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2007-04-16 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 16, 2007 AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:59 p.m. with the following present: Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Deputy City Secretary Tom Reid Kevin Cole Helen Beckman Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Sonia Blair Absent: Mayor Pro -Tem Tetens and City Secretary Young Lorfing. Others in attendance: Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Narciso Lira Assistant City Engineer. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2007-64 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION (HARKEY ROAD TO VETERANS DRIVE). Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2007-64. City Manager Bill Eisen stated this item is a carry over from a previous meeting. Council had raised several questions regarding the firm being proposed for Construction Management. Staff has reviewed the issues and is prepared to answer any questions from Council. Assistant City Manager Mike Hodge stated Staff has been reviewing the Consultant Selection Evaluation Process since last year. From this review, Staff has developed a draft program with a Staff Committee. Mr. Hodge provided the details of the draft program and Staff Committee purposes. There is also an issue with the firm PBS & J Engineering that has been recommended by Staff. Council asked if Staff had checked the firm's references with TxDOT. A reference check was done but TxDOT was not contacted because they did not utilize PBS & J Engineering as a construction management firm. Upon Council request, TxDOT was contacted regarding the firm PBS & J Engineering and stated they did excellent work and they would recommend them. Page 1 of 3 — 4/16/2007 Keith Jackson, PBS & J Engineering, provided Council with a detailed explanation concerning the company's past legal issues and addressed concerns expressed by Council. Discussion ensued between Council, Mayor Reid, Keith Jackson, PBS & J Engineering, and Gary Hodges, PBS & J Engineering regarding the Resolution. Councilmember Saboe stated, if this contract is awarded, he would like Keith Jackson to personally monitor the project regularly. Councilmember Cole stated it is not easy standing in a public forum and discussing company issues and he appreciates the information. This is the first time the City has worked with PBS & J and it will be on a very high profile project. Because of this when PBS & J Engineering's past issue came to light in a public meeting, it was surprising. He is concerned that the information was not shared with Staff prior to the item coming before Council. He has real reservations about awarding this contract. Discussion ensued between Council, Mayor Reid, Keith Jackson, PBS & J Engineering, and Gary Hodges, PBS & J Engineering regarding the Resolution. Councilmember Kyle stated she understands the firm has had it trials and tribulations, but the City has done a thorough job of reviewing the firm and she will support the item. Voting "Aye" Councilmembers Beckman and Kyle. Voting "No" Councilmembers Saboe and Cole. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Mayor Pro -Tem Tetens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:44 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL EVALUATION OF THE CITY MANAGER. City Council. Page 2 of 3 — 4/16/2007 NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:45 p.m. COUNCIL ACTION — REGARDING ANNUAL EVALUATION OF THE CITY MANAGER. City Council. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve the annual salary of the City Manager as discussed in Executive Session. Voting "Aye" Councilmembers Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. ADJOURNMENT Meeting was adjourned at 10:46 p.m. Minutes approved as submitted and/or corrected this the 23rd day of April, A.D., 2007. ATTEST: F 01" 7// M/X, •J�, `�'�i ' �N �- Tom Reid Mayor Page 3 of 3 — 4/16/2007 THIS PAGE TO BE LEFT BLANK INTENTIONALLY