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1983-09-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 26, 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 Tom Reid _Councilman Terry Gray Councilman Al Lentz Councilman. Dennis Frauenberger Councilman James E. Bost City Manager Ronald J. Wicker City Attorney Bobby Willidms City Secretary Dorothy L. Cook Absent from the -Meeting: Councilman Charles R. Mack INVOCATION AND PLEDGE OF ALLEGIANCE: The Invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Bost. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Gray that the minutes of the Regular Meeting held on September 12, 1983, and the Special Meeting held on September 19, 1983, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid announced that Councilman Mack was out of the State on business and would not be present at the meeting. Mayor Reid presented a Proclamation to Friends of the Library, proclaiming the month of October, as "Friends of the Library Buy a Book Month" in Pearland. Mayor Reid announced that he would be out of the City from Wednesday evening, Septem- ber 28, 1983, through Saturday, October 1, 1983. Mayor Pro Tem Mack will be back in town and will preside during the Mayor's absence. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wicker reported that the Library and Community Center would likely be com- pleted sometime in November. He stated that by the next meeting we should have a date for the Open House. Councilman Frauenberger, as liaison for the Library Board, reported that the Board planned to work out a date for the opening at the next meeting. City Manager Wicker reported that, originally, we planned to recognize some of the supervisors,reponsible for the hurricane Alicia debris clean-up, present at the meeting; however, due to the long agenda we decided to wait until a future meeting. CITIZENS: Mr. Kyle Dempsey, 1702 Willits Drive, was present at the meeting and wished to be recognized. Mr. Dempsey's request to appear was too late, under the Rules of Procedure, to be placed on this agenda; however, he could discuss his problem if the Council voted to recognize him. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Mr. Kyle Dempsey be heard by the Council. Motion passed 4 to 0. FIN Mr. Dempsey stated that during hurricane Alicia he came within one inch of being flooded, and he felt that the ditches in the area needed to be cleaned, and that he would be will- ing to pay the labor cost himself if this could be done. Mayor Reid asked the Drainage Coordination Committee, headed by Councilman Lentz with Councilman Frauenberger and a member of Drainage District No. 4, as members, to look into this problem. MAYOR'S ACTIVITY REPORT: (Continued) Mayor Reid called on Guy Roberts, Executive Director of the Pearland Area Chamber of Commerce, to report on the Founder's Days Celebration. Mr. Roberts thanked everyone who had worked on this celebration, with a special thanks going to City Attorney Bobby Williams who was this year's Chairman. Mr. Roberts estimated the number attending to be 25,000 people. DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 124, LEE MIDDLETON, AGENT FOR JOHNNY CASTLEBERRY, INC., OWNER, FROM CLASSIFICATION PLANNED UNIT TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: TRACT I - 3.26 acres of land situated in the Northeast 4.0 (called) area of land of Tract 61, Zychlinski Subdivision, of Section 4, HT&B RR. Co. Survey, Abstract 543, Brazoria County, Texas; and TRACT II - One (1) area of land situated in the Northeast 4.0 (called) acres of land of Tract 61, Zychlinski Sub- division of Section 4, HT&B RR. Co. Survey, Abstract 543, Brazoria County, Texas. NUMBER OF PERSONS SIGNING REGISTER: 40 PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: Lee Middleton spoke in favor of the requested zone change. He advised that the firm wished to erect a metal building on the property, and he felt the addition would enhance the property. Robert Kennedy, President of Johnny Castleberry, Inc. Mr. Kennedy stated that about six years ago he took over the operations of this company and that he acquired the property the latter part of last year. This firm has been affiliated with J -F -P Well Service for over ten years, which is located off Mykawa Road. When Johnny Castleberry sold J -F -P Well Service we moved over to a location on Harkey Road. We are presently renting a building on S. Highway 35. He stated that he would like to move back over to his own property since the rentors have moved out of the Scott Street location at the end of last year. He stated that he wished to erect a new metal building to house his wellhead equipment. Dennis R. Langehennig, 4703 Scott Lane, spoke in favor of the zone change. Jolondo Langehennig, 4703 Scott Lane, spoke in favor of the zone change. Kerry Spradley, 2715 Pinecone, also spoke in favor of the zone change. Lou Corte, Box 854, Pearland, Texas - Mr. Corte, a real estate agent, stated that he was interested in how an area was zoned when it was annexed by the City. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: R. G. Simmonds, Jr., 4802 Scott Lane W. R. Conners, 4710 Scott Lane Pat Douglas, 4804 Comal Steve Hoot, 4713 Scott Laura Howard, 4715 Scott AIM Florence Netzel, 4709 Scott Lee Scott, 4810 Scott James Poynter, 4717 Scott Sandy Lloyd, 4801 Comal Sterling Kirk, 4718 Comal Linda Nelson, 4711 Scott Billie Poynter, 4717 Scott Kenneth Douglas, 4804 Comal T. M. Hajacate, 4806 Comal Olen Nelson, 4711 Scott Hortensia Rios, 4805 Comal Guita E. Nickerson, 4716 Comal George Lloyd, 4801 Comal Ida Scott, 4810 Scott All of the above citizens spoke in opposition to the requested zone change, due to the commercial type operation, use of Scott Lane for entrance, unsightly premises which have been present for a number of years, and additional heavy traffic in area. Exhibits pre- sented showing pictures of site to be rezoned and of residential homes in the adjacent area. OUESTION AND ANSWER PERIOD: Councilman Gray made inquiry as to how long this non -conforming use had existed on this property. Mr. Kennedy advised that, to his knowledge, it has existed as commercial property for at least ten years. Mr. Kennedy further advised that in the latter part of last year he acquired the property. Councilman Bost inquired about the reference to this property as commercial rather than industrial. Mr. Kennedy advised that he had no heavy equipment coming into the property. On occasion, he would have a large truck making delivery of wellhead equip- ment. Councilman Lentz inquired as to where the ingress to the property would be located. Mr. Kennedy advised that he wished to keep the entrance on Scott Lane since the build- ing, he would be using, is located on the acreage on Scott and would require quite an expense to make the ingress off Mykawa. It was pointed out to Mr. Kennedy that a buffer such as fences, shrubs, etc. are used between a residential and commercial district. REPORT FROM PLANNING & ZONING COMMISSION: Mayor Reid read the following letter from the Planning & Zoning Commission dated August 25, 1983: August 25, 1983 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their special meeting on August 23, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 124, Lee Middleton, Agent for Johnny Castle- berry, Inc., Owner for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to Commercial (C). After discussion by the Com- 43 mission, a motion was made by Clyde Starns, seconded by Helen Beckman, that the Planning and Zoning Commission recommend that the City Council deny approval of Application No. 124 for a zone change from classification Planned Unit (PU) to Commercial (C). The motion carried 6-0. Even though the Land Use Plan shows that property to be commercial, the Planning and Zoning Commission felt that Scott Street is currently a residential area and it is bad planning to place a commercial zone within a residential area with- out a buffer zone. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commssion RT:kk ADJOURN HEARING COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF CITY SECRETARY MAYOR REID RECESSED THE MEETING AT 8:55 P. M. —RECONVENED AT 9:10 P. M. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 124, LEE MIDDLETON, AGENT FOR JOHNNY CASTLEBERRY INC., PU TO COMMERCIAL: It was moved by Councilman Gray, seconded by Councilman Bost that Application No. 124, Lee Middleton, Agent for Johnny Castleberry, Inc.,from PU to Commercial,be denied at this time and further time until such time as such buffers can be provided between residential and commercial development in any area. Motion passed 4 to 0. UNFINISHED BUSINESS: GALVESTON AVENUE PAVING PROJECT PROPOSAL BY SNOWDEN ENGINEERING: Resolution No. R83-31 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Bost that Resolution No. R83-31 be passed and approved on first and only reading. Said Resolution No. R83-31 reads as follows: RESOLUTION NO. R83-31 WHEREAS, the City of Pearland, Brazoria County, Texas, is in need of certain engineering services necessary for a street improvement project for South Galveston Street and WHEREAS, it is the opinion of the officials of the City of Pearland that the Engineering Firm of Snowden Engineering, 2121 E. Broadway, Suite B, Pearland, Texas, 77581, is ,a capable firm consisting of several engineers who are competent and cap- able in this specific field of work and having as principal members of the firm, engineers registered as Professional Engineers in the State of Texas. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pearland, that the Mayor is hereby authorized and instructed to sign a contract on behalf of the City of Pearland with Snowden Engineering for Engineering Services for a street improvement project. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Frauenberger, and Council- man Gray. Voting "No". None Motion passed 4 to 0. ORDINANCE NO. 246-88, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 123 - L. A. CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA: Ordinance No. 246-88 Read in caption by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 246-88 be passed and approved on first of two readings. Said Ordinance No. 246-88 reads in caption as follows: ORDINANCE NO. 246-88 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 Lentz, Councilman Bost, Councilman Frauenberger and Councilman Gray. Voting "No": None Motion passed 4 to 0. RESOLUTION NO. R83-29, A RESOLUTION NOMINATING A CANDIDATE FOR BOARD OF DIRECTORS OF BRAZORIA COUNTY APPRAISAL DISTRICT: City Manager Wicker and Tax Collector Lenamon recommended that Mr. George Hastings be nominated as a candidate for the Board. Resolution No. R83-29 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Gray that Resolution No. R83-29 be passed and approved on first and only reading. Said Resolution No. R83-29 reads in caption as follows: RESOLUTION NO. R83-29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 4 to 0. OFFICIAL NEWSPAPER: The proposal received from The Journal was reviewed by the City Council, and the Assistant to the City Manager, Gary Jackson, recommended that The Journal be named as the Official Newspaper for the City for one year beginning October 1, 1983. Resolution No. R83-28 read by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Frauenberger that Resolution No. R83-28 be passed and approved on first and only reading. Said Resolution No. R83-28 reads in caption as follows: RESOLUTION NO. R83-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL. 45 Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No": None Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: (CONTINUED) SECOND AND FINAL READING OF ORDINANCE NO. 224-6, AN ORDINANCE AMENDING THE BUILDING CODE: Ordinance No. 224-6 read in caption by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 224-6 be passed and approved on second and final reading. 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 Lentz, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No": None Motion passed 4 to 0. FIRST READING OF ORDINANCE NO. 459, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983: This item to be passed until information is received from the Appraisal District. FIRST READING OF ORDINANCE NO. 460, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE CITY OF PEARLAND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983: This item to be passed until information is received from the Appraisal District. NEW BUSINESS: (Continued) RESOLUTION NO. R83-27, A RESOLUTION ACCEPTING THE PROVISIONS AND PROPOSAL OF TEXAS DEPARTMENT 'OF HIGHWAYS AND TRANSPORTATION MINUTE ORDER NO. 81169 00054 AND OTHER MATTERS RELATING TO IMPROVEMENTS OF HIGHWAY FM 518: City Manager Wicker stated that the,Resolution prepared adopted the proposals, as well as outlines three additional items that we would like considered in this improvement project. The three additional items are as follows: 1. That the roadway elevation be maintained to assure utilization during disaster condition; 2. That the roadway be widened to five (5) lanes in the existing right-of- way with center lane designated for continuous two-way left turns; 3. That the roadway be constructed as a curb and gutter section. Resolution No. R83-27 read in full by Mayor Reid. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R83-27 be passed and approved on first and only reading. Said Resolution No. R83-27 reads in caption as follows: M RESOLUTION NO. R83-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE PROVISIONS AND PROPOSAL OF MINUTE ORDER NUMBER 81169 00054, PASSED AND APPROVED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON AUGUST 25, 1983. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Bost, and Councilman Lentz. Voting "No": None Motion passed 4 to 0. FINANCE DEPARTMENT'S ITEMS: It was moved by Councilman Gray, seconded by Councilman Bost that the following be encumbered in the 1983-84 fiscal year: $ 15,000.00 - Insurance Police Vehicles 5,000.00 - Advertising - City Secretary $175,275.00 - Streets Motion passed 4 to 0. It was moved by Councilman Bost, seconded by Councilman Frauenberger that a three per cent (3%) cost of living increase be granted to all eligible City employees, and this be charged to the 1983-84 Budget. Motion passed 4 to 0. It was moved by Councilman Lentz, seconded by Councilman Bost that the City Manager be authorized to disburse, as needed, operating expenses from the 1983-84 Budget. Motion passed 4 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the following be transferred from the Council Contingency Fund to Telephone Police Code 5519-- 2210; Telephone Shop Code 5519 - 3330; Insurance Group Code 5510 - 3360. Motion passed 4 to 0. RESOLUTION NO. R83-30, A RESOLUTION PROVIDING .FOR THE GIVING OF NOTICE OF PUBLIC HEARINGS TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF TERRITORY NOW LYING WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY (WEST TO WEST LINE OF O'DAY ROAD: Resolution No. R83-30 read in full by City Attorney Bobby Williams. It was moved by Councilman Gray, seconded by Councilman Frauenberger that Resolution No. R83-30 be passed and approved on first and only reading. Said Resolution No. R83-30 reads in caption as follows: RESOLUTION NO. R83-30 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARINGS 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 Lentz, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No": None Motion passed 4 to 0. M REQUEST BY STORER CABLE COMPANY