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1978-05-22 CITY COUNCIL REGULAR MEETING MINUTES22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 22, 1978, AT 7:35 P.M. IN THE CITY HALL 2335 N. TEXAS AVENUE, PEARLAND TEXAS. The meeting was called to order with the following present: Mayor Councilman Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Harry Farley (Entered at 7:45 P.M.) Dennis Frauenberger Fran Coppinger Carlton McComb Morris S. Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilman Wilson. APPROVAL OF MINUTES: It was moved by Councilman Wilson, seconded by Councilman McComb that the minutes of the regular meeting held on May 8, 1978 be approved as submitted. Motion passed 3 to 0. Councilman Frauenberger abstained. Councilman Farley not present at this time. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that the minutes of a special meeting held on May 15, 1978 be approved as submitted. Motion passed 4 to 0. Councilman Farley not present at this time. MAYOR'S ACTIVITY REPORT: Mayor Reid thanked all of the people who had helped in the promotion of the bond issue held on May 13, 1978. He especially thanked the Governmental Committee of the Pearland Area Chamber of Commerce and the League of Women Voters for their efforts in making the citizens aware of the proposals on this issue. Mayor Reid announced that Detective R. L. Wyke had graduated with honors from Sam Houston University. Mayor Reid announced that he had written Mr. Poorman of the State Department of Highways calling his attention to the fact that there are seven light positions on Highway 518, both east and west, for traffic control devices. Two of the lights have already been identified as warranted. These being at the Green Tee entrance on Highway 518 and Dixie Farm Road entrance on Highway 518. Mayor Reid also asked Mr. Poorman to consider left turn lanes at these two inter- sections. Mayor Reid asked the Staff to provide the necessary data for the City Council to review and evaluate the tax exemption allowed to the senior citizens of Pearland. Mayor Reid appointed a committee of Councilman McComb and Councilwoman Coppinger to work with the staff in arriving at a recommendation to the City Council. This item to be placed on the agenda at a later date. COUNCIL ACTIVITY REPORTS: None 229 DEPARTMENTAL REPORTS: City Manager Wolff asked the City Council to consider the purchase of another car for the Building Inspection Department. He advised that a small compact car would suffice. CITIZENS: None DOCKETED PUBLIC HEARINGS: 1. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 55, (AMENDED) FRANK BARRINGER, TRUSTEE - PD to R-2. 11.4 acres out of Tract 9 & 10 of the Masterson Subdivision of the H. T. & B. RR. Company Survey, Abstract 237, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED ZONE CHANGE: John Garner representing Frank Barringer asked that the zoning change be granted. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED ZONE CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read into the records a letter dated April 26, 1978 wherein Mr. Barringer WITHDREW his request for GB zoning on part of the property and asked that it be considered for R-2 only. HEARING ADJOURNED: 2. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 56, AARON PASTERNAK, TRUSTEE, PU to R-2. Tract A - 50.26 acres more or less out of the W.D.C. Hall League Survey, Abstract 70; Tract B - 22.15 acres out of the Aaron Pasternak 313.38 acre tract out of the W.D.C. Hall Survey, Abstract 70; Tract C - 130.00 acres more or less out of the W.D.C. Hall League Survey, Abstract 70; Tract D - 14.21 acres out of the T. J. Green -Survey, Abstract 198. The following items to be made a part of this Hearing: a. Report from Planning & Zoning Commission wherein they denied the application on the basis of all being zoned R-2. b. Letter from Aaron Pasternak, Trustee, wherein he stated that it was his desire to amend his application to show the 130 acre tract, known as Tract, to R-1. PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: C. F. Mann, 8315 Hunters Creek, Houston, Texas, advised that he was the Developer of Tracts A, B, & D. He advised that he planned to develop these tracts into a nice subdivision. Edison Thornhill, 2304 Lynn, Pearland, Texas, advised that he felt this was the type of development that we need in Pearland. Ford Frost, Houston, Texas, owner of land adjacent to this proposed development, advised that he had no objection. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None r'"M QUESTION AND ANSWER PERIOD: It was brought out that the approval of the zone change would have to be by majority vote of the City Council since the Planning $ Zoning Commission had denied the request for change. .HEARING ADJOURNED: UNFINISHED BUSINESS: ORDINANCE NO. 246-44, JOHN C. DYESS, ET AL, APPLICATION NO. 52: Ordinance No. 246-44 was read by caption by Councilman Farley. (First Reading) 230 It was moved by Councilman McComb, seconded by Councilman Farley that _Ordinance No. 246-44 e a sed and approved f oi.rst reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-44 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - Councilman Farley and Councilwoman Coppinger. The motion for passage of this ordinance failed to receive an affirmative vote of at least three-fourths of all members of the City Council for approval which was required since the Planning & Zoning Commission reported to the City Council under date of March 9, 1978 that they recommended denial of this request. Motion failed. ORDINANCE NO. 246-45, JERRY RAWLS, ET AL - APPLICATION NO. 51: Ordinance No. 246-45 was read by caption by Councilwoman Coppinger. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman McComb that Ordinance No. 246-45 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-45 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Council- woman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. AWARD OF BID ON CITY SERVICE CENTER: Ron Wicker advised the City Council that the bid be awarded to the S. & S. Contracting Company, 2315 Southwest Freeway, Houston, Texas, in the amount of $149,200.00 as the lowest and best bidder. It was moved by Councilman McComb, seconded by Councilman Wilson that the bid on the Service Center be awarded to S. $ S. Contracting Company for base bid of $149,200.00, and the Mayor be authorized to sign the contract. Also, that this award be on the basis of final approval of an ordinance authorizing Certificates of Obligation to cover the cost of the project. Motion passed 5 to 0. NEW BUSINESS: APPOINTMENT OF ASSISTANT CITY SECRETARY: City Manager Wolff recommended the appointment of Loretta Bonin as Assistant City Secretary to fill the vacancy created by the resignation of Patty Paxton. It was moved by Councilman McComb, seconded by Councilman Farley that Loretta Bonin be appointed as an Assistant City Secretary. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Loretta Bonin. 231 LAND USE APPLICATION NO. 55, (AMENDED) FRANK BARRINGER, TRUSTEE: It was moved by Councilman Wilson, seconded by Councilman McComb that the City Attorney be instructed to prepare an Ordinance for consideration by the City Council at the next meeting on Land Use Application No. 55 (Amended) Frank Barringer, Trustee. Motion passed 5 to 0. LAND USE APPLICATION NO. 56, (AMENDED) AARON PASTERNAK, TRUSTEE: r— It was moved by Councilman Frauenberger, seconded by Councilman Farley that the City Attorney be instructed to prepare an Ordinance for consideration by the City Council at the next meeting on Land Use Application No. 56 (Amended) Aaron Pasternak, Trustee. Motion passed 5 to 0. PETITION FOR ANNEXATION - W. E. L. HARTMAN & LOUISE NARRY HARTMAN - ANNEXATION OF 80 ACRES: Mayor Reid announced that the City had received a letter request from Mr. W.E.L. Hartman and Louise Narry Hartman requesting annexation of 80 acres located in Abstract 509. Mr. Hartman had previously appeared before the City Council indicating that he was desirous of petitioning the City for annexation of the property. It was moved by Councilman Wilson, seconded