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2007-07-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS, HELD ON JULY 23, 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 8:00 p.m. with the following present: Mayor Tom Reid Councilmember Woody Owens Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Steve Saboe Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Narciso Lira Assistant City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Fred Welch Executive Director of Economic Development Corporation; GIS Coordinator Mike Masters; Projects Manager Andrea Brinkley, Projects Manager Skipper Jones. The invocation was given by Pastor Mike Hogg and the Pledge of Allegiance was led by Police Chief JC Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 10, he attended the Convention Tourist Advisory Committee Meeting; July 11 — 13, attended the Texas Association Regional Councils Board of Directors Meeting; July 12, attended the Keep Texas Beautiful Awards Dinner where the City of Pearland received their 5t" Governor's Community Achievement Award; July 14, attended the Ribbon Cutting and Tour of the Academy Store and joined with Congressman Nick Lampson and the Board of the South Brazoria County Youth Shelter; July 16, attended the Agenda Meeting, the Council Workshop, Planning and Zoning Commission Public Hearing, and Chaired the Pearland Development Authority Board Meeting; July 17, attended the H -GAC Board of Directors Meeting; July 18, attended Executive Director of Economic Development Fred Welch to attend the swearing in of new Secretary of State Phil Wilson and joined the reception of the Texas Transportation Forum; July 19, joined Executive Director of Economic Development Fred Welch and Dr. Bill Staples, University of Houston, at the State Education Coordination Board for Approval of the University of Houston Pearland Campus and visited the new Austin Domaine Center with Executive Director of Economic Development Fred Welch and Harry Reed, Poag and McEwen; July 20, spoke at the Grand Opening of the Hunning Learning Center. Page 1 of 14 — 7/23/2007 Mayor Reid presented a proclamation to Pearland Police Officer Chad Randall proclaiming August 7, 2007 as "National Night Out." Mayor Reid recognized Linda Cowles, Joe Miller, Neil West, Stew Coffman, Janet Eastburn, Dale Pillow, Delores Fenwick, Laura Austin, Marjorie Wilcoxson, Erin Steele, Steve Friedman, Helen Beckman, Larry Marcott with Keep Pearland Beautiful for winning First Place in the Governor's Community Achievement Award. Linda Cowles, Keep Pearland Beautiful, stated the prize for winning First Place in the Governor's Community Achievement Award is a $130,000 landscaping grant which they are proud to present to the City. Keep Pearland Beautiful won this award mostly through the help of the volunteers. Several community programs also helped the City achieve the requirements for this award. Mayor Reid recognized the graduates of the TeenCERT Program, Teen Community Emergency Response Team Course for Young Adults. Celia Clay, TeenCERT Program, stated this program is conducted at several high schools throughout the area. The teens that participated were Juniors in the High School so that they can be available in emergency situations as Seniors. The students will also be able to participate in the program as adults. Mayor Reid stated Buck Stevens is the Executive Director of the Pearland Area Citizens Corps (PACC). COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the Texas Transportation Forum and provided an update on the information provided at the event. Councilmember Beckman reported she spent most of the previous week in San Antonio at the Keep Texas Beautiful Annual Event. For the last four years, Melva Lany has designed a Christmas Ornament and had decided to dedicate it to Lady Bird Johnson this year. It was to be given to Mrs. Johnson but she passed away. This made Thursday even more important because of Mrs. Johnson's efforts in the Keep Texas Beautiful Organization. The ornament can be purchased as part of a fundraiser for Keep Texas Beautiful. Mayor Pro -Tem Saboe - absent Councilmember Kyle passed on giving a report. Councilmember Cole reported he attended the Texas Municipal League onJuly 12th He stated he wanted to stress the importance of "National Night Out" and getting to know the people in your neighborhood. He stated he has been asked by several Page 2 of 14 — 7/23/2007 citizens if there is an option to pay a utility bill on-line. He would like Staff to look into this and possibly bring this option to the City. CITY MANAGER'S REPORT City Manager Bill Eisen reported City Council will be holding a joint meeting with the Brazoria County Commissioners Court regarding various road projects at the Melvin Knapp Building Wednesday, July 25, 2007. CITIZENS Rajat Kudchadker, 11708 Summer Springs Drive, addressed Council and stated he lives in Shadow Creek Ranch and is concerned about the proposed expansion of the Allied Landfill. He would like to see the City of Pearland support the citizens in opposing this expansion. Mike Hogg, 4248 Veterans Drive, addressed Council and stated he is representing the Pearland Ministerial Alliance. He wanted to introduce himself as the liaison for the Pearland Ministerial Alliance and is looking forward to working with the City of Pearland and City Council. He feels the City has not been receiving the support they need from the Christian -based affiliates and they will be providing more support in the future. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 18, 2007, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the July 9, 2007, Special Meeting held at 6:00 p.m. 3. Minutes of the July 9, 2007, Public Hearing held at 6:30 p.m. 4. Minutes of the July 9, 2007, Regular Meeting held at 7:30 p.m. 5. Minutes of the July 16, 2007 Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-35 — 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 9.2461 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, NO. 17, ABSTRACT 242; AND 10.00 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, Page 3 of 14 — 7/23/2007 NO. 17, ABSTRACT 242, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND APPROXIMATELY 650 FEET EAST OF OLD CHOCOLATE BAYOU ROAD), (ZONE CHANGE APPLICATION NO. 2007-07Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF A. DAVID SCHWARZ III, APPLICANT FOR GLASS 518 JOINT VENTURE, 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. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1324 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2007-112 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ENGAGEMENT LETTER FOR FINANCIAL AUDITING SERVICES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Kyle, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Page 4 of 14 — 7/23/2007 Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. NEW BUSINESS COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2007-100. City Council. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to remove Resolution No. R2007-100 from the table. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MASTER LEASE/PURCHASE AGREEMENT WITH BANK OF AMERICA. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-100, as amended. City Manager Bill Eisen stated this item relates to a borrowing of funds for specific energy and reduction improvements in certain City facilities. The information has been presented to Council previously but was tabled for further review of the contract. A few modifications have been made as a result of the review. Councilmember Kyle stated the modification that concerns her is in section 12.2(c) where the bank is proposing that they have the right to self help without any prior notice. She asked what is their rationale in wanting to have self help. City Attorney Darrin Coker stated he was not dealing directly with the attorneys for Bank of America and is not sure what their rationale would be. He did receive an email stating that they would not be willing to amend that portion of the contract. Councilmember Kyle stated that she does not feel this would be an issue, but she does have a real problem with them not being willing to be flexible. Discussion ensued between Council and City Attorney Darrin Coker regarding the Resolution. Page 5 of 14 — 7/23/2007 City Attorney stated he feels this item should be approved contingent upon specific language being added in the contract pertaining to section 12.2(c). Councilmember Beckman made the motion, seconded by Councilmember Owens, to amend Resolution No. R2007-100 to include specific language in Section 12.2(c) to require notice to cure prior to exercising the rights under the contract provision. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. Mayor Reid called for a vote on the amended motion. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-117 — A RESOLUTION GRANTING THE CONSENT OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 509 WITHIN THE CITY'S CORPORATE BOUNDARIES. Mr. Darrin Coker, City Attorney. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2007-117. City Manager Bill Eisen stated Council previously conducted a Workshop regarding this issue. This item is a request for consent to create Municipal Utility District No. 509. City Attorney Darrin Coker stated several issues were discussed at the previous Workshop which have been addressed. Councilmember Woody Owens stated he would like further explanation of the language that was added in the agreement to allow reimbursement to the developer for expenditures related to parks improvements included in the City's Master Parks Plan. Alex Garcia, 3200 Southwest Freeway, addressed Council and stated the inclusion of park powers is very limited to facilities that are on the City's Master Park Plan or on the Trail System. The objective of the language is meant to clarify regional projects that the City would have completed itself one day. John Santasiero, Riverstone Ranch Land Investors, Ltd., addressed Council and stated 3.5 inches of rain centered over the Green Tee Subdivision. The situation will be evaluated to see where the clean-up needs to take place on the current project to eliminate the problem. Page 6 of 14 — 7/23/2007 Assistant City Engineer Narciso Lira stated Staff has been reviewing the issues and a few blockage issues were taken care of. The repairs did not completely resolve the problem and Staff is now working on several other issues that will hopefully eliminate the problems. Councilmember Kyle stated she appreciates the updates on this project but generally speaking she has seen residents purchase homes in the in -city MUD's and not be able to afford the MUD taxes. It is not apparent to her that the City benefits enough from having in -city MUDs to continue them in the future. She does not oppose this project but has a fundamental opposition to in -city MUD's serving the City of Pearland at this time. Councilmember Beckman stated she feels that Council needs to proceed with this particular in -city MUD but does feel the City needs to be cautious about developing any future in -city MUD's. Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the Resolution. Voting "Aye" Councilmembers Cole, Beckman, and Owens. Voting "No" Councilmember Kyle. Motion Passed 3 to 1, Mayor Pro -Tem Saboe absent. FIRST AND ONLY READING OF ORDINANCE NO. 1267-1 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING SELECTED PROVISIONS OF ARTICLE V OF CHAPTER 20 OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS; PROHIBITING PROPERTY OWNERS FROM ALLOWING CERTAIN SEX OFFENDERS TO MAINTAIN A RESIDENCE WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING FOR A PENALTY; HAVING A SAVINGS CLAUSE; A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mr. Darrin Coker, City Attorney. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Ordinance No. 1267-1 on its first and only reading. City Manager Bill Eisen stated he feels the City Attorney's office discovered what could have possibly been a loop hole in the Ordinance for Sex Offenders. City Attorney Darrin Coker stated it was actually Assistant City Attorney II Lawrence Provins that brought the wording to his attention. The Ordinance has been revised to correct a potential loop hole that could have been utilized by a sex offender. Page 7 of 14 — 7/23/2007 Councilmember Cole stated in Brazoria County, every city has this type of Ordinance and he would like to see this information distributed to the other City Attorney Offices. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent FIRST READING OF ORDINANCE NO. 528-7 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING CHAPTER 6, ANIMALS AND FOWL, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN AMENDED FROM TIME TO TIME, BY ADDING ARTICLE VII, ANIMAL SHELTER ADVISORY COMMITTEE; CREATING AN ANIMAL SHELTER ADVISORY COMMITTEE; DEFINING THE COMMITTEE'S PURPOSE; ESTABLISHING THE COMPOSITION OF THE COMMITTEE; AMENDING SELECTED PROVISIONS OF ARTICLE IV AND ARTICLE V OF CHAPTER 6 OF THE PEARLAND CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; SEVERABILITY CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 528-7 on its first reading. City Manager Bill Eisen stated this item cleans up specific language in the existing Ordinance and establishes an Animal Advisory Committee that is required to exist either on a County or City level where an Animal Shelter exists. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-97 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, AUTHORIZING A CONSTRUCTION MANAGEMENT/INSPECTION SERVICES CONTRACT, AND A MATERIALS TESTING SERVICES CONTRACT ASSOCIATED WITH THE BROADWAY WATERLINE PROJECT. Mr. Trent Epperson, Project Director. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-97. Page 8 of 14 — 7/23/2007 City Manager Bill Eisen stated this item is a contract with the firms ESPA, Corporation and Geotest for Construction Management, Inspection Services, and Materials Testing Services. Councilmember Owens asked for clarification where the contract states the method of payment for this contract is not to exceed rate with a total compensation for services performed as $41,786. Assistant City Manager Mike Hodge stated that amount is for the Geotest, Inc. contract. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. FIRST AND ONLY READING ORDINANCE NO. 1323 — 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 SECTION 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 Councilmember Beckman, to approve Ordinance No. 1323 on its first and only reading. City Manager Bill Eisen stated in April 2007, the City requested TxDOT to perform a speed limit study on Shadow Creek Parkway. The study has been completed and specific changes to the speed limit in portions of the road have been recommended. Brief discussion ensued between Council, City Manager Bill Eisen, and Public Works Director Danny Cameron regarding the Ordinance. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. Page 9 of 14 — 7/23/2007 COUNCIL ACTION — RESOLUTION NO. R2007-115 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE EXPANSION OF THE KNAPP SENIOR CENTER. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-115. City Manager Bill Eisen stated previously Council had awarded a contract for the construction of the Knapp Senior Center with the stipulation that the Notice to Proceed not be issued until the overall budget for the project was decreased by $250,000. The total expected cost has been reduced by $285,100. Project Director Trent Epperson provided Council with an update regarding what changes were made to the project to enable the City to lower the cost. Mayor Reid stated he feels the senior citizens of Pearland have great pride in the Knapp Center and feel this is still a wonderful project even with the construction changes. Councilmember Beckman stated she feels Staff did a good job and she is pleased the commercial kitchen was included in the project. Councilmember Cole thanked the developer for working with the City to bring the cost of the project down and asked why the building did not require a sprinkler system Project Director Trent Epperson stated the building was under the square -footage and occupancy requirements for a sprinkler system. Assistant City Manager Mike Hodge stated the square -footage requirement for a sprinkler system is 12,000 square -feet and the occupancy requirement is 300. Councilmember Cole stated he wants to point out that this project meets the City Code on landscaping and wanted to make sure it met all City Codes. Projects Director Trent Epperson stated to his knowledge this project meets all City Codes. Discussion ensued between Council, City Manager Bill Eisen, Assistant Mike Hodge, and Project Director Trent Epperson regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens Voting "No" None. Page 10 of 14 — 7/23/2007 Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-113 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, DECLARING THE INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-113. City Manager Bill Eisen stated, at a previous meeting, Council had awarded a bid for the construction and expansion of the Southwest Environmental and Wastewater Treatment Plant. It was indicated that the bid was substantially higher than the estimated cost and bonds had been sold to cover the cost. In order to move ahead with the project, Council will need to approve the Resolution to reimburse expenditures of that future bond sale. Voting "Aye" Councilmembers Owens, Beckman, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. COUNCIL ACTION — RESOLUTION NO. R2007-103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONVEYING EASEMENTS FOR CERTAIN UTILITIES. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2007-103. City Attorney Darrin Coker stated recently this item was tabled due to a few concerns. One concern was with the language in the easement requiring the Grantee to be responsible for any relocation of facilities. Also, Centerpoint Energy was asking for the City to donate the easements. The language has been added to the easement and a fair deal has been negotiated with Centerpoint. Discussion ensued between Council, City Attorney Darrin Coker, and Sue Findley, Centerpoint Energy regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Saboe absent. Page 11 of 14 — 7/23/2007 COUNCIL ACTION — RESOLUTION NO. R2007-114 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A GMP COST PLUS DESIGN/BUILD CONTRACT WITH GILBANE BUILDING COMPANY FOR CONSTRUCTION OF A PUBLIC SAFETY BUILDING. Mr. Trent Epperson, Projects Director. Councilmember Kyle made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2007-114. City Manager Bill Eisen stated this item has been the subject of multiple discussions previously. Council instructed Staff to go back to step one of the process and ask the participating firms to submit additional information. This information was received and based upon the requirements, one of the proposals was disqualified. With Council approval, Staff is ready to move into negotiations with Gilbane Building Company for the construction of the project. Councilmember Beckman stated she will vote for this item because Council agreed to utilize the Design Build process for this project but she will not vote for Design Build on any future projects. Councilmember Cole stated he was not present at the meeting where the decision was made to return to Phase I. If he had been present, he would have asked that the City start from the very beginning and re -advertised the project. He does not feel the final company is a qualified firm for the Design Build project. He has not trusted the companies involved in the project during the process and is not happy with the estimated cost. He feels the representative with Gilane Building Company has not been clear when answering questions. Councilmember Kyle asked if Council approves this item and enters into negotiations, what the next step is. City Attorney Darrin Coker stated if the City enters into negotiations with Gilbane Building Company and is not able to reach an agreement, there is no company to fall back on and we would have to start the process over. Randy Lowrence, Gilbane Buidling Company, stated, since the advertisement of this project in January, the escalation of cost has gone up 6% to 7%. The current recommendations of escalation are approximately 7% per year. Gilbane has not performed work on a Design Build Project with the architect for this project under the same contract terms as this project has presented. He is not sure where the $18 million number came from on the budget but he does feel that his firm can deliver a building that will meet the City's expectation for this amount. Page 12 of 14 — 7/23/2007 Councilmember Owens stated the City has had projects done by Bid Build methods in the past and they have had multiple change orders. His main concern with the project is that the City asked the Gilbane firm many times what projects they have done by Design Build and on how many of these did they work with the current architect. Gilbane was never clear with their answers to these questions or any other questions that have been presented by Council. Discussion ensued between Council, City Attorney Darrin Coker, Project Director Trent Epperson and Randy Lowrence, Gilbane Buidling Company, regarding the Resolution. Councilmember Kyle stated she is disappointed about the fact that she feels Gilbane Building Company did not state they were involved in developing the budget. She has fought for the Design Build process and in the beginning she was a big advocate of Gilbane but now feels the integrity of the entire project has been compromised and she will not vote for the contract. Randy Lowrence, Gilbane Building Company, stated his firm did provide information used to develop the budget but did not develop the budget itself. Discussion ensued between Council, Randy Lowrence, Gilbane Building Company, and George Conces, Gilbane Building Company regarding the Resolution. Voting "Aye" Voting "No" Owen, Beckman, Kyle, and Cole. Motion Failed 4 to 0, with Mayor Pro -Tem absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:38 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. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:24 p.m. Page 13 of 14 — 7/23/2007 COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:25 p.m. Minutes approved as submitted and/or corrected this the 13th day of August, A.D., 2007. Tom Reid Mayor ATTEST: Page 14 of 14 — 7/23/2007