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1983-03-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 14, 1983, 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 Tom Reid Councilman/Mayor Pro Tem Terry Gray (entered at 8:01 P.M.) Councilman Dennis Frauenberger (entered at 7:31 P.M.) Councilman Al Lentz Councilman Charles R. Mack Councilman James E. Bost City Manager Ronald J. Wicker City Secretary Dorothy L. Cook Absent from the Meeting: City Attorney Bobby Williams INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Bost. The Pledge of Allegiance was led by members of Campfire, Inc. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of a regular meeting held on February 28, 1983, be approved as submitted. Motion passed 4 to 0. Councilman Gray not present at this time. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation to representatives of Campfire, Inc., proclaiming March 17, 1983 as "Campfire, Inc. Day in Pearland". , COUNCIL ACTIVITY REPORT: Councilman Mack reported on a Committee Meeting held on March 7, 1983, to discuss the consent resolution with the developers of MUD 6. He reported that the Committee basically agreed with MUD 6 representatives on everything except the allocation. The Committee reviewed previous consent resolutions approved by the City, and a discussion was held with MUD 6 representatives regarding allocation. Councilman Mack reported that the Com- mittee wanted to discuss the matter of allocation with the City Attorney when he returns. Action item on MUD 6 to appear on the next agenda. Councilman Mack reported that the Committee also discussed the approval of private streets as it relates to development in the City. They reviewed a preliminary copy of a private street ordinance and the Committee has been talking about this as it relates to multi- family development. The Committee is of the opinion that a 28 -foot street, instead of a 20 -foot street, should be considered. As soon as the Committee has finished its work on this ordinance, it will be submitted to the City Council for consideration. MAYOR'S ACTIVITY REPORT: (Continued) Mayor Reid stated that about a month ago he requested the H -GAC Transportation Manager to review all the possible sources of Grants for improvements on streets carrying traffic through two Counties. The particular street Mayor Reid had in mind was Dixie Farm Road which would serve as an evacuation route in the event of a disaster. Mayor Reid requested Gary Jackson to report on a meeting with the H -GAC regarding this matter. Gary Jackson, Assistant to the City Manager, reported that the meeting was held and there does not seem to be anything in the near future. We hope to get our request for funding moved up on the priority list. Mayor Reid advised that he has discussed with Mayor Gray of Alvin and Mayor Lowe of Friendswood the need for an additional North-South traffic artery, and that the City will be hosting a meeting on March 30, 1983, in regards to the Dixie Farm Road thoroughfare. The individuals who will be invited are Mr. Omer Poorman _ of the State Highway Department; Tom Bass, Commissioner in Harris County; Billy Joe Plaster, Commissioner in Brazoria County; Mayor Lowe of Friendswood; Mayor Gray of Alvin; and the Mayor of Pearland. Mayor Reid will report back on this meeting. DEPARTMENTAL REPORTS: City Manager Wicker reported that the elevated water storage tank on Alice Street was in the process of having the upper part of the tank installed and that the two other elevated water storage tank projects were in the process of pouring the foundations for the legs. The Library and Community Center Contract with Stone Construction Company has been signed and work should start shortly. William Wolff, Wastewater Plant Superintendent, advised that the sewer plants were now operating, after renovation, in an efficient manner and the water going into Clear Creek is decidedly better. CITIZENS: Bazel E. Crowe, representing Nasawood Developers, appeared before the City Council with a request that a variance be granted to the requirement of a 100 -foot building setback line from a pipeline. Mr. Crowe read the following letter addressed to the City Council: March 14, 1983 City Council of Pearland P. 0. Box 1157 Pearland, Texas 77581 Re: Nasawood Subdivision Honorable Sirs: As discussed with City of Pearland officials, Crystal Homes, Inc. desires to plat a sub- division to be known as Nasawood, located on that property formerly owned by the Eignus family. For this project to be economically feasible, it will be necessary to request a variance concerning a provision in your regulations that you may require that any given home in a subdivision be located one hundred feet (1001) from a given pipeline easement. This requirement is particularly stringent when a parcel of land is being divided into forty foot (40') lots. While we understand the reasons this particular restriction was originally instituted, we feel that, due to safety measures now being enforced by the D.O.E. and other governmental agencies, it may