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1984-12-17 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 17, 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 (Entered at 7:35 P.M.) Councilman Terry Gray Councilman Al Lentz Councilman James E. Bost Councilman Charles R. Mack City Manager Ronald J. Wicker City Attorney Bobby Williams (Entered at 7:34 P.M.) City Secretary Kay Krouse INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Lentz. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the Minutes of a Regular Meeting held on December 10, 1984, be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger not present at this time. MAYOR'S ACTIVITY REPORT: h Since this is the last regular meeting before the holidays, Mayor Reid wished everyone t present a Merry Christmas and Happy New Year. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that the Brazos Bend Water Authority Steering Committee held a meeting last Wednesday night, and two items discussed were how to define the boundary and how to define the authority of some of the encumbent Conservation and Reclamation Districts. These issues have been turned over to an attorney for his perusal. Hopefully, in the next session of the Legislature there will be a bill introduced for the creation of this district. This will be a revenue generating district and not any taxing entity. Councilman Frauenberger reported that he, City Manager Ron Wicker and Assistant City Manager Gary Jackson interviewed architects for the Police Facility and Jail last Thurs- day. They will have a recommendation at the first meeting in January. Councilman Bost stated that he had an item of concern which is the intersection of West - minister and FM 518. He would like to see some sort of traffic control at this inter- section. There was a discussion about several other intersections in town, such as Old Alvin Road and FM 518, and Galveston and FM 518, and the possibilities of putting in extra turning lanes or no -left turn signs at certain hours to facilitate the flow of traffic. City Manager Ron Wicker said that we could ask the State to do a study at these inter- sections. DEPARTMENTAL REPORTS: City Manager Wicker reported that he had a call from Mr. Wadlington, with the State High- way Department, concerning the State's various projects along FM 518. He stated they hoped to take all the money for these various projects and put it in one fund and try to do the whole paving project from Westminister in Pearland to Friendswood. If they can go forward with it, they will probably bid it in a year, but, Mr. Wicker stated, we would have to commit to spending about $3,000,000 for the City's share. City Manager Wicker also reported that the Planning and Zoning Commission called a Public Hearing for January 15, 1985, to receive input on the revised map and revised ordinance on zoning. After this hearing, the Planning and Zoning Commission will have recommenda- tions for the City Council for their Public Hearing, and, hopefully, by the end of February the revised Zoning Ordinance and Map will be adopted. CITIZENS: Mrs. Hortense B. Brinkley, 2812 Country Club Drive, Pearland - Mrs. Brinkley appeared be - for the City Council to request the abandonment of a 10' access easement on the lot she owns in Block 3, Green Tee Terrace. This area was once proposed for all townhouses but now patio or garden homes are being built and she said the access easement may no longer be required. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON REQUEST BY MRS. HORTENSE BRINKLEY FOR CITY TO ABANDON A -10 -FOOT ACCESS EASEMENT OUT OF BLOCK 3, GREEN TEE TERRACE, SECTION I: City Manager Ron Wicker stated that the City has no utilities in this easement, that it is strictly an access easement so that the people could have access to the back of the property. Mr. Wicker also stated he saw no problem with the abandonment as long as there are no other utilities located in the easement. A motion was made by Terry Gray, seconded by Dennis Frauenberger, that the necessary Ordinance be prepared for abandonment of this 10' easement subject to Mrs. Brinkley obtaining a letter from the utility companies (telephone, gas and light) getting their permission to abandon the easement. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 139 - THOMAS OFFENBURGER, AGENT FOR METRO FINANCIAL CORPORATION, OWNER, FROM CLASSIFICATION PLANNED UNIT (PU) TO R-2, MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT ON THE FOLLOWING DESCRIBED PROPERTY: 25.0540 acres of land out of a 32.7997 acre tract, said 32.7996 acre tract being a residue tract of a 124.1612 acre tract of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said 124.1612 acre tract being that certain tract of land conveyed to Metro Financial Corporation by deed. recorded in Volume 1144, Page 380 et seq., of the Deed Records of Brazoria County, Texas, said 25.0540 acre tract also being part of Lots 3 and 24 of the O.W. Willitts Subdivision as recorded in Volume 3, Page 65 of the Plat Records of Brazoria County, Texas, and part of Tract "A of Field Village (being a replat of part of Lots 3 and 24 of said O. W. Willits Subdivision) as recorded in Volume 11, Pages 9 and 10 of the Plat Records of Brazoria County, Texas. (Location 3000 Block of Woodcreek Drive.) NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 3 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Louis Williford, 2416 Meadow Green, Pearland, Texas, salesman for Offenburger Builders. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read a letter from the Planning and Zoning Com- mission dated November 26, 1984, as follows: November 26, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their special meeting on November 20, 1984, the Planning and Zoning Commission held a Public Hearing on Application No. 139, Metro Financial Corp., owner, for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to R-2, Medium Density Single Family Dwelling. The Planning and Zoning Commission acted on the application. Leroy Savoie made motion, second by Clyde Starns that the Planning and Zoning Commission recommend to the City Council that Application No. 139 be approved. Motion passed 7-0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Sincerely, /s/ Richard Tetens Richard Tetens, Chairman Planning and Zoning Commission RT/vc City Manager Ron Wicker stated that this zone change request is in accordance with what is there now and the people in the area seem to agree with this R-2 zone request, and he would recommend approval. HEARING ADJOURNED COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARYTS OFFICE CHANGE IN ORDER OF BUSINESS NEW BUSINESS:(CONTINUED) COUNCIL DECISION ON APPLICATION NO. 139, THOMAS OFFENBURGER, AGENT FOR 14ETRO FINANCIAL CORP., OWNER: It was moved by Councilman Mack, seconded by Councilman Bost that an Ordinance be pre- pared for Council's consideration on Land Use Change Application No. 139, Thomas Offen- burger, Agent for Metro Financial Corp., Owner, from Planned Unit to R-2 Medium Density Single Family Dwelling District. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: (Continued) u 2. LAND USE CHANGE APPLICATION NO. 140, BEAU -BAY DEVELOPMENT CORP., AGENT FOR FIRST CITY NATIONAL BANK, TRUSTEE FOR ADELE S. MICHAEL TRUST, OWNER, FROM CLASSIFICATION PLANNED UNIT (PU) TO THE VARIOUS CLASSIFICATIONS SHOWN BELOW. ALL OF THE PROPERTY DESCRIBED BELOW IS LOCATED IN THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 508, BRAZORIA COUNTY, TEXAS: 1) 27.013 acres, from Planned Unit to Plan Approval -Single Family Dwelling Dist. 2) 5.66 acres, from Planned Unit to Multi -Family Dwelling District; 3) 4.698 acres, from Planned Unit to General Business 285 NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 3 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Carlos Smith, Consulting Engineer for Beau -Bay Development Corp., Broadway Street, LaPorte, Texas. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read a letter from the Planning and Zoning Com- mission dated November 26, 1984, as follows: November 26, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their special meeting on November 20, 1984, the Planning and Zoning Commission held a Public Hearing on Application No. 140, First City National Bank, Trustee for Adele S. Michael Trust, owner, for an Amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to the various classifications: a. 27.013 acres - Planned Unit to Plan Approval - Single Family District; b. 5.66 acres - Planned Unit to Multi -Family Dwelling District; C. 4.698 acres - Planned Unit to Commercial. The Planning and Zoning Commission acted on the application. Clyde Starns made motion, second by Al Klosterman that the Planning and Zoning Commission recommend to the City Council that Application No. 140 be approved with the following change: C. 4.698 acres - Planned Unit to General Business (GB). Signature of agent Earl W. Wilburn, Jr. agreeing to change is on file on original appli- cation. Also submitted is attached letter from Beau -Bay Development