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HomeMy WebLinkAbout1994-06-20 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF PEARLAND, TEXAS, HELD MONDAY, JUNE 20,1994, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Chairman Emil Beltz Vice Chairman Pat Lopez Commissioner Robert Larsen Commissioner Marshall Eggers Commissioner Charles Philipp Commissioner Kevin Cole Division Director, Richard Burdine Planning, Public Works & Parks City Engineer John Hargrove Secretary to the Commission Commissioner Barbara Lenamon was absent. Wendy Standoff Chairman Emil Beltz discussed the Planning & Zoning Rules of Procedure, particularly Section 4.00 Minutes, as well as the legal opinion from Dick Gregg III regarding the voting procedure that could be used for the May 9, 1994 Minutes. APPROVAL OF MINUTES: June 6, 1994 May 9, 1994 A motion to approve the minutes of the June 6, 1994 meeting was made by Commissioner Charles Philipp, seconded by Commissioner Marshall Eggers. Motion Passed 6 to 0. Chairman Emil Beltz recommended approval of the May 9, 1994 Minutes as submitted. (Per legal opinion from Dick Gregg III). 1 It was the consensus of the Commission that the approval of the minutes policy remain as is. However, under special circumstances as determined by the Commission, the Chairman may recommend approval of the minutes. NEW BUSINESS Recommendation to City Manager on 5 Year Capital Improvements Plan. A number of changes had been made to this revision, including the addition of the Walkway/Bikeway section. City Engineer Hargrove stated there were a couple of minor changes needed. See below. Vice Chairman Pat Lopez made the motion, seconded by Commissioner Robert Larsen to recommend to the City Manager the 5 Year Capital Improvement Plan, with corrections as specified. Motion Passed 6 to 0. CORRECTIONS TO CAPITAL IMPROVEMENT PLAN: 1. Add to "Streets - Minor Projects" as #4 Walnut - SH 35 to Washington. 2. Move #4 from "Streets - Major Projects" to "Streets - Minor Projects" as #7. 3. Add "Parkway" to "Streets - Major Projects" #14 Bany Rose Road - Clear Creek "Parkway" to WWTP. 4. Renumber "Streets - Minor Projects" and "Streets - Major Projects" accordingly. 5. Number pages. Validity of the Excuse of Commissioner Barbara Lenamon from Three Consecutive Planning & Zoning Commission Meetings (Meetings of June 6. 1994. May 26. 1994 and May 9. 1994. Chainnan Emil Beltz stated he had talked with Barbara last week concerning this matter. She advised him she would resign her position on the Planning & Zoning Commission. She has other obligations and will not be able to participate as required by the Charter. Commissioner Robert Larsen made the motion, seconded by Commissioner Marshall Eggers that it has been determined that Commissioner Barbara Lenamon had in fact missed 3 consecutive Planning & Zoning Commission meetings without a valid excuse (Meetings of June 6, 1994, May 26, 1994 and May 9, 1994). Motion Passed 6 to 0. Chairman Emil Beltz asked Richard Burdine to serve as liaison between Planning & Zoning 2 Commission and City Council and advise Council of the vacancy on the Planning & Zoning Commission. Director's Report: None. Next Meeting Date: July 14, 1994. Adjourned: 7:47 p.m. Minutes approved as A.D., 1994. submitted / tk 1d/or corrected this I I day of . 