not be as necessary as previously thought by your honorable body. From discussions with Exxon officials, we have determined that the particular pipeline which crosses Nasawood carries petroleum products at 125 lbs psi or less, and this pipe is buried at least four foot underground. We have even explored the possibility of lower- ing this line due to drainage constrictions; and it is quite possible that excess fill placed over this line will place the actual depth of the pipeline at more than four feet. We respectfully request that you grant us relief from the one hundred foot restriction due to the aforementioned reasons. Very truly yours, BAZEL E. CROWE & ASSOCIATES, INC. /s/ Bazel E. Crowe Bazel E. Crowe, P.E. Engineers for Crystal Homes, Inc. BEC: cc cc: Crystal Homes, Inc. City Manager Wicker advised that the Subdivision regulations required that the building setback line be 100 feet from pipeline easements. The City Council has allowed a variance in the past; however, he stated that to his knowledge nothing less than 65 feet from the building to the pipeline easement. Mayor Reid recessed the meeting at 8:03 P. M. to permit the City Council to review the plat with Mr. Crowe. The meeting reconvened at 8:10 P. M. It was moved by Councilman Frauenberger, seconded by Councilman Bost that Bazel Crowe, representing Crystal Homes, Inc., be allowed a variance in the Subdivision Ordinance waiving the requirement that the_buildirig lines be 100 feet -from existing pipeline right- of-way easements, and that this variance, so granted, permit the building lines for the subdivision to be set 65 feet from the edge of the pipeline easement on each side. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: I. LAND USE CHANGE — APPLICATION NO. 116, A. 0. JOHNSTON, OWNER FROM CLASSIFICATION PRE -DEVELOPMENT TO COMMERCIAL DISTRICT - LOT 10 OF JOHNSTON SUBDIVISION, ABSTRACT 240, PEARLAND, BRAZORIA COUNTY, TEXAS. A. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: A. 0. Johnston, Owner, advised the City Council that he wished to expand.his present building which houses a re- tail lawnmower and garden tool equipment store. B. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None Mayor Reid read a letter from the P & Z Commission dated February 16, 1983 as follows: February 16, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on February 15, 1983, the Planning and Zoning Com- mission held a Public Hearing on Application No. 116, A. 0. Johnston, 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 Helen Beckman, seconded by Leroy Savoie, that the Planning and Zoning Commission recommend to the City Council that Appli- cation No. 116, A. 0. Johnston, Owner for a zone change to Commercial be approved. Motion passed 5-0. Z 43 The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Bill Frascino Bill Frascino, Vice -Chairman Planning and Zoning Commission BF:kk C. QUESTION AND ANSWER PERIOD: D. ADJOURN CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 116, A. O. JOHNSTON, OWNER: It was moved by Councilman Lentz, seconded by Councilman Mack that the City Attorney be instructed to prepare the necessary ordinance amending the Land Use Ordinance on Applica- tion No. 116, A. 0. Johnston, Owner, from PD to Commercial. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: (Continued) II. LAND USE CHANGE APPLICATION NO. 117, B. & N. INVESTMENTS, AGENTS FOR VENTURA CONSTRUCTION COMPANY, OWNER, FROM CLASSIFICATION PRE -DEVELOPMENT TO COMMERCIAL ON LOTS 1 & 2, JOHNSTON SUBDIVISION, ABSTRACT 240, PEARLAND, BRAZORIA COUNTY, TEXAS. A. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None B. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None Mayor Reid read a letter from the P & Z Commission dated February 16, 1983 as follows: February 16, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on February 15, 1983, the Planning and Zoning Com- mission held a Public Hearing on Application No. 117, B & N Investments, Agent for Ventura Construction Company, Inc., Owner, for an amendment to the Land Use and Urban Development Ordinance from classification 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 -Commis- sion recommend to the City Council that Application No. 117,-B-& N Investments, Agents, for a zone change to Commercial be approved. Motion -passed 5-0. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Bill Frascino Bill Frascino, Vice -Chairman Planning and Zoning Commission BF:kk C. QUESTION AND ANSWER PERIOD: Councilman Lentz asked if the agent and owner of the property requesting the zone change had been notified. He was advised that they received a certified letter advising of the date of the Hearing. D. ADJOURN: NEW BUSINESS: (Continued) COUNCIL DECISION ON'APPLICATION NO. 117, B.