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1982-12-27 CITY COUNCIL REGULAR MEETING MINUTES203 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 27, 1982, 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: The invocation was given by Councilman Bost. man of the Park's Board, George Tribel. APPROVAL OF MINUTES: Tom Reid Terry Gray Charles R. Mack James E. Bost Dennis Frauenberger Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The Pledge of Allegiance was led by Chair - It was moved by Councilman Gray, seconded by Councilman Bost that the minutes of the regular meeting held on December 13, 1982, be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger abstained. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: RESOLUTION NO. R82-44, A RESOLUTION OF THANKS TO FORMER COUNCILMAN FARLEY: Resolution No. R82-44 read in full by Mayor Reid. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R82-44 be passed and approved on first and only reading. Said Resolution No. R82-44 reads in caption as follows: RESOLUTION NO. R82-44 A RESOLUTION OF THANKS TO COUNCILMAN FARLEY FOR HIS SERVICE AS COUNCILMAN —1873-79 1981-82; MAYOR PRO TEM 1977-79. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. Mayor Reid presented the Resolution to Councilman Farley along with the plaque for his service to the City. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: Councilman Lentz requested that Item No. 3 and Item No. 4 under Unfinished Business not be considered at this meeting. He stated that a meeting with Mr. Crowe regarding Friendswood's request for larger lots -is to be scheduled. ) Councilman Lentz requested that the State Department of Highways and Transportation be contacted to see if a blinking red light on Highway 518 at intersection with Corrigan and Woody can be installed since the controller will be out from 30 to 45 days due to an accident at this intersection. Councilman Gray requested that The Meca Corporation be contacted to ascertain when they would be finished with their Pearland project. He reported that some areas of the City are still not receiving service. He asked for a report in January from this Company. _ Councilman Mack reported that the Committee on the Land Use Ordinance revisions will meet Monday, January 3, 1983. DEPARTMENTAL REPORTS: City Manager Wicker reported that $251,852.00 has been received in current tax money. The statements were mailed out about one week ago, and Mr. Wicker stated that he hoped the City would receive a large amount of the tax money before the first of the year. CITIZENS: Mr. Carlton McComb appeared before the City Council with a request that they reconsider and not install curbs and gutters on Highway 518 when it is widened by the State Depart- ment of Highways and Transportation. Mr. McComb stated that he felt the open ditches should remain along this Highway to prevent flooding of this roadway, thereby providing. for an evacuation route in the event of a flood. Mr. Jerry Wilkins appeared before the City Council representing several property owners interested in developing their property. This property is located in the extraterritorial jurisdiction of the City of Pearland. Mr. Wilkins asked for a variance in the sub- division ordinance that would permit the building of streets less than the Class A, concrete streets with curbs and gutters. Mr. Wilkins stated that the drainage would be in accordance with Drainage District No. 4 specifications, and at this point he did not know whether or not a private sewer system would be used or individual septic tanks would be installed. UNFINISHED BUSINESS JERRY WILKINS REQUEST FOR EXCEPTION TO THE SUBDIVISION ORDINANCE: It was moved by Councilman Gray, seconded by Councilman Frauenberger that we take Mr. Wilkins' request under advisement, and that we take no action at this time. Motion passed 4 to 0. Councilman Lentz abstained. Councilman Mack is to discuss this matter with the Revision Committee next Monday night; and Mayor Reid asked for a report back to the City Council by the end of the first quarter of next year. DOCKETED PUBLIC HEARINGS: 1. REQUEST FOR LAND USE CHANGE - APPLICATION NO. 112, RON SLANK, AGENT FOR RON-CARTER CHEVROLET, INC., CLASSIFICATION PD TO COMMERCIAL ON 9.468 ACRES OUT OF LOT 53 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 6, H.T.