94_ j Emil Beltz, Vice Chairman 3 CAPITAL IMPROVEMENTS PROJECTS STREETS - MINOR PROJECTS 1. SHADYBEND-LIBERTY TO MISTY (1200' CONCRETE REBUILD, CURB TO CURB- 28'), $100,000 2. WASHINGTON IRVING (1050' ASPHALT RECONSTRUCTION - BROM BONES TO WOODCREEK) $50,000 3. BARRY ROSE ROAD - 518 TO REMINGTON (ASPHALT WIDENING) 4. INTERSECTION - DIXIE FARM RD. - 518 (SOUTH BOUND TURNING LANE) 5. INTERSECTION HATFIELD AT HATFIELD 6. INTERSECTION HARKEY/O'DAY AT 518 STREETS - MAJOR PROJECTS 1. HUGHES RD. A. OILER DR. TO JOHN LIZER B. JOHN LIZER TO 518 C. SAGEMONT TO 518 2. DIXIE FARM RD. A. BEAMER TO 518 B. 518 TO 35 3. INTERSECTION - WALNUT/518 AT MCLEAN 4. BARRY ROSE ROAD - REMINGTON TO HERITAGE GREEN 5. MYKAWA - BELTWAY 8 TO VETERANS 6. 518 WIDENING - 35 TO O'DAY (CR 1128) 7. ORANGE STREET & MAGNOLIA DRIVE - RR OVERPASSES 8. BARRY ROSE ROAD - HERITAGE GREEN TO CLEAR CREEK PARKWAY 9. E. ORANGE - OLD ALVIN ROAD TO BARRY ROSE 10. MAGNOLIA - RYAN ACRES TO SOUTHWYCK REVISED JUNE 7,1994 11. FITE RD. - MCLEAN TO VETERANS 12. CR 100 - 35 TO 288 13. MCHARD - COUNTRY PLACE TO CLEAR CREEK PKWY 14. BARRY ROSE ROAD - CLEAR CREEK TO WWTP BRIDGE REPLACEMENT 1. DIXIE FARM RD. AT MARY'S CREEK 2. DIXIE FARM RD. AT COWART'S CREEK 3. DIXIE FARM RD. AT CLEAR CREEK 4. VETERAN'S DRIVE AT MARY'S CREEK 5. JOHN LIZER ROAD AT MARY'S CREEK SEWER COLLECTION 1. INFLOW/INFILTRATION WORK 2. E. WALNUT - UPGRADE 10" TO BARRY ROSE 3. SLEEPY HOLLOW - WEST OF YOST TO WWTP 4. OLD TOWNSITE (GENERAL) 5. WWTPs EXPANSIONS 6. SOUTHWEST REGIONAL WWTP 7. DIXIE FARM - TRANSMISSION MAIN, 35 TO LONGWOOD 8. MAGNOLIA/VETERANS TO SW REGIONAL PLANT 9. SCOTT/MCHARD - MYKAWA TO BARRY ROSE WWTP 10. LIFT STATIONS - REHAB/EXPANSION A. MARY'S CREEK/LONGHERRIDGE B. GREEN TEE C. AT LONGWOOD WWTP REVISED JUNE 7,1994 WATER DISTRIBUTION 1. ALICE TO KNAPP 2. DIXIE FARM UPGRADE TO 16" - 518 TO 35 3. 518 - COUNTY LINE WEST TO DIXIE FARM 4. PAUL - BRIARGLEN TO HAZELDALE 5. NORTHWEST LOOP (O'DAY TIED TO HATFIELD) ENGINEERING 1. DIGITIZED AERIAL MAPPING BASE OF CITY LIMITS AND ETJ FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) ($100,000) DRAINAGE LOCAL 1. SHADYCREST - LONGHERRIDGE 2. WILLOWCREST - NORTHWEST CORNER 3. CHANNEL STABILIZATION AND CHANNEL WALLS A. CLEAR CREEK B. BARRY ROSE OUTFALL 4. CORRIGAN - SOUTH/NORTH 5. E. ORANGE/OLD ALVIN 6. ORANGE STREET OUTFALL TO CLEAR CREEK 7. CHANNEL STABILIZATION AND CHANNEL WALLS A. MARY'S CREEK AT 35 DRAINAGE REGIONAL 1. CITY WIDE DETENTION CLEAR CREEK/HICKORY SLOUGH A. NORTHEAST LAKE (POSSIBLE RECREATIONAL USES - TRAILS, NATURE WALK, GOLF COURSE, FISHING) REVISED JUNE 7,1994 MARY'S CREEK A. PASTERNAK TRACT ADJACENT TO INDEPENDENCE PARK B. ADJACENT TO CENTENNIAL PARK COWARTS CREEK A. CLOVER FIELD B. SOUTH OF SHADYCREST 2. CHANNELIZATION A. CLEAR CREEK B. MARY'S CREEK C. COWARTS CREEK D. HICKORY SLOUGH WALKWAYS/BIKEWAYS 1. FM 518 A. SH 35 TO WESTMINISTER B. WESTMINISTER TO LIBERTY C. LIBERTY TO WOODCREEK D. WOODCREEK TO SUNSET MEADOWS DRIVE 2. MARY'S CREEK A. ALONG CORRIGAN OUTFALL TO MARY'S CREEK B. CORRIGAN OUTFALL TO MCLEAN ROAD C. MCLEAN ROAD TO VETERANS DRIVE D. VETERANS DRIVE TO SH 35 E. SH 35 TO JOHN LIZER F. JOHN LIZER