2003-07-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 14, 2003, 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
City Manager
City Attorney
City Secretary
Tom Reid
Richard Tetens
Woody Owens
Charles Viktorin
Larry Marcott
Klaus Seeger
Bill Eisen
Darnn Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller Executive Director of
Community Services Tobin Maples; City Engineer Doug Kneupper Assistant City
Engineer Andy Gallagher; Public Affairs Liaison Lynn Munford; Director of Inspection
Services Kola Olayiwola; Public Works Director Jerry Burns, Purchasing Officer Gordon
Island; Assistant Police Chief Johnny Spires.
The invocation was given by Councilmember Viktonn and the Pledge of Allegiance was
led by Assistant Police Chief Johnny Spires.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on June 24 he attended the State Highway 288 Corridor Study
Meeting, Adult Reading Center Strategic Plan Committee Meeting, and met with India
Cabinet Member June 25 attended the Breakfast for Commissioner Jack Harris,
Chamber of Commerce Luncheon and a Retirement Ceremony for John Hargrove;
June 26 he met with Alvin Community College Officials, attended the Partnership
Luncheon, and the Gulf Coast Water Authority Board Meeting; June 28 he attended the
Pearland Rodeo Club Raily;. June 30 he attended the Chamber Industry Yearly
Committee Meeting; July 1 he attended the AARP Monthly Meeting; .July 2 he attended
the Adult Reading Committee Meeting July 4 he attended the Pearland July 4111
Activities and Fireworks; July 7 he attended an Agenda Meeting and a Council
Workshop; July 8 he attended the Dixie Farm Road Public Hearing at HGAC; July 9-12
he attended the Texas Association Councils of Government Quarterly Meeting July 14
he attended the Adult Reading Business Meeting and the Pearland Economic
Development Corporation Special Meeting.
Page 1 of 16 — 7/14/2003
Mayor Reid and City Manager, Bill Eisen, presented a Certificate of Recognition to Fire
Chief Paul Jamison and Police Officer Jeff Jernigan for stepping forward under
extremely hazardous conditions, in disregard for their own personal safety, rescued a
fellow Pearland citizen from a burning vehicle, thereby demonstrating the highest level
of professionalism and valor.
Assistant Police Chief, Johnny Spires, stated Police Officer Jeff Jernigan received a
previous medal of valor for the exact same type of heroism and duty He stated Police
Officer Jeff Jernigan also rescued a family from their burning home a few months ago.
City Manager, Bill Eisen stated Fire Chief Paul Jamison has made a Tong -term
commitment to the community of Pearland. He stated he is very proud of Chief Jamison
and appreciates the City acknowledging his duties.
Mayor Reid introduced Fire Chief Paul Jamison's wife and gave brief comments about
the great job Chief Jamison has done.
Delores Fenwick, Executive Director of Keep Pearland Beautiful, presented a Keep
Texas Beautiful Certificate of Recognition to Mayor Reid and City Manager, Bill Eisen,
for distinguished community leadership.
COUNCIL ACTIVITY REPORTS
Councilmember Viktorin stated he attended the Clear Creek Steering Committee
Meeting and during the meeting several questions were addressed to a representative
of Dannenbaum regarding a compilation of Ordinances from various political entities
within the Clear Creek Watershed. He stated he would also be attending a sub-
committee meeting on July 16.
Councilmember Owens passed.
Mayor Pro-Tem Tetens passed.
Councilmember Marcott complimented the Parks and Recreation Department for the
Fourth of July Celebration and stated it was a very nice ceremony.
Councilmember Seeger passed.
CITY MANAGER'S REPORT
City Manager, Bill Eisen, introduced the new City Engineer, Doug Kneupper. He also
introduced the Director of Inspection Services, Kola Olayiwola. Mr. Eisen stated the
Parks and Recreation Department did an excellent job of presenting a fine program
Page 2 of 16 — 7/14/2003
together for the Fourth of July.
CITIZENS:
Michael Klaus, 5016 Groveton, addressed Council and stated he would like to discuss
Homestead Exemption. He stated he would like Council to think about the benefits
Homestead Exemption would have for the citizens of Pearland. Mr. Klaus stated, due to
the new Taws, citizens with homes over 40 years old would have to start paying
additional charges unless certain items are replaced within the homes. He stated there
is a way to keep this from taking place, by giving back to the Homestead Exemption,
allowing the public to continue making upgrades to property without surprises later. He
stated this would allow the citizens to keep the home value up and the insurance down.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA
A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES:
1. Minutes of the June 16, 2003, Special Meeting held at 6 15 p.m.
2 Minutes of the June 17, 2003, Special Meeting held at 6 00 p.m.
3. Minutes of the June 23, 2003, Special Meeting held at 6 30 p.m.
4. Minutes of the June 23, 2003, Regular Council Meeting held at 7:30 p.m.
B CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
OF CREEKSIDE SECTION ONE Mr. Doug Kneupper, City Engineer.
