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1982-12-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 13, 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 Tom Reid Councilman/Mayor Pro Tem Terry Gray Councilman Al Lentz Councilman James E. Bost Councilman Charles R. Mack I City Manager Ronald J. Wicker City Attorney Bobby Williams City Secretary Dorothy L. Cook Absent from the Meeting: Councilman Dennis Frauenberger INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Hill Kemp, District 27 Member of the Legislature -elect. The Pledge of Allegiance was led by Mayor Ralph Lowe, Mayor of the City of Friendswood, Texas. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on November 22, 1982 and the special meeting held on November 29, 1982, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: i i Mayor Reid introduced Hill Kempt to the audience. Representative Kemp stated that he planned to have a local office, as well as his Austin office, to better communicate with his constituents. Mayor Reid introduced.Mayor.Ralph Lowe of Friendswood. Mayor Lowe stated that he wished to touch on several subjects of mutual interest to both communities. First, he would follow the lead of Pearland in trying to get the Commissioner's Court of Harris County to rename Choate Road to Dixie Farm Road. Second, he mentioned the proposed Highway 35 freeway between Houston and Alvin that has been discussed since 1964. If this project is reactivated, he stated that Friendswood would follow Pearland's lead in this matter. Thirdly, Mayor Lowe stated that he met with City Manager Wicker and his Assistant, Gary Jackson, for the purpose of discussing the widening of Highway 518 in Pearland and Friendswood. Drainage of this project is of interest to both cities, and he stated that an effort is being made to take care of as many potential drainage problems as possible prior to the construction on this roadway to four lanes. Fourth, Mayor Lowe spoke to the City Council about the proposed Crystal Homes Subdivision which abuts the City Limits of Friendswood. The proposed plat indicates 40 -foot lots in the area in Brazoria County and Pearland, and in Friendswood the minimum size is 90 feet. He asked that the City of Pearland require the developer to increase the lot size to 60 feet, which would be two-thirds of the required size in Friendswood. He advised that Friendswood was discussing ways and means of utilities to the area, such as treatment of the sewage through the Black Hawk Regional Plant and digging of a water well on land to be donated by the developers. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that he met with representatives from H. Platt Thompson's office last Thursday and discussed where they were on the report, and they plan to have the preliminary engineering report prepared within the.next 30 to 45 days. This would be a complete report on John Lizer and Magnolia Road from Liberty to McLean Road. There is one large problem in this project and that is the tracks, and they plan to come up with several alternatives on how to treat that area. Councilman Bost reported that he and Richard Tetens met with the PISD Future Growth Com- mittee and they are looking at the possibility of increasing the size of the Carleston Elementary School, and are interested in the utilities and the traffic flow. Councilman Bost stated that he discussed the utilities with City Manager Wicker and that he felt that this could be served by the present utilities. They might have to increase their lift station capacity; however, the City will have additional service to the area within the next year to 18 months and that is about the time frame that would be necessary for the addition to be completed. DEPARTMENTAL REPORTS: City Manager Wicker stated that he met with School Superintendent Bullard regarding the sidewalks at the Jamison Middle School. Our Engineering Department has prepared a drawing showing essentially where the sidewalks were to be constructed, and it was gen- erally agreed to that the School District would try to construct, at their expense, sidewalks on their property and the City would be responsible for construction of the sidewalks off the property. City Manager Wicker reported that he talked to Langford Engineering. They have reviewed all previous drainage studies, made by various engineering firms, and will be meeting with the City Staff this week and likely will have some recommendations on what we need to do. City Manager Wicker advised that he has talked to R. Wayne Smith today and he furnished a preliminary proposal on those areas that we felt important. He requested that the Council review this proposal and asked any comments or suggestions. Tax Collector Barbara Lenamon reported that she hoped to have all of the tax statements in the mail on December 20, 1982. CITIZENS: Mr. Jerry Wilkins appeared before the City Council with a request for an exception to the Subdivision Ordinance that would permit him to use asphalt or ribbon concrete