TO EAST CORNER OF INDEPENDENCE PARK G. THROUGH PASTERNAK TRACT 3. FM 518 OUTFALL A. GALVESTON TO OLD ALVIN ROAD B. OLD ALVIN ROAD TO BARRY ROSE ROAD C. BARRY ROSE ROAD TO CLEAR CREEK REVISED JUNE 7,1994 CAPITAL IMPROVEMENTS PROJECTS STREETS - MINOR PROJECTS 1. SHADYBEND-LIBERTY TO MISTY (1200' CONCRETE REBUILD, CURB TO CURB- 28'), $100,000 2. WASHINGTON IRVING (1050' ASPHALT RECONSTRUCTION - BROM BONES TO WOODCREEK) $50,000 3. BARRY ROSE ROAD - 518 TO REMINGTON (ASPHALT WIDENING) 5 1, , 3 5' A 4. INTERSECTION - DIXIE FARM RD. - 518 (SOUTH BOUND TURNING LANE) 5. INTERSECTION HATFIELD AT HATFIELD 6. INTERSECTION HARKEY/O'DAY AT 518 STREETS - MAJOR PROJECTS 1. HUGHES RD. A. OILER DR. TO JOHN LIZER B. JOHN LIZER TO 518 C. SAGEMONT TO 518 2. DIXIE FARM RD. A. BEAMER TO 518 B. 518 TO 35 3. / INTERSECTION - WALNUT/518 AT MCLEAN BARRY ROSE ROAD - REMINGTON TO HERITAGE GREEN MYKAWA - BELTWAY 8 TO VETERANS 518 WIDENING - 35 TO O'DAY (CR 1128) ORANGE STREET & MAGNOLIA DRIVE - RR OVERPASSES X. BARRY ROSE ROAD - HERITAGE GREEN TO CLEAR CREEK PARKWAY 9. E. ORANGE - OLD ALVIN ROAD TO BARRY ROSE 10. MAGNOLIA - RYAN ACRES TO SOUTHWYCK REVISED JUNE 7,1994 pai6A67 11. FITE RD. - MCLEAN TO VETERANS 12. CR 100 - 35 TO 288 13. MCHARD - COUNTRY PLACE TO CLEAR CREEK PKWY 14. BARRY ROSE ROAD - CLEAR CREED TO WWTP (RIDGE REPLACEMENT 1. DIXIE FARM RD. AT MARY'S CREEK 2. DIXIE FARM RD. AT COWART'S CREEK 3. DIXIE FARM RD. AT CLEAR CREEK 4. VETERAN'S DRIVE AT MARY'S CREEK 5. JOHN LIZER ROAD AT MARY'S CREEK SEWER COLLECTION 1. INFLOW/INFILTRATION WORK 2. E. WALNUT - UPGRADE 10" TO BARRY ROSE 3. SLEEPY HOLLOW - WEST OF YOST TO WWTP 4. OLD TOWNSITE (GENERAL) 5. WWTPs EXPANSIONS 6. SOUTHWEST REGIONAL WWTP 7. DIXIE FARM - TRANSMISSION MAIN, 35 TO LONGWOOD 8. MAGNOLIA/VETERANS TO SW REGIONAL PLANT 9. SCOTT/MCHARD - MYKAWA TO BARRY ROSE WWTP tfK JV 10. LIFT STATIONS - REHAB/EXPANSION A. MARY'S CREEK/LONGHERRIDGE B. GREEN TEE C. AT LONGWOOD WWTP REVISED JUNE 7,1994 WATER DISTRIBUTION 1. ALICE TO KNAPP 2. DIXIE FARM UPGRADE TO 16" - 518 TO 35 3. 518 - COUNTY LINE WEST TO DIXIE FARM 4. PAUL - BRIARGLEN TO HAZELDALE 5. NORTHWEST LOOP (O'DAY TIED TO HATFIELD) ENGINEERING 1. DIGITIZED AERIAL MAPPING BASE OF CITY LIMITS AND ETJ FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) ($100,000) DRAINAGE LOCAL 1. SHADYCREST - LONGHERRIDGE 2. WILLOWCREST - NORTHWEST CORNER 3. CHANNEL STABILIZATION AND CHANNEL WALLS A. CLEAR CREEK B. BARRY ROSE OUTFALL 4. CORRIGAN - SOUTH/NORTH 5. E. ORANGE/OLD ALVIN 6. ORANGE STREET OUTFALL TO CLEAR CREEK 7. CHANNEL STABILIZATION AND CHANNEL WALLS A. MARY'S CREEK AT 35 DRAINAGE REGIONAL 1. CITY WIDE DETENTION CLEAR CREEK/HICKORY SLOUGH A. NORTHEAST LAKE (POSSIBLE RECREATIONAL USES - TRAILS, NATURE WALK, GOLF COURSE, FISHING) REVISED JUNE 7,1994 MARY'S CREEK A. PASTERNAK TRACT ADJACENT TO INDEPENDENCE PARK B. ADJACENT TO CENTENNIAL PARK COWARTS CREEK A. CLOVER FIELD B. SOUTH OF SHADYCREST 2. CHANNELIZATION A. CLEAR CREEK B. MARY'S CREEK C. COWARTS CREEK D. HICKORY SLOUGH WALKWAYSBIKEWAYS 1. FM 518 A. SH 35 TO WESTMINISTER B. WESTMINISTER TO LIBERTY C. LIBERTY TO WOODCREEK D. WOODCREEK TO SUNSET MEADOWS DRIVE 2. MARY'S CREEK A. ALONG CORRIGAN OUTFALL TO MARY'S CREEK B. CORRIGAN OUTFALL TO MCLEAN