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1984-04-09 CITY COUNCIL REGULAR MEETING MINUTES141, MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 9, 1984, 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 Al Lentz Dennis Frauenberger Terry Gray James E. Bost Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Fran Coppinger. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the Minutes of the Regular Meeting held on March 26, 1984, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a proclamation to representatives of the Clean Pearland, pro- claiming the week of April 22, through April 28, 1984, as "Keep America Beautiful Week". Mayor Reid called for a Joint Workshop Meeting of the Planning and Zoning Commission and the City Council on the proposed amended Land Use Ordinance. Mayor Reid reported on a trip to Washington, D. C., along with members of the Drainage District, to push for some appropriation on the Clear Creek Project as proposed by the Corps of Engineers. Ms. Judy Devine presented a Certificate of Appreciation to the Mayor from the Save Our Beach Committee in _the Surfside area. Used Christmas trees were furnished the Committee by our Sanitation Department and have been used to help stop erosion of the beaches in the beach area of Brazoria County. Mayor Reid reported that the Open House for the new Library was held on March 31, 1984 in conjunction with National Library Week. A large crowd was present,as well as author and news commentator Ray Miller. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Planning & Development Committee met on Monday, April 2, 1984, to review the proposed amended Land Use Ordinance, and they felt that this item is now ready for workshop with the Council and Planning Commission. Councilman Mack stated that he felt it was now time for the City Council to look at a set -back Ordinance on Dixie Farm Road since future planning is for this road to be a Farm -to -Market State Road. Mayor Reid asked that the Planning & Development Committee 142 present a recommendation to the City Council. Councilman Mack asked that the Staff furnish this Committee necessary information so that this can be done. Councilman Bost reported on a meeting with the Future Growth Committee of the PISD, and a bond issue for the School District is in the near future. DEPARTMENTAL REPORTS: City Manager Wicker stated that the ribbon -cutting was held on April 5, 1984, on the portion of Dixie Farm Road recently completed. CITIZENS: Tom Alexander spoke before the City Council in opposition to the passage of Ordinance No. 471, known as the Capital Maintenance and Recovery Fee Ordinance. Bob Campbell spoke before the City Council with a request that building permits be released on four model homes in Willowick Subdivision. These homes would be built by Park Avenue Homes. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: REUEST BY PARK AVENUE HOMES TO ALLOW CONSTRUCTION OF MODEL HOMES IN WILLOWICK SUB- DIVISION: It was moved by Councilman Gray, seconded by Councilman Frauenberger that Park Avenue Homes be allowed to construct four model homes but no occupancy permit be given until the entire subdivision is accepted. Motion passed 5 to 0. Councilman Gray stated that since this is likely to become a common occurrence, that the Staff work up some policy on model homes that could be acted on by them, as long as we have the understanding that the houses built will not be given an occupancy permit until the subdivision is approved. City Manager Wicker advised that a recom- mendation to the Council would be forthcoming. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 127, WOODROW LESIKER, AGENT FOR WHEATON COLLEGE, OWNERS, FROM CLASSIFICATION PLANNED UNIT (PU) TO MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT (R-2) ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: 110 Acres, more or less, being Lots 3 through 10 of the S. W. Narregang Subdivision of the Southwest 320 acres of the lower middle 1/4 of the W.D.C. Hall League, Abstract 70, according to the map or plat thereof recorded in Volume 1, Page 92, of the Plat Records of Brazoria County, Texas, and Lots 8, 9, and 10 of the George W. Jenkins Subdivision of the W.D.C. Hall League Abstract 70, according to the map or plat thereof re- corded in Volume 79, Page 616 of the Deed Records of Brazoria County, Texas. (Vicinity Dixie Farm Road Area). NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 5 PERSONS WISHING TO SPEAK FOR THE CHANGE IN LAND USE: 1. David O'Ferrell, representing Sherwood Allen, Developer of the property - Mr. O'Ferrell stated that the development of this property would be R-1 or R-2 size lots even though they were asking for R-2. on PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE IN LAND USE: 1. Rona Williamson, 3504 Dixie Farm Road - Mrs. Williamson stated that she was opposed to R-2 zoning for this tract of land. 2. Jim Peck, 1515 Westfield - Mr. Peck stated he was in opposition to this request due to the condition of Dixie Farm Road where 500 more automobiles would be using it, as well as the drainage. 