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1983-09-12 CITY COUNCIL REGULAR MEETING MINUTESw MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 12, 1983, 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 Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack Terry Gray James E. Bost Dennis Frauenberger Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by City Attorney Bobby Williams. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the Regular Meeting held on August 22, 1983, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Mack that the minutes of the Special Meeting held on August 29, 1983, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued the following proclamations: 1. Founder's Days — September 24, and September 25, 1983, (.Proclamation received by Bobby Williams, Chairman of the Pearland Area Chamber of Commerce Founder Days in 1983); 2. PTA Membership Drive Weeks - September 19, through September 30, 1983, (Lawhon Elementary, Carleston Elementary, Harris Elementary, Shadycrest Elementary, Jamison Middle, and Senior High Intermediate Schools); 3. American Business Women's Association Day — September 22, 1983, (Rosette Chapter). COUNCIL ACTIVITY REPORT:. Councilman Frauenberger explained his absence from the last Regular Meeting by stating that his son broke his leg and had to be taken to the hospital shortly before the Meeting of August 22, 1983 was to begin. Councilman Bost reported that he had recently attended -a Future Sites'Selection Com- mittee Meeting of the Pearland Independent School District, as liaison from the City Council. He stated that the District is facing some difficult times if all of the developments, that are in the making, materialize. He will bring back additional information to the City Council in the future. 30 Councilman Lentz reported that the Drainage Coordination Committee, appointed by the Mayor to work with the Drainage District on the FEMA Study, is waiting for the Drainage District to make its selection of members to this Committee. DEPARTMENTAL REPORTS: City Manager Wicker reported that City crews, along with the subcontractors, have been working diligently to clean the storm debris in the City. He stated that he hoped by the end of this week we would be caught up enough to release the subcontractors. City Manager Wicker also stated that we owe a special thanks to Ardin Hill of Hill's Sand Pit since during this time he has allowed the City of Pearland and City of Friendswood to dump debris in his sand pit at no charge. Mayor Reid stated that he would write a letter of thanks to Mr. Hill. CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - APPLICATION NO. 122 - CHRISTENSEN INVESTMENTS, INC., AGENT FOR JOHN W. ABBOTT, TRUSTEE - PD TO P/A ON 50.14 ACRES IN ABSTRACT 241 (HARKEY ROAD AREA) . NUMBER SIGNING REGISTER: 9 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: John Morris, Architect for Christensen Investments, presented a ten-minute slide program showing the layout of this project. He stated that this project was a cul -de -:qac type development of townhouses. The units would be clustered around a private visitors parking area that would be maintained by the Homeowner's Association. The public street would be 50 ft. right-of-way with the 15 ft.setback to the building line. The main idea to cluster the units is to get the cars off of the public streets. He out- lined the water distribution system and the sewage system; they would have two lift stations. The proposed storm sewer drainage system would carry water from the courts and streets to two retention ponds located in a 100 ft. easement at the back of the property. This area would have a park -like environment. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Councilman Gray inquired about the private streets and whether or not the contingency placed on the acceptance by the Planning & Zoning Commission has been satisfied by the Private Street Amendment to the Subdivision Ordinance. City Attorney Williams advised that he felt that the intent of the City Council, when the Private Street Ordinance was adopted, was to provide for such private streets and,in his opinion, we do not have to worry about the contingency placed on this Land Use Change by the Planning & Zoning Commission. Councilman Lentz inquired as to whether the water and sewer lines, being installed along Highway 518 West, would be adequate to handle the density of this type of Subdivision. City Manager Wicker advised that the lines were oversized to handle even beyond this type of Subdivision. In answer to the question as to whether or not this plat conforms 31 to the Subdivision Ordinance and with the Private Street Amendment recently adopted, City Manager Wicker advised that a final plat would have to be approved on this project before construction. The cost per unit of the townhouses proposed would range from $70,000 to $135,000. All units will be provided with off-street parking. City Manager Wicker stated that ownership of the utilities on public streets has been that of the City; however, the utilities on private streets has