2007-08-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 27, 2007, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 8:22 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Steve Saboe
Councilmember
Woody Owens
Councilmember
Helen Beckman
Councilmember
Felicia Kyle
Councilmember
Kevin Cole
City Manager
Bill Eisen
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Danny Cameron Public Works Director; Jack Colbath Director of
Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan
Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance
Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of
Economic Development Corporation; June Ellis Budget Analyst; Pat Riffel Municipal
Court Administrator; Mattie Culver Public Affairs Manager; Jay Chapman Police
Captain; Shari Coleman Animal Control Supervisor; John Knight Information
Technology Manager.
The invocation was given by Pastor Gill with the Pearland Ministerial Alliance and the
Pledge of Allegiance was led by Police Chief JC Doyle.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported August 15, he spoke at the Pearland Independent School District
New Teachers Breakfast, represented the City at the Groundbreaking for Glenda
Dawson High School, and at the Indian Council Reception; August 16, cut the ribbon at
the Bailey/Oiler Overpass Opening and presented a Proclamation for the 25th
Anniversary of Keep Pearland Beautiful; August 17 — 18; attended the Texas Municipal
League Region No. 14 Meeting at Moody Gardens; August 18, spoke at the Scout
Troop 404 Eagle Scout Court of Honor; August 20, attended the Chamber of Commerce
Luncheon for Senator Cornyn, the Council Workshop, and the Planning and Zoning
Commission Public Hearing; August 21, attended the Legislative Breakfast sponsored
by the Port Alliance and the Council Workshop; August 22, met with City Manager Bill
Eisen, Executive Director of Economic Development Fred Welch, and Dr. Lindeman,
San Jacinto College Chancellor; August 23, attended the Development Review
Committee Meeting, the Bay Area Transportation Partnership Board of Directors
Meeting, and represented the City at Harris County Judge Ed Emmitt's presentation to
Page 1 of 14 — 8/27/2007
the Houston Engineering Society; August 24, attended the H -GAC Transportation Policy
Council Board of Directors Meeting and introduced Congressman Nick Lampson at the
Public Meeting; August 25, attended the Touchdown Club Event; August 26, spoke at
the Dedication of new Pearland Independent School District Schools: Barbara Cockrell
Elementary School, Alexander Middle School, and Magnolia Elementary School.
Mayor Reid and Mayor Pro -Tem Saboe presented a proclamation to Houston Chapter
of American Payroll Association Members Debbie Horton, CPP, Alane Johnson, CPP,
and Nicole Myers, CPP proclaiming September 3-8, 2007 as "National Payroll Week."
COUNCIL ACTIVITY REPORTS
Councilmember Owens reported he attended the Pearland Neighborhood Centers'
Annual Fundraiser where they raised $108,000 compared to the $93,000 raised the
previous year. He attended the breakfast with the Port of Houston Alliance and Monthly
Chamber of Commerce Meeting.
Councilmember Beckman reported she attended the Texas Recycling and Sustainability
Summit and the Urban Land Institutes Urban Green Meeting. She also attended the
opening of the Oiler/Bailey overpass, the Brazoria County Cities Association Meeting in
Clute, TX, and the Keep Pearland Beautiful 25th Anniversary Event.
Mayor Pro -Tem Saboe reported he attended the Urban Land Institute's Urban Green
Meeting to learn more about building green and the Oiler/Bailey Road Overpass
Opening. He thanked Police Chief JC Doyle and officers who helped with traffkeep the
first day of school in Pearland safe with traffic control.
Councilmember Kyle passed on giving a report and stated she is happy to see the
Oiler/Bailey Road Overpass open.
Councilmember Cole stated he wanted to give credit to Staff and contractors who
worked on the Oiler/Bailey Road Overpass for completing the job in a timely matter in
spite of the rain. He attended the Oiler Fan Fest and hopes to see a wonderful year for
the team.
CITY MANAGER'S REPORT
City Manager Bill Eisen passed on giving a report.
CITIZENS
Carol Artz, Pearland Chamber of Commerce President, addressed Council and stated
she is present to discuss the Las Colinas trip. Staff of the Chamber of Commerce
learned a lot on this trip and have been able to implement several of the items
Page 2 of 14 — 8/27/2007
presented. She feels it is important for the City to focus on bringing business to the
City. Several retail facilities remain empty and businesses are closing. The Chamber is
willing to work with the City to bring more businesses to Pearland.
Gary Bucek, Pearland Chamber of Commerce Chairman, addressed Council and stated
the Chamber of Commerce attended the Las Colinas trip along with most of the City
Council. The goal was to share some ideas on how to bring corporate jobs to Pearland.
