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1981-05-26 CITY COUNCIL REGULAR MEETING MINUTES?17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 26, 1981, AT 7:30 P. M. IN THE CITY HALL, 2335N. 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: Tom Reid Al Lentz Harry Farley Charles R. Mack Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Farley. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman McComb that the minutes of the special meeting held on May 3, 1981 be approved as submitted. Motion passed 4 to 0. Councilman Farley abstained. It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the regular meeting held on May 11, 1981, be approved as submitted. Motion passed 4 to 0. Councilman Farley abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a proclamation to Barry Smink, Director of Parks & Recreation proclaiming June as "Recreation & Parks Month in Pearland". Mr. Smink presented the City Council with T -Shirts promoting Recreation and Parks Month in Pearland. Certificates of Appreciation, along with plaques, were issued to Mike Coppinger and Joe Weber, former members of the Planning & Zoning Commission. Mayor Reid reported that he would not be present at the next Council meeting and that Mayor Pro Tem Al Lentz will be presiding. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RESIGNATIONS: Councilman Gray read a letter dated May 7, 1981 from Mike Coppinger resigning from the Planning & Zoning Commission effective June 1, 1981. He also read a letter from Leroy J. Savoie dated May 25, 1981 resigning from the Parks, Recreation and Beautification Board effective May 25, 1981. It was moved by Councilman Gray, seconded by Councilman Farley that the Council accept the resignation of Mike Coppinger from the Planning & Zoning Commission, and the resignation of Leroy J. Savoie from the Parks, Recreation and Beautification Board. Motion passed 5 to 0. APPOINTMENTS: It was moved by Councilman Lentz, seconded by Councilman Farley that George M. Treibel, Jr. and Claude D. Stegall be appointed to the Parks, Recreation and Beau- tification Board. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Mack that Leroy J. Savoie be appointed as a member of the Planning & Zoning Commission for an unexpired term. This term is to expire in 1983. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to the newly appointed members. CHANGE IN ORDER OF BUSINESS: COUNCIL ACTIVITY REPORTS: Councilman Farley reported that on a recent trip he had an opportunity to spend several days in Washington, D. C. and that he called on Senator Bentsen, not as a Councilman but as a citizen. DEPARTMENTAL REPORTS: City Manager Wicker reported that the water well contractor has moved into town and is in the process of drilling the new well. CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 92 - CLASSIFICATION PLANNED UNIT AND PRE - DEVELOPMENT DISTRICTS TO GENERAL BUSINESS - LOU CORTE, AGENT A tract of land containing 19.68 acres, out of Lot 63 of the G. W. Jenkins Subdivision of the W. D. C. Hall Survey, Abstract 23 in Harris County and the G. W. Jenkins Subdivision of the W. D. C. Hall League, Abstract 70, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Lou Corte, Agent, requested that the Council approve this requested zone change since this land is in the flood plain, has pipelines going through it, and is heavily wooded; and he felt the best use would be General Business rather than residential. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: None Mayor Reid read a letter dated April 10, 1981, wherein the Planning & Zoning Commission recommended that the City Council approve Application No. 92. ADJOURN HEARING 2. APPLICATION NO. 92A - CLASSIFICATION PRE -DEVELOPMENT DISTRICT TO COMMERCIAL - LOU CORTE, AGENT Lot 61, of the G. W. Jenkins Subdivision of the W. D. C. Hall Survey Abstract 23, Harris County, Texas, and containing 10 acres of land, more or less. 2,19 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Louis Corte, Agent, requested that the City Council approve the requested change so that the property could be developed commercially. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None _ QUESTION AND ANSWER PERIOD: f� NONE Mayor Reid read into the records a letter from the Planning.