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1980-11-06 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 6, 1980, 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 Councilman/Mayor Pro Tem Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack Al Lentz Fran Coppinger Carlton McComb (Entered 8:25 P.M.) Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Evan Middleton, President of the Corrigan Civic Club. The colors were presented and the Pledge of Allegiance was led by members of the Veterans of Foreign Wars Post No. 7109. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on October 27, 1980, be approved as corrected. Motion passed 4 to 0. Councilman McComb not present at this time. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation to Jack Roughgarten, Post Commander of the V. F. W. proclaiming November 11, 1980, as a special day to honor all veterans of past wars and conflicts. Mayor Reid presented a Proclamation to Dr. Parker Williams Gregoire, Vice President of San Jacinto Junior College and Warren Hurst, a -student and resident of Pearland proclaiming the week of November 16th through November 22nd, 1980, as Community College Week in Pearland. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wicker advised that the first Newsletter was sent out by the City in the current water bills, however, the past due stub was not removed or blocked out from the bills and this has created a number of calls to the city hall. He apologized for this error and advised that the next time we send out a newsletter it will not f have past due notices in it. CITIZENS: Arch W. Helton - Mr. Helton advised the City Council that he wanted to drill a well off Highway 518 within the city limits of Pearland. This property is located on a 31.52 acre tract in the W. D. C. Hall Survey, Abstract 70, Brazoria County, Texas. (B. M. Jamison et us fee owner). CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: APPLICATION BY MR. ARCH W. HELTON TO DRILL A GAS WELL WITHIN THE CITY OF PEARLAND: City Manager Ron Wicker advised that as part of the preliminary investigation a requirement is that the drill site be located by the City, and this has been done. It was at least 300 feet from any building or structure as prescribed by the ordinance. Mr. Wicker stated that the location of the selected site is in a flood prone area but this would not prohibit the holder of the lease from building it up to suf- ficient height to take care of this matter. Mr. Richard McElya, Attorney for Bert and Frances Jamison asked permission to speak before the City Council and this request was granted by the Mayor. He advised that there were a number of problems inherent in this particular locale where Mr. Helton wishes to obtain a permit to drill a gas well. He advised that the Jamisons owned the surface estate only. The location of the drilling site and subsequent facilities will dramatically differ in value impact on the surface estate. The Jamisons own 34 acres and this drilling site is not specified as to the area it will encompass. Mr. McElya advised that the City of Pearland's ordinances have several well thought-out protections against undue exposure to the public, such as spacing requirement, noise, etc. He advised that there are a number of things that he felt the City Council should know about this operation before such a permit is granted. He asked for time to ascertain additional information. After a discussion by the City Council with Mr. Helton, Mr. McElya and the City Manager, it was moved by Councilman Gray, seconded by Councilman Mack that the Application by Arch Helton to drill a gas well inside the city limits of Pearland be delayed until such time as it complies with the Pearland Code on Oil and Gas. Items that need to be submitted are as follows: 1. Application that outlines a brief description of the land and a detail plat showing the location of all battery tanks. 2. Location to be staked. Motion passed 4 to 0. Councilman McComb not present at this time. Councilwoman Coppinger advised that she would be interested in knowing the area from which a well could be drilled. CITIZENS: (CONTINUED Billy G. Lain - Mr. Lain requested that his name be placed on the next agenda. DOCKETED PUBLIC HEARING: I. LAND USE CHANGE APPLICATION NO. 89 Helen B. Hink, Agent for Owner, Jack Alexander PU to Multi -family on the following described property: West 1i of Tract 125, situated East of Highway 35 in the A.C.H. & B.R.R. Survey, Section I, Abstract 147, 10 acres more or less, Pearland, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: 1. B. K. Watson, III, Attorney for Helen Hink and Jack Alexander. 