always been individual ownership. RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION - Mayor Reid read the following communication from the Planning & Zoning Commission dated August 2, 1983: August 2, 1983 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their special meeting on July 19, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 122, Christensen Investments, Inc., Agent for John W. Abbott, Trustee -Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Pre -Development District (PD) to Plan Approval (P/A Townhouse Development). The Commission was generally in agreement with the density and lot sizes of this townhouse development and they did concur that the issue of the private streets would have to be resolved. A motion was made by Clyde Starns, seconded by Hardie Barr, that the Planning and Zoning Commission recommend to City Council approval of Application No. 122 for a zone —' change from classification Pre -Development District (PD) to Plan Approval (P/A - Town- house Development) contingent upon the City Attorney's approval to waive the requirement in the zoning ordinance that a townhouse lot shall abut on a public street. Motion passed 4-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Bill Frascino Bill Frascino, Vice -Chairman Planning & Zoning Commission BF:kk HEARING ADJOURNED MEETING RECESSED AT 8:50 P. M. - RECONVENED AT 9:00 P. M. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 122, CHRISTENSEN INVESTMENTS, INC., AGENT FOR JOHN W. ABBOTT, TRUSTEE -OWNER - PD TO P/A: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the proper ordinance for Application No. 122, to change the zoning from PD to P/A, be prepared by our City Attorney, and that this ordinance contain the following provisions: (1) The City will not be responsible for water and sewer facilities outside of the public right- of-ways; (2) This plan approval will be subject to all of the private street ordinances; and (3) The restrictive covenants that mill be filed along with pkat will provide for the maintenance of these lines after installation. Motion passed 5 to 0. 32 CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: 2. LAND USE CHANGE - APPLICATION NO. 123 - L. A. CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA, OWNERS - CLASSIFICATION PU TO R-2 ON 70.91 ACRES AND PU TO GB ON 9.09 ACRES. NUMBER SIGNING REGISTER: 9 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: L. A. Corte, Agent, advised that the rezoning requested is in line with the Compre- hensive Plan of the City, and asked for favorable consideration of the request. PERSONS WISHING TO SPEAK AGAINST THE CHANGE: None QUESTION AND ANSWER PERIOD: Councilman Frauenberger asked about the depth of the General Business zoning. Mr. Corte advised that it measured 150 feet from the center of the road. COMMUNICATION FROM PLANNING & ZONING COMMISSION: Mayor Reid read the following report from the Planning & Zoning Commission dated August 8, 1983: August 8, 1983 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their regular meeting on August 2, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 123, L. A. Corte, Agent for Wayne Miller and Dorothy Miller Cortemeglia, Owners for an amendment to the Land Use and Urban Develop- ment Ordinance from classification Planned Unit (PU) to Medium Density Single Family Dwelling District (R-2) on 71.73 acres and from Planned Unit to General Business (G) on 8.27 acres. In a discussion by the Commission it was noted that the zone change application for General Business does not include the area within the 150' strips through which proposed streets are to go. The Commission recommended that the zone change include the entire strip along both streets regardless of street locations. A motion was made by Frank Ravet, seconded by Leroy Savoie, that the Planning and Zoning Commission recommend that the City Council approve Application No. 123 for a zone change from classification Planned Unit (PU) to Medium Density Single Family Dwelling District (R-2) on 71.73 acres and from Planned Unit to General Business (GB) on the remaining two 150' strips along McLean Road and Pearland Sites Road, including proposed streets within the 150' strips. The motion passed 6-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. RFT:kk HEARING ADJOURNED CHANGE IN ORDER OF BUSINESS NEW BUSINESS: Very truly yours, /s/ Richard F. Tetens Richard F. Tetens Chairman, Planning & Zoning Commission 33 COUNCIL DECISION ON APPLICATION NO. 123, L. A. CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA, OWNERS: Mr. Corte advised that the application has been amended to take care of the question raised by the Planning & Zoning Commission. It was moved by Councilman Lentz, seconded by Councilman Bost that the City Attorney be instructed to prepare the necessary ordinance for change in zoning on Application No. 123 with acreage of 70.91 PU to R-2 and 9.09 PU to General Business. Motion passed 5 to 0. UNFINISHED BUSINESS: JODY RICHARDSON., REPRESENTING MUD 5 - PETITION FOR CONSENT TO ANNEX LAND TO MUD 5: Jody Richardson, Attorney representing MUD 5, appeared