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1984-06-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 25, 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 City Manager City Attorney City Secretary Absent from the Meeting: Councilman Terry Gray INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger James E. Bost Charles R. Mack Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost, The Pledge of Allegiance was led by Public Works Director Thomasset. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Mack that the Minutes of the Regular Meeting held on June 11, 1984, be approved as submitted. Motion passed 2 to 0. Councilman Bost and Councilman Frauenberger abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid reported on his trip to Greenville to the Beautify Texas Council awards ban- quet and of the nine awards that were given to Pearland. The Clean Pearland representa- tives will be present at the next regular meeting to exhibit these awards and describe each one received. COUNCIL ACTIVITY REPORTS: Councilman Bost asked that a copy of the mowing schedule be furnished members of the Council. DEPARTMENTAL REPORTS: City Manager Wicker -reported that Liberty Drive and Galveston Avenue are both under con- struction at the present time. Every effort is being made to keep John Lizer Road more passable than before to help move the traffic. We hope to have both roads completed by the time school starts the latter part of August. CITIZENS: Paula Scardino, representing the Pearland Area Chamber of Commerce, invited the Mayor and r -- Council to the Fourth of July celebration planned at Independenct Park. Gerald Harris, from the Pearland Independent School District, appeared before the City Council asking that the School District be allowed to move portable classrooms from the Lawhon Elementary School to the Jamison Middle School in order to alleviate crowded con- ditions. He advised that the District owns nine such buildings. CHANGE fiN'ORDER 'OF BUSINESS NEW BUSINESS: E REQUEST BY PEARLAND INDEPENDENT SCHOOL DISTRICT FOR APPROVAL TO USE PORTABLE BUILDINGS IN THE CITY: City Manager Wicker read the Minute Order, dated June 13, 1983, regarding the use of portable buildings in the City. Mr. Harris advised the Council that this building was a 30' x 60' building made into two classrooms and would have to be moved by a regular housemover. Mr. Harris also advised that the building would not require anchoring due to the size. He further stated that the building would be used until another Middle School was built, and then it would go out of service here and be shifted to a new location. A discussion was held regarding whether or not this would be called a portable building due to its size, and also, the fact that the motion referred to portable buildings in connection with commercial operations. The School not being considered as a commercial operation. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the School District be allowed to move the modular classroom onto Jamison Middle School and that electrical and plumbing be hooked up according to City Ordinances. Motion passed 4 to 0. Mayor Reid appointed the Planning and Development Committee to determine the definition of portable buildings,or modular buildings. A Workshop meeting will be scheduled for July DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: CAPITAL RECOVERY FEE REPORT BY CITY MANAGER: City Manager Wicker read into the records the following report: CAPITAL RECOVERY FEE GRACE PERIOD: Subsequent to the adoption of the Capital Recovery Fee ordinance No. 471, we have encountered several requests from developers concerning problems in budgeting the Cap- ital Recovery Fees into a nearly completed project. In an effort to consider these individual requests, the City Council has authorized the City Manager to look for a means of allowing payment of the Capital Recovery Fees that can also assist the devel- opers in meeting budgetary requirements. The following is a recommended policy concern.- ing payment of Capital Recovery Fees from its adoption and implementation on April 23, 1984 and continuing for a six-month period ending on November 1, 1984. The following recommendations are: 1) That each individual case be judged on its on merits and that payout arrange- ments may be made through the City Manager's office. 2) The terms of the pay -out of the Capital Recovery Fees shall in no instance ex- ceed 60 calendar months. --- 3) That the terms of the pay -out will be the balance due in equal monthly payments. 4) All balances due the City of Pearland will accrue interest at the rate of 9% and interest on paid off balances will be calculated on a prorated basis. 5) At the time of issuance of any building permit requiring Capital Recovery Fees, 33.3% of all Capital Recovery Fees will be paid initially. 