2. Helen Hink, 11910 Queensbury, Houston, Texas. 3. Jack Alexander, Pearland, Texas. 4. John Alexander, Pearland, Texas. PERSONS WISHING.'TO SPEAK AGAINST THE PROPOSED CHANGE: 1. Bill Frascino, 3204 Windsor Drive, Pearland, Texas 2, Frank Easley, 3409 Westminister Drive, Pearland, Texas 3. Donald Swor, 3209 Nottingham, Pearland, Texas 4. Evan Middleton; 5306 Groveton Lane, Pearland, Texas 5. Charles Huckabee, 3403 Westminister Drive, Pearland, Texas 6. Joseph A. Barath, 3407 Westminister Drive, Pearland, Texas 7. Faye'McCoy, 3208 Westminister Drive, Pearland, Texas 8. W. W. Conditt, 3404 Windsor, Pearland, Texas 9. W. L. Hallbauer, 3210 Nottingham, Pearland, Texas 10. Tim Wilson, 3413 Nottingham, Pearland, Texas 11. Wayne Yoe, 3208 Churchill, Pearland, Texas 12. Dr. Ben McKinney, 3410 Hampshire, Pearland, Texas 13. Vi Mushrush, 3412 Nottingham Drive, Pearland, Texas 14. Dennis McCann, 3404 Hampshire, Pearland, Texas 15. Everett Alley, 3402 Windsor, Pearland, Texas 16. Hardy Barr, 3410 Taylor Lane, Pearland, Texas 17. Betty Boone, 3209 Windsor, Pearland, Texas 18. Stacey McCoy, 3208 Windsor, Pearland, Texas 19. Liz Alley, 3402 Windsor, Pearland, Texas 20. Lynette Wilson, 3413 Nottingham Drive, Pearland, Texas QUESTION AND ANSWER PERIOD: Questions regarding traffic, drainage, utility services and density were asked by the City Council. Also, the question was asked as to why the zoning request was for multi -family, when in fact the proposed buyer of the property stated that he planned to build town homes. It was pointed out by the applicants that the permit for financing through F.H.A. had to show multi -family, however, it will then be converted to town homes because of the cost involved in building apartments due to the Fire Code of the City of Pearland. City Manager Wicker advised that he discussed the possibility of the applicant apply- ing for a Plan Approval with the applicant about a year ago. It was brought out that a Plan Approval would require compliance with the subdivision regulations of the City. COMPLETE TAPE OF THE HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. HEARING ADJOURNED AT 9:35 P.M. MEETING RECESSED AT 9:35 P.M. MEETING RECONVENED AT 9:45 P.M. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 89, HELEN HINK, AGENT FOR JACK ALEXANDER, OWNER - PU TO MF: It was moved by Councilman McComb, seconded by Councilman Gray that Application No. 89, Helen Hink, Agent for Jack Alexander, owner, for a zone change from PU to MF be denied. Motion passed 5 to 0. UNFINISHED BUSINESS: (CONTINUED) ORDINANCE NO. 246-66, JONES & MIZE, AGENTS FOR HARDY BARR, OWNER - NS TO GB: Ordinance No. 246-66 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 246-66 be passed and approved on second and final reading. Said Ordinance No. 246-66 reads in caption as follows: ORDINANCE NO. 246-66 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 TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack and Councilman Lentz. Voting "No ". None Motion passed 4 to 0. Councilwoman Coppinger absent from the Council Chambers at this time. MEETING RECESSED AT 10:00 P.M. MEETING RECONVENED AT 10:05 P.M. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: (CONTINUED) FINAL APPROVAL AND ACCEPTANCE OF WATER AND SEWER LINES - PEARLAND PLAZA: City Manager Wicker advised that approximately a year ago this subdivision was platted and constructed with proper easement being dedicated at that time for the installation of water and sewer lines, however, it was never formally accepted by the City Council. At this time the owner is asking that the water & sewer lines be accepted. City Manager Wicker read a letter dated November 6, 1980, from City Engineer Malcolm Collins as follows: 6 November 1980 Re: Pearland Plaza Utilities Mr.. Ron Wicker, City Manager City of Pearland P.O. Box 1157 Pearland, Texas 77581 Dear Sir: In accordance with your request we have reviewed the Plans & Specifications for the Utilities serving the Pearland Shopping Center. We find them generally in accordance with the City of Pearland standards. There are a few inconsistencies on the plans. On the sewer lane, the first section crossing the ditch and Barry Rose Road shows to be 70 linear feet in the plan section and 65 linear feet in the profile section. On sheet 2 of the plans, the plan section shows an 8 inch sanitary sewer line at 0.40 percent grade for 400 feet. In the profile section that last part is noted as a proposed 6 inch sanitary sewer at 0.60 percent. The invert shown at the last