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1984-05-30 CITY COUNCIL REGULAR MEETING MINUTES168 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 30, 1984, AT 7:30 P.M., IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The Meeting was called to order with the following present: Mayor Tom Reid Councilman/Mayor Pro Tem Dennis-Frauenberger Councilman Terry GFay Councilman Charles R. Mack Councilman Al Lentz Councilman James, -E. Bost (entered at 7:35 P.M.) City Manager Ronald J. Wicker -City---Attorney Bobby Williams P-i_�y-Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Jessie Guinn of the Corrigan Civic Club. The Pledge of Allegiance was led by George Treibell of the Parks, Recreation and Beautification Board. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the Minutes of the Regular Meeting held on May 14, 1984, be approved as submitted. Motion passed 4 to 0. Councilman Bost not present at this time. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the Minutes of the Special Meeting held on May 21, 1984, be approved as submitted. Motion passed 3 to 0. Councilman Gray abstained, and Councilman Bost not present at this time. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a proclamation to George Treibell, Chairman of Parks, Recreation and Beautification Board, proclaiming the month of June as, "Parks and Recreation Month" in Pearland. Mayor Reid presented a proclamation to Guy Roberts, Executive Director of the Pearland Area Chamber of Commerce, proclaiming July 21, 1984 as, "Pearland Night at the Astrodome". COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wicker reported that Ramex Construction Company has moved in their con- struction shacks, and will begin construction on Liberty Drive and Galveston Avenue within the next week or so. Buford Parrish, Personnel Director for the City, explained the HMO Insurance program to the City Council. Mr. Parrish advised that the 1973 HMO Act provides that, when approached by a HMO representative, the employer must offer this Plan as an alterna- tive to the City's Group Insurance. HMO would eliminate the emloYee having to pay the customary $500-$600 up front, as is required under the Group policy. The fee would be $5.00 per office visit, $2.00 per month for medication, $5.00 for eye examina- tion, and $2.00 for lab tests. City Manager Wicker advised the City Council that the Staff would be pursuing various agencies regarding this type pf coverage, and the purpose of this discussion was to make the Council aware of the situation. 169 Barbara Lenamon, Tax Assessor -Collector, advised that she would be receiving the preliminary tax rolls on May 31, 1984. The Appraisal District plans to start their Board of Review on June 5, 1984. CITIZENS: None DOCKETED PUBLIC HEARINGS: I. LAND USE CHANGE APPLICATION NO. 130, RICHARD M. STRAUSS ON 7.82 ACRES OF LAND INCLUDING 0.20 ACRES IN THE RIGHT OF WAY OF FM 518 OUT OF THE EAST ONE-HALF OF LOTS 50 AND 52 OF THE ALLISON-RICHEY GULF COAST SUBDIVISION, SECTION 6 OF THE H.T.&B. RR COMPANY SURVEY, ABSTRACT 544. CLASSIFICATION PD TO COMMERCIAL (6100 BLOCK OF WEST BROADWAY). NUMBER OF PERSONS SIGNING THE ATTENDANCE REGISTER: 6 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Jessie Johnson, 3820 E. Broad- way, Pearland - She stated that she felt this should be business property, but her only concern was what type of business. COMMUNICATIONS: Mayor Reid read the following letter from Richard Tetens, Chairman of the Planning & Zoning Commission, as follows: May 7, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their regular meeting on May 1, 1984, the Planning and Zoning Commission held a public hearing on Application No. 130, Richard M. Strauss, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Pre -Development (PD) to Commercial (C). During the discussion about this zone change request, it was brought out that neighboring property currently zoned Commercial is approximately 400' deep and also that the City intends to zone about 400' Commercial under the proposed new zoning ordinance. It was, therefore, the feeling of the Planning and Zoning Commission that the 830' depth requested by Mr. Strauss was too much. A motion was made by Frank Ravet seconded by Clyde Starns to recommend that the City Council deny Application No. 130 for an amendment to the Land Use and Urban Development Ordinance from classification Pre -Development (PD) to Commercial. The motion passed 6-0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Yours truly, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commission RT:kk Mayor Reid read a letter from L. F. Johnson requesting that no "beer joints, etc." be approved next to his property. QUESTION AND ANSWER PERIOD: None HEARING ADJOURNED: COMPLETE TAPE OF HEARING ON FILE WITH THE CITY SECRETARY. 