Corp. describing change to application. Motion passed as corrected 7-0. The Planning and Zoning Commission is submitted this recommendation for the Council's consideration. Sincerely /s/ Richard F. Tetens Richard Tetens, Chairman Planning and Zoning Commission RT/vc Mayor Reid read a letter from Beau -Bay Development Corporation dated November 21, 1984, as follows: November 21, 1984 Honorable Mayor & City Council Planning and Zoning Commission City of Pearland P. 0. Box 2068 Pearland, Texas 77588-2068 Dear Sirs: This is to confirm in writing that the 4.698 acres planned unit change to Commercial District as shown on our land use application, dated November 8, 1984, should be General Business, instead of Commercial. 286 It is our intent to use this property for acceptable General Business purposes as set out in the city ordinance. Cordially yours, /s/ Earl W. Wilburn, Jr. Earl W. Wilburn, Jr. City Manager Ron Wicker explained to the Council that the reason the application was split up and not totally Plan Approval was because our current ordinance does not -� allow Multi -Family to be Plan Approval. A discussion followed concerning the paving and widening of Magnolia, size of the detention pond, and the right-of-way along Pearland Sites Road. Several items of con- cern were mentioned that need to be addressed at the time of platting such as streets and entrances inside the proposed subdivision and the possibility of a major lift station in the area. HEARING ADJOURNED COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARY'S OFFICE NEW BUSINESS (Continued) COUNCIL DECISION ON APPLICATION NO. 140, BEAU -BAY DEVELOPMENT CORP., AGENT FOR FIRST CITY NATIONAL.BANK, TRUSTEE FOR ADELE S. MICHAEL TRUST, OWNER: It was moved by Councilman Lentz, seconded by Councilman Mack that the necessary Ordinance be prepared for Council's consideration on Land Use Change Application No. 140, Beau- _ Bay Development Corp., Agent for First City National Bank, Trustee for Adele S. Michael,' Trust, Owner, from Planned Unit to Plan Approval, Single Family Dwelling District on -- 27.013 acres of land; from Planned Unit to Multi -Family Dwelling District on 5.66 acres of land; and from Planned Unit to General Business on 4.698 acres of land. Motion passed 4-0. Councilman Gray absent from Chambers at this time. UNFINISHED BUSINESS: ORDINANCE NO. 246-101, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 137, ROBERT I. ELLIS, OWNER. PLANNED UNIT TO COMMERCIAL: Ordinance No. 246-101 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 246-101 be passed and approved on the second and final reading. Said Ordinance No. 246- 101 reads in caption as follows: ORDINANCE NO. 246-101 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 Bost, Councilman Frauenberger, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 4 to 0. Councilman Gray absent from Council Chambers at this time. 287 APPROVAL OF THE FOLLOWING INVOICES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the follow- ing invoices be approved and payment made from the appropriate funds: 1. Estimate No. 3, Ike Hall, Inc., in the amount of $40,458.26 for 1984 Street Maintenance Program; 2. Invoice No. 8411-033, Turner Electric Company, in the amount of $22,770.00 for Independence Park Softball Field Lighting; 3. Estimate No. 1, Mischer Paving & Utility Company, in the amount of $16,650.00 for Point Repair of 12r Sanitary Sewer Line in Green Tee Subdivision. Motion passed 5 to 0. ('T-TnNT(:'F TNT oiRn i' (1F nTTC TM CC . OTHER BUSINESS: 1. MEETING RECESSED TO EXECUTIVE SESSION AT 8:32 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (e) LEGAL, AND (g) PERSONNEL. 2. MEETING RECONVENED TO OPEN SESSION AT 8:54 P.M. NEW BUSINESS: (Continued) AUTHORIZATION FOR STAFF TO PROVIDE WATER SERVICE OUTSIDE THE CITY OF PEARLAND'S CORPORATE LIMITS: It was moved by Councilman Gray, seconded by Councilman Lentz, that water and sewer ser- vice be provided outside our City Limits if the following conditions are met: 1. That the capacity is adequate to serve the area outside the City Limits; 2. That all charges for water and sewer service be at a rate of 1-1/2 times that existing in the City; 3. That anyone tying onto City water and sewer be required to pay the normal tap fees and Capital Recovery Fees; 4. That any off-site extension would be at the customer's expense. Motion passed 5 to 0. ADJOURN: The meeting adjourned at 8:56 P. M. Minutes approved as submitted and/or corrected this the / 'day of e A , A. D., 1985. IN Mayor Attest: City S retary