TO ATTACH MICROWAVE LINK TO ELEVATED STORAGE TANK AT MCLEAN ROAD WATER PLANT: City Manager Wicker read into the records the following letter dated September 19, 1983 from the Storer Cable Company: September 19, 1983 Mr. Ron Wicker City Manager City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Dear Ron: As we discussed earlier today, Storer is interested in establishing a microwave receive hub within the City of Pearland. Driving through the area revealed that one of the two city water towers might serve our needs well. One is located on McLean Rd.; the other candidate is on Liberty Dr. Would you please consider the possible lease of space to us at either of these locations and advise me of.your willingness to participate in such an, agreement. Should you look favorably upon our request, we will pay for any engineering and construction costs associated with the project. As far as powering the system, that will also be done -at Storer's expense. Establishing this hub will be a very positive step towards significantly improv- ing the service to the residents of the City of Pearland; a move that will be in all of our interests. Sincerely, /s/ D. Wayne Rankin D. Wayne Rankin Houston Area Manager DWR/lld CC: Jim Chalk City Manager Wicker suggested that this request be granted to the Storer Cable Company for installation at the McLean Road Well Site, and that a $100.00 monthly fee be charged. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the City Staff be authorized to negotiate and prepare the necessary contract with Storer Cable Company to install a microwave dish and lease space on the McLean Water Tower for approximately $100.00 per month with the term of the contract to coincide with the term of the franchise. Also, that the Mayor be authorized to execute the contract. I— Motion passed 4 to 0. REVISED PRELIMINARY FLOOD MAPS DATED JUNE 27, 1983, FROM FEMA: City Manager Wicker advised the City Council that FEMA has advised that we have the right at this point to adopt the Preliminary Maps, they submitted, as the best avail- able information, and he recommended that at this time the Council approve the Prelimi- nary Maps and authorize the Mayor to send a letter stating that the maps. have been approved and that we intend to comply with these maps to the best of our ability. /Krol • It was moved by Councilman Gray, seconded by Councilman Bost that the City Manager be authorized to advise FEMA that the City Council approves the Preliminary Maps, dated June 27, 1983, and that the City has no plans to appeal the maps. Motion passed 4 to 0. APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Gray that the following in- voices be approved for payment out of the appropriate funds: (a) Application No. 6, Stone Construction Company in the amount of $154,965.00 for Library and Community Center; ' (b) Invoice No. 4490 (Interim Invoice No. 2), H. Platt Thompson in the amount of $21,296.88 for Engineering - Dixie Farm Road; (c) Invoice No. 3455, Langford Engineering, Inc., in the amount of $3,907.66 for Sanitary Sewer System Rehabilitation Study; (d) Invoice No. 1227, Losco Building Systems, INc. in the amount of $2,796.63 for Fire Station Improvements; (e) Invoice No. 57359 & 57463, partial payment estimate No. 8, Caldwell Tanks, Inc. in the amount of $15,187.50 for Alice St. & Liberty Road Water Tanks; (f) Invoice No. 57399, Caldwell Tanks, Inc., partial payment estimate No. 6, in the amount of $10,080,00 for McLean Road Water Tank; (g) Progress Estimate No. 1, Brown & Root, Inc., in the amount of $80,034.56 for Street Improvements; (h) Invoice No. 974-3 (Final), Mercer Construction Company, in the amount of $5,596.59 for Sewer Project. Motion passed 4 to 0. ESTABLISHMENT OF POLICY ON CLEAN COMMUNITY BUDGET: Mayor Reid asked that the Council set a policy on the funds to be allocated in the 1983-84 Budget under Clean Community. Originally, it was discussed that $15,000 would be for Clean Community and $5,000 would be for economic development by the Chamber of Commerce. In discussion of this item, it was brought out that it was the intent of the Council that this is not to be a permanent item in the budgets of the future, but will be phased out in a year or two. It was moved by Councilman Bost, seconded by Councilman Lentz that the City Staff and Attorney draw up service contracts with the Pearland Area Chamber of Commerce and Clean Community to cover the budgeted amount in the 1983-84 Budget. Motion passed 4 to 0. nTHFR RTTgTNRgR - 1. RECESSED AT 10:45 P. M. TO EXECUTIVE SESSION - ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY. 2. RETURNED TO OPEN SESSION AT 11:06 P. M. NEW BUSINESS: (Continued) PURCHASE OF REAL PROPERTY: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City Manager be authorized to negotiate and execute an Earnest Money Contract and proceed with the purchasing of approximately eight acres located on the West side of Pearland for the future growth of our sewage treatment facilities. Motion passed 4 to 0. C ADJOURN: Meeting adjourned at 11:07 P. M. Minutes approved as submitted and/or corrected this theday of_ (ClL�GB e� , A. D., 1983. Mayor ATTEST: ity, Secretary