&N. INVESTMENTS, AGENTS FOR VENTURA CONST. CO.: It was moved by Councilman Gray, seconded by Councilman Bost that the City Attorney be instructed to prepare the necessary ordinance amending the Land Use Ordinance for Appli- cation No. 117, B. & N. Investment Company from PD to Commercial. Motion passed 4 to 0. Councilman Lentz abstained. UNFINISHED BUSINESS: ORDINANCE NO. 246-84, AN ORDINANCE AMENDING THE LAND,USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 114B, KELLY R. KALUZA AND ASSOCIATES, INC., AGENT FOR JOHN W. ABBOTT, TRUSTEE: Ordinance No. 246-84 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-84 be passed and approved on second and final reading. Said Ordinance No. 246-84 reads in caption as follows: ORDINANCE NO. 246-84 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 Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger, and Councilman Bost. Voting "No": None Motion passed 5 to 0. NEW BUSINESS:(Continued) SURVEY AND REPORT ON CLEAR CREEK AND ANY ACTION ARISING OUT OF SAME: Councilman Lentz reported that, as a result of the meeting between the City of Brookside, Brazoria County DD No. 4, Harris County Flood Control District, and the City of Pearland, a Committee was formed consisting of Lloyd Yost and D. A. Shannon of the Drainage District, Mayor Rudder of Brookside, and himself. This Committee was to meet with the Harris County Flood Control District concerning information needed by them for studies on the Clear Creek Water Shed. FEMA has decided to look at Clear Creek; however, they are doing the hydrological studies and the Harris County Flood Control District is doing the hydrolics studies. The Flood Control District has indicated to us that they have not planned to do much survey work on Clear Creek. We advised them that some changes have been made to the channel by the Drainage District and they agreed ,if we would supply the necessary information,to include this in their hydrolics study. The study made by the Corps for FEMA is three months away. The Committee met again and decided that 21 cross-sections were needed to certain intervals, and we so specified where the sections were to be taken. It was jointly agreed that since one local firm, Coenco, Inc., is working as the Engineer for the Drainage District and have prior knowledge, this firm should submit a proposal for the work. The proposal by Coenco, Inc. has been included in the Council packets. The total cost of this proposal is $5,000 and the Drainage District has already approved its share of the cost. The City's cost will be $1,667.00, and on Thursday evening Mayor Rudder is going to recommend that Brookside approve its one-third of the cost of this study. This information will be given to Harris County Flood Control, and they in turn will run the necessary studies and forward the information to FEMA. It was moved by Councilman Lentz, seconded by Councilman Mack that the City of Pearland approve the expenditure of the necessary funds for the survey on Clear Creek Study out of the Council Contingency Fund. The necessary agreement to be drawn up by the Staff of the City of Pearland. Motion passed 5 to 0. BID NO. B83-4, GRAVITY SANITARY SEWER LINE IN EASEMENT AT BARNETT PROPERTY REPLACING FORCE MAIN AND LIFT STATION: The following bids reviewed by the City Council: BIDDERS BASE BID WORKING DAYS BID Cat Contracting $ 69,865.00 120 Ben Felts Utility Contractor 82,128.20 30 Mercer Construction Co. 69,760.20 35 Murski Corporation 133,566.00 120 It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B83-4 be awarded to Mercer Construction Company in the amount of $69,760.20 as the lowest and best bid, and that the Mayor be authorized to sign the Contract. Motion passed 5 to 0. APPROVAL OF INVOICES FOR HESS COAT, INC.: It was moved by Councilman Gray, seconded by Councilman Mack that $20,456.44 be approved for payment to Hess Coat, Inc., for Cleaning, Priming & Finishing Metal Surfaces, Sewer Plants No. 2 and No. 3. This amount is 10% less than the total contract. Motion passed 5 to 0. COLOR SCHEME FOR ELEVATED WATER STORAGE TANKS: Mayor Reid advised the Council that he had received some comments from citizens wishing to have input on the color scheme to be used on the new elevated water storage tanks. A discussion by the City Council with the City Manager, City Engineer, and other members of the Staff indicated that the standard color of silver would withstand the climate in this area much better than any other color, and that this item was included in the bid submitted by the Contractor. It was moved by Councilman Bost, seconded by Councilman Gray that the Staff be directed to paint the elevated water storage tanks silver as they have in the past. Motion passed 5 to 0. RESOLUTION OF SUPPORT FOR THE BRAZORIA COUNTY_ORGANIZED CRIME UNIT: Resolution No. R83-7 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Gray that Resolution No. R83-7 be passed and approved on first and only reading. Said Resolution No. R83-7 reads in caption as follows: RESOLUTION NO. R83-7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CONTINUANCE OF THE BRAZORIA COUNTY ORGANIZED CRIME UNIT (BCOCU). Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. OTHER BUSINESS: None ADJOURN: Meeting adjourned at 8:55 P. M. Minutes approved as submitted and/or corrected this the_day of A. D., 1983. Mayor ATTEST: ��It2yySecretary