manhole is correct for the 0.40 percent grade. The 6 inch sanitary sewer cannot be used and adhered to the City of Pearland standards. The standards call for a mini- mum 8 inch sanitary sewer. With these corrections made, we see no inconsistencies with these Plans and Specifi- cations and the City of Pearland Subdivision Ordinance. There is no detail on a man- hole but the specifications appear to make it clear and in line with the Subdivision Ordinance. We trust this is the necessary information, but if you have any questions please advise. Very truly yours, r-- COENCO, Inc. Consulting Engineers Malcolm A. Collins, P.E. City Engineer MAC/bc It was moved by Councilman McComb, seconded by Councilman Gray that Pearland Plaza be approved and accepted by the City of Pearland and that the "as builts" be corrected in line with City Engineer Collins' letter of November 6, 1980. Motion passed 4 to 0. Councilman Lentz abstained. UNFINISHED BUSINESS: ANNEXATION OF PROPERTY WEST OF WOODY ROAD: A letter dated November 4, 1980, from City Attorney Bobby J. Williams was read into the records by Councilman Mack. It was moved by Councilman McComb, seconded by Councilman Lentz that the City of Pearland begin the appropriate annexation procedures for a 500' by 500' section, with this 500 feet contiguous with the Pearland 'city limits, 250 feet North and South of the center line of property described as part of Tract 6, Abstract 237 and owned by Wirelin, Inc. Also, that the City Engineer be authorized to prepare field notes covering this proposed annexation. Motion passed 4 to 1. Councilwoman Coppinger opposed. NEW BUSINESS: (CONTINUED) PEARLAND - FRIENDSWOOD RECIPROCAL AGREEMENT: Mayor Reid advised the City Council that the agreement with Friendswood is several years old and should be reviewed by a committee before it is acted on this year by the City Council. He appointed a committee consisting of Councilwoman Coppinger and Councilman Gray along with City Manager Wicker and Tax Assessor Collector Jim DeShazer to work with the appropriate Friendswood officials to review and update the Pearland - Friendswood Agreement and bring back a recommendation to the City Council. Councilwoman Coppinger to Chair this committee. ENGINEERING ESTIMATE NO. 2, UTILITEC, INC.: It was moved by Councilman McComb, seconded by Councilman Lentz that Engineering Estimate No. 2, Utilitec, Inc. for Sanitary Sewer Lines, Halik Road'/ Alice Street in the amount of $23,746.75 be approved for payment from the appropriate bond funds. Motion passed 5 to 0. 12-0 RESOLUTIONS ON TITLE I AND TITLE III OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978, PURSUANT TO PUBLIC HEARING HELD ON NOVEMBER 3, 1980: Resolution No. R80-27 read in full by Mayor Reid. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Resolution No. R80-27 be passed and approved on first and only reading. Said Resolution R80-27 reads in caption as follows: RESOLUTION R80-27 A RESOLUTION ADOPTING RATEMAKING AND OTHER STANDARDS REQUIRED TO BE CONSIDERED BY THE PUBLIC UTILITY REGULATING POLICIES ACT OF 1978 APPLICABLE TO ELECTRICAL SERVICE PRO- VIDED BY HOUSTON LIGHTING & POWER COMPANY AND COMMUNITY PUBLIC SERVICE COMPANY. Voting "Aye": Councilman Mack and Councilwoman Coppinger Voting "No Councilman Gray and Councilman Lentz Abstaining Councilman McComb Voting "Aye" to break tie vote: Mayor Reid Motion passed 3 to 2. Resolution No. R80-28 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Resolution R80-28 be passed and approved on first and only reading. Said Resolution R80-28 reads in caption as follows: RESOLUTION R80-28 A RESOLUTION ADOPTING SERVICE STANDARDS FOR TERMINATION OF SERVICE AND ADVERTISING EXPENSES APPLICABLE TO NATURAL GAS SERVICE PROVIDED BY ENTEX, INC. WITHIN THE CITY OF PEARLAND, TEXAS TO COMPLY WITH THE REQUIREMENTS OF TITLE III OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978. Voting "Aye": Councilman Mack and Councilwoman Coppinger Voting "No Councilman Gray and Councilman Lentz Abstaining Councilman McComb Voting "Aye" to break tie vote: Mayor Reid Motion passed 3 to 2. UNFINISHED BUSINESS: (CONTINUED) OLD ALVIN ROAD / JOHN LIZER ROAD INTERSECTION: It was moved by Councilman Gray, seconded by Councilman McComb that the City Manager be authorized to purchase the right of way of .9691 acres at $12,000 per acre plus --- $1,200.00 in damages from Helen Alexander Morrison. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 10:45 P.M. Minutes approved as submitted and/or corrected this the day of , A. D., 1980. Mayor ATTEST: _ J y City Secretary (Assistant) ?_ ,17