1983-11-14 CITY COUNCIL REGULAR MEETING MINUTESW
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON NOVEMBER 14, 1983, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEX.
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilman
Dennis Frauenberger
Councilman
James E. Bost
Councilman
Al Lentz
Councilman
Terry Gray
City Manager
Ronald J. Wicker
City Attorney
Bobby Williams
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 Council-
man Bost.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman James Bost that the minutes of
the Special Meeting held on October 17, 1983, and the minutes of the Regular Meeting
held on October 24, 1983, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that he and Councilman Mack attended the H -GAC Meeting for cities
under 25,000 on November 3, 1983.
COUNCIL ACTIVITY REPORTS:
Councilman Lentz reported that he and the City Manager met with the Drainage District
recently to discuss some mutual problems. He stated that he felt that this was a
productive meeting and helped to solve our communications problem.
DEPARTMENTAL REPORTS:
City Manager Wicker reported that we are now ready to send out notices of the Hearing
on the proposed revised Land Use Ordinance and Revised Map. There will be an information
insert in The Journal so it can be reviewed by the citizens prior to the Hearing.
City Attorney Williams reported that the Budget this year provided for the updating of
the Code of Ordinances and he suggested that one or two of the members of the Council
work with the Staff and Municipal Code Corporation on this project. This work should
begin after the first of next year.
CITIZENS:
W. C. Conners - Mr. Conners appeared before the City Council regarding a trailer that
has been brought onto the premises at Scott and Mykawa. He stated that this was an
additional trailer and not one that was moved from one side of the property to the other.
He -also stated that this owner has also dug an angle ditch with no place for the water
to go but stand in the back. Also, some type of container barrels, stacked in pyramid
style, and there is no way to tell what might be in them. Mr. Conners asked that the
City take another look at this property and that the trailer be removed, that some means
be made so he will have proper drainage, and see if a retainer should not be built around
the container barrels on this property.
Mayor Reid asked City Manager Wicker to investigate this situation.
Frances Jamison - Mrs. Jamison was not present at the meeting.
Dn0XF.TFTn PTTRT,Tr HFARTNC:R
HEARING NO. 2 - ANNEXATION OF PROPERTY AS DEFINED IN RESOLUTION NO. R83-35, SOUTH-
WEST OF PRESENT CITY LIMITS, AND AS DEFINED IN THE JOURNAL NEWSPAPER AS PUBLIC
NOTICE ON OCTOBER 26, 1983, AND AS SHOWN ON THE EXHIBIT ON DISPLAY.
NUMBER IN ATTENDANCE: Nine
PRESENTATION OF MUNICIPAL SERVICE PLAN:
City Manager Wicker presented the Municipal Service Plan for this area that will be
available within 60 days of annexation of the property. This Service Plan is outlined
in full in Minutes of First Hearing on November 7, 1983.
City Engineer Qualtrough presented the capital improvements for water and sewer
on a
map displayed and advised that this was the same as the First Hearing with
the exception
of the elimination of one short water line which was erroneously shown on a
private road.
These capital improvements will be installed within two and one-half years
of the
annexation.
PERSONS SPEAKING FOR THE PROPOSED ANNEXATION:
Ken Ross, Principal of the Carleston Elementary School.
PERSONS SPEAKING AGAINST THE PROPOSED ANNEXATION:
1. Thomas E. Menn, Pearland, Texas;
2. Richard C. Baker, Pearland, Texas;
3. Jerry Kent, Pearland, Texas;
4. John Massey, Pearland, Texas.
QUESTION AND ANSWER PERIOD:
City Manager Wicker answered the questions posed by the individuals present
at the
meeting.
COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY.
ADJOURN HEARING AT 8:30 P. M.
DOCKETED PUBLIC HEARINGS:
LAND USE CHANGE - APPLICATION NO. 125, JEANNE C. CHANEY, AGENT FOR WILLIAM AND SARAH
ADAMS AND MARTY BROADNAX, OWNER. S1/2 OF LOT 17 AND ALL OF LOT 18, COMMERCIAL RESERVE
OF REGENCY PARK SUBDIVISION - MF TO GB
NUMBER IN ATTENDANCE: Nine
PERSONS SPEAKING FOR THE PROPOSED LAND USE CHANGE:
Jeanne C. Chaney, Agent, spoke before the City Council and advised that her clients
felt the best use of this property would be General Business since it was not large
enough to build apartments permitted under Multi -Family.
PERSONS SPEAKING AGAINST THE PROPOSED LAND USE CHANGE:
Antonio Hinojosa advised that he was not opposed to this request; however, he asked for
information on the type of business that could be placed on the property.
Mayor Reid read into the Records the report from the Planning and Zoning Commission
dated October 20, 1983, wherein they advised that they recommended approval of this
request.
October 20, 1983
The Honorable Mayor and City Council
City Hall
Pearland, Texas
Gentlemen:
At their special meeting on October 18, 1983, the Planning and Zoning Commission
held a public hearing on Application No. 125, Jeanne C. Chaney, Agent for William C.
and Sarah Adams and Marty Broadnax, Owners, for an amendment to the Land Use and Urban
Development Ordinance from classification Multi -Family Dwelling District (MF) to
General Business District (GB). After discussion by the Commission, a motion was made
by Bill Frascino, seconded by Leroy Savoie, that the Planning & Zoning Commission
recommend to the City Council approval of Application No. 125 for a zone change from
Multi -Family Dwelling District to General Business. Motion passed 5-0. It was noted
by the Commission that the replatting process would have to take place before any
building permits would be issued on this property.
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 Commission
RT : kk
QUESTION AND ANSWER PERIOD:
The question posed by Mr. Hinojosa was answered and a discussion was held regarding the
platting of this property.