by Councilman McComb that the City Attorney be instructed to prepare the necessary papers for calling of the Public Hearing on this request for annexation, and it be placed on the agenda of the next regular meeting of the City Council. Motion passed 5 to 0. ORDINANCE NO. 246-46, AARON PASTERNAK, TRUSTEE - APPLICATION NO. 54A (AMENDED): Ordinance No. 246-46 was read by caption by Councilman McComb. (First Reading) It was moved by Councilman McComb, seconded by Councilwoman Coppinger that Ordinance No. 246-46 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-46 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Council- woman Coppinger, and Councilman Frauenberger.. Voting "Nay" - None Motion passed 5 to 0. MEETING RECESSED AT 8:35 P.M. - RECONVENED AT 8:45 P.M. DISCUSSION OF ITEMS PASSED ON BOND ISSUE: The items passed on the recent bond issue were discussed by the City Council. City Attorney Williams advised that the rehabilitation of the sewer plants should be the number one priority since we have made a committment to the Water Resources - Commission. City Manager Wolff advised that plans would be submitted for approval by the Board within the next few weeks. These plans will have to be approved prior to the bidding of the work on this project. 4 MAYOR REID CHANGED THE ORDER OF BUSINESS AT THIS TIME IN THE MEETING SO THAT ITEM NO. 8 OF THE AGENDA COULD BE DISCUSSED, AFTER WHICH THE ORDER OF BUSINESS WOULD BE RETURNED TO DISCUSSION OF ITEMS PASSED ON THE BOND ISSUE. C 4 C/yyg tI t- ?-- PLANNING 4 ZONING COMMISSION REPORTS: Application No. 58, C. H. 4 Helen Alexander Estate. It was moved by Councilman Farley, seconded by Councilman Frauenberger that a Public Hearing be called under Docketed Public Hearings of the regular agenda on June 12, 1978 for Application No. 58, C. H. & Helen Alexander Estate. Motion passed 5 to 0. BUNKER HILL TOWNHOMES: It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that the final plat of Bunker Hill Townhouses be approved subject to approval by the City Attorney of amended restrictions and receipt of the amended title report. Motion passed 5 to 0. ITEMS ON THE BOND ISSUE: SEWER LINES: The City Engineer suggested that the sewer lines be bid as a package since he felt we would get better bids on a larger project rather than bidding each item separately. The three sewer lines involved would be as follows: (1) Highway 35; (2) McLean $ Railroad Tracks (pressure line); and (3) Dixie Farm Road. WATER LINES: (1) Woody Road from Highway 518 to Scott Lane; Scott Lane from Woody Road to Mykawa Road; Mykawa Road from Scott Lane to Knapp Road west; (2) Magnolia Road from McLean Road to Park entrance (John Lizer Rd.); (3) Park entrance (Liberty Dr.) to Dixie Farm Road and North east on Dixie Farm Road (ROW needed) Old Alvin Road from Orange Street to Knapp Road (ROW needed). THOROUGHFARES:(1) Walnut Street from Highway 518 East to Highway 518 West. Intersection Improvements - a. Woody Road at Highway 518; b. Orange Street at Highway 35; c. Old Alvin Road, John Lizer Road at Highway 35 (2) Knapp Road from Mykawa Road to Glenda Street. Balance of the projects, with the exception of Mykawa Road from Orange Street to the North City Limits, will require additional Right-of-way (ROW). ADDITIONAL TRANSPORTATION FOR BUILDING DEPARTMENT: It was moved by Councilman McComb, seconded by Councilman Frauenberger that the City Manager be authorized to bid a small car for the Inspection Department. Motion passed 5 to 0. OTHER BUSINESS: ABSENCES FROM LAST MEETING: It was moved by Councilman McComb, seconded by Councilman Wilson that the absences from the regular meeting of May 8, 1978 by Councilman Frauenberger and Councilman Farley be shown as excused absences. Motion passed 5 to 0. EXECUTIVE SESSION: TEXAS OPEN MEETINGS LAW, SECTION 2, SUBSECTION (e) AND (g) LEGAL AND PERSONNEL. 9:15 P.M. RECONVENED TO OPEN SESSION: 11:30 P.M. ADJOURN: Meeting adjourned at 11:3-1P.M. Minutes approved as submitted and/or corrected this ho`- day of A. D., 1978. Mayor ATTEST: C5 Assistant City Secretary 233