& Zoning Commission wherein they recommended that the City Council approve Application No. 92A. ADJOURN HEARING 3. APPLICATION NO. 94 - CLASSIFICATION PLANNED UNIT TO COMMERCIAL - LLOYD YOST AND LLOYD R. FERGUSON, OWNERS. A tract of land containing 5 acres, more or less, out of Block or Tract 78 of the H. T. & B RR Company Survey 2, Abstract 542, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Lloyd Yost, Owner - Mr. Yost stated that the Zoning Map indicates why commercial classification would be the best Use for this property. It is bounded on the North, West, and South by Commercial classification and on the East by Planned Unit. The drainage of this property would be by Hickory Slough that runs adjacent to the property. Lloyd Ferguson, Owner - Mr. Ferguson stated that the use for commercial purposes would not create as many drainage problems as it would if some 20 homes were built on this five acres. Mr. Ferguson stated that he felt that the commercial use, as planned by them, would not have the traffic problems or the demand on the utilities that a resi- dential development would have. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Pat Helfrick - 1101 Bobby, President of the Clear Creek/Twin Creek Civic Club Mrs. Helfrick read a letter dated May 15, 1981 into the records opposing this zoning request. Patricia Clark, 3107 Glastonbury Pete Duran, Jr., 1156 Roberts Street Louis J. Stewart, 1156 Roberts Street J. D. Gilmore, 1108 Bobby Street Gloria Langley, 1106 Nancy Street -- Dorothy Wilkerson, 1106 Roberts Street QUESTION AND ANSWER PERIOD: In answer to inquiry, Lloyd Ferguson advised that this property, when the sale is finalized, would be used for an airplane parts business that employs from seven to ten people. The business will operate five to five and one-half days per week. The total five acres is for sale. Mayor Reid read into the records the report of the Planning & Zoning Commission dated April 22, 1981 wherein they recommended that the City Council approve the zone change requested from Planned Unit to Commercial. ADJOURN HEARING NEW BUSINESS: (CONTINUED) COUNCIL DECISION OF THE FOLLOWING APPLICATIONS: (a) APPLICATION NO. 92, LOU CORTE, AGENT It was moved by Councilman Farley, seconded by Councilman McComb that a proper ordinance be prepared by the City Attorney on Application No. 92, Lou Corte, Agent, for consideration by the City Council. Motion passed 5 to 0. (b) APPLICATION NO. 92A, LOU CORTE, AGENT It was moved by Councilman Lentz, seconded by Councilman Mack that the City Attorney be authorized to prepare the proper ordinance on Application 92A, Lou Corte, Agent, for consideration by the City Council. Motion passed 5 to 0. (c) APPLICATION NO. 94, LLOYD J. YOST AND LLOYD R. FERGUSON It was moved by Councilman McComb, seconded by Councilman Mack that the appropriate ordinance be prepared by the City Attorney on Application No. 94, Lloyd J. Yost and Lloyd R. Ferguson, for consideration by the City Council. Motion passed 5 to 0. UNFINISHED BUSINESS: ORDINANCE NO. 315-2, AMENDMENT TO SECTION 29, ARTICLE XVI, TRUCK TRAFFIC, SECTION 29-353: Ordinance No. 315-2 read in caption by Councilman McComb. (First Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 315-2 be passed and approved on first of two readings. Said Ordinance No. 315-2 reads in caption as follows: ORDINANCE NO. 315-2 AN ORDINANCE AMENDING CHAPTER 29, OF THE CODE OF THE CITY OF PEARLAND, TEXAS, BY DELETING SPECIFIC SECTIONS THERETO; PRO- VIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman Lentz, Councilman Mack, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. City Attorney Williams advised that load limits applies to all streets, while the truck routes applies only to specific streets. He stated that he felt the formula for determining weights was adequate. He explained that a truck route is for through trucks; however, if they are designated routes and they are exceeding the weight load limit as established by the City, then they need to obtain a permit. 