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1982-11-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 22, 1982, 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 Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary Absent from the meeting: Mayor Tom Reid INVOCATION AND PLEDGE OF ALLEGIANCE: Terry Gray Charles R. Mack James E. Bost Dennis Frauenberger Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Jim Bost. The Pledge of Allegiance was led by Councilman Al Lentz. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on November 8, 1982, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Pro Tem Gray advised that the Mayor was attending a meeting between members of the Houston Galveston Area Council and State and Federal elected officials to discuss possible solutions to various problems in this area. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that he and Councilman Bost met with the owners of Crystal Homes, Inc., concerning utilities to this proposed subdivision. Several proposals were presented to Crystal Homes and they are taking these under advisement. DEPARTMENTAL REPORTS: City Manager Wicker stated that we have been notified by Ron Paul's office and FEMA last Friday that they have put a hold on the Flood Plain Maps. They are going to try and take some actions on the discrepancies that exist on the quantities of flow at Highway 35 and Clear Creek. City Manager Wicker asked that the City Council approve the item on the agenda asking for an appeal of the flood maps. City Manager reported on the petition received from the Parkview Civic Club relating to traffic conditions in their area and a request for a barricade on Mary's Creek East at Parkview Subdivision. Since the meeting, where the Petition was received, we have made several traffic counts throughout the area --85 percentile speed studies on Parkview, Colleen and Liberty Drive. On the traffic study we counted the vehicles entering or going through the connecting streets of Mary's Creek East, connecting Parkview and Shady - crest for a 24-hour period. The total was 358 vehicles, which is very low for a residen- tial street. The speed studies indicated Colleen to be less than 30 mph; Parkview was less than 30 mph Eastbound and slightly more than 30 mph Westbound. City Manager Wicker advised that the 0 Staff recommends that Mary's Creek East not be closed and feels that continued enforce- ment of the area be maintained. Mayor Pro Tem Gray asked that an action item be placed on a future agenda so that the Council may consider disposition of the Petition submitted by the Parkview Civic Club. CITIZENS: Mr. Tom Alexander addressed the City Council regarding the proposed flood map. Mr. Alexander advised that he was interested in a new model of the floodway map for Clear Creek. He advised that "model" means taking into consideration the work completed and 5..1 planned by our Drainage District. Mr. Alexander stated that he felt that this was a very serious map and should be considered carefully. He also stated that Harris County estimates a 50% area in the floodway map in Harris County. They plan to spend $1,800,000 on a new study. He stated also that the floodway map on Mary's Creek should also be reviewed. Mayor Pro Tem Gray advised that we have enough evidence to support an appeal on the Clear Creek Floodway; however, we do not have enough at the present time to support an appeal on Mary's Creek. Councilman Lentz stated that there is some data available that was developed for General Homes. Mr. Alexander wanted to go on record as opposing the proposed map as furnished by FEMA on both Clear Creek and Mary's Creek. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - PU TO COMMERCIAL - ON FIVE ACRES, MORE OR LESS, BEING THE SOUTHWEST 1/2 OF LOT 77 OF THE GEORGE W. JENKINS SUBDIVISION, W. D. C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS - APPLICATION NO. 110, ANN SHIVER, AGENT FOR CLARK C. JORDAN AND IRENE T. JORDAN, OWNERS. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: 1. Frances Jamison; 2. Bert Jamison; 3. Inez Jamison; 4. Ann Shiver, representing the Owner, advised that the property was going to be used as a residential homesite with the homeowner's personal business being a part of that site. This type of business is the selling of supplies for the refinishing of furniture; 5. Jim Boseman advised that he was in the process of purchasing the property; 6. Clark Jordan, Owner of the land. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: 1. Bob Sears; 2. Rona Williamson; 3. Shirley Watts; 4. J. B. Watts; 5. Carmon Lopez; 6. Jessie Lopez; 7. George Ando. REPORT FROM PLANNING & ZONING COMMISSION: Mayor Pro Tem Gray read the following letter from Richard Tetens: October 20, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas 77581 Gentlemen: At their special meeting on October 19, 1982, the Planning and Zoning Commission held a public hearing on Application No. 110, Ann Shiver, Agent for Clark C. and Irene T. Jordan, Owners, for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit to Commercial. After discussion by the Commission, it was moved by Clyde Starns, seconded by Bill Frascino, that the Planning and Zoning Commission recommend to the City Council that Application No. 110 for a zone change from Planned Unit to Com- mercial be denied. The motion passed by a vote of 5-1 with Frank Ravet voting against. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Richard Tetens Richard Tetens, Chairman Planning & Zoning Commission RT:kk QUESTION AND ANSWER PERIOD: ADJOURN HEARING: 8:30 P. M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 110, CLARK C. JORDAN AND IRENE T. JORDAN, OWNERS, FROM PLANNED UNIT TO COMMERCIAL: It was moved by Councilman Mack, seconded by Councilman Frauenberger that Application No. 110, Request for Land Use Change from PU to Commercial, Ann Shiver, Agent for Clark C. Jordan and Irene T. Jordan, Owners, be denied. Motion passed 5 to 0. City Attorney Williams was requested to research to see whether or not this could possibly come under Homeowner's Occupation. UNFINISHED BUSINESS: AUTHORIZATION FOR CITY ATTORNEY TO PREPARE AMENDED PERSONNEL ORDINANCE COVERING CLASSIFIED AND UNCLASSIFIED EMPLOYEES: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Attorney be authorized to prepare amendments to Personnel Ordinance (Classified and Un- classified Employees) in line with the changes previously reviewed by the City Council. Motion passed 5 to 0. ORDINANCE NO. 445, APPROPRIATION ORDINANCE AND ORDINANCE NO. 446, TAX LEVY ORDINANCE: Mayor Pro Tem Terry Gray called a Special Meeting for 7:30 P. M., November 29, 1982, to consider the two ordinances. NEW BUSINESS: (Continued) AUTHORIZATION FOR MAYOR TO FILE A NOTICE OF APPEAL ON FEDERAL FLOODWAY MAP AND FEDERAL INSURANCE RATE MAP: City Manager Wicker recommended that the City Council authorize the Mayor to sign the letter dated November 22, 1982, regarding discrepancies of discharge rates on Clear Creek at Highway 35. Mr. Wicker asked for authority from the Council as part of a second letter to contact our Drainage Consultants and ask them to make the evaluation on Mary's Creek and come back to us with the information. 190 Mayor Pro Tem Gray added this item to the business to be considered on November 29, 1982, Special Meeting. It was moved by Councilman Mack, seconded by Councilman Bost that the Mayor be authorized to sign the following letter: November 22, 1982 R. Dell Greer, Chief Natural & Technological Hazards Division Federal Emergency Management Agency Region VI, Federal Center Denton, Texas 76201 Dear Mr. Greer: The Staff of the City of Pearland has been reviewing the Flood Plain Map information presented by FEMA in October of this year. Subsequent to our last meeting, we feel that there is a drastic discrepancy in the shown discharge rates at Clear Creek and HW 35. These discrepancies show up in the information presented by the Corps of Engineers and the infor- mation presented by Bernard Johnson, Inc. in their 100 -year flood plain analysis of Clear Creek West of HW 35. If the Bernard Johnson information is valid, which we feel it is, then the alterations of the discharge rates East of HW 35 could be reduced substantially and this would have an impact on the final Flood Plain and Flood Way maps. Your assistance in answering this question would be greatly appreciated. We would like to have some response as soon as possible. Should you have any questions concerning this item, please let me know. Sincerely, /s/ Tom Reid Tom Reid Mayor TR:kk Motion passed 5 to 0. RESOLUTION R82-40, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE VEHICLES: Resolution No. R82-40 read in full by Councilman Lentz. (Purchase of four police vehicles) It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R82-40 be passed and approved on first and only reading. Said Resolution No. R82-40 reads in caption as follows: RESOLUTION NO. R82-40 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE PATROL AUTOMOBILES - TEXAS INTERLOCAL COOPERATION ACT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger, and Councilman Bost. Voting "No": None Motion passed 5 to 0. EMERGENCY AMBULANCE CONTRACT WITH BROOKSIDE VILLAGE: It was moved by Councilman Lentz, seconded by Councilman Bost that the City Manager be authorized to negotiate the renewal of a contract between the City of Pearland and the City of Brookside for Emergency Ambulance Service. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO COMPLETE APPLICATION FOR PARTICIPATION IN AREA WIDE SOLID WASTE STUDY: City Manager Wicker advised that a solid waste study is planned for the Houston -Galveston Area Council and he requested authorization for an expenditure of approximately $1,400.00 to participate in this study. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the City Manager be authorized to complete the application for a Solid Waste Study and expend funds in the amount of $1,400.00 for same. Motion passed 5 to 0. MEETING RECESSED AT 9:05 P. M. - RECONVENED AT 9:10 P. M. INVOICE FROM H. PLATT THOMPSON, INC. FOR ENGINEERING STUDY - MAGNOLIA ROAD/JOHN LIZER ROAD PAVING PROJECT: It was moved by Councilman Lentz, seconded by Councilman Bost that Invoice No. 4278, Interim Invoice #1, in the amount of $12,401.88, be paid from the appropriate bond fund to H. Platt Thompson Engineering Company, Inc., for engineering study on Magnolia Road/ John Lizer Road Paving Project. Motion passed 5 to 0. ORDINANCE NO. 246-81, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 109, BAZEL E. CROWE, AGENT FOR LINN EIGNUS: Ordinance No. 246-81 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 246-81 be passed and approved on first of two readings. Said Ordinance No. 246-81 reads in caption as follows: ORDINANCE NO. 246-81 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 Gray, Councilman Lentz, and Councilman Mack. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 451, AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING.MUNICIPAL RETIREMENT SYSTEM "UPDATED SERVICE CREDITS": Ordinance No. 451 read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 451 be passed and approved on first of two readings. Said Ordinance No. 451 reads in caption as follows: 192 ORDINANCE NO. 451 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIRMENT 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 Lentz, Councilman Mack, Councilman Gray, Councilman Frauen- berger, and Councilman Bost. Voting "No": None Motion passed 5 to 0. AUTHORIZATION FOR WESTSIDE NATIONAL BANK TO CUT MEDIAN ON CORRIGAN DRIVE: The paving and drainage plan for the Westside National Bank was reviewed by the City Council, and City Manager Wicker advised that the Bank is asking that the median on Corrigan Drive be opened to provide access to the parking area from Corrigan Drive rather than direct access to the parking area from FM 518. City Manager Wicker stated that he felt this plan would be much more effective and safer than access from major arterials like FM 518. City Manager Wicker advised that the cost of the cut would be borne totally by Westside National Bank, and he recommended that the City Council approve this request. A discussion was held regarding the drainage and traffic control on this project. It was moved by Councilman Bost, seconded by Councilman Mack that the access through Corrigan Drive be approved as presented contingent on the fact that the cut -through will not interfere with left turn lane on Corrigan Drive. Motion passed 4 to 0. Councilman Frauenberger abstained. PURCHASE OF PARK LAND: MEETING RECESSED AT 9:35 P. M. TO EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SECTION (f) EXCHANGE, PURCHASE OR VALUE OF REAL PROPERTY, AND (g) PERSONNEL. RECONVENED AT 10:09 P. M. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Councilman Gray be authorized to negotiate for approximately 15 acres of Park.Land for approximately $10,000 per acre, and that the City attorney be authorized to prepare money contract. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 10:10 P. M. Minutes approved as submitted and/or corrected this the/ff day oc , A. D., 1982. Mayor ATTEST: ity Secretary