3. John Williamson, 3504 Dixie Farm Road - Mr. Williamson spoke in opposition to R-2 zoning for this property. PLANNING AND ZONING COMMISSION REPORT: Mayor Reid read the following report from the Planning and Zoning Commission: March 8, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their regular meeting on March 6, 1984, the Planning and Zoning Commission held a Public Hearing on Application No. 127, Woodrow Lesiker, Agent for Wheaton College, Owners, for an amendment to the Land Use and Urban Development Ordinance from classifi- cation Planned Unit (PU) to Medium Density Single Family Dwelling District (R-2). Some members of the Commission were concerned that the entire acreage would be zoned R-2 and would like to see at least part of it be zoned R-1. Clyde Starns made the motion seconded by Hardie Barr, to recommend to the City Council approval of Application No. 127 for a zone change from PU to R-2.- The motion passed 5-2 with Leroy Savoie and Bill Frascino voting against the motion. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Yours truly, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commission RT : kk QUESTION AND ANSWER PERIOD: ADJOURN: Hearing adjourned at 8:50 P. M. COMPLETE TAPE ON FILE IN OFFICE OF CITY SECRETARY NEW BUSINESS:(Continued) COUNCIL DECISION ON APPLICATION NO. 127, LAND USE CHANGE - WOODROW LESIKER, AGENT FOR WHEATON COLLEGE: It was moved by Councilman Mack, seconded by Councilman Gray that the City Attorney be instructed to prepare an amendment to the Land Use Ordinance in accordance with the request made in Application No. 127, Woodrow Lesiker, Agent for Wheaton College. Motion passed 4 to 1. Councilman Bost opposed. CALL OF PUBLIC HEARING ON REQUEST BY ENTEX FOR RATE INCREASE: It was moved by Councilman Gray, seconded by Councilman Frauenberger that a Public Hearing be called for April 23, 1984, under Docketed Public Hearings of the regular agenda, on the request by Entex, Inc. for a rate increase. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 470, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984: Ordinance No. 470 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Lentz that Ordinance No. 470 be passed and approved on second and final reading. Said Ordinance No. 470 reads in caption as follows: ORDINANCE NO. 470 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 471, AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS: Ordinance No. 471 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 471 be passed and approved on second and final reading. Said Ordinance No. 471 reads in caption as follows: ORDINANCE NO. 471 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING THERETO A NEW ARTICLE IV TO BE ENTITLED "CAPITAL MAINTENANCE AND RECOVERY FEES;" PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. City Manager Wicker made the following administrative recommendations regarding this Ordinance: 1. If a permit is issued on a new platted lot that has had the taps for water and sewer already made, that we not charge a tap fee; 2. If a permit is issued on a lot that no taps have been made, then we charge for the water tap fee and sewer tap fee. x.45 It was moved by Councilman Lentz, seconded by Councilman Bost that the fee schedule proposed be adopted including the provision that there will be no tap charges if the taps are already in, and that administrative decisions be made relative to the capital recovery charges to be assessed on remodeling. Motion passed 5 to 0. REVIEW AND.AWARD OF BID NO. B84-6 - HATFIELD ROAD REALIGNMENT AND CONSTRUCTION: The following bids were reviewed by the City Council: VENDOR BASE BID DAYS BID SURETY ALTERNATE NO. 1 Skrla, Inc. $95,851.50 90 5% $84,066.95 I. 0. I. Systems, Inc. 94,315.25 90 5% 85,267.25 Brown & Root, Inc. 82,751.70 90 5% 67,245.60 Kinsel Industries, Inc. 92,025.00 90 5% 111,761.10 Ike Hall 91,076.86 90 5% 