C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE ABSENCE OF
MAYOR PRO-TEM RICHARD TETENS FROM THE REGULAR MEETING
HELD ON JUNE 23, 2003. City Council.
D CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO 181-8 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING CHAPTER 12,
GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, IN ITS ENTIRETY AND ADDING CHAPTER 12, TO BE
ENTITLED SOLID WASTE, FOR THE PURPOSE OF UPDATING THE
ORDINANCES RELATIVE TO SOLID WASTE PROVIDING A PENALTY FOR
VIOLATION HAVING A SAVINGS CLAUSE A SEVERABILITY CLAUSE, AND
A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE Mr. Darrin Coker, City Attorney.
Page 3 of 16 -- 7/14/2003
E CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-91 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL
U TILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $3,195,000
WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND
REVENUE BONDS, SERIES 2003. Mr. Darrin Coker, City Attorney
F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2003-92 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL
U TILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $4,155,000
U NLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 2003.
Mr. Darrin Coker, City Attorney.
G. CONSIDERATION AND POSSIBLE ACTION — RATIFY PLANNING AND
ZONING COMMISSION MEMBER DON SEDERDAHL TO SERVE AS
ALTERNATE AS AN OFFICIAL PLANNING AND ZONING REPRESENTATIVE
O N THE CITIZEN'S CODE ADVISORY COMMITTEE Mr. Tobin Maples,
Executive Director of Community Services.
Mayor Reid asked that Consent Agenda Item B be removed from the Consent Agenda
for further discussion.
Councilmember Viktorin made the motion, seconded by Mayor Pro-Tem Tetens to
adopt Consent Agenda Items A through G, with the exception of item B, as presented
on the Consent Agenda.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM. CONSENT AGENDA
Mayor Reid asked that Consent Agenda Item B be removed from the Consent Agenda
for further discussion. .
B CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE
O F CREEKSIDE SECTION ONE Mr. Doug Kneupper, City Engineer.
Councilmember Viktorin made the motion, seconded by Councilmember Owens, to
table subdivision acceptance of Creekside Section One.
Page 4 of 16 — 7/14/2003
City Manager, Bill Eisen, stated Staff is asking for this item to be tabled at this time. He
stated this is the acceptance of a subdivision, and at this present time several matters
regarding inspections are still pending.
Councilmember Marcott asked if the City has enough room for mowing in the ditch area
between the new subdivision and the existing subdivision.
Deputy City Manager Alan Mueller stated the space is less than the ideal spacing, but
the final width was acceptable.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-664 - 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 2 389 ACRES OF LAND OUT OF
LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF THE H.T. & B.R.R. COMPANY SURVEY NO. 20 (F.B. DRAKE), ABSTRACT 506,
BRAZORIA COUNTY TEXAS (CULLEN BOULEVARD NORTH OF FM 518)
(APPLICATION NO 1110) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
JUNG H. KWAK, AGENT FOR CHARLES AND SHIRLEY SAVELL, OWNERS,
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,
Executive Director of Community Services.
Councilmember Owens made the motion seconded by Councilmember Viktorin, to
approve Ordinance No. 509-664 (Application No. 1110) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1110.
City Manager, Bill Eisen, stated the location is on the West Side of Cullen next to the
existing Exxon Station. The intended use by the applicant is a retail shopping center.
Page 5 of 16 — 7/14/2003
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Viktonn, and Owens.
Voting "No" None.
Motion Passed 5 to O.
FIRST READING OF ORDINANCE NO. 509-665 - 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
O F CERTAIN REAL PROPERTY LOCATION BEING LOT C, SECTION 3, GARDEN
ACRES SUBDIVISION, ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY,
BRAZORIA COUNTY, TEXAS (FM 518 AT THELMA DRIVE) (APPLICATION NO.
1112) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
O FFICE AND PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF JACK
MCGUFF, JR., AIA, AGENT FOR WESTSIDE CHURCH OF CHRIST - PEARLAND,
INC., OWNERS 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, Executive Director of Community Services.
