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1986-05-12 CITY COUNCIL REGULAR MEETING MINUTES9C;4 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 12, 1986, 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 Tom Reid Councilmember James Bost Councilmember Charles Mack Councilmember Richard Tetens Councilmember Stella Roberts City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the meeting: Councilmember/Mayor Pro Tem Dennis Frauenberger INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember Charles Mack. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of April 28, 1986, be approved as submitted. Motion passed 3 to 0. Councilmember Bost abstained. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Joint Public Hearings on May 5, 1986, be approved as submitted. Motion passed 3 to 0. Councilmember Bost abstained. MAYOR'S ACTIVITY REPORT Mayor Reid announced that Councilmember Roberts has resigned as President and from the Board of Directors of Clean Pearland and he has now appointed her as Council liaison to Clean Pearland. COUNCIL ACTIVITY REPORTS Councilmember Bost reported that a Sign Ordinance Review Committee meeting was held last Wednesday evening and another is scheduled for this coming Wednesday evening. Councilmember Roberts reported that the Awards Presentation material was sent to Austin and we should be hearing something in the next couple of weeks. The new Recycling Center on Orange Street by the City Service Center has been getting a lot of activity and is providing a good service to the City. DEPARTMENTAL REPORTS City Manager Ron Wicker called attention to the rendering of the new City Hall which -"- has been framed and placed behind the Council table. Mr. Wicker remarked that this will be the first three-story building in Pearland. Mr. Wicker announced there will be groundbreaking ceremonies for the new City Hall on Liberty Drive this next Saturday morning at 10:00 A. M. and he invited everyone interested to attend. Mr. Wicker reported that there have been questions raised about the adequacy of some of the concrete in the parking areas around the new Public Safety Facility. Coring samples were made by an approved lab of the parking areas to determine the concrete thickness. The results of the corings made were that they exceeded the minimum specifications of the contract. 253 PERSONS SPEARING AGAINST THE PROPOSED CHANGE 1. Mark Haddock, 1210 Dixie Farm Road, Pearland 2. Ralph Payne, 2943 Dixie Farm Road, Pearland 3. Jerry Manganaro, 12018 Flintstone, Houston Planning and Zoning Chairman Leroy Savoie read the following letter into the records: April 22, 1986 Mayor Tom Reid City of Pearland P O Box 2068 Pearland, Texas 77588-2068 Dear Mayor, We are in receipt of the City of Pearland Planning and Zoning Commission statement of Public Hearing, dated April 16, 1986. Lot 91 of the George W. Jenkins s/d in W.D.C. Hall League has been in my family since August 18, 1908. 2 am the present landowner of the property and wish to express my desire in having it remain zoned as "C" & "GB," that is Commercial and General Business Classification. It would be my desire to have this letter read into the minutes of the hearing scheduled for May 5, 1986, at 7:30 p.m. Thank you for your kind assistance and consideration in this matter! Yours truly, /s/ Walter W. Wenz Rt 5, Box 235 Buffalo, MN 55313 CC: City Council Planning and Zoning Commission Ms. Kay Krouse, City Secretary A brief question and answer period followed. PUBLIC HEARING CLOSED AT 8:30 P.M. COMPLETE TAPE OF HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY ADJOURN The joint hearings adjourned at 8:21 P.M. Minutes approved as submitted and/or corrected A. D., 1986. ATTEST: � t �/ '-/' . Z04���� City Sdkretary this / day of lfJ�V -4J Mayor 255 City Attorney Luke Daniel stated he would like to report that the people he works with on an everyday basis in Municipal Court are looking forward to moving into the new Public Safety Facility and to getting away from their cramped quarters. City Manager Ron Wicker explained that we anticipate the move into the new Facility before June 1. CITIZENS 1. Jessie Johnson, 2403 S. Houston, Pearland. Mrs. Johnson appeared before Council to request they grant permission for her to obtain a building permit to build an office and security building on a tract of land that abuts FM 518, being part of Lot 50 and 52 of Allison -Richey Gulf Coast Home Subdivision. Mrs. Johnson explained she and her husband purchased the property in 1948 and the one acre tract is out of a ten acre tract. They currently have a storage business there and would now like to add a security building. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS GRANT OF PERMISSION TO THE MIMING OFFICIAL TO ISSUE BUILDING PERMIT FOR ACCESSORY BUILDING AS PER REQUEST OF JESSIE JOHNSON City Manager Ron Wicker explained that Mrs. Johnson's property is a portion of an originally platted lot which was platted around 1908. She has owned the property since before the City was incorporated and they built a business there prior to it being annexed by the City. The only problem .we have is that the property is less than the originally platted lot and, as such, needs a special consideration by the City Council. The property is zoned Commercial and the intended use is compatible with the neighborhood. City Attorney Luke Daniel advised that Section 7-17 of the Building Code basically states that no building permit shall be issued, except by permission of the City Council, on any lot smaller than the lot platted. This is a safety provision written into the Code whereby the City Council would have to exercise its judgment and look at the facts before possibly granting a building permit for situations such as Mrs. Johnson's. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that the Council grant permission to the Building Official to issue a building permit for an accessory security quarters as per request of Mrs. Jessie Johnson. Motion passed 4 to 0. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS This one item was passed until later in the agenda. NEW BUSINESS (Continued) APPLICATION NO. 1, REQUEST BY HARRISON L. WICKER, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND FROM CLASSIFICATION MULTI -FAMILY (MF) TO GENERAL BUSINESS (GB) ON LOTS 30, 31, AND 32, BLOCK 35, PEARLAND TOWNSITE. (LOCATED IN 2300 BLOCK OF SAN ANTONIO) Mayor Reid read into the records the following letter from the Planning and Zoning Commi s s ion : May 12, 1986 The Honorable Mayor and City Council City Hall Pearland, Texas Dear Members, At the Regular Meeting of May 6, 1986, the Planning and Zoning Commission considered Application No. 1, by Harrison Wicker, Owner, for a request for an amendment to the 256 Land Use and Urban Development Ordinance of Pearland, from classification Multi- family (MF) to General Business (GB) on Lots 30, 31, and 32, Block 35, Pearland Townsite (2300 Block of N. San Antonio). The Commission had concerns regarding lot sizes, parking, setbacks and spot zoning. After a brief discussion, Al Lentz made a motion that Application No. 1 be denied based on, among other concerns, the fact that this would be an invasion of a General Business into a Multi -family zone. Al Klosterman seconded the motion. Motion passed 6 to 0. The Planning and Zoning Commission is presenting this for Council's consideration. Sincerely, /s/ Leroy Savoie, Chairman Planning and Zoning Commission LS:dl Leroy Savoie, Chairman of the Planning and Zoning Commission briefly elaborated on some of the concerns the Commission had expressed in their consideration of this zone change request. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Application No. 1, Harrison L. Wicker, Owner, for an amendment to the Land Use and Urban Development Ordinance be denied. Motion passed 4 to 0. APPLICATION NO. 2, REQUEST BY CITY OF PEARLAND, AGENT, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND FROM CLASSIFICATION COMMERCIAL (C) AND GENERAL BUSINESS (GB) TO R-3 SINGLE FAMILY DWELLING DISTRICT AND R-1 SINGLE FAMILY DWELLING DISTRICT. ON 160 ACRES IN ABSTRACT 70, TRACTS 1-7A OF THE NARREGANGS SUBDIVISION AND TRACTS 88-94 OF THE JENKINS SUBDIVISION. (LOCATED IN THE VICINITY OF DIXIE FARM ROAD AND C.R. 127) Mayor Reid read into the records the following letter from the Planning and Zoning Commission: May 12, 1986 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At the Regular Meeting of May 6, 1986, the Planning and Zoning Commission considered Application No. 2 by the City of Pearland for a request for an amendment to the Land Use and Urban Development Ordinance of Pearland from classification Commercial (C) and General Business (GB) to R-3 Single Family Dwelling District and R-.1 Single Family Dwelling District on Abstract 70, Tracts 1-7A of the Narregangs Subdivision and Tracts 88-94 of the Jenkins Subdivision. (Located in the vicinity of Dixie Farm Road and County Road 127). During a discussion regarding this application, Mr. Lentz stated that Mrs. Alma Barnes/Snyder is the major landowner in the area in question. At the Joint Meeting of the City Council and