1.70 CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 130, RICHARD M. STRAUSS: A discussion was held regarding this Application, and Councilman Gray advised that he felt the Council should look at the proposed amended map and see what the use would be for the remaining 430 feet. It was decided that this matter should be tabled until the Staff has time to review the proposed amended map and evaluate this request. It was moved by Councilman Lentz, seconded by Councilman Gray that this item be tabled for a future meeting to allow the Staff time to evaluate this in line with what has been proposed under the new proposed ordinance. Motion passed 4 to 1. Councilman Mack opposed. DOCKETED PUBLIC HEARINGS: (Continued) II• LAND USE CHANGE APPLICATION NO. 131, JAMES BARNETT, AGENT FOR W. J. MADDEN, OWNER. 1) A 2.9713 acre tract of land being part of Lot 20 and all of Lots 21 and 22 of the George W. Jenkins Subdivision, James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 20 of the Brazoria County Plat Records. Classification Planned Unit to Commercial. 2) A 20.8355 acre tract of land being part of Lots 15, 16, and 20 and all of Lots 17, 18, 19, and 24 of the George W. Jenkins Subdivision located in the James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, according to the map as recorded in Volume 2, Page 20 of the Brazoria County Plat Records and also being part of Lot F, Hoidale and Coffman Subdivision, James T. Perry and Emily Austin League, Abstract 111, Brazoria County, Texas, according to the Plat as recorded in Volume 2, Page 3 of the Brazoria County Plat Records. Classification Planned Unit to General Residence. (Location East Broadway) NUMBER OF PERSONS SIGNING THE ATTENDANCE REGISTER: 6 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: W. J. Madden, 1103 Coward Creek Drive, Friendswood - Mr. Madden stated that he was in favor of the change for Commercial use of the property. Nolen Bedford, 3114 Cypress, Missouri City, Texas - Mr. Bedford stated that he was one of the nearby landowners and after reviewing the plans would like to go on record as being in favor of the requested amendment. James Barnett, Pearland - Mr. Barnett presented plans for the development of part of the acreage involved in the GR request. Mr. Barnett stated that he has discussed straighten- ing out of Mary's Creek with Mr. Yost of the Drainage District. Mr. Yost has agreed to do this if we will give them a right-of-way. This is the front part of Mr. Barnett's property and not a part of the plat presented. Mr. Barnett stated that when the work was completed on the creek that he planned to ask for this section to be zoned General Business. R. G. Barras, Southern Group Builders, Houston, Texas - Mr. Barras presented several sketches of homes that he planned to build in Mr. Barnett's subdivision if it is approved. George Slaughter, Pearland, Texas - Mr. Slaughter advised that he is co-owner with Mr. Bedford, and he wished to speak in favor of this zone change. 171 John Garner, Pasadena, Texas - Engineer for the project. PERSONS WISHING TO SPEAK AGAINST THIS PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: A discussion was held regarding the GR zoning requested and the possibility of Plan Approval with final plat approval by the Planning and Zoning Commission prior to or at the same time the zoning was approved. It was brought out that FEMA would require plans before approval of any excavation work on Mary's Creek. COMMUNICATIONS: Mayor Reid read the following letter dated May 7, 1984 from Richard Tetens, Chairman of the Planning and Zoning Commission: May 7, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their regular meeting on May 1, 1984, the Planning and Zoning Commission held a public hearing on Application No. 131, James Barnett, Agent for W. J. Madden, Owner, for an amendment to the Land Use and Urban Development Ordinance from Planned Unit (PU) to Commercial (C) on a 2.9713 acre tract and from Planned Unit (PU) to General Residence (GR) on a 20.8355 acre tract. During discussion by the Commission it was brought out that the City is currently making an effort, under the proposed new zoning ordinance, to zone most of the property along that part of FM 518 General Business rather than Commercial because of some of the construction allowed in Commercial classification which may not be suitable with residential areas close by. In addition, the Commission advised Mr. Madden that a GR zone was not usually acceptable to the Planning Commission because of the variety of housing permitted under this zoning. Clyde Starns made the motion, seconded by Bill Frascino to recommend that the City Council deny Application No. 131 for a zone change from Planned Unit to Commercial and General Residence. The motion carried 6-0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Yours truly, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commission RT:kk HEARING ADJOURNED MEETING RECESSED AT 8:50 P. M. - RECONVENED AT 9:00 P. M. NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 131, JAMES BARNETT, AGENT FOR W. J. MADDEN, OWNER: Mr. John Garner, representing James Barnett, Agent, requested an amendment to this Appli- cation to exclude the tract that is shown as 2.4617 acres bounded by Highway 518 and the Creek, thereby making this remain as PU; and the 2.9713 acre tract, that was re- quested changed from PU to Commercial, be amended from PU to General Business; and the remainder of the application to be GR as presented. The Agent and the Owner were advised that they would need to file a proper letter of amendment with the City. 172 It was moved by Councilman Gray, seconded by Councilman Lentz that the City Attorney be instructed to prepare necessary ordinances for Application No. 131 changing 2.9173 acres from PU to General Business and 18.4 acres on the North side of Mary's Creek be changed from PU to GR with the contingency that the second and final reading of the ordinance will not be read until such time as final approval of the plat. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 474, AN ORDINANCE OF THE CITY OF PEARLAND FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC.: Ordinance No. 474 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 474 be passed and approved on second and final reading. Said Ordinance No. 474 reads in caption as follows: ORDINANCE NO. 474 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC., FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUS- TOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE EFFECTIVE DATE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 473, AN ORDINANCE OF THE CITY ALTERING THE PRIMA FACIE SPEED LIMITS ON LIBERTY DRIVE AND SHADYBEND DRIVE: Ordinance No. 473 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Mack that Ordinance No. 473 be passed and approved on second and final reading. Said Ordinance No. 473 reads in caption as follows: ORDINANCE NO. 473 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 INVESTIGA- TION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PRO- VIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. 173 NEW BUSINESS: (Continued) RESOLUTION NO. R84-13, A RESOLUTION AUTHORIZING MAYOR TO EXECUTE MUTUAL FIRE AGREEMENT WITH ALVIN AND FRIENDSWOOD: City Manager Ron Wicker advised the City Council that this is an agreement where recip- rocal aid is given to one another by the cities of Pearland, Alvin and Friendwood. We have been doing this in the past; however, this will make the operation legal when aid is needed. Resolution No. R84-13 read in full by Mayor Reid. It was moved by Councilman Bost, seconded by Councilman Lentz that Resolution No. R84-13 be passed and approved on first and only reading. Said Resolution No. R84-13 reads in caption as follows: RESOLUTION NO. R84-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID FIRE AGREEMENT WITH THE CITY OF ALVIN AND THE CITY OF FRIENDSWOOD. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. FINAL ACCEPTANCE OF WILLOWICK SUBDIVISION: Mayor Reid read into the records a memorandum dated May 22, 1984 from Bill Thomasset, Director of Public Works, regarding the acceptance of Willowick Subdivision, as follows: TO: Mayor and City Council City of Pearland FROM: Bill Thomasset, Director of Public Works DATE: May 22, 1984 SUBJECT: Willowick Subdivision It is recommended that the Willowick Subdivision off McLean Road be accepted by the City for use by the public. It was moved by Councilman Lentz, seconded by Councilman Bost that Willowick Subdivision be approved subject to all paperwork being submitted. Motion passed 5 to 0. --- ORDINANCE NO. 246-92, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 128, AND AMENDMENT BY LETTER 4/19/84, ST. STEPHENS LUTHERAN CHURCH: Ordinance No. 246-92 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 246-92 be passed and approved on first of two readings. Said Ordinance No. 246-92 reads in caption as follows: 1. 74 ORDINANCE NO. 246-92 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PRO- VIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVID- ING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-93, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 129, NELSON SOUTHWEST DEVELOPMENT COMPANY: Ordinance No. 246-93 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 246-93 be passed and approved on first of two readings. Said Ordinance No. 246-93 reads in caption as follows: ORDINANCE NO. 246-93 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 475, AN ORDINANCE PROVIDING FOR THE PAYMENT FOR REPAIR OF SEWER LINE ON WALNUT STREET: Ordinance No. 475 read in caption by Councilman Gray. (First and Only Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 475 be passed and approved on first and only reading under the emergency provision as set out in Section 8.16 of the Charter. Said Ordinance No. 475 reads in caption as follows: ORDINANCE NO. 475 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE REPAIR OF A SANITARY SEWER LINE, PROVIDING FOR THE PAYMENT THEREOF, AND DECLARING AN EMERGENCY. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment: 175 (a) Invoice No. 3814, Langford Engineering Company in the amount of $2,337.28 for Study and Report for Upgrading 3 Sewer Plants and Study and Report for Channel Improvement to Clear Creek; (b) Invoice No. 3815, Langford Engineering Company in the amount of $4,691.58 for preparation of Application for Two (2) New Wastewater Discharge Permits; (c) Final Invoice On Skrla, Inc. in the amount of $44,445.40 for Dixie Farm Road construction. Motion passed 5 to 0. BID NO. B84-10, CONSTRUCTION OF FENCE AT INDEPENDENCE PARK SOFTBALL FIELD: The following bids were reviewed by the City Council: VENDOR AMOUNT COMPLETION DATE BID SECURITY National Fence Co. $ 9,970.00 45 Calendar Days 5% Bid Bond Cram Construction, Inc. $21,937.00 45 Calendar Days 5% Bid Bond All -Tex Fence Co. $12,009.44 45 Calendar Days 10% Cashier's Check Harrison Fence Co. $15,520.00 45 Calendar Days 5% Cashier's Check It was moved by Councilman Gray, seconded by Councilman Bost that Bid No. B84-10, Fencing for Softball Field, be awarded to the National Fence Company in the amount of $9,970.00 as the lowest and best bid. Motion passed 5 to 0. Staff to look into possibility of additional fencing in the area of the Kiddie Park. AUTHORITY TO SUBMIT GRANT APPLICATION TO TEXAS PARK AND WILDLIFE FOR PURCHASE OF PARKLAND: Park Director Barry Smink appeared before the City Council to explain his request dated May 24, 1984 to pursue and submit a grant application to the Texas Parks & Wildlife Department. This would be for the purchase of parkland owned by Dr. Manus and located off McLean Road. The following is summary of proposed grant: NAME OF GRANT: ADMINISTRATION OF GRANT: FUNDING LEVEL: PROJECT DESCRIPTION: ITEM Texas Parks and Open Space Fund Texas Parks & Wildlife Department 50/50 Matching Funds Purchase of property (land acquisition) Picnic units and nature areas Playground equipment Parking Area PROJECT TOTAL PROPOSED FUNDING: City of Pearland $250,000 State of Texas $250,000 CITY OF PEARLAND PROPOSED MATCH: Donation of land by Dr. Manus $207,000 *General Fund (Capital outlay or ESTIMATED EXPENDITURE $483,000 6,000 4,000 7,000 $500,000 $500,000 revenue sharing) $ 43,000 $250,000 *Dr. Manus has requested that his payment for the land be dispensed over a five year period of time. This is acceptable according to the guidelines and procedures of the Texas Parks & Open Space Fund. W It was moved by Councilman Lentz, seconded by Councilman Mack that the Staff be autho- rized to submit an application to the Texas Parks & Wildlife for the purpose of pur- chasing parkland. Motion passed 5 to 0. RATIFICATION OF APPOINTMENTS TO CIVIL SERVICE COMMISSION AND PARKS, RECREATION AND BEAUTIFICATION BOARD: City Manager Wicker requested that the City Council ratify the reappointment of Gail Birdsong as a member of the Civil Service Commission for a period of three years. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City Manager's reappointment of Gail Birdsong to serve on the Civil Service Commission be ratified. Motion passed 5 to 0. Mayor Reid submitted the name of Tootie McComb to serve as a member of the Parks, Recreation and Beautification Board. It was moved by Councilman Mack, seconded by Councilman Lentz that Tootie McComb be appointed as a member of the Parks, Recreation and Beautification Board. Motion passed 5 to 0. SUPPLEMENTAL PROPOSAL FROM LANGFORD ENGINEERING, INC. FOR ENGINEERING STUDY AND REPORT FOR COMBINING THE CITY'S THREE EXISTING WASTEWATER TREATMENT PLANTS: Director of Public Works Thomasset explained to the City Council that when we received our Permits we were placed on a two-year schedule to go from a 10/15/3 effluent standard to a 5/12/2 effluent standard. Mr. Thomasset advised that it is very expensive to go from the 10/15/3 to the 5/12/2 standard, and that all three plants are located in the floodway with one reservation, that being the Barry Rose Plant which is in the floodway and the flood plain. The Twin Creek Woods plant is a package plant and treats all sewage through one channel, and if anything happens to the plant we have to bypass everything. He stated that this plant, in his opinion, was a candidate for abandonment. He also stated he felt we should find out whether or not we should operate one plant, two plants, or three plants. Barry Rose plant is the only one that can be extended without working in the floodway. The cost of the study will not be more than $19,850 and he recommended that the Supplemental Proposal for Engineering Study and Report for Combining the City's Three Existing Wastewater Treatment Plants, made by Langford Engineering, Inc., be approved. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the Supple- mental Proposal for Engineering Study and Report for Combining the City's Three Existing Wastewater Plants be approved and the Mayor authorized to sign same on behalf of the City. Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 9:50 P.M. UNDER TEXAS REVISED CIVIL STATUTES ARTICLE 6252-17, SECTION 2, SUBSECTION (f) LEASE, PURCHASE, OR EXCHANGE OR VALUE OF REAL PROPERTY, AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:45 P. M. - NO ACTION ADJOURN: Meeting adjourned at 10:45 P. M. Minutes approved as submitted and/or corrected this the_Z/ day of 1 c%Y1�1 Mayor ATTEST: \,�ity Secretary 177