67,841.75 City Manager Wicker advised that we have a commitment from the property owner to spend up to $10,000 for concrete as opposed to asphalt. It was moved by Councilman Lentz, seconded by Councilman Gray that Bid No. B84-6 be awarded to Brown & Root, Inc. on the base bid in the amount of $82,751.70, and that we accept the contribution from landowner to participate in this project. The official award of the contract will be delayed until such time as we receive the $10,000 from the landowner. Motion passed 3 to 2. Councilman Mack and Councilman Bost opposed. FINAL ACCEPTANCE OF SHERWOOD PLACE SUBDIVISION AND RELEASE OF BUILDING PERMITS: Mayor Reid read a memorandum from Dick Qualtrough, City Engineer, regarding final acceptance of Sherwood Place wherein he recommended acceptance of the Subdivision with the provision that no building permits be issued until the receipt of the Main- tenance Bond and a satisfactory water test report. It was moved by Councilman Bost, seconded by Councilman Gray that we accept Sherwood Place Subdivision with the provision that no building permits be issued until the proper Maintenance Bond is received, as well as a satisfactory water test report. Motion passed 5 to 0. ORDINANCE NO. 472, SPEED ZONE ORDINANCE ON DIXIE FARM ROAD: Ordinance No. 472 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Bost, seconded by Councilman Lentz that Ordinance No. 472 �- be passed and approved on first of two readings. Said Ordinance No. 472 reads in caption as follows: ORDINANCE NO. 472 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. 146 Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman Gray. Voting "No": None Motion passed 5 to 0. APRIL 7, 1984 CITY OFFICERS' AND SPECIAL ELECTIONS ON CHARTER AMENDMENTS: Mayor Reid read into the records the following vote tabulation from the Central Counting Station on the April 7, 1984 Elections: FOR MAYOR NAME OF CANDIDATE Tom Reid TOTAL NUMBER OF VOTES RECEIVED 201 Resolution No. R84-8 read in full by Mayor Reid, Councilman Bost and Councilman Frauen- berger. It was moved by Councilman Bost, seconded by Councilman Mack that Resolution No. R84-8 be passed and approved on first and only reading. Said Resolution No. R84-8 reads in caption as follows: RESOLUTION NO. R84-8 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' AND SPECIAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 7, 1984. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. Mayor Reid signed the Certificates of Election for Councilman Bost and himself. Bobby Williams, City Attorney, administered the Oath of Office to Mayor Reid. Mayor Reid administered the Oath of Office to Councilman Bost. FOR MEMBER OF THE COUNCIL POSITION NUMBER THREE James E. Bost 186 PROPOSED CHARTER AMENDMENT NO. 1 FOR 57 AGAINST 189 PROPOSED CHARTER AMENDMENT NO. 2 FOR 188 AGAINST 42 PROPOSED CHARTER AMENDMENT NO. 3 FOR 183 AGAINST 50 PROPOSED CHARTER AMENDMENT NO. 4 FOR 183 AGAINST 53 PROPOSED CHARTER AMENDMENT NO. 5 FOR 182 AGAINST 49 PROPOSED CHARTER AMENDMENT NO. 6 FOR 182 AGAINST 48 PROPOSED CHARTER AMENDMENT NO. 7 FOR 186 AGAINST 45 PROPOSED CHARTER AMENDMENT NO. 8 FOR 187 AGAINST 44 PROPOSED CHARTER AMENDMENT NO. 9 FOR 181 AGAINST 45 Resolution No. R84-8 read in full by Mayor Reid, Councilman Bost and Councilman Frauen- berger. It was moved by Councilman Bost, seconded by Councilman Mack that Resolution No. R84-8 be passed and approved on first and only reading. Said Resolution No. R84-8 reads in caption as follows: RESOLUTION NO. R84-8 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' AND SPECIAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 7, 1984. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. Mayor Reid signed the Certificates of Election for Councilman Bost and himself. Bobby Williams, City Attorney, administered the Oath of Office to Mayor Reid. Mayor Reid administered the Oath of Office to Councilman Bost. 147 APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION: This item to be placed on the next regular agenda. MEETING RECESSED AT 10:05 P.M. RECONVENED AT 10:15 P.M. OTHER BUSINESS: Mayor Reid recessed the Meeting to Executive Session under Texas Revised Civil Statutes, Article 6272-17, Section 2, Subsection (g) Personnel at 10:15 P.M. Reconvened at 10:48 P. M. - No action as a result of Executive Session. ADJOURN: Meeting adjourned at 10:48 P. M. Minutes approved as submitted and/or corrected this the Y 4 day of L,.e A. D . , 1984. ��JJ Mayor ATTEST: (2ty Secretary