ADJOURNED HEARING AT 8:45 P. M.
UNFINISHED BUSINESS:
None
NEW BUSINESS:
COUNCIL DECISION ON APPLICATION NO. 125, JEANNE C. CHANEY, AGENT FOR WILLIAM AND SARAH
ADAMS & MARTY BROADNAX - MF TO GB:
It was moved by Councilman Gray, seconded by Councilman Bost that the appropriate Ordi-
nance be prepared for Council consideration on the Land Use Change from MF to GB for
Jeanne C. Chaney, Agent for William and Sarah Adams and Marty Broadnax.
Motion passed 4 to 0.
HEARING BEFORE CITY COUNCIL ON APPEAL OF EMERGENCY WRECKER PERMIT ISSUED TO ARTHUR
PARTAIN:
Attorney Jim Wiginton called before the Meeting and asked that this item be withdrawn.
REVIEW OF BIDS RECEIVED UNDER BID NO. B83-15, RADIO COMMUNICATIONS CONSOLE, AND AWARD OF
BID:
Gary Jackson, Assistant to the City Manager, advised that we received only one bid on the
project. This was from Motorola Communications and Electronics, in the amount of
rut
$25,761.00. He advised the Council that other firms were invited to bid on the project
but did not.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that we accept the
bid from Motorola Communications and Electronics, in the amount of $25,761.00, and
payment be made from the General Fund Budget.
Motion passed 4 to 0.
REQUEST BY DRAINAGE DISTRICT NO. 4 FOR PARTICIPATION IN APPLYING FOR GRANT FOR FLOOD
CONTROL MANAGEMENT STUDY OF THE REACHES OF COWART AND CHIGGER CREEKS:
City Manager Wicker reported that this project would likely be on a 75/25 Grant, and
no definite amount has yet been set. This information derived from a study could be
used in a similar manner to the study prepared by R. Wayne Smith for the City. Mr.
Wicker advised that Malcolm Collins would prepare the Application for the Drainage
District; however, he did not know whether or not Mr. Collins would be doing the study.
It was moved by Councilman Lentz, seconded by Councilman Gray that the City agree to
participate with the Drainage District in applying for Flood Control Management Study
for the reaches of Cowart and Chigger Creeks, subject to the determination of the final
dollar amount.
Motion passed 4 to 0.
ORDINANCE NO. 462, ANNEXATION ORDINANCE (NASAWOOD AND TRIANGLE ANNEXATION):
Ordinance No. 462 read in caption by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance
No. 462 be passed and approved on the first of two readings.
Said Ordinance No. 462 reads in caption as follows:
ORDINANCE NO. 462
AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO
THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE
LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID
TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE
PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS
NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEAR -
LAND SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY
METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; APPROVING A
SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY;
PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN
SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL
FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Bost, and Councilman
Lentz.
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 463, ANNEXATION ORDINANCE (SOUTH ANNEXATION):
Ordinance No. 463 read in caption by Councilman Lentz. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 463
be passed and approved on first of two readings. Said Ordinance No. 463 reads in
7-7
caption as follows:
ORDINANCE NO. 463
AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE
CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS
OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY
WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE
LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS
OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HERE-
INAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS
ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN
SUCH TERRITORY; PRESCRIBING THE VOTING PRECINCTS FOR THE INHAB-
ITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS
ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEAR -
LAND; PROVIDNG A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND
CONTAINING 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.
ORDINANCE NO. 464, ANNEXATION ORDINANCE (WEST TO WEST R. 0. W. OF O'DAY ROAD:
Ordinance No. 464 read in caption by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 464 be
passed and approved on first of two readings. Said Ordinance No. 464 reads in caption
as follows:
ORDINANCE NO. 464
- AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE
CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS
OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY
WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE
LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS
OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HERE-
INAFTER PULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS
ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN
SUCH TERRITORY; PRESCRIBING THE VOTING PRECINCTS FOR THE INHAB-
ITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS
ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEAR -
LAND; PROVIDING A SAVINGS_CLAUSE; PROVIDING FOR PUBLICATIONS,
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye": Councilman Lentz, Councilman Bost Councilman Frauenberger, and Council-
man Gray.
Voting "No": None
Motion passed 4 to 0.
CALL OF PUBLIC HEARING ON PROPOSED REVISED LAND USE ORDINANCE AND PROPOSED REVISED LAND
USE MAP:
It was moved by Councilman Gray, seconded by Councilman Lentz that a Public Hearing be
called on the Revised Land Use Ordinance and the Proposed Revised Land Use Map for 7:30
P.M., December 5, 1983, in the Community Center.
Motion passed 4 to 0.
OTHER BUSINESS:
RECESSED TO EXECUTIVE SESSION AT 9:15 P. M. - TEXAS REVISED CIVIL STATUTES, SECTION 2,
SUBSECTION (e) LEGAL.
RETURNED TO OPEN SESSION AT 9:40 P. M.
NEW BUSINESS: (Continued)
PROPOSAL BY BERNARD JOHNSON, INC., FOR CLEAR CREEK SAFETY VALVE STUDY:
It was moved by Councilman Frauenberger, seconded by Councilman Lentz that this item
be passed at this time for further clarification.
RETURNED TO EXECUTIVE SESSION UNDER TEXAS REVISED CIVIL STATUTES, SECTION 2,
SUBSECTION (g) PERSONNEL AT 9:41 P. M.
RETURNED TO OPEN SESSION AT 10:44 P. M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION.
Meeting adjourned at 10:45 P. M.
Minutes approved as submitted and/or corrected this the 1Vday of ,
A. D., 1983.
Mayor
ATTEST:
City Secretary