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1976-11-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON NOVEMBER 8, 1976 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 Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary Carlton McComb Tom Reid Cecil W. Griffin Harry Farley Terry Gray Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Cub Scout Pack No. 468. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the regular meeting held on October 26, 1976 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: Councilman Farley reported that the Emergency Medical team has responded to three calls since they started operations on November 4, 1976 and everything seems to be in good order. DEPARTMENTAL REPORTS: City Manager Wolff reported that he had investigated the entrance to the Gibson parking lot from Highway 518. He reported that he had looked at the Texas Highway Department Manual covering this type of entrance and found that the existing entrances off Highway 518 to be in conformance with State Law, and that the first entrance East of Old Alvin Road is approximately 150 feet from the intersection. CITIZENS: Mr. Howard Bailes advised that he wished to develop 1.5 acres at the end of Patricia Lane. He advised that he had worked with Coenco, Inc. in an effort to conform to City regulations. City Manager Wolff advised the Council that the 244 1.5 acres of land was a block of land of the metes and bounds division by Mr. McGlathery and the proposition now was to take this 1.5 acre tract of land and divide it into three building sites. One of the problems in this area is that there is no cul-de-sac on this dead end street. Mr. Wolff advised that he felt that the permitting of the division of this one lot into three building sites, and the building of a cul-de-sac would benefit the City. Mr. S. G. Patrick spoke to the City Council on behalf of the Pearland Lodge No. 138, A. F. & A. M. regarding garbage collection fees at the Hall. He advised that they did not use garbage service furnished by the City, however, they were being billed $12.50 for the service. He asked that a variance be made to the mandatory charge for collection of garbage at this location. He advised the Council that the small amount of garbage generated at this location was disposed of in Houston under a commercial contract. He advised that the Hall was used approximately 12 hours per week and never before 6:00 P.M. in the evening. This item to be placed on the agenda of the next regular meeting. Councilman Griffin advised that he felt the ordinance should be reviewed and perhaps some clarification made regarding mandatory garbage service. DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 31 - REQUEST FOR CHANGE IN LAND USE BY LARRY D. JOHNSON, TRUSTEE - 30 ACRES OF LAND, MORE OR LESS, OUT OF LOTS 106 AND 107 OF THE A. C. H. & B. SURVEY, SECTION I, ABSTRACT 147, BRAZORIA COUNTY, TEXAS. PU TO GR (HERITAGE GREEN SUBDIVISION). PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: John Garner, Municipal Engineering Company, advised the Council that he had been retained by the Johnson Development Company to plat and do engineering work on the land on which the zoning change has been requested. He advised that this is the first GR tract for the City. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None QUESTIONS FROM THE CITY COUNCIL: A discussion was held regarding access to this subdivision. City Manager Wolff advised that 30 feet has been dedicated for extension of Plum Street and in addition there is a five foot sidewalk right of way so the children in this area can either ride bicycles or walk to school safely. Also, the test of the zoning change should read "GR - Single Family" and the City Attorney has ruled that permits can be denied on any use not specified. HEARING ADJOURNED: 8:05 P.M. 2145 - UNFINISHED BUSINESS: REQUEST BY HOWARD BAILES FOR DEVELOPMENT OF 1.5 ACRES OF LAND LOCATED IN ABSTRACT 70: It was moved by Councilman Reid, seconded by Councilman Farley that the Council authorize the division of a 1.5 acre tract into three building sites per Exhibit "A" and that the extension of Patricia Lane and the building of the cul-de-sac be permitted in accordance with Class B, flexible base paving specification and in conformity with the original building specifications of Patricia Lane. Motion passed 5 to 0. APPLICATION FOR CHANGE IN LAND USE - NO. 31, LARRY D. JOHNSON, TRUSTEE: It was moved by Councilman Frank, seconded by Councilman Gray that the City Attorney be authorized to prepare necessary ordinance for consideration by the City Council changing the land use designation from PU to GR (Single Family). Motion passed 5 to 0. APPLICATION FOR CHANGE IN LAND USE - NO. 32, JERRY RAWLS: Mayor McComb read a letter dated November 4, 1976 from Dennis Frauenberger, Chairman of the Planning & Zoning Commission advising that the Planning & Zoning Commission voted on October 19, 1976 to deny the request by Jerry Rawls, Application No. 32, for a change in land use from PU to M-1 (Light Industrial). It was moved by Councilman Gray, seconded by Councilman Frank that a letter from the Chairman of the Planning & Zoning Commission be received into the records of the City and that a Public Hearing be called on December 6, 1976 at 7:30 P.M. before the City Council on Application No. 32, request for change in land use from PU to M-1 by Jerry Rawls. Motion passed 5 to 0. APPLICATION FOR CHANGE IN LAND USE - NO. 33, METRO FINANCIAL CORPORATION: Mayor McComb read a letter dated November 4, 1976 from Dennis Frauenberger, Chairman of the Planning & Zoning Commission advising that the Commission voted on November 2, 1976 to recommend approval of the request by