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1984-06-11 CITY COUNCIL REGULAR MEETING MINUTES178 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL_OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 11, 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 Councilman Councilman Councilman City Manager City Attorney City Secretary Tom Reid Al Lentz Charles R. Mack Terry Gray Ronald J. Wicker Bobby Williams Dorothy L. Cook Absent from the Meeting: Councilman Dennis Frauenberger and Councilman James E. Bost. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Ray Blaylock, Civil Defense Disaster Coordinator for the City. The Pledge of Allegiance was led by Helen Beckman, former member of the Planning and Zoning Commission. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the Minutes of the Regular Meeting held on May 30, 1984, be approved as submitted. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid presented Certificates of Appreciation to Helen Beckman and Bill Frascino for their service to the City as members of the Planning and Zoning Commission. Ray Blaylock, Disaster Coordinator for the City, discussed the possibility of another hurricane occurring in our area, and urged the citizens to take necessary precautions in the event a hurricane watch or warning is issued by the Weather Bureau. Mr. Blaylock also reported on the 9-1-1 System and the progress being made on this future service to the citizens of the area. The current telephone bills reflect a 20� charge which is being used to buy equipment for the system and, in the long run, will save some three million dollars in finance charges. Mayor Reid announced that on June 21, and June 22, the Annual Beautify Texas Awards will be held in Greenville. Mayor Reid stated that the local winners are the City of Pear - land, for one of five Governor's Community Achievement Awards; The Pearland Journal received the Media Award, first place; Girl Scout Troop from Pearland, first place for Junior High age group children in the State; Pearland Student Council at the Inter- mediate School won State, second place. Mayor Reid stated that he planned to be present to receive the Award on behalf of the City of Pearland. DEPARTMENTAL REPORTS: City Manager Wicker reported that Liberty Drive has been closed for reconstruction, and that the City would try to keep John Lizer Road in a passable condition to help move some of the traffic caused by this project. Joint Workshop between the Planning and Zoning Commission and the City council will be held on Monday, June 18, 1984, on :the proposed amended Land Use Ordinance and Map. CITIZENS: Mr. Timothy A. Mattingly, representing the Whispering Winds development here in Pearland, spoke to the City Council regarding charges under Ordinance No. 471, Capital Maintenance and Recovery Fee Ordinance. He stated that the developers of Whispering Winds Sub- division are willing to commit funds for this project; however, they would like a five- year pay -out of the fees under this Ordinance. He asked that the City Council give the City Manager authority to negotiate with the developers.for payment of the capital recovery fees in installments not to exceed 60 months. Mr. Malcolm Collins, Jr., representing Apollo Mobile Home Park, spoke to the Council regarding the charges under the Capital Maintenance and Recover Fee Ordinance. He stated that the developers of this Mobile Home Park have been caught in something that they were not aware of since this project was started some four or five years ago. Interest rates escalated quickly and made it economically unfeasible to proceed with the project at that time. When interest rates returned to a lower level, the project was started and it is now approximately 85% complete. They now have been informed there will be some additional charges of $1330.00 per pad on this project. Mr. Collins advised that this is an extreme hardship on the developers, and that any help the Council could give them regarding these fees would be appreciated. City Manager Wicker stated he has talked to both individuals that appeared tonight about the Capital Recovery Fees , and asked that the Council give him some time between now and the next Council Meeting to come back with a recommendation on both cases. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ACTION PERTINENT TO CAPITAL RECOVERY FEE ORDINANCE NO. 471: It was moved by Councilman Lentz, seconded by Councilman Gray that this matter be referred to the City Manager for recommendation. Motion passed 3 to 0. City Manager Wicker advised that he would try to come back with a recommendation by the June 25, 1984, meeting. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 132, LUTHER SAWYER, OWNER, FROM CLASSIFICATION PRE - DEVELOPMENT DISTRICT (PD) TO COMMERCIAL (C) ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: Lot 7 of the Johnson Subdivision of the Northwest one-fourth of the Northwest one-fourth, Section 13, H.T.