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2000-11-27 CITY COUNCIL REGULAR MEETING MINUTES20f MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 27, 2000, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Interim City Manager City Attorney City Secretary Tom Reid Klaus Seeger Helen Beckman Woody Owens Larry Marcott Larry Wilkins Alan Mueller Darrin Coker Young Lorfing Others in attendance: Police Chief J.C. Doyle; Public Works Director Jerry Burns; Project Manager Michael Ross; Manager of Administrative Support Tobin Maples; Community Relations Liaison Phibi Vassallos; Grants Coordinator Chris Kidwell; Assistant City Attorney Nghiem Doan. The invocation was given by Councilmember Beckman and the Pledge of Allegiance was led by Councilmember Wilkins. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to approve the minutes of the October 30, 2000, Special Meeting held at 6:00 p.m., the minutes of the November 6, 2000, Special Meeting held at 6:00 p.m. and the minutes of the November 13, 2000 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "Abstain" Councilmember Owens. Voting "No" None. Motion Passed 4 to 0, with 1 abstention. MAYOR'S ACTIVITY REPORT: Page 1 of 17 - 11/27/2000 202 Mayor Reid reported on November 10' - 18`h he attended the TML Annual Conference in Austin; November 201h he attended the PEDC Monthly Meeting and the Joint Public Hearings on Zoning; November 21st he attended the HGAC Monthly Board of Directors Meeting and also attended the Gulf Coast Utilities Association Meeting; November 27 he attended the Ribbon Cutting for the Brazoria County Tax Office Annex that is located in the Community Center. COUNCIL ACTIVITY REPORTS: Councilmember Beckman reported she also attended the Ribbon Cutting. Councilmember Beckman reminded the Council that there will be a fire truck available for them to ride on in the upcoming Chamber parade. Councilmember Owens reported on November 14`h he met with Mr. Johnson, Chairman of the Texas Highway Commission, regarding the future of SH 288; he also visited the Nolan Ryan Center to discuss the building of a local hospital in the Alvin area; he attended the Chamber Mixer at the Pearland State Bank and also attended the One Nation Under God Breakfast; he attended the City's Thanksgiving Lunch; he met with Staff from Harris County Commissioner EI Franco Lee's Office. Mayor Pro -Tem Seeger did not have a report. Councilmember Marcott reported he also attended the TML Conference in Austin and found four businesses from Pearland that were being represented. The first was Dewatering Technology, which is to clean out sewers, another business was Poston Equipment Sales, which is an office for the sale of a number of pieces of equipment. He also found out that there are a lot of salesman that work out of their homes and when something is sold Pearland gets the sales tax money. Another one of the companies is Underground, which is another sewer company and the fourth company was UGRS Map. The Representative with the company pulled up some work he is doing with Michael Ross for the City of Pearland and showed it to Councilmember Marcott. Councilmember Wilkins stated that he did not have anything additional to report. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, reported the tree lighting ceremony is Thursday at City Hall at 7 p.m. He reminded the Council that the Brazoria County Days is coming up next March and the committee has asked for any areas of concern or issues that may need to be discussed to be given to them by Friday. Page 2 of 17 - 11/27/2000 CITIZENS: 203 Charlie McMurrey, 5209 Spring Branch Drive, addressed Council and stated that he has his comments in writing and will give them to Council after he addresses them. Mr. McMurrey addressed his concerns regarding the PEDC not having a Citizen Comment area on their agendas. He also addressed the issue of the School District building a new school on Bailey Road and it causing traffic jams and also the lack of fire stations in the area. In closing, he stated that an east/west route to SH 288 would also help with the traffic. Emmett Sacrey, AIA, 14825 St. Mary's Lane, addressed Council and stated that he is representing the IHOP Corporation and is available to discuss building materials if there are any questions, when Council considers that item. Marie Flickinger, 11555 Beamer, addressed Council and stated part of the problem with the Traffic Study was that the scope of the study was probably flawed. She further stated other issues that should have been looked at were the next five to ten years, safety and availability to a hospital. She also stated that if she was a senior citizen living there she would want to feel safe knowing an ambulance could get to her in time because of Green Tee. She cited a situation in where her mother-in-law lives, it took the ambulance 14 to 18 minutes to get to her. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-491 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OFCERTAIN REAL PROPERTYAND GRANTING ASPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON THE FOLLOWING PROPERTY, BEING THE SOUTH 1/20F LOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9,, H. T. & B. R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 90) (2521 MAX ROAD)FROM CLASSIFICATION GENERAL BUSINESS -SPECIFIC USE (GB -S) FORA HOMETO GENERAL BUSINESS DISTRICT -SPECIFIC USE -SPECIFIC USE (GB -S -S) FOR A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER AT THE REQUEST OF MARK SOBER, AGENT FOR LOYE & MARY YOUNG, OWNERS, Page 3 of 17 - 11/27/2000 204 PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Beckman madethe motion, seconded by Councilmember Owens, to adopt Ordinance 509-491 on its second and final reading. Interim City Manager, Alan Mueller, stated that this is the first application for a communications tower that falls under the new guidelines of the ordinance. The company has met all the applicant procedures. Mayor Pro -Tem Seeger stated that he spoke out against this and he still hasn't changed his intent. He stated he feels this would affect the environment and the neighborhoods. He further stated that the approval of this tower will draw more communication towers into the City and where do you draw the line. Councilmember Wilkins stated he agrees with Mayor Pro -Tem Seeger and thinks this will open the door for other towers. He further stated this will cause Council to have to pick and choose among the applicants. Councilmember Beckman stated that by offering a Specific Use Permit, in the zoning ordinance, the Council has opened the door and they are picking and choosing where the towers will be located. She further stated she thinks that was the whole reason to go to the specific use permit process. Councilmember Beckman feels that a certain amount of towers are needed and that each one should be considered individually. One of the things they should look at is the proximity of the towers to each other. Mayor Reid stated he thinks there is good geographic spacing for this tower. Councilmember Owens asked if there is anything that can be done to designate an area for communication towers? Tobin Maples, Manager of Administrative Support, stated there are some cities that have done facility master plans for communication towers and have tried to come up with some sort of premise of that nature. It is fairly new and he does not know if that has worked or not. He further stated a Specific Use Permit is what will allow Council to approve them case by case. Councilmember Marcott asked if there is any other thing that other cities are doing regarding the towers? Page 4 of 17 - 11/27/2000 205 Tobin Maples, Manager of Administrative Support, stated that towers have certain federal rules and regulations that govern the construction and the City has to allow, by zoning ordinance, an opportunity for those towers to be located in the City somewhere. Additional discussion ensued between Council and Staff regarding the communications tower. Voting "Aye" Councilmembers Beckman, Owens, and Marcott, Voting "No" Councilmembers Wilkins and Seeger. Motion Passed 3 to 2. MATTERS REMOVED FROM CONSENT AGENDA: B . CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-496 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 56.91 ACRES OF LAND, MORE OR LESS, OUT OF THE H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA COUNTY TEXAS (APPLICATION NO. 940) (MANVEL ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF GARY K. FERGUSON, AGENT FOR G.K.F. HOLDINGS, L.L.C., OWNER, PROVIDING FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Owens madethe motion, seconded byCouncilmember Beckman, to adopt Ordinance 509-496 on its second and final reading. Councilmember Marcott stated that he looks at this area and sees it is an R-1 instead of an R-2. He sees it as people trying to put more houses on less land and he is not convinced that is what the market really wants. Councilmember Beckman stated that she is glad it is an R-2 and not an R-3. Page 5 of 17 - 11/27/2000 206 Councilmember Marcott stated that he would like to see this an R-1. Mayor Pro -Tem Seeger stated that he is seeing that the cost of the homes on R -2's are exceeding the cost that is being determined to pay their way in taxes. The City is getting quality homes of sufficient value that are not becoming a burden on the community and School District. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Wilkins. Voting "No" Councilmembers Marcott. Motion Passed 4 to 1. NEW BUSINESS: COUNCIL ACTION - REGARDING THE ACCEPTANCE OF THE PEARLAND/HARRIS COUNTY AREA ACCESS AND CORRIDOR STUDY. Mr. Alan Mueller, Interim City Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to accept the Pearland/Harris County Area Access and Corridor Study. Interim City Manager, Alan Mueller, stated the study had been in the works for about ten months and the next step beyond this is to amend the Thoroughfare Plan which is a component of the Comprehensive Plan. If the study were not accepted, we would go back and do more work on it. When the Comprehensive Plan was adopted, this area was left blank pending the resolution of this study. Once all of the projects have cost estimations, they will be brought back to Council to be prioritized, Becky Cornelius, 2415 Golf Crest, addressed Council and stated she is glad that they finally got this study complete and she wants to bring the study to the attention of the citizens. She stated she feels it is a good