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2008-08-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 25, 2008, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:45 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Woody Owens Steve Saboe Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; 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; Roland Garcia Fire Marshal; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer; June Ellis Budget Officer. The invocation was given by Mayor Pro -Tem Beckman and the Pledge of Allegiance was led by Police Chief J.C. Doyle MAYOR'S ACTIVITY REPORT Mayor Reid reported August 12, he attended the Development Authority Meeting and the Meeting of the Nomination Committee of the Boy Scout District; August 13, he spoke at the Pearland Area Chamber of Commerce New Leadership Breakfast and attended Senator Hutchinson's Reception at the San Jacinto Museum; August 14, attended the Pearland Arts League Board of Directors Meeting, the Pearland Area Chamber of Commerce Ribbon Cutting for local new businesses, and the Bay Area Builders Association Monthly Luncheon, the HEB Plus After Hours Reception, joined Executive Director of Economic Development and new developers, and completed New Employee Video Comments; August 15, attended the Firestone Breakfast and Ribbon Cutting and the Exchange Club Annual Roast and Toast of Judy Perkins; August 16, attended the Texas Municipal League Region No. 14 Annual Meeting; August 17, spoke at the Senior Citizen Honor Luncheon and attended the Dryer Ice Cream National Community Award to South Russett Place; August 18, attended the Agenda meeting, Council Workshops and Council and Planning and Zoning Commission Joint Public Page 1 of 12 — 8/25/2008 Hearings; August 19, attended the H -GAC Monthly Board of Directors Meeting; August 20, attended the presentation of Jim Brazell's "Emergency Technology", Congressman Lampson's "Quality City" Event, Speaker at the Walmart Health Care Clinic Ribbon Cutting, and welcomed the Brazoria County Cities Association to Pearland; August 21, presented a certificate to Gary Trietsch at the Pearland Area Chamber of Commerce Luncheon and attended the Gulf Coast Water Authority Board of Directors Meeting; August 22, attended the Transportation Policy Council Board of Directors Meeting; August 23, met briefly with Senator John Cornyn and welcomed him to Pearland and attended the leveling of The Comer Store for the Miller Junior High School; August 24, speaker at the Formal Opening of the Miller Junior High School; August 25, Chaired the Development Authority of Pearland Board of Directors Meeting, attended the Tax Increment Reinvestment Zone No. 2 Board of Directors Meeting, and the Pearland Economic Development Corporation Meeting. Mayor Reid introduced Stacy Adams and stated Mr. Adams is running for the office of Brazoria County Commissioner. COUNCIL ACTIVITY REPORTS Councilmember Owens reported there is a new King and Queen in Pearland and the event raised a little over $125,000 for the Neighborhood Center. He also attended the reception for Senator John Cornyn. Councilmember Saboe passed on giving a report. Mayor Pro -Tem Beckman reported she attended the Texas Municipal League Region 14 Meeting in Galveston, Texas. She also attended a ceremony at a new home in Shadow Creek Ranch which was donated by Perry Homes through an organization called Honor for Heroes. The Honor for Heroes organization is a group that does good things like providing homes for disabled Veterans. Pearland hosted the Brazoria County Cities Association and she wanted to thank the City Staff and sponsors for organizing and setting up the event. Councilmember Kyle stated there is a trend for of elected officials, that serve Harris County and Brazoria County to become more interested in Pearland and they want information on how to become involved in the community. The Pearland Area Chamber is doing a fantastic job helping the elected officials and want -to -be elected officials in the community and sister counties. Councilmember Cole stated he wanted to remind everyone that school is back in session and school zones need to be recognized and drivers need to be mindful of children in the area. The City of Pearland has seven school districts represented within its city limits. He attended the Pearland Area Chamber of Commerce luncheon as a farewell to Gary Trietsch from TxDOT. Page 2 of 12 — 8/25/2008 CITY MANAGER'S REPORT City Manager Bill Eisen stated with the exception of Emergency Services, City Offices will be closed September 1, 2008 in observance of the Labor Day Holiday. CITIZENS None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 11, 2008, Public Hearing Meeting held at 6:30 p.m. 2. Minutes of the August 11, 2008, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-17 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-16 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Assistant City Manager. Page 3 of 12 — 8/25/2008 D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1353 — 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 #20), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT 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; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-21 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, SHOWN IN THE MINOR SUBDIVISION PLAT FOR SHEPHERD OF THE HEART, BEING A SUBDIVISION OF 10.00 ACRES IN THE H.T. & B. R.R. CO., ABSTRACT NO. 564, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON 12005 CR 59), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-21), TO ALLOW A PRIVATE SCHOOL IN AN EXISTING CHURCH FACILITY LOCATED IN THE SINGLE-FAMILY ESTATE DISTRICT (R -E); AT THE REQUEST OF HERITAGE CHRISTIAN ACADEMY, APPLICANT FOR SOUTH UMC, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC Page 4 of 12 — 8/25/2008 AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-94 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE ORANGE STREET PARK AS "HUNTER PARK" IN HONOR OF ROBERT L. AND JULIE MARTIN HUNTER. Mr. Jon Branson, Parks and Recreation Director. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A PUMPER TRUCK. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A MECHANICAL SERVICES CONTRACT ASSOCIATED WITH EQUIPMENT LOCATED IN THE CITY WATER AND WASTE WATER PLANTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through I with the exception of item D, F, & G as presented on the Consent Agenda. Voting "Aye" Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Beckman Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED Page 5 of 12 — 8/25/2008 DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000-T-8. City Manager Bill Eisen stated this item is the second reading of an Ordinance which makes a variety of amendments to the Unified Development Code. Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Cole Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-21 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, SHOWN IN THE MINOR SUBDIVISION PLAT FOR SHEPHERD OF THE HEART, BEING A SUBDIVISION OF 10.00 ACRES IN THE H.T. & B. R.R. CO., ABSTRACT NO. 564, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON 12005 CR 59), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-21), TO ALLOW A PRIVATE SCHOOL IN AN EXISTING CHURCH FACILITY LOCATED IN THE SINGLE-FAMILY ESTATE DISTRICT (R -E); AT THE REQUEST OF HERITAGE CHRISTIAN ACADEMY, APPLICANT FOR SOUTH UMC, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve to approve Ordinance No. 2000CUP-21. Page 6 of 12 — 8/25/2008 City Manager Bill Eisen stated this item is a Conditional Use Permit application for the location of a church associated school. Councilmember Cole stated he will abstain from voting on this item because he is a Boardmember for the school and his wife is employed by the school. He further stated he has the appropriate Affidavit on file. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Kyle. Voting "No" None. Abstain Councilmember Cole Motion Passed 4 to 0, with one abstention. As requested by Mayor Pro -Tem Beckman Consent Agenda Item G was removed for further discussion. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-94 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE ORANGE STREET PARK AS "HUNTER PARK" IN HONOR OF ROBERT L. AND JULIE MARTIN HUNTER. Mr. Jon Branson, Parks and Recreation Director. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-94. City Manager Bill Eisen stated this item would name the Orange Street Park as Hunter Park in honor of Robert L. and Julie Martin Hunter. Councilmember Beckman stated she pulled this item because she feels that if the City is going to name a facility to honor historic people in Pearland it should not be included on the Consent Agenda. She is in favor of naming this park after Robert L. and Julie Martin Hunter. Mayor Reid and Parks and Recreation Director Jon Branson presented the Parks and Recreation Boardmembers with a Resolution No. R2008-94 naming Hunter Park. Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS Mayor Reid with concurrence of Council moved to New Business Item No. 5, Resolution No. R2008-123. Page 7 of 12 — 8/25/2008 COUNCIL ACTION — RESOLUTION NO. R2008-123 — A RESOLUTION EXPRESSING THE CITY'S INTEREST IN PARTICIPATING IN A PROPOSED SPORTS AND RECREATION COMPLEX IN PEARLAND, TEXAS AND RESOLVING OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to discuss Resolution No. R2008-123. City Manager Bill Eisen stated, due to an issue with posting, this item Council will be able to discuss the item, but cannot take action. The City has been involved in discussion with the USA Partners Sports Alliance with regards to a sports park that will be primarily a baseball facility. The capital improvement program projects that, due to funding limitations, only phase 1 of the facility can begin construction in 2012 and end in 2013. If the project is successful, there would be a phase 1 and a phase 2 of construction. Discussion ensued between Council, City Manager Bill Eisen, Rick Witte, Andrews and Kurth, LLP, Frank Ildebrando, RBC Capital Markets, and Gregg Jones, Andrews and Kurth, LLP regarding the Resolution. Gregg Jones, Andrews and Kurth LLP, stated the estimated potential sponsorship numbers are based on an economic study performed by USA Sports Alliance. As the sponsorships for this sports park become more successful, when the old sponsorships run out, the City will be able to replace them more easily. He recommends that the City get a third party to review the economic study performed by USA Sports Alliance and give their opinion of what the potential sponsorship will be. If the revenues develop as projected, the City will not be spending any more tax dollars on this project than if they issued the $8.4 million in tax bonds. Councilmember Saboe stated, if the revenue dollars were real and over the term of the note that is being paid at $1.6 million a year, the revenue is $1.6 million a year, then the City would really not be paying anything. Mr. Saboe asked what the obligation, as it is drafted does to the ability of the City to take on future debt. Gregg Jones, Andrews and Kurth LLP, stated the market will see that the City is revenue sufficient to cover debt service and it will not have an impact on the normal debt program as planned. Councilmember Saboe asked what will the situation be for the City building this facility and in several years the economy changes and there is no longer a revenue string. Gregg Jones, Andrews and Kurth LLP, stated there are a number of alternatives scenarios that could occur in the next twenty-five years. One possibility is that at the end of five years the amount of revenue is reduced by fifty -percent and the City would pretty much be back to where they would have been in the beginning. The City wouldn't have a negative effect unless the revenue dropped below one -million. Page 8 of 12 — 8/25/2008 Discussion ensued between Council, City Manager Bill Eisen, and Gregg Jones, Andrews and Kurth, LLP regarding the Resolution. Councilmember Kyle stated she feels the concept is very unique and is one that she is excited about. The structure behind the project is not very clear and