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2003-05-05 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF PEARLAND, TEXAS, HELD ON MAY 5, 2003, AT 7:00 P.M., IN 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 Woody Owens Richard Tetens Charles Viktorin Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing THE CITY OF THE COUNCIL Others in attendance: Deputy City Manager Alan Mueller, City Engineer John Hargrove, Director of Finance Mary Ross. PURPOSE OF MEETING: FIRST AND ONLY READING OF ORDINANCE NO. 741-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF PROMOTING ORDERLY DEVELOPMENT IN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. John Hargrove, City Engineer and Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 741-4 on its first and only reading. City Manager, Bill Eisen, stated this issue has been discussed previously and changes have been made to the ordinance per the discussions. The three changes are a specific reference that has been added to the provisions of the City Codes relating to the maintenance requirements of the pump detention facilities, a cash deposit of the escrow is now required, and a back up system for the pumps in the event of not using a drainage overflow valve. Page 1 of 3 - 5/5/2003 Councilmember Marcott stated he does not support pump detention and other ways should be used for the water flow. He stated pumps fail and sometimes do not work. He stated a developer on Harkey Road has found away to solve his water problem without pump detention. He asked for some clarifications on the wordage of the ordinance. `--r City Attorney, 'Darrin Coker, stated he the verbiage should not cause any future legal concerns. Governmental bodies have to maintain pump detention facilities for the public safety and health and welfare of the community. Lengthy discussion ensued among Council and Staff regarding sections of the ordinance. Councilmember Tetens suggested amending the ordinance to include an emergency clause. City Attorney, Darrin Coker, stated the ordinance could be amended or Council could decide to discuss this ordinance and hold on voting until the next Council Meeting. Additional discussion ensued among Council and Staff regarding the provisions to the ordinance. Councilmember Tetens stated he does agree with Councilmember Marcott on the concerns of pump detention, however, in some circumstances pump detention is necessary and he supports the ordinance. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, and Seeger. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. ADJOURNMENT Meeting was adjourned at 8:47 p.m. Page 2 of 3 - 5/5/2003 r" Minutes approved as submitted and/or corrected this 12th day of May A.D., 2003. ATTEST: Tom Reid Mayor Page 3 of 3 - 5/5/2003