ROAD C. MCLEAN ROAD TO VETERANS DRIVE D. VETERANS DRIVE TO SH 35 E. SH 35 TO JOHN LIZER F. JOHN LIZER TO EAST CORNER OF INDEPENDENCE PARK G. THROUGH PASTERNAK TRACT 3. FM 518 OUTFALL A. GALVESTON TO OLD ALVIN ROAD B. OLD ALVIN ROAD TO BARRY ROSE ROAD C. BARRY ROSE ROAD TO CLEAR CREEK REVISED JUNE 7,1994 PLANNING AND ZONING COMMISSION PEARLAND, TEXAS RULES OF PROCEDURE 1.00 ORGANIZATION AND OFFICERS 1.01 ORGANIZATION The Planning and Zoning Commission shall consist of those members appointed by the City Council and shall be organized under the laws of the State of Texas, the City Charter, and Ordinance No. 509. 1.02 OFFICERS A Chairman and Vice Chairman shall be elected at such time as those offices may become vacant. At any meeting of the Planning and Zoning Commission, if neither the Chairman nor the Vice Chairman is present or is abstaining from discussion, then those Commission members present shall elect one of their number to be the Chairman for conducting the meeting as provided herein. 1.03 DUTIES The Chairman, or in the absence of the Chairman, the Vice Chairman or other member elected as temporary chairman, shall preside at meetings and shall decide all points of order or procedure. 1.04 RULES OF ORDER ROBERT'S RULES OF ORDER, latest revision, shall be the Commission's final authority on all questions of procedure and parliamentary law not covered by these Rules of Procedure or the City's Charter. 2.00 MEETINGS 2.01 MEETING DATE The Planning and Zoning Commission shall meet at 7:00 P.M. on the first Tuesday of the month which is subject to adjustment if a conflict arises. 1 2.02 OUORIJP A quorum shall consist of a majority of the members qualified and serving on the Commission. 2.03 PRESIDING OFFICER The Chairman, or in his absence the Vice Chairman, shall preside at all meetings of the Commission. In the absence of the Chairman and the Vice Chairman, any member elected by a majority of the Commission at such meeting may preside unless another member has been designated by the Chairman for such purpose. 2.04 AGENDA An agenda shall be prepared by the person performing the duties of the City Secretary for each meeting of the Commission. The agenda shall include applications prepared and submitted according to ordinances and procedures provided herein. 2.05 CITIZEN'S RIGHT TO BE HEARD Any citizen shall have a reasonable opportunity to be heard at all regular and special meetings of the Commission. However, the Commission shall not take additional testimony on a public hearing in a regular meeting. Persons wishing to speak shall sign up with the City Secretary by 12:00 noon on Friday preceding the day of the meeting. The Commission requests that each speaker limit his/her presentation to three minutes. No member of the public shall be heard unless recognized by the Chairman. Any member of the public who interrupts the Commission proceedings, fails to abide by these rules of procedure in addressing the Commission, or is otherwise disruptive to the extent the Commission is unable to conduct its meeting in an orderly fashion, shall be subject to removal from the meeting place upon the direction of the Commission. Records relating to items before the Commission shall be available for public inspection at the City Hall. 3.00 CONDUCTION OF MEETINGS 3.01 CALL TO ORDER After determining a quorum is present, the Chairman shall call the Commission to order and the Secretary shall record the members present and absent; minutes of prior meetings shall be considered for approval; reports of the Chairman 2 shall be received; the citizens in general shall be heard; and other items placed on the agenda shall be heard. 