streets in a subdivision located in Abstract 562 in the extraterritorial jurisdiction of the City of Pearland. Access to the subdivision would be by County Road 931, a 2,000 foot road off of Highway 6. He stated that the lot sizes would be 115 x 135 feet. Mayor Reid asked that an action item be placed on the agenda of the next meeting regard- ing Mr. Wilkins' request for a waiver in the subdivision regulations of the City. e DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 111 - WAYNE BUSH, AGENT FOR MINNETEX BIBLE CHURCH - PU TO PLAN APPROVAL A Church Building and Parking Lot on a 4.00 acre tract out of Lot 1, O. W. Willits Subdivision, W. D. C. Hall League, Abstract 70, Brazoria County, Texas_ PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: Wayne Bush stated that the Minnetex Bible Church wanted to build a church and parking lot on this tract and the Planning & Zoning Commission had approved this request at their Hearing; however, he took exception to the requirement of the Commission that the driveway entrance be at least 150 feet from the Woodcreek entrance. He stated that they planned one egress and one ingress to the property. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST: None PLANNING & ZONING COMMISSION RECOMMENDATION: November 18, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on November 16, 1982, the Planning and Zoning Commission held a public hearing on Application No. 111, Wayne Bush, Agent for Minnetex Bible Church, Owner for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to Plan Approval (PA). After discussion by the Com- mission, it was moved by Leroy Savoie, seconded by Hardie Barr that the Planning and Zoning Commission recommend to the City Council approval of Application No. 111 for a zone change from Planned Unit to Plan Approval with the stipulation that the driveway entrance be at least 150' from the Woodcreek entrance. Motion passed 5-0. 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: City Manager Wicker stated that at the Planning & Zoning Commission hearing no represen- tative from the Church was present and the Commission was not aware of two driveways being planned, hence the reason for requiring the one driveway to be 150 feet from Woodcreek entrance due to traffic hazard. Council questions relating to availability of water and sewer service were discussed. City Manager Wicker stated that water was available; however, sewer would have to come from Woodcreek. ADJOURN: Hearing adjourned at 8:40 P. M. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 111, WAYNE BUSH, AGENT FOR MINNETEX BIBLE CHURCH: It was moved by Councilman Gray, seconded by Councilman Bost that the City Attorney be authorized to prepare the necessary ordinances for Application No. 111, for a zone change from Planned Unit to Plan Approval with a stipulation that the first access driveway be at least 150 feet from the Woodcreek Entrance. MEETING RECESSED AT 8:50 P. M. - RECONVENED AT 900 P. M. Mayor Reid called for a vote on the question. Motion passed 3 to 0. Councilman Mack absent from the room at this time. PROPOSED MUD LOCATED SOUTHEAST CORNER OF 3344 AND HIGHWAY 288: Clay Crawford appeared before the City Council and avised that he was representing Fred Farner, a developer, who would like to develop approximately 180 acres located at the Southeast corner of 3344 and Highway 288. This development would need to be served by a Municipal Utility District, and Mr. Crawford advised that his client would be sub- mitting a request for the creation of this District at a later date. He stated that his client and his engineer were prepared to answer any questions concerning the development. It was suggested by the Council that a Workshop session would help expedite this matter rather than going over the various questions and problems at this meeting. City Attorney Williams stated that he felt it would expedite matters if he could get with Mr. Crawford so that the Petition for Creation of a Municipal Utility District could be submitted, and then possibly one Workshop would cover the problem areas. Mr. Williams stated that the Petition would not have to be filed in a formal meeting of the Council;but could be received into the City by the City Secretary. Mayor Reid asked the City Attorney or City Manager to advise him when a Workshop would be in order. REVIEW OF PLANS AND SPECIFICATIONS FOR COMMUNITY CENTER AND LIBRARY BUILDING AND AUTHORI- ZATION TO BID PROJECT: Dansby & Miller, Architects, presented the proposed plans for this project. City Council reviewed the plans and several suggestions for amending the plans were made. It was moved by Councilman Bost, seconded by Councilman Lentz that the Architects be authorized to proceed with the bid on the Community Center and Library Building as amended. Bid to be opened at 2:00 P. M., January 20, 1983. Motion passed 3 to 0. Councilman Mack absent from the room at this time. REVIEW AND POSSIBLE AWARD OF BID NO. B82-20, 500,000 GALLON ELEVATED WATER TANK TO BE