Mayor Pro-Tem Tetens made the motion seconded by Councilmember Marcott, to
approve Ordinance No. 509-665 (Application No. 1112) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1112
City Manager, Bill Eisen, stated this item would allow the expansion of an existing
church located at the North West area of Broadway.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-666 - 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
O F CERTAIN REAL PROPERTY LOCATION BEING LOT 27 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION
Page 6 of 16 — 7/14/2003
OF SECTION 8, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 504, BRAZORIA
COUNTY, TEXAS (GARDEN ROAD) (SPECIFIC USE APPLICATION NO 127) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN
DEVELOPMENT DISTRICT- SPECIFIC USE (SD(S)) FOR A CHURCH AT THE
REQUEST OF SOHAIL NOOR AGENT FOR CYNTHIA H. CRAMER, 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,
Executive Director of Community Services.
Councilmember Marcott made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Ordinance No. 509-666 (Specific Use Application No. 127) on its first reading.
Mayor Reid read in the record the Planning and Zoning Commission's recommendation
to forward to Council for approval of Specific Use Application No. 127.
City Manager, Bill Eisen, stated the property is located on Garden Road. The requested
zoning would allow for the construction of a religious facility at this location.
Councilmember Owens asked if public response was received regarding the zoning of
the property.
Discussion ensued among Council and Staff regarding the transportation plan for this
area due to the church facility and the new school being constructed in the area.
City Manager, Bill Eisen, gave brief comments regarding the Texas Underground
Company that would be in the area with industrial type usage of the area. He stated
concern was expressed regarding the truck traffic due to the industrial company. He
stated the later outcome discussion pertained to the church and school being located in
the rear part of the property and the small size of the school.
Additional discussion ensued among Council and Staff regarding church only utilizing
the school for one day throughout the week.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-667 - 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
Page 7 of 16 -- 7/14/2003
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
O F CERTAIN REAL PROPERTY LOCATION BEING 0.59 ACRES OF LAND, BEING
O UT OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK 12, LOT 2, WEST
LEA SUBDIVISION, SECTION 3, ABSTRACT 546, AS RECORDED IN VOLUME 12,
PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (FM 1128 AT
HERON LANE) (APPLICATION NO. 1111) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF ERIC E AND VISEETA BROWN, OWNERS, 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, Executive Director of
Community Services.
Councilmember Seeger made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Ordinance No. 509-667 (Application No. 1111) on its first reading.
Mayor Reid read into the record the planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1111.
City Manager, Bill Eisen, stated the applicant would like to build a single-family home on
the property.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-668 - 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
O F CERTAIN REAL PROPERTY LOCATION BEING 0 923 ACRES OF LAND, OUT OF
THE NORTH 1/2 OF THE NORTH 7/2 OF LOT 50, OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S SUBDIVISION, SECTION 19, BEING OUT OF THE H.T.
O B.R.R. COMPANY SURVEY, ABSTRACT 243, AS RECORDED IN VOLUME 2,
PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY TEXAS (1702 STONE
ROAD) (APPLICATION NO. 1114) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF JOHN WILLIAMS, OWNER, PROVIDING FOR AN AMENDMENT
O F THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
Page 8 of 16 -- 7/14/2003
RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community
Services.
Councilmember Viktorin made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Ordinance No. 509-668 (Application No. 1114) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to forward to Council for approval of Application No. 1114.
City Manager, Bill Eisen, stated the applicant intends to build a single-family home for
his own occupancy.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-90 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATION #1 SUPPLEMENT #8 FOR PRELIMINARY ENGINEERING
SERVICES AND PROGRAM MANAGEMENT SERVICES ASSOCIATED WITH THE
PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (MAGNOLIA ROAD
PROJECT). Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Resolution No. R2003-90.
City Manager, Bill Eisen stated this item would allow an alternate route to the original
route proposed and approved November 2001 He stated Council has the opportunity
to move forward with the current project or have a public hearing regarding this item.
Mr. Eisen stated he recommends a public hearing.
Councilmember Owens made the motion, seconded by Councilmember Marcott, to
table Resolution No. R2003-90.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 9 of 16 — 7/14/2003
COUNCIL ACTION — RESOLUTION NO. R2003-93 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 1 FOR THE CONSTRUCTION OF MISCELLANEOUS ROAD IMPROVEMENTS
(GROUP 2) ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM. Mr. Bill Eisen, City Manager.
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Marcott, to
approve Resolution No. R2003-93.
City Manager, Bill Eisen stated during the monthly report Turner, Collie and Braden
stated some changes that would have to be made in the design due to some
modifications made by the Texas Department of Transportation.
Councilmember Owens asked the reasons for the design changes by Texas
Department of Transportation.