Metro Financial Corporation, Application No. 33, for a change in land use from PU to R-2. It was moved by Councilman Gray, seconded by Councilman Farley that the letter from the Chairman of the Planning & Zoning Commission be received into the records of the City and that a Public Hearing be called on December 6, 1976, at 7:30 P.M. before the City Council on Application No. 33, request for change in land use from PU to R-2 by Metro Financial Corporation. Motion passed 5 to 0. ORDINANCE NO. 246-24, AN ORDINANCE AMENDING ORDINANCE NO. 246, APPLICATION NO. 30, BERRY MILLER, ET AL: Ordinance No. 246-24 was read in full by Councilman Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 246-24 be passed and approved on second and final reading. Said Ordinance No. 246-24 reads in caption as follows: ORDINANCE NO. 246-24 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 Frank, Councilman Reid, Councilman Griffin, Councilman Gray and Councilman Farley. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 339, AN ORDINANCE OF THE CITY OF PEARLAND DIRECTING AND MAKING FINAL OFFER FOR ROAD RIGHT OF WAY PURPOSES AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS: City Manager Wolff advised that when the Gustafson Group decided it would be to our mutual advantage to convey 25 feet rather than 15 feet off the east side of Dixie Farm Road, it necessitated our sending the original plan for another set of maps and field notes. This was turned over to Mr. Gustafson last Thursday and in talking to Mr. Regner of the Gustafson Group, he advised that this information has been forwarded to their attorney for the preparation of this land conveyance. Mr. Wolff recommended, that in view of the fact that they are working on this, he suggested that the City Council not consider the second reading of Ordinance No. 339 at this meeting, but make possible action on it, if necessary, and consider it at the next meeting. NEW BUSINESS: LETTER REQUEST BY KENNETH MUGG FOR REDUCTION IN LOT SIZE - LOT 12, BLOCK 8 WOODCREEK SECTION I: Mayor McComb -read a request from Kenneth Mugg advising that when measuring to install a fence on Lot 13, Block 8, Woodcreek, Section I, he discovered that --� the drive encroached onto Lot 12, Block 8. Mr. Calloway, the builder, deeded Mr. Mugg the south 3 feet of Lot 12, Block 8. Later Mr. Mugg purchased the remaining 67 feet of Lot 12, and he has now decided to move and wants to sell the north 67 feet of Lot 12, Block 8 to a home builder and requested a variance in the 70 foot frontage requirement in this subdivision. The City Council discussed the fact that this was the second request for reduction in lot size in Woodcreek involving the same builder. The City Attorney suggested that if another request for reduction in lot size is requested, the City Council ask for a replatting of the subdivision. It was moved by Councilman Farley, seconded by Councilman Frank that the request by Kenneth Mugg for reduction in lot size of Lot 12, Block 8, Woodcreek, Section I, reduced to 67 feet be granted. Motion passed 5 to 0. DRAINAGE DISTRICT REQUEST FOR PAYMENT OF MATERIALS USED ON BRIDGE TO INDEPENDENCE PARK: Mayor McComb read a letter statement from the Brazoria County Drainage District No. 4 itemizing the amount spent on materials for the bridge on Liberty Drive at the entrance to Independence Park. They advised that the material cost was $11,786.47 with the labor being furnished by the Drainage District. It was moved by Councilman Griffin, seconded by Councilman Reid that the City Manager be authorized to pay the Brazoria County Drainage District No. 4 the amount of $11,786.47 for construction of the bridge into Independence Park and that such payment be made from the Council Contingency Fund and the budget be adjusted accordingly. Motion passed 5 to 0. RESOLUTION NO. 76-25, A RESOLUTION APPROVING THE CLAIM OF CHENNAULT MATERIAL COMPANY, INC. AND AUTHORIZING THE DELIVERY OF CERTIFICATES OF OBLIGATION FOR PAVMR19T nV gAMR e Resolution No. 76-25 was read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Griffin that Resolution No. 76-25 be passed and approved on first and final reading. Said Resolution No. 76-25 reads in caption as follows: RESOLUTION NO. 76-25 RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray and Councilman Frank. Voting "No" - None Motion passed 5 to 0. COPY OF RESOLUTION NO. 76-25 IN ITS ENTIRETY PASSED AT THIS MEETING IS ENCLOSED IN ENVELOPE ON BACK COVER OF MINUTE BOOK. PRELIMINARY PLAT - LINWOOD SECTION III: The preliminary plat of Linwood Section III, approved by the City Engineer, City Attorney, and the Planning and Zoning Commission was submitted to the City Council for its approval. E It was moved by.Councilman Farley, seconded by Councilman Griffin that the Preliminary Plat of Linwood, Section III be approved. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO ENTER INTO CONTRACT FOR ARCHITECTURAL SERVICES: It was moved by Councilman Frank, seconded by Councilman Griffin that the Mayor be authorized to enter into a contract with the firm of Dansby and Miller, Pasadena, Texas, for architectural services on the civic center project located on 7.5 acre tract recently purchased by the City. Motion passed 5 to 0. OTHER BUSINESS: Mayor recessed the meeting at 8:45 P.M. EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW, SECTION 2, SUBSECTION (f), PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY (RIGHT OF WAY); SECTION 2, SUBSECTION (g) PERSONNEL. Meeting reconvened to open Session at 9:30 P.M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: The meeting was adjourned at 9:31 P.M. Minutes approved as submitted and/or corrected this 22 day of November A. D., 1976. ATTEST: City Secretary Mayor Pro Tem