6) In the event the original developer, builder, or owner sells property with outstanding Capital Recovery Fees, the remaining balance will be due and payable at the time of sale. Any person or persons wishing to take advantage of the grace period Capital Recov- ery Fee pay -out should contact the office of the City Manager prior to November 1, 1984. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the City Manager's recommendations be given the City Attorney to work into our Capital Recovery Ordinance schedule with the following changes: Item No. 2 be changed to a 36 -month pay- out; and Item No. 4 be changed to 120. Motion passed 4 to 0. NEW BUSINESS: (Continued) FINAL ACCEPTANCE OF BANBURY CROSS, SECTION I: A discussion was held regarding this item and the ingress and egress by way of the ex- tension of Westminister Drive. Westminister Drive extended has not as yet been accepted by the City. Mayor Reid stated that this item would be on the next regular agenda. RESOLUTION NO. R84-14, A RESOLUTION SUSPENDING THE PROPOSED IMPLEMENTATION BY HOUSTON LIGHTING AND POWER COMPANY OF REVISED RATES: Resolution No. R84-14 read in full by Mayor Reid. It was moved by Councilman Bost, seconded by Councilman Frauenberger that Resolution No. R84-14 be passed and approved on first and only reading. Said Resolution No. R84-14 reads in caption as follows: RESOLUTION NO. R84-14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUSPENDING THE PROPOSED IMPLEMENTATION BY HOUSTON LIGHTING & POWER COMPANY OF REVISED RATES TO BE CHARGED IN THE` -CITY OF PEARLAND. Voting "Aye": Councilman Bost, Councilman Frauenberger and Councilman Lentz. Voting "No": None Motion passed 3 to 0. Councilman Mack absent from Council Chambers at this time. RESOLUTION NO. R84-15, A RESOLUTION SUPPORTING THE TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND: Resolution No. R84-15 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Mack that Resolution No. R84-15 be passed and approved on first and only reading. Said Resolution No. R84-15 reads in caption as follows: RESOLUTION NO. R84-15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND. Voting "Aye": Councilman Frauenberger, Councilman Mack and Councilman Bost. Voting "No": None Motion passed 3 to 0. Councilman Lentz absent from the Council Chambers at this time. ORDINANCE NO. 246-94, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 132, LUTHER A. SAWYER, PD TO COMMERCIAL: Ordinance No. 246-94 read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 246-94 be passed and approved on first of two readings. Said Ordinance No. 246-94 reads in caption as follows: ORDINANCE NO. 246-94 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 PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 246-95, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 130, RICHARD M. STRAUSS, PD TO COMMERCIAL: Ordinance No. 246-95 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 246-•95 be passed and approved on first of two readings. Said Ordinance No. 246-95 reads in caption as follows: ORDINANCE NO. 246-95 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 PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger and Councilman Bost. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 246-96, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 131, JAMES BARNETT, AGENT FOR W. J. MADDEN OWNER, PD TO GENERAL BUSINESS AND PU TO GENERAL RESIDENCE: Ordinance No. 246-96 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 246-96 be passed and approved on first of two readings. Said Ordinance No. 246--96 reads in caption as follows: ORDINANCE NO. 246-96 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 PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment from the appropriate funds: (a) Invoice No. 3836 from Langford Engineering, Inc., in the amount of $13,541.03 for Up -Grading Three Sewer Plants & Channel Improvements; (b) Invoice No. 166 from Snowden Engineering in the amount of $1,046.20 for Galveston Avenue and Liberty Drive Paving Project; (c) Progress Estimate No. 1 from Ramex Construction Company, Inc., in the amount of $64,485.00 for construction on Galveston Avenue and Liberty Drive Paving Project. Motion passed 4 to 0. OTHER BUSINESS: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the absence of Councilman Bost from the meeting of June 11, 1984, be shown as excused absence. Motion passed 3 to 0. Councilman Bost abstained. It was moved by Councilman Mack, seconded by Councilman Bost that the absence of Council- man Frauenberger from the meeting of June 11, 1984, be shown as excused absence. Motion passed 3 to 0. Councilman Frauenberger abstained. RECESSED AT 8:50 P.M. TO EXECUTIVE SESSION UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (e) LEGAL, SECTION 2, SUBSECTION (f) LEASE, PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY, AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:25 P. M. ADJOURN: Meeting adjourned at 10:25 P. M. Minutes approved as submitted and/or corrected this the day of , A. D., 1984. Mayor ATTEST: City Secretary