Greg Hester, Turner, Collie and Braden, addressed Council and stated they did
coordinate with the Texas Department of Transportation in meetings during the permit
process. He stated plans and drawings were submitted for review.
Discussion ensued among Council, Staff, and Turner, Collie and Braden regarding the
modifications and pricing.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2003-94 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS AWARDING A BID FOR THE
INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF PEARLAND
PARKWAY AND BELTWAY 8. Mr. Bill Eisen, City Manager.
Councilmember Marcott made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Resolution No. R2003-94.
City Manager, Bill Eisen, stated this resolution is regarding a bid for the installation of a
traffic signal at the intersection of the Pearland Parkway Extension and Beltway 8. The
bid submitted by Trak-Tex Inc. is in the amount of $164,100.
Councilmember Marcott asked if the company has met the requirements regarding 60
days in the contract.
Page 10 of 16 — 7/14/2003
City Manager, Bill Eisen, stated there are conditions and specifications and an
agreement regarding the conditions has been met.
Councilmember Marcott asked if there were any references for the company.
Director of Projects, Joe Wertz, commented on the company's references.
Councilmember Marcott stated he has seen some signs posted on the roads.
Councilmember Owens stated that possibly on future bids, references be requested.
Discussion ensued among Council and Staff regarding the bid amounts and
recommendation letters.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1108 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE NO.
772, TREE PROTECTION AND PRESERVATION ORDINANCE, AND ESTABLISHING
NEW CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES OF
THE CITY OF PEARLAND TEXAS, PROVIDING MINIMUM STANDARDS;
PROVIDING FOR THE REPLACEMENT AND REPLANTING OF TREES THAT ARE
REMOVED DURING CONSTRUCTION, DEVELOPMENT OR PRE -DEVELOPMENT;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A
REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE Mr. Darrin Coker, City
Attorney.
Councilmember Seeger made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1108 on its first reading and strike the Loblolly from the list of
protected trees.
City Manager, Bill Eisen, stated Council has had several work shops regarding tree
preservation. He stated the existing Preservation Ordinance needs modifications to
make it much easier to read and understand.
City Attorney, Darrin Coker, stated he did provide the Councilmembers with a brief
summary of the changes made. He stated one of the issues regarding the tree
Page 11 of 16 - 7/14/2003
ordinance was the exemption for single-family residents. He stated single-family
residents are currently exempt under the existing ordinance He gave a brief example
of a concern regarding developers buying property for single-family homes and would
be exempt from the ordinance. Mr. Coker stated this has not been a problem in the
past. He further stated a back-up provision hasbeen placed in the new ordinance in
order to prevent such abuse. He gave an explanation regarding the diameter
measurements, 36 inches, for trees that would be protected by the ordinance. He
stated with the new changes to the ordinance, the City would be able to control any
decisions regarding mitigation and the tree trust fund. Mr. Coker addressed the
protected tree list and the concerns of the Loblolly Pine.
Lengthy discussion ensued among Council and Staff regarding the Loblolly Pine and
the removal from the tree protection list.
(Amended as requested by Councilmember Viktorin — 7/28/03 Regular Council Meeting)
Councilmember Viktorin stated he would like the minutes to reflect his reasoning for his
no vote. He stated he feels rules should be applied evenly to all landowners, regardless
if there is a dwelling on their land or not.
Discussion ensued among Council and Staff regarding the bonding requirement, old
town site protection, and undesirable trees.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, and Owens.
Voting "No" Councilmember Viktorin.
Motion Passed 4 to 1.
COUNCIL ACTION - RESOLUTION NO. R2003-96 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS AWARDING A BID FOR THE
PHASE I DEVELOPMENT OF THE ZYCHLINSKI OLDE TOWN PARK. Mr. Tom
Grieve, Parks and Recreation Director.
Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to
table Resolution No. R2003-96.
City Manager, Bill Eisen, stated a discussion took place concerning the development,
and his recommendation is to table the resolution. He stated additional information has
not been received at this time.
Councilmember Marcott asked for the completion time of the project.
City Manager, Bill Eisen, stated it is part of the bid process item, and he does not recall
Page 12 of 16 — 7/14/2003
the specific time line. He stated he would include this information on the future agenda.
Discussion ensued among Council and Staff regarding the bids received for the project.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 1119 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT
OF A SEPTIC SYSTEM AND AIR CONDITION SLAB. Mr. Darnn Coker, City Attorney.
Councilmember Owens made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Ordinance No. 1119 on its first reading.
City Manager, Bill Eisen, stated this item involves property located adjacent the City Fire
Station on East Broadway. He stated the property has two encroachments on the city
property. Mr Eisen stated the property owner s agreed to the standard form for Waiver
of Encroachment.
