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1983-07-11 CITY COUNCIL REGULAR MEETING MINUTES'MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 11, 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 Councilman/Mayor Pro Tem Councilman Councilman Councilman City Manager City Attorney City Secretary Tom Reid Charles R. Mack Dennis Frauenberger Terry Gray Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook Absent from the Meeting: Councilman James E. Bost INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Tom Reid. Pro Tem Charles Mack. APPROVAL OF MINUTES: The Pledge of Allegiance was led by Mayor It was moved by Councilman Lentz, seconded by Councilman Mack that the minutes of the regular meeting held on June 27, 1983, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid called a Workshop for the Planning & Development Committee on July 18, 1983, to review the Petition submitted by Municipal Utility District No. 7. Mayor Reid called attention to a meeting of the Harris County Mayor's and Councilmen's Association on July 21, 1983 at Sonny Looks. This will be the meeting at which the election of a one -member representative to the 9-1-1 Board will be held. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager called on the following for Status Reports: 1. R. Wayne Smith Consulting Engineers, Inc. - Drainage Improvements Mr. Smith appeared before the City Council and advised that the Drainage Report was now in final form and should be printed this week and delivered to the City Council next week. He stated that a Workshop with the City Council would be in order after they have had a chance to review this Report. 2. Langford Engineers, Inc. - Sanitary Sewer Rehabilitation Mr. Langford appeared before the City Council and advised that the tele- vising of the lines was stopped in May after the results were not showing I anything unusual. One of the reasons the program was curtailed was the lines had so many sags. We now conducting a visual on the ground in- spection and to`date.we have found -a number of problems. We plan to continue this type inspection for a few more days and we will then come back to the City Council with recommendations. CITIZENS: Duncan McArthur, representing the Pearland Area Chamber of Commerce Commercial and Industrial Committee- Mr. McArthur introduced other members of this Committee present at the meeting. Mr. McArthur explained that one of the purposes of this Com- mittee was to coordinate potential clients for the use of industrial bonds through the Pearland Industrial Corporation. He stated that they have extended the scope of the Committee to look at alternate methods of financing in relationship to other areas of the City that can be developed with either commercial or industrial type projects. The long term objective for this year is to prepare the necessary information regarding what land is available and specific information about the land. He also stated that the Committee found it necessary to ask the City, and the Council in particular, the desires for use of the land throughout the City. He requested that a liaison be appointed to work with the Chamber to coordinate the efforts of the Committee. Mayor Reid appointed Councilman Frauenberger and Councilman Mack as members of a Liai- son Committee and in the event there is need for a broader participation on a project, the members of the Liaison Committee can advise him and a Workshop with all members of the Council could be held. Mayor Reid will act as alternate for the two appointments. Ed Lewis of Country Club Village filed a request to appear before the City Council; however, he was not present at the Meeting. DOCKETED PUBLIC HEARINGS: 1. REQUEST FOR LAND USE CHANGE - APPLICATION NO. 121, BAZEL E. CROWE, AGENT FOR W.E.L. HARTMAN, OWNER FROM CLASSIFICATION MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT (R.--2) TO PLAN APPROVAL (PA) ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: 78.841 Acres of Land, more or less, same being the North Half (N1/2) of the Southeast 1/4, Section 14, of the H.T.&B.R.R. Survey, Abstract 509 in Brazoria County, Texas. (Location McLean Road). NUMBER SIGNING REGISTER FOR HEARING: Two (2) PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: Mr. Bazel E. Crowe, Agent forthe_Owner of the property, and also representing Crystal 'H-omes_, Inc. Mr. Crowe advised that his clients proposed to develop subdivision lots 60x105 feet on approximately 70 acres, meeting the minimum requirements of the City as far as drainage, water, sewer and streets are concerned. Mr. Crowe passed out bro- chures, and stated that this was the type of houses that would be built in this develop- ment. The entrance road would be an extension of the City's system and would be a major road 70 feet in width with a 41 foot paved area. There will be three recreation areas; one is shown as Reserve A, and one as Reserve B. He advisedthat they planned to use the large area to the South of the property, which is approximately 80 foot wide, as a retention pond and recreation area. He stated that he has discussed the utilities with the City Manager and City Engineer, and they feel that the only thing necessary is some technical response in getting in the water and sewer system. He also stated that 'there would be strong deed restrictions for the proposed subdivision. This development would be a controlled development, which is located in an area that is presently made up of various size lots, houses., barns, etc. I Morris Hardcastle, 2403 Kay Avenue, Pearland, Texas - Mr. Hardcastle stated that he felt this development would be good for the area. