hot mix asphalt will be used. There was some discussion about using bond funds on street improvements. It was suggested that this item be taken up in a workshop meeting. It was moved by Councilman Frauenberger, seconded by Councilman Gray, that the proposal on street rehabilitation including Dixie Farm from south R.O.W. of Westfield Road to City Limits in the amount of $122,489.24; and McLean Road from F. M. 518 to 1984 Rehab in the amount of $57,733.25; and old Alvin Road from F. M. 518 to Orange Street in the amount of $28,857.15 be approved. Motion passed 4 to 0. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 9:08 P. M. UNDER TEXAS REVISED CIVIL STATUTES ARTICLE 6252-17 SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Fending Litigation: 1) Article 1269m V.A.T.C.S., 2) Nunez and Beal vs City, 3) Farrell vs City 'N.._ 77 MEETING .RETURNED TO OPEN SESSION AT 9:40 P. M. - No action taken. ADJOURN: The meeting adjourned at 9:40 P. M. Minutes approved as submitted and/or corrected this the �� day f A. D., 1985. Mayor ATTEST: Assistant City Secretary