&B.RR COMPANY SURVEY, ABSTRACT 544, BRAZORIA COUNTY, TEXAS. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Ron Slank - Mr. Slank stated that the property would be used to build a new Chevrolet Dealership. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: REPORT FROM PLANNING AND ZONING COMMISSION: Mayor Reid read the following report into the records: December 9, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their regular meeting on December 7, 1982, the Planning and Zoning held a Public Hearing on Application No. 112, Ron Slank, Agent for Ron -Carter Chevrolet, Inc., Owner, for an amendment to the Land Use and Urban Development Ordinance from classifi- cation Pre -Development District (PD) to Commercial District (C). After discussion by the Commission, a motion was made by Frank Ravet, seconded by Hardie Barr that the Planning and Zoning Commission recommend to the City Council approval of Application No. 112, for a zone change from Pre -Development District to Commercial District. Motion passed 4 to 0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly, yours, /s/ Richard F. Tetens Richard Tetens, Chairman Planning & Zoning Commission RT:kk ADJOURN: COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 112, RON SLANK, AGENT FOR RON-CARTER CHEVROLET, PRE - DEVELOPMENT DISTRICT TO COMMERCIAL: It was moved by Councilman Gray, seconded by Councilman Bost that appropriate Ordinance be drawn up for consideration by the City Council on Application No. 112, Ron Slank, Agent for Ron -Carter Chevrolet, changing the zoning on the property described in this application from PD to Commercial. Motion passed 5 to 0. ADJUSTMENTS IN THE 1981-82 BUDGET: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the 1981-82 Budget be amended as follows: Increase the 1981-82 General Fund Budget to include the following: A. Transfer of $47,500.00 to the Capital Projects Fund for construction of the Park Pavilion. (Funds available from the settlement with Storer Cable TV). B. Increase the following department and accounts: 1. Drainage Storm drainage (Orange Street) $ 50,000.00 2. Street Paving (Brown & Root) $ 61,000.00 3. Emergency Medical Service Capital Outlay - Buildings $ 86,345.00 4. Fire Department Capital Outlay - Buildings $ 15,421.00 (Funds allocated from 1980-81 reserve). Motion passed 5 to 0. ORDINANCE NO. 246-82, AN ORDINANCE AMENDING THE LAND. USE AND URBAN DEVELOPMENT ORDINANCE WAYNE BUSH, AGENT FOR MINNETEX BIBLE CHURCH - APPLICATION NO. 111: Ordinance No. 246-82 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 246-82 be passed and approved on first of two readings. Said Ordinance No. 246-82 reads in caption as follows: ORDINANCE NO. 246-82 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 Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ACCEPTANCE OF PROPOSAL BY BERNARD JOHNSON, INC. TO REPRESENT THE CITY AT A MEETING WITH FEMA REGARDING CLEAR CREEK CHANNEL: City Manager Wicker advised the City Council that Bernard Johnson, Incorporated submitted a proposal to represent the City on the flood maps before the Federal Emergency Manage- ment Agency in Washington. Bernard Johnson, Inc. has also agreed to represent Brookside and Brazoria County Drainage District No. 4 at this same meeting with FEMA. It was moved by Councilman Bost, seconded by Councilman Mack that authorization be given for the appropriate people to follow up on the flood maps, and that funds be authorized for Bernard Johnson, Inc. to represent the City at a meeting with FEMA regarding Clear Creek Channel. Motion passed 5 to 0. UNFINISHED BUSINESS: (Continued) TABLING MOTION AND ORDINANCE NO. 246-81, BAZEL CROWE, AGENT FOR LINN EIGNUS, OWNER: These items to be placed on the next regular agenda. 21 0 OTHER BUSINESS: It was moved by Councilman Bost, seconded by Councilman Gray that the excused absence from the regular meeting of December 13, 1982, by Councilman Frauenberger, be shown as "excused absence". Motion passed 4 to 0. Councilman Frauenberger abstained. MEETING RECESSED AT 9:10 P. M. TO EXECUTIVE SESSION UNDER TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (g) PERSONNEL. RECONVENED AT 9:50 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 9:50 P. M. Minutes approved as submitted and/or corrected this the A9 day of A. D., 1982. Mayor ATTEST: 6±1�y Secretary