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2005-10-03 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 3, 2005, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:45 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Woody Owens Larry Marcott Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Charles Viktorin and Councilmember Richard Tetens. Others in attendance: Executive Director of Economic Development Corporation Fred Welch; City Engineer Doug Kneupper; and Purchasing Officer Gordon Island. PURPOSE OF THE MEETING: Mayor Reid with concurrence of Council moved to Item No. 2. COUNCIL ACTION — RESOLUTION NO. R2005-148 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE MCHARD ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-148. City Manager Bill Eisen stated the McHard Road Project is a TxDOT Project that was originally designed under assumptions regarding ground water in the area. As this construction has progressed, the ground water that was expected has not been noticed. This action is to approve Change Order No. 2 for the construction that takes into account the lack of ground water, which goes back to the type of construction we prefer. He stated this would be better for the City in the long run. The amount of the change order is approximately $64,000. Councilmember Owens asked if they expected to have ground water at that elevation, and if they had well points in there somewhere. Page 1 of 7 — 10/3/2005 Project Director Joe Wertz stated this was TxDOT's idea to protect the sub grade instead of the temporary constructability methods. They wanted permanent protection, because they decided there was going to be some ground water. Discussion ensued between Council and Project Director Joe Wertz regarding the project. Councilmember Owens stated we should go back and review the first change order. He also stated Mr. Wertz should get a copy of the original bid items on the contract from TxDOT because there should probably be some well points. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2005-147 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2006 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Mayor Tom Reid. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-147 as amended. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to amend the motion to have Mayor Reid serve as a Representative and Councilmember Tetens to serve as Alternate Representative for the City of Pearland. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. Page 2 of 7 — 10/3/2005 COUNCIL ACTION — RESOLUTION NO. R2005-149 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-149 as amended to add Jo Knight as the City of Pearland's nominee. City Attorney Darrin Coker stated that annually the City has to appoint someone to the Brazoria County Appraisal District Board of Directors. The District has sent out a notice to governmental entities notifying the City to come up with a nominee by October 14, 2005. The Appraisal District will then come up with a list of candidates and it will be sent to the entities. By December 15, 2005 the City will have to cast votes. City Manager Bill Eisen stated this is a nomination process. Because of the structure in which the election actually takes place later in the process, each of the taxing entities cast a number of votes that is based on the ratio of the tax levy of that individual taxing entity to the total property tax levy within the County, which consists of all the taxing entities. Because of that, the City does not have enough votes to elect anyone, so what has traditionally happened is the City of Pearland, Pearland Independent School District, and Alvin Independent School District all work together to support a candidate. The current incumbent is Jo Knight, who has indicated she is willing to serve again. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to nominate Jo Knight to serve on the Board of Directors for the Brazoria County Appraisal District. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. COUNCIL ACTION — SUBDIVISION ACCEPTANCE OF AVALON TERRACE SECTION 1. Mr. Doug Kneupper, City Engineer. Page 3 of 7 — 10/3/2005 Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Avalon Terrace Section 1. City Manager Bill Eisen stated this is an acceptance of a subdivision which has been certified by the Engineering Staff. The developer has met all of the City's requirements in the Subdivision Ordinance and is therefore presented to be accepted formally by Council. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. COUNCIL ACTION — RESOLUTION NO. R2005-146 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR NEWSPAPER PUBLICATION SERVICES TO A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2005-146. City Manager Bill Eisen stated this is an event process the City goes through to select an official newspaper for the City in which all of our bids and other legal notices are published. One bid was received from each of the following newspapers: The Pearland Reporter News, the Pearland Journal, and the Houston Chronicle. The lowest bid submitted was by the Pearland Reporter News at $0.48 a column inch; the second lowest was the Pearland Journal at $0.68 a column inch; and finally the Houston Chronicle at $157. a column inch for daily publication. Based upon those numbers, the Reporter News was recommended. Margaret Chasteen, with the Pearland Journal, stated it is her understanding the City of Pearland wants to reach as many residents and business owners in Pearland when publishing their legal notices in the City. She stated their paper reaches a substantial number of residents in the City of Pearland, as shown in a handout given to Council. Those numbers are effective as of October 4, 2005. In the beginning of 2004, the Pearland Journal had a circulation of 4,268. Later in October of 2004, the circulation was increased to 19,100. The Pearland Journal has a full-time staff that lives nearby its location. As of this week the Pearland Journal will increase their circulation by 2,300 homes, giving them a total of 21,400 newspapers for the City of Pearland. Their plan is to add newspapers as new homes are being built in neighborhoods. Page 4 of 7 — 10/3/2005 This means when a new homeowner comes into the City, they will be given their community newspaper to help them become familiar with the areas schools, churches and retail businesses. She asked that Council would award the bid for the Official Newspaper for the City of Pearland to the Pearland Journal. Councilmember Marcott asked if the total newspapers in circulation by neighborhoods were for houses or residents. He stated that Rustic Oaks is a 25 home Subdivision and he wasn't sure why each house would be receiving 4 papers each according to Ms. Chasteen's numbers on the hand out. Margaret Chasteen, with the Pearland Journal, stated the number of papers may be for an area that is around Rustic Oaks or also some other homes nearby. Randy Emmons, Owner of Pearland Reporter News, stated the only thing the City Charter and the State of Texas are concerned about is paid circulation, which is a Second -Class Mailing Permit. Mr. Emmons stated the Pearland Reporter News has a Second -Class Mailing Permit. They have served as the official newspaper for the City for the last eight years. They meet all the City and County requirements and are also the lowest bidder for the bid. Mayor Pro -Tem Cole stated he wished there was a way to reach more people in our community. He likes what the Pearland Journal has done for the City as far as reaching more people and putting more papers out on the west side of town to include them in the City. He suggested that the City could utilize the Pearland Journal from time to time to get word out for a special event or important information. He stated at one time the City advertised in two papers to increase the reach and to make sure no one was left out. City Manager Bill Eisen stated the budget for newspaper publication services is $25,000. Margaret Chasteen, with the Pearland Journal, stated one reason the bid is higher than the opponents is because there are more newspapers being printed and distributed throughout the City of Pearland. Councilmember Owens asked if there was something in the City Charter stating the City could only have one newspaper provider. City Attorney Darrin Coker stated yes; the City Charter states the stipulation that the City have one official newspaper. Randy Emmons, Owner of Pearland Reporter News, stated the Reporter News also distributes sample papers similar to the Pearland Journal. Page 5 of 7 — 10/3/2005 Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Tetens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:15 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:45 a.m. COUNCIL ACTION — RESOLUTION NO. R2005-138 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION PROJECT. Mr. Bill Eisen, City Manager. No action taken by Council. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No action taken by Council. Page 6 of 7 — 10/3/2005 ADJOURNMENT Meeting was adjourned at 12:46 a.m. Minutes approved as submitted and/or corrected this the 14th day of November , 2005. ;,6,a Tom Reid Mayor ATTEST: Page 7 of 7 — 10/3/2005 THIS PAGE LEFT BLANK INTENTIONALLY