Planning and zoning Commission on May 5, 1986, there was some confusion regarding hearsay testimony presented concerning Mrs. Barnes/Snyder's request to have her land zoned residential. Testimony given by a gentleman in the audience the same night stated that, based on a conversation, Mrs. Barnes/Snyder now preferred to have it remain commercial. Mr. Snyder (Alma Barnes' husband) , being present in the audience, was questioned by me in an effort to help clarify the confusion in regards to present desires for their properties. He stated that he and his wife would like to have the land in question zoned residential as proposed by the City. 257 Clyde Starns made a motion to recommend to City Council that this request be approved in zoning. Al Lentz seconded the motion. Motion passed 6-0. 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 Tetens, seconded by Councilmember Roberts, that Application No. 2, City of Pearland, Agent, be approved and that the City Attorney be instructed to prepare the necessary ordinance for this zone change. Motion passed 3 to 0. Councilmember Bost abstained. ORDINANCE NO. 421-2, AN ORDINANCE AMENDING SECTION 27-5 (A) (5) (a) OF THE PEARLAND SUBDIVISION ORDINANCE, REDUCING THE SUBDIVISION BOND REQUIREMENTS FROM 1001 TO 50% City Manager Ron Wicker advised that he and Public Works Director, Bill Thomasset, met with the Planning and Development Committee to discuss the reduction of our subdivision bonding requirements. We felt, Mr. Wicker said, the bonding requirement could be reduced to 50% and still have the same coverage provided on a two-year basis as we have now, and he would recommend approval of this ordinance. Ordinance No. 421-2 read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 421-2 be passed and approved on the first of two readings. Said Ordinance No. 421-2 reads in caption as follows: ORDINANCE NO. 421-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 27-5 (A) (5) (a) OF THE -CITY CODE OF ORDINANCES BY REDUCING THE SUBDIVISION MAINTENANCE BOND REQUIREMENT FROM 100% OF COST OF IMPROVEMENTS TO 50% OF SUCH COST; HAVING A SAV- INGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICA- TION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER STELLA ROBERTS FROM REGULAR MEETING TO BE HELD ON MAY 27, 1986 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Councilmember Stella Roberts be excused from the regular City Council meeting to be held May 27, 1986. Motion passed 3 to 0. Councilmember Roberts abstained. AUTHORIZATION FOR CITY STAFF TO TARE BIDS ON A PROJECT TO INSITUFORM 350 FEET OF FAILED SANITARY SEWER LINE ON OLD ALVIN ROAD, SOUTH OF WALNUT STREET City Manager Ron Wicker explained that if approved this will be the third project that insituforming was used. This is a process whereby liquid resin in a sock -type configuration is hydraulically forced through a bad sewer line. It improves the strength of the line and improves the flow characteristic of the line and it's a much easier way to deal with lines that have broken over a period of time. The section of line on this project is one that has been dug up numerous times. The section is south of Walnut Street on Old Alvin Road by the apartments. The insituform has proved to be very effective for us in the other similar quicksand -type situations. It was moved by Councilmember Bost, seconded by Councilmember Mack, that the Staff be authorized to take bids. on insituforming 350 feet of failed sanitary sewer line on Old Alvin Road, south of Walnut Street. Motion passed 4 to 0. INVOICE FROM DANSBY AND MILLER, ARCHITECTS It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 9407, Dansby and Miller, Architects, for architectural services concerning new City Hall, in the amount of $11,256.00 be approved and payment made from the appropriate funds. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:25 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: Article 1269m V.A.T.C.S., (2) Tax Suit - Notlef vs Brazoria County Appraisal District - SUBSECTION (g) PERSONNEL - Appointment to Planning and zoning Commission MEETING RETURNED TO OPEN SESSION AT 8:59 P.M. UNFINISHED BUSINESS. APPOINTMENT OF MEMBER TO THE PLANNING AND ZONING COMMISSION FOR A THREE-YEAR TERM It was moved by Councilmember Tetens, seconded by Councilmember Mack, that the Council reappoint Clyde Starns for a three-year term as member of the Planning and Zoning Commission. Motion passed 4 to 0. ADJOURN The meeting adjourned at 9:00 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1986. Mayor ATTEST: � XCLU-4-e— --- City StZcretary