Mr. Bucek provided Council with an overview of the trip and stated it is time for the
Pearland Chamber of Commerce to go to the next level and bring the City along with it.
Kelly Stevenson, 3316 Glastonbury, addressed Council and stated she represents the
Hickory Creek Subdivision near Old Alvin Road. The Subdivision is less than the
required two-mile distance for bus transportation to and from Barbara Cockrell
Elementary School. The residents of the subdivision would like to see sidewalks placed
along Old Alvin Road for the safety of the children walking to and from school. Several
other roads in the area have sidewalks and as tax payers, they feel they should have
the same convenience.
Nancy Kozanecki, 3705 Pine Branch Drive, addressed Council and stated she feels that
drainage is important to Council but if you build detention ponds and do not maintain
them, then they do not help with drainage. The City of Pearland is not maintaining its
own detention ponds. She feels the cost of maintaining detention ponds can be
lowered. More people in the City need to care about their own detention ponds, and the
City needs to put more focus in their Ordinances to help with the issues.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of the August 13, 2007, Public Hearing held at 6:30 p.m.
2. Minutes of the August 13, 2007, Special Meeting held at 7:30 p.m.
3. Minutes of the August 13, 2007, Regular Meeting held at 7:30
p. M.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1326 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING
THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2006-121; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE
#17), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT
Page 3 of 14 — 8/27/2007
AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Fred Welch, Executive Director of Economic Development.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-36 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 10.00 ACRES OF LAND, ABSTRACT 242, H.T. & B.R.R.
COMPANY SURVEY, TRACT 1A5, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
OLD CHOCOLATE BAYOU ROAD, AND APPROXIMATELY 1,300
FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE
APPLICATION NO. 2007-08Z), FROM GENERAL BUSINESS
RETAIL DISTRICT (GB) AND SINGLE FAMILY RESIDENTIAL — 1
DISTRICT (R-1) TO GENERAL COMMERCIAL DISTRICT (GC), AT
THE REQUEST OF DOMODAR BATTU, APPLICANT FOR KUBERA
INVESTMENTS PARTNERSHIP, OWNER, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2007-131 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AMENDING THE REGULAR MEETING
TIMES AND DATES FOR SEPTEMBER 2007 TO ENSURE
COMPLIANCE WITH STATUTORY BUDGETARY TIMELINES.
Mr. Darrin Coker, City Attorney.
Councilmember Cole asked that Consent Agenda Item C be removed from the Consent
Agenda for further discussion.
Councilmember Owens made the motion, seconded by Councilmember Cole, to adopt
Consent Agenda Items A through D with the exception of item C, as presented on the
Consent Agenda.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Page 4 of 14 — 8/27/2007
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Cole Consent Agenda Item C was removed for further
discussion.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 2000M-36 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 10.00 ACRES OF LAND, ABSTRACT 242, H.T. & B.R.R.
COMPANY SURVEY, TRACT 1A5, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
OLD CHOCOLATE BAYOU ROAD, AND APPROXIMATELY 1,300
FEET SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE
APPLICATION NO. 2007-08Z), FROM GENERAL BUSINESS
RETAIL DISTRICT (GB) AND SINGLE FAMILY RESIDENTIAL — 1
DISTRICT (R-1) TO GENERAL COMMERCIAL DISTRICT (GC), AT
THE REQUEST OF DOMODAR BATTU, APPLICANT FOR KUBERA
INVESTMENTS PARTNERSHIP, OWNER, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Assistant City Manager.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Ordinance No. 2000M-36 on its second and final reading.
Councilmember Cole stated it was his understanding, that Council had approved this
item to be zoned as General Business but the Agenda still shows General Commercial
zoning.
City Attorney Darrin Coker stated the previous approval was for General Business (GB).
There is an error on the agenda but the Ordinance has been corrected.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Page 5 of 14 — 8/27/2007
Motion Passed 5 to 0.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2007-135 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES
AGREEMENT WITH BRAZORIA COUNTY. Mr. Young Lorfing, City Secretary.
Councilmember Beckman made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2007-135.
City Manager Bill Eisen stated the next two items reference the November Election.
Item one is a contract with the County Election Office to conduct an election on the
initiative brought to the City to restrict smoking in public. The total of the contract is
$16,000 to conduct the election. Item two is the initiative.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-136 — A RESOLUTION ORDERING A
SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
PEARLAND, TEXAS, AN INITIATIVE FOR THE REGULATION OF SMOKING IN
PUBLIC PLACES. Mr. Young Lorfing, City Secretary.
Councilmember Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2007-136.
Councilmember Cole asked if the cost of the election is actually $8,000 instead of
$16,000.