leaves questions such as how much of the risk for this project is the City bearing versus how much of the risk the partner is bearing. The presentation of the project leans toward the appearance that the City is taking all the risk and the partner is taking all the reward. Councilmember Cole stated he feels the City is interested in this project, but has questions that need to be answered. It is important to verify the City and its citizens are protected. One of the goals he wanted to see is for Phase I and Phase II of this project to be placed on the fast track without the City having the increase expenditures. He does agree that the numbers need to be verified by a third party, but he is excited because it appears there is a workable format for the project. Mayor Reid stated he feels the plan is good and the project is workable and the facility would be a good asset for the City of Pearland. Councilmember Owens stated he feels more information is needed for the project, but it is one that he supports. He would like to see the City use revenue bonds to avoid paying the 8.4 million discussed in the beginning. The population in the area will be thriving and Pearland will get its share of people that can utilize this facility. Councilmember Beckman stated she is excited about the possibilities. There are items that need to be taken care of, but she is optimistic about the project. Discussion ensued between Council, City Manager Bill Eisen, and Tim Dolan, USA Partners regarding the project. No action taken by Council. Mayor Reid with concurrence of Council moved back to New Business Item No. 1, Resolution No. R2008-123. COUNCIL ACTION — RESOLUTION NO. R2008-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT (FM1128 TO VETERANS). Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-120. Page 9 of 12 — 8/25/2008 City Manager Bill Eisen stated the Bond Election included funding for the Bailey Road extension from Veterans Drive to just west of the FM1128 intersection. The City has been engaged in the process of selecting an engineering firm to oversee all aspects of the engineering for the project. Eighteen Statement of Qualifications were submitted for review in response to a Request for Qualifications. The firms that were interviewed were Wilbur -Smith Associates, AIA Engineers, Inc., and LJA Engineering & Surveying. Based on the qualifications and the interview the recommended firm is Wilbur -Smith Associates and the total for the contract $1,710,346. Councilmember Saboe asked for clarification on the additional services and stated the number is a little high considering the City has already spent funds on preliminary engineering services. Assistant City Manager Mike Hodge stated the additional services apply to the original Preliminary Engineering Report and securing additional work that is needed for that phase of the design. Councilmember Owens asked if Staff reviewed the options of concrete versus asphalt. Assistant City Manager Mike Hodge stated Staff did review the options of what it would take to construct an asphalt equivalent to concrete curb and gutter. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the project. Councilmember Cole stated he would like to see the City annex at least 1000 -feet of the road to enable the City to control what type of development is done in that area. Councilmember Owens stated the budget for this project needs to be used wisely because it should be understood that Council does not like to see a lot of change orders on a project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-117 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES ASSOCIATED WITH HUNTER PARK. Mr. Jon Branson, Parks and Recreation Director. No Council action taken; passed to a future Agenda. Page 10 of 12 — 8/25/2008 COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1354 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ' 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. Mr. Danny Cameron, Public Works Director. Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to approve Ordinance No. 1354 on its first and only reading. City Manager Bill Eisen stated, as a result of a study performed by TxDOT, and taking into consideration the Berry Miller Junior High School has opened, Staff is recommending expand the existing school zone an additional 0.2 miles. Mayor Reid stated expanding the school zone would end shortly before another school zone and it would possibly be better to combine the school zones as one. Councilmember Cole stated this action will take the school zone to just south of Mary's Creek, it does seem that it would possibly be better to have one continuous school zone. Assistant City Manager Mike Hodge stated the school zones are very localized to the property itself and combining the school zones is not an option. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING STAFF TO NEGOTIATE A GENERAL ENGINEERING CONSULTANT CONTRACT ASSOCIATED WITH THE UTILITIES MANAGEMENT PROGRAM. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-122. City Manager Bill Eisen stated this item is that Staff has been working towards modified program management where a firm is selected to perform the program management for the City. The City has gone through a selection process and Staff is recommending the firm of Pate Engineers, Inc. for the Utilities Program Management. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Page 11 of 12 — 8/25/2008 Voting "No" None. Motion Passed 5 to 0. Project Director Trent Epperson introduced Teresa Battenfield the new Assistant Project Director stating that she has twenty-three years experience and will be a good asset to the City of Pearland. Mayor Reid stated Council will not hold the Executive Session because the items were discussed in an earlier meeting. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. NEW BUSINESS (CONTINUED): COUNCIL ACTION — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:29 p.m. Minutes approved as submitted and/or corrected this the 15th day of September, A.D., 2008. ATTEST: - r / Tom Reid Mayor Page 12 of 12 — 8/25/2008