Councilmember Marcott asked if the City has intensions of future expansion in that
area.
City Attorney, Darrin Coker, stated he could not answer the question. He stated the
encroachments could be removed with no expense to the City for future expansion.
Councilmember Marcott asked if there is compensation to the City for the property
owner's mistake.
City Attorney, Darrin Coker, stated there is no compensation to the City because no one
is fully aware of the circumstances around the encroachment.
Discussion ensued among Council and Staff regarding the encroachment.
Bill Todd, Attorney, stated the survey indicates it is a septic system, but it is not He
stated it is a grinder as part of the sewer system. He stated the encroachment on the
survey is about 1 foot and 9 inches and the grinder is about 3 feet inside.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Page 13 of 16 - 7/14/2003
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2003-95 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE THE RENEWAL OF A "SUPPLY
AGREEMENT' WITH THE H-GAC ENERGY PURCHASING CORPORATION.
Mr. Bill Eisen, City Manager.
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2003-95.
City Manager, Bill Eisen, stated energy regulations took place some time ago and the
city, including other cities, decided to join the H-GAC creating a supply agreement. He
stated due to the pricing, City Staff is asking Council to authorize an agreement with H-
GAC for contracting services with TXU Energy.
Voting "Aye" Councilmembers Viktorin, Owens, Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1076-3 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, AMENDING
ORDINANCE NO. 1076 THE 2002-2003 ANNUAL BUDGET ORDINANCE, BY
AUTHORIZING CERTAIN ADDITIONS TO THE GENERAL FUND FOR MUNICIPAL
PURPOSES, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL
ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN
WITHOUT FURTHER APPROVAL OF CITY COUNCIL PROVIDING A SAVINGS
CLAUSE A SEVERABILITY CLAUSE, A REPEALER CLAUSE AND AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE
CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON .THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY. Mr. Tobin Maples, Executive Director of Community Services.
Councilmember Marcott. made the motion, seconded by Mayor Pro-Tem Tetens, to
approve Ordinance No. 1076-3 on its first reading.
City Manager, Bill Eisen, stated there is an increase in the number of building permits
issued by the City. He stated it has been hard to get the permits out on a timely basis.
Mr. Eisen stated additional personnel is needed in the Planning and Zoning Department
so permits could continue to go out on a timely basis. He stated a former employee of
Page 14 of 16 — 7/14/2003
the City is currently working for another community, but is willing to work with the City
on a contract basis to help with the permits Mr Eisen stated his recommendation is to
put a permanent staff position in place for the department.
Mayor Reid commented on the time frame it is currently taking to process permits.
Discussion ensued among Council and Staff regarding the current budget and the
possibility of having an additional staff member for the Planning and Zoning
Department.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:05 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING
APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager.
N EW BUSINESS (CONTINUED)*
Council returned from Executive Session at 9:47 p.m.
COUNCIL ACTION - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO
THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Marcott to
appoint to the Building/Fire Code Board of Adjustments, Richard Saltarelli to Position
N o. 3 expiring November 1, 2006, Bill Walsh to Position No. 5 expinng November 1,
2005, Susan Dietnch to Position No. 6 expiring November 1 2006; Civil Service
Commission, Pat Lopez to Position No. 1 expiring November 1, 2004, Brenda K. Crager
to Position No. 3 expiring November 1, 2006; Electncal Board, Ron Bavarian to Position
N o. 1 expiring November 1, 2004, Chris Brooks to Position No 2 expiring November 1,
2005, Robert Kettle to Position No. 3 expiring November 1, 2004 Chris Michna to
Position No. 4 expiring November 1, 2005, Gas and Plumbing Code Board of
Page 15 of 16 -- 7/14/2003
Adjustments, Mike Besser to Position No. 1 expiring November 1, 2005, Gary Shiver to
Position No. 2 expiring November 1, 2006, Ronald West to Position No. 3 expiring
November 1, 2007; Zoning Board of Adjustments, Marvin Elam to Position No 2
expiring November 1, 2005, Anne Talbot to Position No. 4 expiring November 1, 2005;
Pearland Health Facilities Corporation, Kathy Lund to Position No. 1 expiring November
1, 2005, Reverend Harold Gentry to Position No. 3 expiring November 1, 2005.
Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 9:50 p.m.
Minutes approved as submitted and/or corrected this 28 day of July A.D.,
2003.
ATTEST:
c
Y�. ng Lod r'M/
Sec=ary
Tom Reid
Mayor
Page 16 of 16 — 7/14/2003