City Secretary Young Lorfing stated cost for this election is $16,000 because the County
is holding an election of their own for the local option election and will be opening all
voting sites. This increases the cost of the total election which is then divided among all
entities holding an election. The cost is higher than the May Election because there are
fewer participants.
Discussion ensued between Council, City Attorney Darrin Coker, and City Secretary
Young Lorfing regarding the Election.
Page 6 of 14 — 8/27/2007
Mayor Reid stated the only area of concern with this Ordinance is prohibiting smoking in
bar type facilities. There are some exceptions, but he feels this would be difficult to
enforce.
City Attorney Darrin Coker stated the City Charter requires the Ordinance to submit the
Ordinance to voters as it was submitted to the City. If the Ordinance is passed by
voters, it can then be amended by Council to make it more appropriate for the
community.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 543-6 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE
CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING
REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY;
REVISING FARES AND FEES; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve
Ordinance No. 543-6, as amended.
City Manager Bill Eisen stated this item makes amendments to the existing Taxi Cab
Ordinance. The primary change allows the City to utilize resources from the City of
Houston's extensive taxi cab regulatory functions. Any cab already licensed in the City
of Houston would be automatically licensed in the City of Pearland. The Ordinance also
changes the permits fees. The Ordinance also allows larger companies to permit up to
100 vehicles but utilize their entire fleet as needed in the City.
Councilmember Saboe stated the summary refers to a 5% annual increase, but the
Ordinance refers to a 3% increase. Also, in the past there have been issues with
insurance coverages for smaller companies. He asked if Staff reviewed this Ordinance
to verify the insurance coverages are reasonable for small and large companies.
City Attorney Darrin Coker stated the Ordinance should also reflect a 5% annual
increase. Staff has reviewed the Ordinance with the cab companies to verify the
insurance coverages are reasonable and sufficient.
Page 7 of 14 — 8/27/2007
Councilmember Kyle stated the Unified Development Code addresses signs on
vehicles, but will there be issues on enforcing vehicles that are passing through. She is
mostly concerned about the vehicles that have signs advertising adult businesses.
City Attorney Darrin Coker stated, to his knowledge, the Unified Development Code
does not address vehicles that are passing through the City.
Assistant City Manager Nick Finan stated the Unified Development Code would only
apply to these vehicles if they remained parked in the City.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Ordinance.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to amend
Ordinance No. 543-6 to reflect a 5% annual increase.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed to 0.
Mayor Reid called for a vote on the amended motion.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-134 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR
ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE ANIMAL CONTROL
SHELTER RENOVATION AND EXPANSION PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Mayor Pro -Tem
Saboe, to approve Resolution No. R2007-134.
City Manager Bill Eisen stated this item proposed to hire the architectural firm
Architectural Design Services for the purpose of designing an expansion of the Animal
Control Shelter. The funds for the project are in the current year budget and the
contract amount is $37,050.
Page 8 of 14 — 8/27/2007
Councilmember Beckman stated she would like to see this building be built Green and
presented several suggestions on how to make the building Green.
Councilmember Saboe stated he would like Staff to ensure the Engineers are
conscientious of the budget and do what they can to stay within its confines.
Councilmember Owens stated most of the work for the project seems to be for dog runs
and he does not feel that the dog runs need to be extravagant for this type of facility.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-105 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER
ASSOCIATED WITH THE DIXIE FARM ROAD EXPANSION PROJECT.
Mr. Trent Epperson, Project Director.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2007-105.
City Manager Bill Eisen stated, in a previous Workshop, Council discussed several
options available with regard to modifications to existing waterlines at the intersection of
FM 518 and Dixie Farm Road. Based on these discussions a change order has been
prepared for the expansion of Dixie Farm Road concurrent with the requests of Council.
Discussion ensued between Council and Projects Director Trent Epperson regarding
the project.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-132 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING
SERVICES ASSOCIATED WITH THE SH 35 DETENTION PROJECT.
Mr. Trent Epperson, Project Director.
Page 9 of 14 — 8/27/2007
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Saboe, to
approve Resolution No. R2007-132.
City Manager Bill Eisen stated this item is for a project near McHard Road and SH 35.
The project requires services for the detention mitigation because of the flood plain.
The City of Pearland entered into an agreement with TxDOT to provide detention on
City owned land adjacent to the SH 35 Expansion Project in return for their offer to
include sidewalks on both sides of the roadway throughout the project, pavers in the
borders and medians, landscaping, street lighting throughout the project and
ornamental light poles throughout the Old Town Area. The contract is being proposed
with S&B Infrastructure, Ltd.
Councilmember Owens asked if the City selected any of the sub -contractors for this
project and stated he has a problem paying an administrative fee if the City did not
select specific sub -contractors.