before the City Council regard- ing a petition filed with the City for annexation of additional land into MUD 5 ,(South- down). At this time, there is approximately 422 acres in the District and they would like to annex approximately 43 acres more. City Manager Wicker advised that he could see no problem with granting this request since it would not preclude the City of Pearland from annexing the property at such time as we annex any of the other Municipal Utility Districts. It was moved by Councilman Lentz, seconded by Councilman Bost that the necessary Resolu- tion be prepared on the request by MUD 5 for the annexation of 42.51903 acres contained in Exhibit "A" of the Petition subject to all requirements set out in the original resolution for creation of MUD, and subject to the submittal of a revised overall Conceptual Plan showing the added acreage. Motion passed 5 to 0. JIM CHALK REPRESENTING STORER CABLE TV COMPANY: Mr. Chalk apologized for not being at the last meeting; however, Hurricane Alicia caused a lot of damage to their Cable TV lines. He stated that his company had re- stored service to 3,000 subscribers in the area and replaced almost ten miles of cable. He stated that he is trying to do everything that is needed to make service in Pearland better; however, Pearland is presently now on the end of the Houston line which is one reason for the problems. He hopes to use microwave to bring the signal into Pearland in 1984. He stated that he is working on centralizing the phone numbers and cutting down of the number of lines for incoming service calls. Mayor Reid asked that Mr. Chalk return for a discussion with the City Council at a later date after some of the actions he planned to take for better service to the citizens have been implemented. FIRST READING OF ORDINANCE NO. 459, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984: This item to be considered at a later meeting after the Brazoria County Appraisal District has finished its work on the tax roll. FIRST READING OF ORDINANCE NO. 460, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE CITY OF PEARLAND: This item to be considered at a later meeting after the Brazoria County Appraisal District has finished its work on the tax roll. 34 NEW BUSINESS: REQUEST BY PEARLAND AREA CHAMBER OF COMMERCE FOR USE OF INDEPENDENCE PARK ON SEPTEMBER 24, AND SEPTEMBER 25, 1983, FOR THE SEVENTH ANNUAL FOUNDERS DAY CELEBRATION: Kerry Spradley, representing the Chamber of Commerce, read the following request from the Pearland Area Chamber of Commerce: August 30, 1983 Mayor Tom Reid City of Pearland 2716 Stratford Pearland, TX 77581 Mister Mayor: The Founders Day Committee of the Pearland Area Chamber of Commerce has asked me to make a formal request of the City Council to hold the City 7th Annual Founders Day in Independence Park on September 24 and 25, 1983. The committee also requests that a two dollar ($2.00) donation be requested for entrance to the inner circle only. This would be a requested donation only and no one will be refused admission. Proceeds from donations will be halved between the Parks and Recreation Department and our committee. The cost of this city celebration has escalated over the years. In 1982, the Chamber was required to spend over $12,000 up front with no guaranteed return. As you are aware, Founders Day provides a fun filled weekend for our citizens and the opportunity for area civic clubs to raise charitable dollars (i.e. Lions Club, Rotary Club, ABWA, Dad's Club, etc.). Many of these dollars have gone back into the development of the park as will many more in the future. Although only a volunteer donation will be requested, we feel Pearlanders and the many visitors from outside our community will respond as they have so often in the past. Both of the above requests were presented earlier to your Parks and Recreation Department for their review and recommendation. -- Thank you in advance for consideration of this request. Sincerely, /s/ Walt Lackey Walt Lackey President CC: City Council City Manager City Secretary It was moved by Councilman Frauenberger, seconded by Councilman Mack that the request by the Chamber of Commerce for use of the inner circle of Independence Park be approved. Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Mack that the Chamber be allowed to receive donations for Founders Days. Motion passed 3 to 2. Councilman Gray and Councilman Lentz opposed. Mr. Spradley advised that the $2.00 donation suggested by the Chamber was to help defray the cost of the festivities; however, no citizen would be pressured into paying this amount in order to gain access to the inner circle of the park. M PROPOSAL BY SNOWDEN ENGINEERING FOR IMPROVEMENTS ON SOUTH GALVESTON AND LIBERTY DRIVE: A discussion was held by the City Council regarding the proposal, and Mr. Snowden was requested to submit only a proposal for Liberty Drive for Council consideration at this time. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that any action on this matter be tabled until such time as we can obtain a break-out of information for Liberty Drive. Motion passed 5 to 0. Mayor Reid called a Special Meeting on September 19, 1983, to consider Mr. Snowden's revised proposal. ACCEPTANCE OF GRANT AWARD FROM CRIMINAL JUSTICE DIVISION FOR POLICE DEPARTMENT COMMU- NICATIONS: City Manager Wicker explained that we had applied for a Communication Grant through the Criminal Justice Department, and that we have received notice we have been awarded this grant in the amount of $13,545.00. This amount is slightly less than 500 of the total cost of the project. It was moved by Councilman Bost, seconded by Councilman Mack that we accept the Grant Award, as outlined by the Criminal Justice Division, and that the Communications Budget be adjusted accordingly. Motion passed 5 to 0. RESOLUTION NO. R83-21, A RESOLUTION DESIGNATING AGENT TO SUBMIT PROJECT APPLICATION FOR FEMA DISASTER ASSISTANCE: City Manager Wicker requested that the City Council designate, by Resolution, Gary Jackson, Assistant to the City Manager, as the City's representative for Federal Disas- ter Assistance. Resolution No. R83-21 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Resolution No. R83-21 be passed and approved on first and only reading. Said Resolution No. R83-21 reads in caption as follows: RESOLUTION NO. R83-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING AS AGENT FOR ALL MATTERS PERTAINING TO FEDERAL DISASTER ASSISTANCE. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. FINAL ACCEPTANCE OF RIVERWALK SUBDIVISION: City Engineer Dick Qualtrough submitted a memorandum dated September 12, 1983, wherein he advised that the subdivision was substantially complete and was constructed in con- formance with the approved Plans and Specifications. His memorandum further stated that all required Bonds, affidavits and payments have been delivered or paid and that he recommended acceptance of this subdivision, Section I and Section II. It was moved by Councilman Gray, seconded by Councilman Frauenberger that, upon the City Engineer's recommendation, the City Council approve final acceptance of Riverwalk SU Section I and Section II. Motion passed 5 to 0. ORDINANCE NO. 224-6, AN ORDINANCE AMENDING THE BUILDING CODE - ADOPTION OF THE 1982 BUILDING CODE WITH REVISIONS: City Manager Wicker stated that, periodically, it becomes necessary to update our Building Code to adopt new revisions as set out by the Southern Building Code Congress, and he recommended that the Council adopt the Ordinance submitted. Ordinance No. 224-6 read in caption by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 224-6 be passed and approved on first of two readings. Said Ordinance No. 224-6 reads in caption as follows: ORDINANCE NO. 224-6 AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-13 AND SECTION 7-13.1, ARTICLE II, BUILDING CODE OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED THEREIN, AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. AUTHORIZATION TO BID WOODCREEK SEWER LINE EXTENSION: City Manager Wicker advised the City Council that the City Engineer now has the Plans and Specifications to bid this sewer line and that the Minnetex Community Church has, by letter, committed $13,814.00 for extension of the sewer line to its property. It was moved by Councilman Gray, seconded by Councilman Lentz that the Staff be autho- rized to proceed with the bidding of the Woodcreek Sewer Line. Motion passed 5 to 0. RESOLUTION NO. R83-23, A RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARINGS TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY. (NASAWOOD AND TRIANGLE): Resolution No. R83-23 read in full by Councilman Lentz and Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Lentz that Resolution No. R83-23 be passed and approved on first and only reading. Said Resolution No. R83-23 reads in caption as follows: RESOLUTION NO. R83-23 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARING TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger and Councilman Gray. Voting "No": None Motion passed 5 to 0. 37 RESOLUTION NO. R83-24, A RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEAR- INGS TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY. (SOUTH ANNEXATION): Resolution No. R83-24 read in full by Councilman Mack and Mayor Reid. It was moved by Councilman Mack, seconded by Councilman Lentz that Resolution No. R83-24 be passed and approved on first and only reading. Said Resolution No. R83-24 reads in caption as follows: RESOLUTION NO. R83-24 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARING TO BE HELD CONCERN- ING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Lentz, seconded by Councilman Mack that Councilman Frauen- berger's absence from the meeting of August 22, 1983, be shown as "Excused Absence". Motion passed 4 to 0. Councilman Frauenberger abstained. RECESSED TO EXECUTIVE SESSION UNDER ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY AND SECTION 2, SUBSECTION (g) PERSONNEL, AT 10:54 P. M. RETURNED TO OPEN SESSION AT 12:04 A.M. ADJOURN: Meeting adjourned at 12:04 A. M. Minutes approved as submitted and/or corrected this the�day of , A. D., 1983. Mayor ATTEST: City Secretary