1981-11-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
NOVEMBER 23, 1981, 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
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Al Lentz
Harry Farley
Charles R. Mack
Carlton McComb
Terry Gray
Ronald J. Wicker
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman
Charles Mack.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the
regular meeting held on November 6,1981, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid complimented Councilman Gray on his activities as liaison between the
Park's Board and the City Council.
COUNCIL ACTIVITY REPORTS:
None
DEPARTMENTAL REPORTS:
City Manager Wicker asked the Press to mention in the paper that no residential garbage
would be picked up on Thursday and Friday due to the Thanksgiving Holidays.
CITIZENS:
Mr. Elton Davis, 5306 Woodville Lane, appeared before the City Council with a request
for a waiver of an encroachment of approximately 2 to 2-1/2 feet on a utility easement
located on his property. Mr. Davis stated that he constructed a swimming pool and was
not aware that a permit was needed. When the electrical contractor applied for an
electrical permit, it was discovered that no permit had been obtained for the con-
struction of the pool, and that the pool was encroaching on the easement.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
REQUEST BY ELTON DAVIS FOR WAIVER AND PERMIT:
City Manager Wicker reported that as far as he could tell there were no utilities
located in this easement; however, we have no way of knowing if H. L. & P., Mecca TV,
15
Southwestern Bell, etc. intend to utilize the easement. He stated that, if the City
Council had no objection to this encroachment then he felt that as long as Mr. Davis
obtained a letter from all of the other utilites stating that they have no objection
to this encroachment, we would be safe in allowing it to exist.
It was moved by Councilman McComb, seconded by Councilman Lentz that the request for
this waiver he granted contingent upon receipt of letters from H. L. & P. and other
utilities stating that they have no objections, and procurement of proper City permits
from the Building Inspection Department.
Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
DOCKETED PUBLIC HEARINGS:
NO. 99
1. LAND USE APPLICATION/- REQUEST FOR LAND'USE CHANGE BY DAVID S. MILLER, AGENT FOR
MARTHA ALEXANDER CROUCH, OWNER — FROM CLASSIFtICATION PLANNED UNIT TO THE VARIOUS
CLASSIFICATIONS AS SHOWN BELOW. ALL OF THE PROPERTY DESCRIBED BELOW IS LOCATED IN
THE THOMAS J. GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY, TEXAS:
(a) 10.489j acres PU to General Business;
(b) 13.1460 acres PU to Multi -Family;
(c) 5.9455 acres PU to General Residential;
(d) 85.0629 acres PU to Single Family;
(e) 6.4884 acres PU to General Business;
(f) 5.2772 acres PU to Office and Professional.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE:
i 1. David S. Miller, 3405 E. Broadway, Pearland, Texas, representing Martha Alexander
Crouch. He advised that they were basically trying to maintain what has previously
been rezoned. Owners have agreed to 15' additional right-of-way on Whitehead Road.
If rezoning approved, owners anticipate moving fairly rapidly to the development of
Lot #3 and the other lots. They have no immediate plans for the development of the
other portion of the tract. Reasoning behind rezoning the entire tract is to provide
the zoning prior to the sale of this land to be used as business.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE:
None
QUESTION AND ANSWER PERIOD:
Mr. Miller was questioned by the City Council as to whether or not there was anything
in writing from the Settegasts stating that they would come forth with the 15' right-
of-way to the City. He replied that he did not.
Mayor Reid read into the records the letter of October 22, 1981 from the Planning &
Zoning Commission as follows
October 22, 1981
THE HONORABLE MAYOR AND CITY COUNCIL
City Hall
Pearland, Texas
Gentlemen:.
On the evening of October 20, 1981, the Planning and Zoning Commission held a Public
Hearing on Application No. 99, David S. Miller, Agent for Martha Alexander Crouch, Owner
for an amendment to the Land Use and Urban Development Ordinance from classification
Planned Unit to General Business on 10.4893 acres; to Multifamily on 13.1460 acres; to
General Residential. on 5.94 5 5 acres; to Single Family, R-2 on 85.0629 acres; to
General Business on 6.4884 acres; and to Office and Professional on 5.2773 acres.