3.02 VOTE REQUIRED A majority of the Commissioners which constitute a quorum at any meeting shall be necessary to approve or disapprove items of business. 4.00 MINUTES The structure of the Minutes shall follow the order of the agenda as amended. An audio recording of all Commission meetings shall be made with said recordings retained in the office of the City Secretary. The minutes shall provide formal record of the Commission's actions. including the name of the mover and seconder by motions, the specific construction of motions, and the voting record. PASSED, APPROVED, and ADOPTED, as amended, by the Planni g and Zoning Commission of the City of Pearland on this L- day of , A.D., 1993. ATTEST: Pa Jones, C Secretary Pa C' Secretary 3 Richard Tetens, Chairman RECEIVED JUN 0 9 1994 DICK H. GREGG, JR. MARILYN MIESZKUC POLLY P. LEWIS* CHARLES A. DAUGHTRY** ELIZABETH E. SCOTT DICK H. GREGG, III GREGG & MIESZKUC A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 17044 EL CAMINO REAL CLEAR LAKE CITY HOUSTON, TEXAS 77058 June 2, 1994 Richard Burdine City of Pearland P. 0. Box 2068 Pearland, Texas 77588-2068 Re: Approval of Minutes Dear Richard: • Board Certified - Estate Planning and Probate Law Texas Board of Legal Specialization •• Board Certified - Civil Trial Law Texas Board of Legal Specialization TELEPHONE (713) 488-8680 FAX (713) 488-8531 fl `tor neyts J piriio,v' Re-5-Q-c)41 You recently asked for my legal opinion as to whether new or absent commissioners may vote to approve minutes of a meeting they did not attend. The better practice is for the commissioners to abstain for voting on the approval of the minutes for a meeting they did not attend. However, the commissioners do have the power to vote to approve those minutes. The planning and zoning commission has the power to adopt its own rules. The commission is not required to approve the minutes of prior meetings by a formal motion and vote. The commission can establish the following procedure for approval of the minutes: Chair says, "The secretary will read the minutes". The secretary may (1) actually read the minutes outloud or (2) if the minutes are prepared ahead of time and circulated to the members in advance, the actual reading of them aloud may be waived if no member objects. Either way, the chair then asks, "Are there any corrections to the minutes?" and pauses. Whether or not a motion for approval has been offered, the chair would next announce, "If there are no corrections (or no further corrections), the minutes stand (or are approved). This procedure avoids an actual roll call vote, but approves the minutes unless an objection is made to a fact error in the minutes. I recommend the P&Z Commission adopt this new procedure for adopting the minutes. It is much simpler. Then at the following