Assistant City Manager Mike Hodge stated the City did not select any of the sub-
contractors for this project.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-133 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS FOR LAND
ACQUISITION AND APPRAISAL SERVICES ASSOCIATED WITH THE COWART
CREEK DIVERSION PROJECT. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Saboe made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2007-133.
City Manager Bill Eisen stated this item involves the acquisition of 35 parcels of property
associated with the Cowarts Creek Diversion Project. The proposed contract for the
acquisition portion is with Land Acquisition and the appraisal contract is with Texas
Land Professional, Inc. (TLP), in the amount of $105,000.00. The proposed appraisal
contract is with Integra Realty Resources in the amount of $87,500.00.
Councilmember Cole asked if there has been any initial feedback from the property
owners regarding this project.
Page 10 of 14 — 8/27/2007
Project Director Trent Epperson stated there has not been sufficient feedback at this
time but Staff does expect to receive some opposition from several property owners.
Discussion ensued between Council, City Attorney Darrin Coker, and Project Director
Trent Epperson regarding the project.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 1210-1 — AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER
23, PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES,
AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION
23-1.1 ENTITLED LOCAL AMENDMENTS, AND TO ADD A NEW SECTION 23-2, TO
BE ENTITLED OFFENSES AND PENALTIES; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE THE DISCHARGE OF FAT, OIL AND
GREASE INTO THE CITY'S SANITARY SEWER SYSTEM INURES TO THE BENEFIT
OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY. Mr. Danny Cameron, Director of Public
Works.
Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Saboe, to approve
Ordinance No. 1210-1 on its first and only reading.
City Manager Bill Eisen stated this item refers to several changes to the existing
Plumbing and Gas Ordinance. One change will delete the prohibition against shared
grease traps and eliminates the minimum size requirement. Additionally, businesses
with minor amounts of grease will be able to install small, under -sink traps rather than
the large system previously required.
Mayor Pro -Tem Saboe asked what the issue is that triggered Staff to feel this change
was necessary.
Public Works Director Danny Cameron stated the City has been getting a lot of smaller
business such as daycare centers that do not need a 500 -gallon grease trap and could
utilize a smaller grease trapping system. Also, when a retail facility has several
restaurants in one location, it is more practical for the facilities to share a large grease
trap.
Page 11 of 14 — 8/27/2007
Discussion ensued between Council and Public Works Director Danny Cameron
regarding the Ordinance.
Voting "Aye" Councilmembers Cole, Kyle, Saboe, Beckman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2007-137 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR
ENVIRONMENTAL SERVICES ASSOCIATED WITH THE BARRY ROSE EXTENSION
PROJECT. Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Mayor Pro -Tem
Saboe, to approve Resolution No. R2007-137.
City Manager Bill Eisen stated Council has been made aware regarding issues
associated with a wetlands violation near the location where Barry Rose Road will be
extended along Clear Creek. The violation was not committed by the City, however, it
will significantly affect how the City will complete the Barry Rose Extension Project. The
proposed contract is with Crouch Environmental Services Inc. to provide assistance to
the City on several necessary items and the total amount is $35,390.00.
Mayor Pro -Tem Saboe stated the summary states the contract will be funded by the
existing budget and the results of the mitigation plan will be used determine the reduced
value of the property in the land acquisition process. He asked if this contract is
involved in the mitigation and if Staff has approached the property owner to avoid any
further issues.
Project Director Trent Epperson stated this contract is not involved in the mitigation.
The property owner is aware the City is acquiring the land and the wetlands violation.
Discussion ensued between Council, City Attorney Darrin Coker, and Project Director
Trent Epperson regarding the project.
Voting "Aye" Councilmembers Owens, Beckman, Saboe, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
Page 12 of 14 — 8/27/2007
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:12 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE
SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY
FACILITIES. Mr. Darrin Coker, City Attorney.
3. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY —
REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE.
Mr. Darrin Coker, City Attorney.
4. SECTION 551.074 — PERSONNEL MATTERS — REGARDING
APPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND
COMMISSIONS. City Council.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 12:26 p.m.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY — CITY FACILITIES. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH
LAND USE. City Council.
No action taken by Council.
COUNCIL ACTION — REGARDING APPOINTMENTS TO THE CITY'S VARIOUS
BOARDS AND COMMISSIONS. City Council.
Page 13 of 14 — 8/27/2007
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 12:27 p.m.
Minutes approved as submitted and/or corrected this the 8th day of October, A.D.,
2007.
cl
ATOS
Y ng Long—, TR>fc
Secretary
Tom eid
Mayor
Page 14 of 14 — 8/27/2007