LOCATED ON MCLEAN ROAD: Bid were reviewed as follows: COMPANY AMOUNT OF BID CALENDAR DAYS FOR COMPLETION 5% BID SECURITY Brown Steel Contractors $283,300.00 240 Yes Inc. Hydrostorage, Inc. j $356,400.00 270 Yes i-- Universal Tank & Iron Works, $294,740.00 270 Yes Inc. Caldwell Tanks, Inc. $275,000.00 270 Yes City Manager Wicker recommended that Caldwell Tanks, Inc., be awarded the bid as the lowest and best bid received. It was moved by Councilman Lentz, seconded by Councilman Mack that Bid No. B82-20 be awarded to Caldwell Tanks, Inc., in the amount of $275,000.00 based on their proposal submitted on December 8, 1982, and the Mayor be authorized to sign the Contract. Motion passed 4 to 0. s'JJ AUTHORIZATION FOR MAYOR TO EXECUTE LETTER OF TRANSMITTAL TO STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION FOR CITY PARTICIPATION IN HIGHWAY 518 WIDENING: It was moved by Councilman Gray, seconded by Councilman Bost that the Mayor be authorized to sign a letter of transmittal to the State Department of Highways and Transportation for City participation in the widening of Highway 518, and that the letter so state that the City will go with curb and gutters. Motion passed 4 to 0. City Manager Wicker stated that this would, in essence, commit the City to partici- pation in curb and gutters, storm drainage and the relocation of utilities for an approximate figure of 2.5 million dollars. RESOLUTION NO. R82-41, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS TO INITIATE NAME CHANGE OF CHOATE ROAD TO DIXIE FARM ROAD: Resolution No. R82-41 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Gray that Resolution No. R82-41 be passed and approved on first and only reading. Said Resolution No. R82-41 reads in caption as follows: RESOLUTION NO. R82-41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THAT THE COMMISSIONER'S COURT OF HARRIS COUNTY RENAME CHOATE ROAD FROM STATE HIGHWAY 3 AND INTER- STATE 45 TO CLEAR CREEK; AND THAT THE NAME CHOATE ROAD BE CHANGED TO DIXIE FARM ROAD. Voting "Aye": Councilman Bost, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that Interim Invoice No. 2 from H. Platt Thompson in the amount of $12,971.50 for Magnolia Road/John Lizer Road Project, and Estimate No. 3 from O'Day Drilling Company for Tank Foundations and Booster Pumps, Liberty Road and Magnolia Road Water Well Sites, in the amount of $56,727.96, to be paid from the appropriate funds. Motion passed 3 to 1. Councilman Gray opposed. UNFINISHED BUSINESS: ORDINANCE NO. 246-81, AMENDMENT TO LAND USE AND URBAN DEVELOPMENT ORDINANCE - BAZEL E. CROWE, AGENT FOR LINN EIGNUS - PU TO GR: It was moved by Councilman Lentz, seconded by Councilman Bost that second reading of Ordinance No. 246-81 be tabled. Motion passed 4 to 0. ORDINANCE NO. 451, AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS RETIREMENT SYSTEM "UPDATED SERVICE CREDITS": Ordinance No. 451 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 451 be passed and approved on second and final reading. Said Ordinance No. 451 reads in caption as follows: ORDINANCE NO. 451 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 Lentz, Councilman Mack, Councilman Gray, and Councilman Bost. Voting "No": None Motion passed 4 to 0. PETITION SUBMITTED BY PARKVIEW HOMEOWNER'S ASSOCIATION REGARDING TRAFFIC AND BARRICADE ON MARY'S CREEK EAST: It was moved by Councilman Gray, seconded by Councilman Lentz that the City not install a barricade on Mary's Creek East nor at this time install any additional traffic control devices in Parkview Subdivision. Motion passed 4 to 0. OTHER BUSINESS: It was moved by Councilman Mack, seconded by Councilman Gray that Mayor Reid's absence from the regular meeting of November 22, 1982, be shown as excused absence. Motion passed 4 to 0. RECESSED AT 10:15 P. M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (e) LEGAL, AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:25 P. M. NEW BUSINESS (Continued) RESOLUTION NO. R82-43, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE MAYOR TO EXECUTE NECESSARY LOAN'_AND SECURITY DOCUMENTS WITH CITY DEPOS- ITORY: This item posted on regular agenda as emergency item for the Mayor to execute loan and security document with the City Depository for the purchase of two catapiller track loaders, inclusive of transport cost and storage facilities, for use at the Sanitary Landfill. Resolution No. R82-43 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R82-43 be passed and approved on first and only reading. Said Resolution No. R82-43 reads in caption as follows: RESOLUTION NO. R82-43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE NECESSARY LOAN AND SECURITY DOCUMENTS WITH THE CITY DEPOSITORY. Voting "Aye": Councilman Bost, Councilman Gray, and Councilman Lentz. Voting "No"" None Motion passed 3 to 0. Councilman Mack absent from the Chambers at this time. 9 1) ADJOURN: Meeting adjourned at 10:26 P. M. Minutes approved as submitted and/or corrected this the „[ / day of!c�E'-c v A. D., 1982. Mayor ATTEST: ity Secretary