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1981-12-28 CITY COUNCIL REGULAR MEETING MINUTES27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 28, 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 fes" 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 Council- man Farley. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Mack that the minutes of the regular meeting held on December 14, 1981, be approved as submitted. Motion passed 4 to 0. Councilman Lentz abstained. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORT: Councilman McComb reported for the Committee, assigned by the Mayor, to work with Actions on funding a van driver and site director as well as a location for this group's activities. He reported that the Committee recommended that $3,000.00 for the van driver and $3,000.00 for the site director be funded out of the Council Contingency Fund. Also, that the new EMS Building be used as a temporary meeting place for the Actions group, and that a small storage building be erected back of this building for storage for this group. He stated that this matter has been checked out with the EMS Director and he concurs with this arrangement. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: "REQUEST BY ACTIONS FOR ADDITIONAL FUNDS FOR 1982: It was moved by Councilman McComb, seconded by Councilman Farley that a $3,000.00 .... allocation for a site director and a $3,000.00 allocation for a van driver be approved and funded out of the Council Contingency Fund, and that the City Manager be authorized to design and build a small storage facility behind the EMS Building for the exclusive use of Actions. The meeting room and kitchen facilities to be made available to this group upon completion and acceptance of the facility. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: ORDINANCE NO. 246-76, DAVID S. MILLER, AGENT FOR HELEN CROUCH, LAND USE CHANGE APPLI- CATION NO. 99: Ordinance No. 246-76 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-76 be passed and approved on first of two readings. Said Ordinance No. 246-76 reads in caption as follows: ORDINANCE NO. 246-76 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 Gray, Councilman McComb, Councilman Lentz, and Councilman Farley. Voting "No": Councilman Mack Motion passed 4 to 1. Councilman McComb absent from the Council Chambers at 7:45 P. M. CHANGE IN ORDER OF BUSINESS: DEPARTMENTAL REPORTS: None CITIZENS: Michael J. Pesl, 2206 Cedar Street - Mr. Pesl appeared before the City Council re- garding the difficulty he presently has, and other handicapped and elderly persons might be having, handling the paper trash bags currently being used for garbage. He suggested placement of the handicapped emblem on the garbage cans and permit the use of these cans by the handicapped in lieu of the paper bags. DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 101 - DONALD W. MOORE CHANGE IN LAND USE FROM R-2 (MEDIUM DENSITY SINGLE FAMILY) TO GB (GENERAL BUSINESS) ON 1.0424 ACRES LOCATED ABSTRACT 239, PEARLAND, BRAZORIA COUNTY, TEXAS. (HOLLINGS- WORTH SUBDIVISION ON WALNUT STREET). PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: 1. Darrell Shannon, 4608 Walnut Street; 2. Alfred Flores, 4606 Walnut Street; 3. Mrs. Jack West, 4804 W. Walnut Street; 4. Bill Wood, representing the Masonic Lodge. RECOMMENDATION OF PLANNING & ZONING COMMISSION: Mayor Reid read a letter dated November 18, 1981 from Richard Tetens, Chairman of the Planning & zoning Commission wherein he advised that the Commission voted 5 to 1 to deny this request for zone change. QUESTION AND ANSWER PERIOD: ADJOURN PUBLIC HEARING NO. 1 2. APPLICATION NO. 102 - HAUSMAN HOMES, INC. REQUEST FOR CHANGE IN LAND USE FROM CLASSIFICATION PLAN APPROVAL (SINGLE FAMILY HOMES WITH A DENSITY OF APPROXIMATELY 4.5 HOMES PER ACRE) TO PLAN APPROVAL (SINGLE FAMILY ATTACHED AND DETACHED HOMES - NO MORE THAN TWO DWELLINGS PER BUILDING) ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: Abstract 111, Tract 2 - 2A, 2B - 1A, 2C & 2D, Perry and Austin Survey, containing 26.1428 acres. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: R. Buck Hausman, 1328 S. Loop West, Houston, Texas. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None REPORT FROM PLANNING & ZONING COMMISSION: Mayor Reid read a letter from the Chairman of the Planning &Zoning Commission dated December 2, 1981, wherein the Commission recommended that the City Council approve Application No. 102 on a Planned Unit for Hausman Homes, Inc. QUESTION AND ANSWER PERIOD: Mr. Hausman was advised that if this change was approved by the City Council that he would have to file a final plat on this subdivision. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. ADJOURN PUBLIC HEARING NO. 2 NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 101, DONALD W. MOORE, AND APPLICATION NO. 102, HAUSMAN HOMES, INC: It was moved by Councilman Lentz, seconded by Councilman Mack that, in light of the Planning Commission's recommendation, Application No. 101, Donald W. Moore, be denied by the City Council; and that the City Attorney be instructed to prepare the necessary Ordinance for Application No. 102, Hausman Homes, Inc. Motion passed 4 to 0. Councilman McComb absent at this time. MEETING RECESSED AT 8:30 P. M. RECONVENED AT 8:40 P. M. UNFINISHED BUSINESS: (Continued ORDINANCE NO. 436, AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS FOR TEXAS MUNICIPAL RETIREMENT SYSTEM: Ordinance No. 436 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Gray that Ordinance No. 436 be passed and approved on second and final reading. Said Ordinance No. 436 reads in caption as follows: ORDINANCE NO. 436 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UP- DATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PER- FORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF PEARLAND, AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Voting "Aye Councilman Gray, Councilman Lentz, Councilman Mack, and Councilman Farley. Voting "No": None Motion passed 4 to 0. Councilman McComb absent at this time. RESOLUTION NO. R81-38, A RESOLUTION PROVIDING FOR AND GIVING NOTICE OF PUBLIC HEARINGS TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS: Resolution No. R81-38 read in full by Councilman Farley, Gray, Mack, and City Attorney Williams. It was moved by Councilman Gray, seconded by Councilman Mack that Reso- lution No. R81-38 be passed and approved on first and only reading. Said Resolution No. R81-38 reads in caption as follows: RESOLUTION NO. R81-38 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARINGS TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Gray, Councilman Lentz, Councilman Mack and Councilman Farley. Voting "No": None Motion passed 4 to 0. Councilman McComb absent at this time. PUBLIC HEARING ON REQUEST BY TEXAS -NEW MEXICO POWER COMPANY FOR RATE INCREASE: It was moved by Councilman Farley, seconded by Councilman Lentz that a Public Hearing be called on January ll, 1982, under Docketed Public Hearings of the regular agenda, on the request of the Texas -New Mexico Power Company for a rate increase. Motion passed 4 to 0. Councilman McComb absent at this time. INVOICE FROM LOSCO BUILDERS FOR EMS BUILDING AND ADDITION TO FIRE STATION: It was moved by Councilman Lentz, seconded by Councilman Mack that the invoice from Losco Building Systems, Inc., in the amount of $37,755.00, be approved for payment. Motion passed 4 to 0. Councilman McComb absent at this time. OTHER BUSINESS: None ADJOURN: Meeting adjourned at 8:50 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 198Br. Mayor ATTEST: ` ty Secretary