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2008-08-04 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 4, 2008, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:05 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: Nick Finan Assistant City Manager; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager. NEW BUSINESS OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 6:07 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. Mayor Tom Reid. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH A CLASS ACTION LAWSUIT. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. 4. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. Mr. Darrin Coker, City Attorney. Page 1 of 4 — 8/4/2008 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 6:56 p.m. Mayor Reid called for a recess at 6:56 p.m. to conduct a Workshop. Mayor Reid called the Special Meeting back to order at 7:22 p.m. Mayor Reid with concurrence of Council moved to New Business Item No. 5, Resolution No. R2008-106. COUNCIL ACTION — RESOLUTION NO. R2008-106 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE 2008 CERTIFIED APPRAISAL ROLL FOR BRAZORIA COUNTY AND ASSOCIATED NEW CONSTRUCTION VALUES FOR BRAZORIA COUNTY IN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-106. City Manager Bill Eisen stated the information provided to Council is a Certified Appraisal Roll from Brazoria County. The City is waiting for a Certified Appraisal Roll from Harris County and Fort Bend County. The Brazoria County Certified Appraisal Roll for 2008 net taxable value including an allowance for value of properties is $5,439,105,026. This total includes properties that are still under protest and could possibly be lower. Voting "Aye" Councilmember Owens, Saboe, Beckman, Kyle, and Cole Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-107 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE EXTENSION OF BUSINESS CENTER DRIVE. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-107. City Manager Bill Eisen stated, with traffic issues in the area of Business Center Drive, Staff feels it is a good time to investigate the feasibility and cost associated with the extension of Business Center Drive from Broadway to CR 59. The Pearland Economic Development Corporation has agreed to participate in the project to explore options that will improve the mobility to and from the new businesses in the area. This item is a Page 2 of 4 — 8/4/2008 contract with Freese & Nichols, Inc. for preliminary engineering services for the Extension of Business Center Drive. Councilmember Cole stated the contract asks for a ninety -day review and in his experience this firm has a history of dragging things out beyond their deadline. Assistant City Manager Mike Hodge stated it is the understanding of Staff that this item will be completed in ninety days. He stated an issue in the past has been with the surveying portion and on this project the firm will utilize a subcontractor for the surveying services to help expedite the project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a recess at 7:29 p.m. to conduct a Workshop. Mayor Reid called the Special Meeting back to order at 10:51 p.m. Council adjourned into Executive Session under Texas Government Code at 10:51 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. Mayor Tom Reid. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH A CLASS ACTION LAWSUIT. Mr. Darrin Coker, City Attorney. 3. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. 4. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:50 p.m. Page 3 of 4 — 8/4/2008 COUNCIL ACTION — REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City Council. Councilmember Cole made the motion, seconded by Councilmember Saboe, to appoint David Smith to Position No. 4, expiring November 1, 2009, and Jerry Acosta to Alternate Position A2, expiring November 1, 2009, on the Zoning Board of Adjustments. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH A CLASS ACTION LAWSUIT. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. No action taken by Council. COUNCIL ACTION — REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:51 p.m. Minutes approved as submitted and/or corrected this the 11`" day of August, A.D., 2008. iEL Tom Reid Mayor /..✓�.�//<< -_ice � � Page 4 of 4 — 8/4/2008