After discussion by the Commission, Leroy Savoie made a motion that the request to
rezone said acreage as defined on the request submitted by David S. Miller, Agent for
Martha Alexander Crouch, Owner, be denied; reasons being that this planned rezoning
conflicts with the Comprehensive Plan as set forth by Marmon, Mok and Green and it
would increase the density of that section of town far in excess to what it was pro-
jected in that area. Dennis Frauenberger seconded the motion which passed by a vote
of 5-1. Clyde Starns voted against.
The Planning and Zoning Commission now presents this recommendation to the City
Council for their consideration.
Yours truly,
/s/ Richard F. Tetens
Richard Tetens, Chairman
Planning & Zoning Commission
RT:kk
RECESSED 8:13 P. M. - RECONVENED 8:25 P. M.
DOCKETED PUBLIC HEARING ADJOURN:
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
COUNCIL DECISION ON APPLICATION 99, DAVID S. MILLER, AGENT FOR MARTHA ALEXANDER CROUCH:
It was moved by Councilman Farley, seconded by Councilman McComb that this item be
tabled until the next Council Meeting.
Motion passed 5 to 0.
UNFINISHED BUSINESS:
ORDINANCE NO. 435, AN ORDINANCE. REQUIRING THE HOUSTON LIGHTING & POWER COMPANY TO FILE
MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEARLAND, TEXAS:
Ordinance No. 435 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Lentz, seconded by Councilman Farley that Ordinance No. 435
be passed and approved on second and final reading. Said Ordinance No. 435 reads in
caption as follows:
ORDINANCE NO. 435
AN ORDINANCE REQUIRING TH-E HOUSTON LIGHTING & POWER COMPANY TO
FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEAR -
LAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE
SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES
MAY BE CHANGED,MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FIND-
INGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER
ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HERE-
WITH.
Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, and Councilman
McComb.
Voting "No": Councilman Gary
Motion passed 4 to 1.
.l7
ORDINANCE NO. 266-1, AN ORDINANCE AMENDING CHAPTER 5, SECTION 5.8 OF ORDINANCE NO. 266
KNOWN AS THE PERSONNEL ORDINANCE OF THE CITY OF PEARLAND:
Ordinance No. 266-1 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Mack, seconded by Councilman Gray that Ordinance No. 266-1
be passed and approved on second and final reading. Said Ordinance No. 266-1 reads in
caption as follows:
ORDINANCE NO. 266-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER
5, SECTION 5.8 OF ORDINANCE NO. 266 HERETOFORE ADOPTED BY THE
CITY COUNCIL.OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN
EFFECTIVE DATE;.A SEVERABILITY CLAUSE; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack,
and Councilman Farley.
Voting "No": None
Motion passed 5 to 0.
ANNEXATION OF AREA WEST OF THE PRESENT CITY LIMITS:
This item passed until the next regular meeting.
RELEASE OF EASEMENT BILL OGGERRO (GREEN TEE TOWNHOUSE RESERVE):
This item passed until the next regular meeting.
NEW BUSINESS:
REVIEW OF BIDS RECEIVED BID NO. B81-17, POLICE VEHICLES:
City Manager Wicker recommended that we award the bid to River Oaks Chrysler -Plymouth
for two full size police patrol cars for a total bid of $18,156.30, and rebid the three
detective units using specifications for a smaller vehicle. It was moved -by Councilman
Lentz, seconded by Councilman McComb that Bid No. B81-17, Item No. 1, for two full size
police cars be awarded to River Oaks Chrysler -Plymouth and rebid Item No. 2 for the
three detective cars.
Motion passed 5 to 0.
ENGINEERING ESTIMATES:
It was moved by Councilman Lentz, seconded by Councilman McComb that Final Estimate,
Lem Construction Company, for realignment of Corrigan Drive with woody Road in the
amount of $8,947.63, and Final Estimate (retainage) to Galin Corporation for Old Alvin
Road extension in the amount of $45,205.06 be approved and payment be made out of the
appropriate funds, subject to receipt of all necessary documents.
Motion passed 5 to 0.
OTHER BUSINESS:
Meeting recessed at 8:35 P. M. to Executive Session under Texas Open Meeting's Law,
Section II, Subsection (e) Legal and Section II, Subsection (f) Exchange, Lease or
Value of Real Property.
Reconvened to open session at 9:36 P. M. No action.
ADJOURN:
Meeting adjourned at 9:37 P. M.
Minutes approved as submitted and/or corrected this the/ day of:,ZLC�
A. D., 1981.
c'rYl2�
Mayor
ATTEST:
.,4 &
City Secretary