9,?I He advised that we have a good ordinance --we just need to enforce it. He also advised that he felt Dixie Farm Road should be upgraded since it would be a main evacuation route between Highway 35 and the Gulf Freeway. A discussion was held regarding the possibility of Dixie Farm Road becoming a Farm to Market Road. City Manager Wicker stated that as much money as has been spent in Harris County, by Harris County, on that portion of Dixie Farm Road, outside our City Limits, r=te. it might behoove us to try to approach the Harris County Commissioners Court and ask them to initiate a similar resolution or letter to the State Highway Department. He felt this should be handled jointly between our Commissioner, the City, and Harris County. Council requested an agenda item on the next regular agenda authorizing the Mayor to go forward in pursuing the possibility of the State making Dixie,Farm Road a Farm to Market State Highway, and also to make F. M. 518 four lanes. AMENDMENT TO LIBRARY CODE: Mayor Reid advised the City Council that he met with Mrs. Hunter, the Chairperson of the Library Board, and that the Board would like the following changes in the present code: (a) They would like to designate their own Chairperson; (b) They want to add a Vice -Chairperson position to provide leadership backup; (c) They would like for the ordinance to state that regular meetings of the Library Board will be held. It was moved by Councilman McComb, seconded by Councilman Lentz that these three changes be implemented into an ordinance for Council consideration at the next regular meeting. REVIEW OF BIDS RECEIVED ON BID NO B81-11, CORRIGAN DRIVE REALIGNMENT WITH WOODY ROAD AND POSSIBLE AWARD OF BID: Bids reviewed as follows: BIDDERS BASE BID WORKING DAYS BID Able Services, Inc. Angle -Tex Materials, Corp. Brown & Root, Inc. Lem Construction Co., Inc. S & M, Inc. No bid No bid $81,165.90 none shown $77,840.00 120 No bid City Manager Wicker advised the City Council that we have the money in the Bond Account for this project; however, this will likely be the last of the Thoroughfare Projects. The City Council requested that the low bidder, Lem Construction Company, be requested to furnish qualification statements on road projects they have completed, and that the I--- award of this bid be placed on the next regular agenda for consideration. ENGINEERING ESTIMATE NO. 2, BROWN & ROOT, INC.: Engineering Estimate No. 2, Brown & Root, Inc., was presented to the City Council. It was moved by Councilman McComb, seconded by Councilman Gray that Engineering Estimate No. 2, Brown & Root, Inc., in the amount of $49,857.97 for road repairs be approved for payment from the appropriate fund. Motion passed 5 to 0. ORDINANCE NO. 246-69, AMENDMENT TO THE LAND USE ORDINANCE - APPLICATION NO. 93 THOMAS D. OFFENBURGER: Ordinance No. 246-69 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 246-69 be passed and approved on first of two readings. Said Ordinance No. 246-69 reads in caption as follows: ORDINANCE NO. 246-69 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 Gray, Councilman McComb, Councilman Mack, Councilman Farley, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. OTHER BUSINESS: 1. It was moved by Councilman McComb, seconded by Councilman Lentz that the absence of Councilman Farley from the regular meeting held on May 11, 1981, be shown as excused absence. Motion passed 4 to 0. Councilman Farley abstained. 2. Recessed to Executive Session at 9:50 P. M. - Texas Open Meeting's Law, Section 2, Subsection (e) Legal and Section 2, Subsection (g) Personnel. 3. Returned to Open Session 10:30 P. M. Councilman Mack read from a proposed letter to Seminole Pipeline Company outlining the City's requirements. Specifically, these requirements are as follows: 1) That all plans, specifications and construction details be submitted and approved by the City Engineer prior to beginning any construction in our City Limits; 2) That block valves be installed at the entrance and exit to the corporate limits of the City of Pearland; 3) That roadway utility lines and drainage ditches or structures crossing said easement would be encased in a minimum Schedule 40 steel pipe so that maintenance of these facilities by the City of Pearland could be performed in a safe and proper manner; 4) A statement from the owner of the Pipeline be submitted to the City of Pearland indicating actual working pressures for the proposed transport line, and the types of petroleum products to be transported; 5) That any crossing of this proposed petroleum products line in the future, by the City of Pearland, would not necessitate any cost expenditure by the City. It was moved by Councilman McComb, seconded by Councilman Lentz that these recommen- dations as read by Councilman Mack be established as Council Policy for this pipeline _. and submitted to the Seminole Pipeline Company as the City's policy. Letter to be signed by the Mayor. Motion passed 3 to 2. Councilman Farley & Councilman Gray opposed. ADJOURN: Meeting adjourned at 10:35 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1981. r & wa,410 ATTEST: City Secretary `3