study, with the information they were given. Ms. Cornelius further stated that they were given too long to study it because the year 2022 is a long projection and we have major problems today. She added that Pearland Parkway is already under construction and Highway 35 is going under construction for seven lanes. She personally doesn't care about traffic in Green Tee because all her children are grown and she owns her own business. She stated she drives up and down the roads and knows that citizens have problems getting places. The Scarsdale to Yost Road is the only project that had money allocated to the project. It has the shortest distance to work on and in the shortest time. The City has a contractor that is going to build this all the way to the bridge Page 6 of 17 - 11/27/2000 207 and Harris County is going to build a bridge. She feels that if they prioritize Pearland Parkway and McHard Road it would not be good because there are not that many subdivisions on those roads. Chip Hosek, 3126 Yost, addressed Council and stated that there has been a study and another study. Will they do another study after this to figure out how to open Yost Road? He stated that if Council is concerned with safety there are 175 people that will be directly affected by 26,000 vehicles coming up and down that road. He stated direct access should begin with Pearland Parkway and not start with Yost Road which is third on the list. He also stated that he does not think that many people shop at Scarsdale and that the study needs to be accepted . Mr. Hosek stated he feels that it should be accepted since this is the second time it has been done. Catherine O'Brien, 3010 Country Club Drive, addressed Council and stated that she has no problem with the study. The conclusion of any study is only as good as the data. She feels and hopes with all of this the City will move forward. She stated the only problem is with the way the study has prioritized the projects. Ms. O'Brien wants to complete the two lanes for Pearland Parkway and then open up Scarsdale. Councilmember Owens stated that this is the third study and each one seems to come out the same, that runway needs to be done. He stated that he will not approve any more development on the other side of Green Tee until access can be found to get the vehicles in and out, whether it is Blackhawk or back down to FM 518 or whatever. These vehicles need to be taken out of the neighborhoods. He further stated that he is not for putting more traffic onto Yost but thinks that everybody that lives in the Yost Road area has been told this is going to be a roadway that will be going in ever since 1968. All three independent studies have said that this needs to be in the plan to be done. Councilmember Wilkins expressed his concerns regarding the massive traffic going down Yost Road. The road is straight and people are going to be speeding. Councilmember Beckman asked if there will be a workshop regarding this in the future? Mayor Reid stated that there will be a workshop in the future to discuss this in detail. Additional discussion ensued between Council and Staff regarding the Traffic Study. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Page 7 of 17 - 11/27/2000 208 Motion Passed 5 to 0. COUNCIL ACTION - REGARDING THE DESIGN OF A NEW WATER TOWER. Mr. Alan Mueller, Interim City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to table this item for further research and review. Mayor Reid and Councilmember Marcott shared with the Council information they had received at the TML Annual Conference where they had an opportunity to speak to several representatives of elevated water tower companies regarding the various types of water towers. Discussion ensued between Council and Staff regarding water towers and after that discussion a motion was made to table this action to go back and get more independent verification and do more research. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. COUNCIL ACTION - RESOLUTION NO. R2000-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY OF PEARLAND'S CONTRACT WITH THE TEXAS CRIMINAL JUSTICE DIVISION FOR THE PEARLAND UNDERAGE DRINKING PROJECT. Mr. J.C. Doyle, Police Chief. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-141. Interim City Manager, Alan Mueller, stated that this is an application for a grant that has been very successful in the past. It pays for overtime for officers, counseling and educational materials regarding underage drinking. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Page 8 of 17 - 11/27/2000 209 COUNCIL ACTION - RESOLUTION NO. R2000-142 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2000, DUE TO THE HOLIDAY SEASON. Mr. Alan Mueller, Interim City Manager. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-142. Interim City Manager, Alan Mueller, stated this is the normal holiday meeting schedule for December, allowing for both regular meetings in December to be held on the same date. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 629-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 629, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON FM 518, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 629-1 on its first and only reading. Robert Richter, 1817 Meadow Creek, Executive Director of Student Services for the Pearland Independent School District. He stated he is here to oppose the ordinance that will change the speed limit between Old Alvin Road and Park Street. He read a letter sent to Mr. Ross, Councilmembers and the Mayor from members of the P.I.S.D. School Board. Page 9 of 17 - 11/27/2000 210 For the safety of the students that will have to cross these streets, he hopes the City makes a good decision regarding this matter. Interim City Manager, Alan Mueller, stated this ordinance will establish speed limits along FM 518 and in cooperation with TxDOT to try and get the traffic signals synchronized. He stated that a speed study was done to verify that the speeds were set correctly. He stated that this area has been suggested for improvement. He stated that in the ordinance book the speed limit is 35 but the sign says 30, so somehow over the years it was changed. The study recommended that the speed limit be changed to 40 miles per hour and as a result, the school limit can be changed to ten or fifteen miles below that. The original study showed that a thirty mile per hour school zone could be set, which would match the school zone a few miles up the road. Additional discussion ensued between Council, Staff and Samson, who conducted the speed limit study. After the discussion, Mr. Richter stated that the School District does not prefer the 25 mile per hour school zone but will accept it over a 30 mile per hour school zone. Theresa Brooks, 2722 Village Mills, addressed Council and stated she is opposed to the changing of the speed limit and school zone. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 991 -AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON WEST HAMPTON DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH MILLER RANCH ROAD; UPON WEST HAMPTON DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH LAND STREET; UPON AMES STREET IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH HALLMARK LANE; UPON AMES STREET IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH FAIR BROOK WAY; UPON ELM FOREST DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH HALLMARK LANE; UPON ELM FOREST DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH FAIR BROOK WAY; UPON BERKSHIRE TRACE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH ELM FOREST DRIVE; UPON Page 10 of 17 - 11/27/2000 211 COTTAGE STREET IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH ELM FOREST DRIVE; UPON SOUTH HAMPTON DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH HUGHES RANCH ROAD; UPON SOUTH HAMPTON DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH HALLMARK LANE; (SOUTH HAMPTON SUBDIVISION, SECTION 1); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 991 on its first and only reading. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - SUBDIVISION ACCEPTANCE OF AUTUMN LAKES, SECTION ONE. Mr. John Hargrove, City Engineer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to accept Autumn Lakes, Section One, Subdivision. Interim City Manager, Alan Mueller, stated this is a subdivision off of Miller Ranch Road. This is one of the in -city M.U.D. projects. In this particular case, as part of the development phase, they have installed a package wastewater treatment since the City lines do not extend out to that area yet. Under the development agreement all the sewer impact fees will be collected on the front end. In the next month or so there will be an agreement that will come forward with this M.U.D. since they will be operating the plant. Councilmember Owens asked if more items, like the one just discussed, could be placed on the Consent Agenda. He stated that it would expedite some of the action items in a more timely manner. Page 11 of 17 - 11/27/2000 212 City Attorney, Darrin Coker, stated on any routine manner that requires one reading could be placed on the Consent Agenda. The opportunity is still available to pull an item from the Consent Agenda to discuss it. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman, Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - SUBDIVISION ACCEPTANCE OF VILLA VERDE, SECTION ONE. Mr. John Hargrove, City Engineer. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to accept Villa Verde, Section One, Subdivision. Interim City Manager, Alan Mueller, stated that this is part of the residential development off of Scarsdale on the east side of Green Tee and all requirements have been met. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER WOODY OWENS FROM THE REGULAR COUNCIL MEETING HELD ON NOVEMBER 13, 2000. City Council. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to excuse the absence of Councilmember Woody Owens from the Regular Council Meeting held on November 13, 2000. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "Abstain" Councilmember Owens. Voting "No" None. Motion Passed 4 to 0 with 1 abstention. Page 12 of 17 - 11/27/2000 213 COUNCIL ACTION -RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF ONE (1) MEMBER AND APPOINTMENT OF ONE (1) MEMBER TO THE CIVIL SERVICE COMMISSION. Mr. Alan Mueller, Interim City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to ratify the appointment of Tom Hodges and the reappointment of Brenda Crager. Interim City Manager, Alan Mueller, stated that the City has been trying to get all of the boards and commissions updated and this is one of the commissions that the City Manager makes a recommendation to Council and hopefully they approve it . He stated that he recommends that Brenda Crager is reappointed for a term of three years and to appoint Tom Hodges for a term to expire in June of 2002. Councilmember Wilkins states that by appointing Tom Hodges the Council has picked an individual that is very outspoken and gets things done. He thinks that he is a great guy for the job. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RATIFICATION OF STAFF'S INTERPRETATION OF SECTION 30.4.1), BUILDING MATERIALS, OF LAND USE & URBAN DEVELOPMENT ORDINANCE. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Marcott made the motion, seconded by Councilmember Beckman, to conform with the current color palette and not add any new colors. Interim City Manager, Alan Mueller, stated that the Overlay Ordinance for Pearland Parkway calls for an Architectural Review Committee consisting of the Building Officials, the Director of Community Development and the City Manager to select a color palette. When the ordinance was first adopted about two years ago, the committee members decided that they wanted to limit the colors to earthtone colors. Mr. Mueller had the color palette available for Council to review. IHOP Corporation has requested to use the blue color, which is not on the palette. Mr. Mueller stated the Committee needs to know if they should stick with the current colors or do they add a new color of blue to the palette. Page 13 of 17 - 11/27/2000 214 Emmett Sacrey, IHOP Representative, stated that shade of blue is the color that they use for all their restaurants everywhere. Mr. Scarey gave a brief overview of the proposed building. City Attorney, Darrin Coker, stated that if this shade of blue is allowed a new color will be added to the palette and anybody else wanting to use that color would be allowed to do so. Additional discussion ensued between Council and Staff regarding the color palette and the overlay district requirements. Councilmember Owens asked Mr. Scarey if the land has been purchased and if this is a "deal -breaker" for ]HOP? Mr. Scarey stated that they have purchased the land and it is not a "deal -breaker" for IHOP. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" Councilmember Owens. Motion Passed 4 to 1, FIRST READING OF ORDINANCE NO. 509-497 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2 TRACTS TOTALING 6.564 ACRES IN THEJAMES HAMILTON SURVEY, A-881, HARRIS COUNTY, TEXAS (APPLICATION NO. 948) (14007 SOUTH FREEWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF REVEREND JAMES T. PAYNE, AGENT, FOR ST. THOMAS OF CANTERBURY CHURCH, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-497 (Application No. 948) on its first reading. Page 14 of 17 - 11/27/2000 215 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 948). Interim City Manager, Alan Mueller, stated that this is for one of the churches on SH288. Voting "Aye" Councilmembers Beckman, Owens, Wilkins, Marcott, and Seeger Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-498 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 50' W IDE ADJOINING AND ADJACENT TO AND RUNNING PARALLEL WITH THE G. C. & S. F. RIGHT OF WAY AND LYING BETWEEN BLOCK 19, PEARLAND TOWNSITE AND G. C. & S. F. RIGHT OF WAY, AS RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 942) (2411 S. TEXAS) FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLES TERRY GRAY, OWNER, PROVIDING FOR AN AMENDMENTOFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-498 (Application No. 942) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 942). Voting "Aye" Councilmembers Beckman, Owens, Wilkins, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-499 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, Page 15 of 17 - 11/27/2000 216 THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING PART OF BLOCK 17 OF THE FIGLAND ORCHARD SUBDIVISION NO. 1, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 3, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 952) (2853 WAGON TRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF ASUNCION ESPARZA, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-499 (Application No. 952) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 952). Voting "Aye" Councilmembers Beckman, Owens, Wilkins, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:51 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE NEW BUSINESS (CONTINUED): 1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION - REGARDING THE CITY'S DETENTION FACILITIES. Mr. Darrin Coker, City Attorney. Council returned from Executive Session at 10:28 p.m. Page 16 of 17 - 11/27/2000 217 NEW BUSINESS (CONTINUED): COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE CITY'S DETENTION FACILITIES. Mr. Darrin Coker, City Attorney. No Council action taken on this item. ADJOURNMENT: Meeting was adjourned at 10:29 p.m. Minutes approved as submitted and/or corrected this the 11`" day of December, 2000. �OyYj Tom Reid Mayor ATTEST: Page 17 of 17 - 11/27/2000 218 THIS PAGE LEFT BLANK INTENTIONALLY