&B.R.R. Company Survey, Abstract 240, Brazoria County, Texas. (Location 6210 F.M. 518) NUMBER OF PERSONS SIGNING THE ATTENDANCE REGISTER: None PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read the following report from the Planning and Zoning Commission: May 16, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas Gentlemen: At their special meeting on May 15, 1984, the Planning and Zoning Commission held a public hearing on Application No. 132, Luther A. Sawyer, Owner, for an amendment to 0 ., the Land Use and Urban Development Ordinance from classification Pre -Development Dis- trict (PD) to Commercial (C). In general, the Commission felt this zone change was in line with what the City's intentions are for that area. A motion was made by Leroy Savoie, seconded by Frank Ravet, that the Planning and Zoning Commission recommend to the City Council approval of Application No. 132 for a zone change from Pre -Development to Commercial. Motion passed 5-0. The Planning and Zoning Commission is submitting this recommendation for Council's consideration. Yours truly, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commission RT:kk HEARING ADJOURNED AT 8:50 P. M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 132, LUTHER A. SAWYER, PRE -DEVELOPMENT TO COMMERCIAL: It was moved by Councilman Gray, seconded by Councilman Mack that the City Attorney be authorized to prepare an ordinance changing the property, described in Application No. 132, from Pre -Development to Commercial. Motion passed 3 to 0. UNFINISHED BUSINESS:(Continued) ORDINANCE NO. 246-92, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 128, ST. STEPHENS LUTHERAN CHURCH: Ordinance No. 246-92 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 246-92 be passed and approved on second and final reading. Said Ordinance No. 246-92 reads in caption as follows: ORDINANCE NO. 246-92 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 Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 3 to 0. ORDINANCE NO. 246-93, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 129, NELSON SOUTHWEST DEVELOPMENT, INC.: Ordinance No. 246-93 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 246-93 be passed and approved on second and final reading. Said Ordinance No. 246-93 reads in caption as follows: 181 ORDINANCE NO. 246-93 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack and Councilman Gray. Voting "No": None Motion passed 3 to 0. MOTION TO REMOVE FROM TABLE A COUNCIL DECISION ON APPLICATION NO. 130, RICHARD M. STRAUSS: It was moved by Councilman Lentz, seconded by Councilman Mack that the tabled item re- garding a Council decision on Application 130 be removed from the table for consideration. Motion passed 3 to 0. COUNCIL DECISION ON APPLICATION NO. 130, RICHARD M. STRAUSS, PD TO COMMERCIAL: City Manager Wicker stated that he has reviewed all of the maps that have been considered on the amendments to the Land Use Ordinance, and that 800 feet along 518 on the North side will be shown as Commercial. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Attorney be authorized to prepare the necessary ordinance for Council consideration changing the zoning on Application No. 1.30 from Pre -Development District -to Commercial. Motion passed 3 to 0. NEW BUSINESS: (Continued) STATE DEPARTMENT OF HIGHWAYS & TRANSPORTATION'S LETTER REGARDING SIGNING IH 45 AT"DIXIE FARM ROAD: City Manager Wicker stated that the State Department of Highways & Transportation has estimated the cost of signing on IH 45, directing people to Pearland by way of Dixie Farm Road, to be $2,000.00. The other item mentioned in the letter was regarding the designation of FM 3344 to the SH 288 freeway. We have asked that FM 3344 be redesignated as FM 518 alternate. The Highway Commission has no problem with this; however, Houston's approval will need to be secured since Cullen in Houston is Highway 518. It was moved by Councilman Gray, seconded by Councilman Mack that the Staff be authorized to expend approximately $2,000.00 or that amount that is necessary to change the desig- nation of these signs on IH 45 to Dixie Farm Road, and a letter from the Mayor acknowl- edging the same to Mr. Garrison. Also, that negotiations begin with the City of Houston on the renaming of Highway 518. Motion passed 3 to 0. CONNECTING LINK ROAD FUND: This item to be on the next agenda. OTHER BUSINESS: EXECUTIVE SESSION AT 9:10 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (f) LEASE, PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY, AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:00 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:00 P. M. Minutes approved as submitted and/or corrected this the_,g day of , A. D., 1984. Cz 61�� / _ej� Mayor ATTEST: ty Secretary