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED LAND USE CHANGE: None REPORT FROM PLANNING AND ZONING COMMISSION: Mayor Reid read the following report into the records: June 23, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on June 21, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 121,Bazel Crowe, Agent for W.E.L Hartman, Owner, for an amendment to the Land Use and Urban Development Ordinance from classi- fication Medium Density Single Family Dwelling District (R-2) to Plan ,Approval (PA). After discussion by the Commission a motion was made by Helen Beckman, seconded by Leroy Savoie to recommend that the City Council deny Application No. 121 for a zone change from R-2 to PA because of the increase in population density from the current zone. The motion passed 4-2 with Frank Ravet and Hardie Barr voting against the motion because they felt that a restricted subdivision would be an improvement in the existing area. The Planning and Zoning Commission now presents this recommendation to the City Council for their consideration. Very truly yours, /s/ Richard F. Tetens Richard F. .Tetens Chairman, Planning & Zoning Commission RFT :kk QUESTION AND ANSWER PERIOD: 12 In answer to a question regarding the drainage ditch on the South side of the property,. Mr. Crowe advised that in order to meet the Drainage District's requirements this ditch would have to be expanded by another 25 feet, and this would come off the back of the lots adjacent to this ditch. Mr. Crowe advised that the density of this proposed subdivision is 4.46 lots per acre. Mr. Crowe was advised that the changes in lot sizes adjacent to the drainage ditch would need to be shown prior to final reading of the Land Use Change Ordinance. Mr. Crowe stated that he understood he would have to go through the regular platting process on this subdivision. In answer to a question regarding the condition of McLean Road, Mr. Crowe advised that his clients were willing to commit to improvements on McLean from Walnut to this pro- posed subdivision by reworking the base, stabilizing and topping with 1-1/2 inches of blacktop. City Manager Wicker advised that some five years ago the owner, Mr. Hartman, rezoned this property R-2 and there was a commitment made at that time, based on previous City policy for water and sewer lines, that the owner would provide the materials and the City would furnish the labor. The water has been extended to the South City Limits. Relative to the sewer, at the time of R-2 zoning, we had a commitment to install at least footage from McLean Road to Pearland Sites Road. Now an alternate route might have to be used since at the time there was an agreement that the line would run across a certain tract; however, there is a possibility that it might have to run down to Magnolia and across. It was brought out that since a policy change regarding extension of water and sewer - lines has been made since the R-2 zoning, and the present request is a change from R-2 to P/A that the City is not committed to any prior agreements. Mr. Crowe indicated that he understood this decision regarding the sewer line. CONTINUED FROM VOLUME TWELVE ADJOURN HEARING AT 8:25 P. M. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 121, BAZEL E. CROWE, AGENT FOR W.E.L. HARTMAN, OWNER, CLASSIFICATION R-2 TO'P/A It was moved by Councilman Mack, seconded by Councilman Frauenberger that the City Attorney be authorized to draw up the necessary Ordinance for Application No. 121, Classification R-2 to P/A, and that a letter be directed to the Planning & Zoning Com- mission in regard to the improvement on McLean Road that the Developer of this Sub- division agreed to improve, at their expense, McLean Road from their development to Walnut. This will have to be submitted as a requirement of the Plat. Motion passed 4 to 0. Mr. Crowe to furnish new plat showing correct lot sizes adjacent to drainage ditch. MEETING RECESSED AT 8:35 P. M. - RECONVENED AT 8:45 P. M. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: RATIFICATION OF CITY MANAGER'S APPOINTMENT FOR MEMBER OF CIVIL SERVICE COMMISSION: City Manager Wicker advised that he has selected Mr. James Gilbert, a resident of Pearland, who lives in Corrigan Subdivision, to serve as a member of the Civil Service r- Commission for a three-year term. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Manager's appointment of James Gilbert, to serve as a member of the Civil Service Commission for a three-year term, be ratified. Motion passed 4 to 0. BUDGET REQUEST FROM MENTAL HEALTH/MENTAL RETARDATION GROUP: It was moved by Councilman Gray, seconded by Councilman Frauenberger that we allocate $5,000 out of this year's Budget to be released to the Mental Health/Mental Retardation Group. Motion passed 4 to 0. ORDINANCE NO. 458, AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND TO ALLOW OPEN DITCH SUBDIVISIONS UNDER CERTAIN SPECIFIC CONDITIONS: Ordinance No. 458 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 458 be passed and approved on second and final reading. Said Ordinance No. 458 reads in caption as follows: ORDINANCE NO. 458 AN ORDINANCE AMENDING CHAPTER 27, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT_ K Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, and Councilman Gray. Voting "No": None Motion passed 4 to 0. NEW BUSINESS: (Continued) APPROVAL OF SPECIFICATIONS FOR STREETS AND DRAINAGE (EXHIBIT A AND EXHIBIT B), AS AMENDED, IN SUBDIVISIONS: City Manager Wicker advised that the Exhibits have been amended to include open ditch type subdivisions, subdivisions of at least 5/8 of an acre or more with minimum of 125 feet of lot frontage, and that they meet certain paving standards. This will assure the City, if open ditch subdivisons are developed, that we will get good streets. Councilman Lentz requested that Page (3) of Exhibit B, 1.2.2 (b) Type of Facility be amended to include "Detention Ponds" and that Design Frequency (years) be shown as "100 Years". It was moved by Councilman Lentz, seconded by Councilman Mack that Amended Exhibit "A" and Amended Exhibit "B", with the addition of "Detention Ponds" and "100 Years" be shown on page (3) of Exhibit "B", be approved and adopted by the City Council. Motion passed 4 to 0. The Standard Specifications for Street, Bridge, Sewer and Water Line Construction, as submitted by the Engineering Department, to be on the next regular agenda. UNFINISHED BUSINESS: (Continued) APPROVAL OF STREETS TO BE INCLUDED IN THE 1983 MAINTENANCE PROGRAM: City Manager Wicker stated that, at a previous meeting, the Staff was directed to look into the possibility of extending the Street Maintenance Contract by 25%, which would amount to some $30,308.17. He stated that a list of streets has been furnished to the Council. It was moved by Councilman Gray, seconded by Councilman Mack that the City Manager and Staff be authorized funds, in the amount of $30,308.17, for the additional streets, as outlined in the memo dated July 8, 1983 from the Director of Public Service to the City Manager. Change Order to be prepared on present contract. Motion passed 4 to 0. City Manager Wicker stated that what he planned to do was take all of the streets on the list and do what we can for the $30,308.17. NEW BUSINESS: (Continued) DRAINAGE EASEMENT-ALEXANDER/CROUCH PROPERTY: City Manager Wicker advised that sometime ago there were two large tracts that were rezoned for the Alexander Estates. One of these tracts was for Martha Alexander Crouch' i and at that time we were under the impression that Whitehead Road was an existing right-of-way. It was decided that Westminister Drive should be extended and that additional right-of-way should be given on Whitehead Road. The property for West - minister extension has been dedicated and an additional 30 feet of right-of-way has been dedicated on Whitehead Road. It now appears that there was no old 40 -foot dedication for Whitehead; therefore, actually all we have is a 30 -foot roadway easement. Recently a preliminary plat of the property was submitted to the Planning & Zoning Commission and a discussion was held regarding the real need for Whitehead Road. It would not provide the tie-ins that the Planning & Zoning Commission and the Staff would like. The Drainage District has reviewed the plans and has agreed to cut a major drainage ditch down this 30 -foot easement plus they want an additional 50 feet for this major ditch. City Manager Wicker proposed that the City give the Drainage District the 30 feet for a drainage easement. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the 30 -foot roadway easement for Whitehead Road be converted to a Drainage Easement and the necessary papers be drawn up and the Mayor be authorized to sign for the City. Motion passed 3 to 1. Councilman Gray opposed. AUTHORIZATION FOR AMENDMENT TO SUBDIVISION ORDINANCE TO ADD PROVISION UNDER SUBMITTAL OF FINAL PLAT TO REQUIRE SIGNATURES OF DRAINAGE DISTRICT COMMISSIONERS: This item along with other proposed amendments to the Subdivision Ordinance to be on the next regular agenda. AUTHORIZATION FOR AMENDMENT TO FIRE LANE ORDINANCE: A discussion was held regarding the Fire Lane Ordinance and its enforcement regarding sidewalk sales and passageways from buildings in case of fire. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Manager be directed to have unobstructed areas designated adjacent to Fire Lanes and that additional access Jae provided contiguous to marked Fire Lanes to assure access to entrances or exits of buildings. In all cases entrances and -ex i t s will be un- obstructed with a minimum of three feet clear space on either side of the openings. - All walkways shall maintain a minimum 3'6" walk or passageway to insure pedestrian and handicap access. Motion passed 4 to 0. ANNEXATION OF LAND SOUTH OF THE PRESENT CITY LIMITS: The City Council reviewed the proposed drawing of the area South of the City Limits that was presented by the City Manager. It was moved by Councilman Lentz, seconded by Councilman Mack that the City Manager proceed forward with capital expenditure cost estimates for annexation of property South and West of the present City Limits. Motion passed 4 to 0. City Manager Wicker stated that he would try to obtain this information as soon as possible, hopefully, by the next Council meeting. REVIEW OF REVISED PRELIMINARY MAPS (FLOOD) SUBMITTED BY FEMA AND CALL OF PUBLIC HEARING: It was moved by Councilman Gray, seconded by Councilman Mack that a Public Hearing be called on the Revised Preliminary Flood Maps for 7:30 P. M., August 1, 1983, in the Nelson High School Auditorium. Motion passed 4 to 0. APPROVAL OF INSTALLATION OF TRAFFIC CONTROL DEVICE --STOP SIGN ON ALEXANDER LANE AT HIGHWAY 518 (EAST BROADWAY): It was moved by Councilman Lentz, seconded by Councilman Mack that the following traffic device be ratified and approved: WA Stop Sign for Traffic heading in a Southwesterly direction on Alexander Lane at FM 518. Motion passed 4 to 0. APPROVAL OF TEMPORARY BUILDING ON PARKING LOT OF COUNTRY CLUB VILLAGE SHOPPING CENTER: It was moved by Councilman Gray, seconded by Councilman Lentz that the City deny this issuance of a temporary building permit on Country Club Village Shopping Center or any other shopping center except as duly noted in the previous policy statement. Motion passed 4 to 0. REQUEST BY TED BOGRAN, TRUSTEE OF WILLOWICK SUBDIVISION, FOR PAVING MCLEAN ROAD FROM W .: BROADWAY TO APPLE SPRINGS: City Manager Wicker advised that Mr. Bogran had contacted him last week and advised that they would like to pay for two inches of hot mix asphalt over the top of McLean Road up to Apple Springs if the City would help him get this accomplished. We figure the cost to be approximately $25,000; this being one-half for asphalt and one-half of it being stabilization of the existing pavement. We would be looking at a 50/50 match. City Manager Wicker stated that he would like to go and present to Ted Bogran the proposition that Mr. Crowe presented tonight and see if we can reach a mutual agreement where they can both contribute to the improvement of McLean Road. Mayor Reid asked that this be placed on the next regular agenda. RESOLUTION NO. R83-16, A RESOLUTION REQUESTING COMMISSIONERS COURT TO SET UP ABSENTEE VOTING FACILITY IN SUB -TAX OFFICE FOR GENERAL ELECTIONS: Resolution No. R83-16 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Gray that Resolution No. R83-16 be passed and approved on first and only reading. Said Resolution No. R83-16 reads in caption as follows: RESOLUTION NO. R83-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THE COMMISSIONER'S COURT OF BRAZORIA COUNTY TO SET UP AN ABSENTEE VOTING FACILITY IN SUB -TAX OFFICE IN NORTHERN BRAZORIA COUNTY. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 4 to 0. Mr. Guy Roberts of the Chamber of Commerce advised that this Resolution would be delivered to the Commissioner's Court on Monday, July 18, 1983. _AUTHORIZATION FOR PARTICIPATION WITH TEXAS MUNICIPAL LEAGUE IN SOUTHWESTERN BELL RATE CASE FILE 6/24/83 - PUC 5220: City Manager Wicker advised the City Council that the per capita cost to the City would--" be four cents for a total of less than $600.00, and he recommended that the City participate with the League in its joint study of Southwestern Bell Telephone's rate increase request. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the City participate in a joint study of Southwestern Bell's rate increase request now pending before the PUC under Docket No. 5220. Motion passed 3 to 0. Councilman Gray abstained. OTHER BUSINESS: EXECUTIVE SESSION AT 10:30 P. M. UNDER ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (f), PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY AND (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:54 P. M. No action as a result of Executive Session. ADJOURN: Meeting adjourned at 10:55 P. M. Minutes approved as submitted and/or corrected this the 95 day of , A. D., 1983. a Mayor ATTEST: City Secretary