Richard Burdine June 2, 1994 Page 2 meeting the commissions may approve the minutes of the past_two meetings. If I may assist you further, please do not hesitate to call. Your very )ruly, Dick H. Gregg 1 Cuj ©1 p@© all@nd .,,,,3 June 13, 1994 3519 liberty Drive • Pearland, Texas 77581-5416 (713) 485-2411 • fax (713) 485-8764 Barbara Lenamon 3402 East Walnut Pearland, TX 77581 Dear Barbara: At the June 20, 1994, meeting of the Planning and Zoning Commission the following agenda item will be considered, as required by the City Charter, Article 7., Section 7.01(c) (copy attached): Consideration and Possible Action - Per Article 7., Section 7.01(c) of the Charter - Determination of the Validity of the Excuse of Commissioner Barbara Lenamon for Absence from Three Consecutive Planning and Zoning Commission Meetings (Meetings of June 6, 1994, May 26, 1994, and May 9, 1994). If you are unable to attend the June 20, 1994, meeting, please provide the Commission with a letter giving your excuse. If your travel schedule will prevent attending many more Commission meetings this summer, you may wish to consider resigning. In that case, a letter of resignation to the City Secretary would cancel any need for Commission action. Sincerely yours, Emil B e l t z, Chax.r n Planning and Zoning Commission (c) Vacancies: Members on the Planning & Zoning Commission shall be accompanied by active participation in the activities of the Commission, and any member who is absent from three (3) consecutive meetings of the Commission without valid excuse as determined by the Commission, shall automatically be dismissed from membership. The Commission shall at once notify the City Council that a vacancy in the Commission exists. Vacancies occurring in the Commission, for whatever reason, shall be filled within thirty (30) days by appointment by the City Council for the remainder of the unexpired term. (d) Powers and Duties: The Commission shall have the power and shall be required to: (1) Amend, extend and add to the master plan for the physical development of the City. (2) Recommend, approve or disapprove plats of pro- posed subdivisions submitted in accordance with City Ordinance as adopted or hereafter amended. (3) Recommend to the City Council approval or disapproval of proposed changes in the zoning plan. (4) Make and recommend to the City Council for adoption, plans for the clearance and rebuilding AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MONDAY, JUNE 20,1994, at 7:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER H. APPROVAL OF MINUTES: Minutes of June 6, 1994 Minutes of May 9, 1994 III. NEW BUSINESS A. CONSIDERATION AND POSSIBLE ACTION - Recommendation to City Manager on 5 Year Capital Improvements Plan. B. CONSIDERATION AND POSSIBLE ACTION - Per Article 7., Section 7.01(c) of the Charter - Determination of the Validity of the Excuse of Commissioner Barbara Lenamon for Absence from Three Consecutive Planning and Zoning Commission Meetings (Meetings of June 6, 1994, May 26, 1994 and May 9, 1994). IV. DIRECTOR'S REPORT V. NEXT MEETING DATE - To be scheduled based on plat submittals. VI. ADJOURNMENT r tk- Posted: 7 Day of 9,,up Removed: a / Day of _.!/h� , A.D., 1994 P � P.M. , A.D., 1994