Loading...
2008-07-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JULY 28, 2008, AT 5:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 5:30 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Helen Beckman Councilmember Woody Owens Councilmember Steve Saboe Councilmember Felicia Kyle Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Rick Overgaard Assistant Finance Director; Bob Pearce Purchasing Officer. The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid reported July 15, he attended the H -GAC Board of Directors Meeting; July 16, met with the North Brazoria County Educational Alliance and attended the Brazoria County Cities Association; July 17, attended the Pearland Area Chamber of Commerce Leadership Council, the Gulf Coast Water Authority Board of Directors Meeting, and the Pearland Area Chamber of Commerce Gazebo After Hours Event; July 21, attended the Agenda Meeting and the Joint Public Hearings with City Council and the Planning and Zoning Commission; July 23, attended the Exchange Club Luncheon Meeting; July 24, attended the Pearland Area Chamber of Commerce Ribbon Cutting for three businesses in Pearland, the Bay Area Transportation Partnership Executive Committee and Board of Directors Meeting, and joined State Representative Mike O'Day in an appearance before the Alvin Community College Board of Trustees; July 25, attended the Transportation Policy Council Monthly Board of Directors Meeting. COUNCIL ACTIVITY REPORTS Councilmembers Owens, Beckman, Saboe, and Cole passed on giving a report. Page 1 of 7 — 7/28/2008 Councilmember Kyle reported July 17, she attended the Pearland Area Chamber of Commerce Gazebo After Hours Event; July 24, she attended the Pearland Library Meeting. CITY MANAGER'S REPORT City Manager Bill Eisen passed on giving a report. CITIZENS Dr. Ronald Peters, 9403 Sundown Drive, addressed Council and stated he appreciates the Staff and Mayor of the City and the work that they do for the community. He lives in Sunrise Lakes Community and this past weekend there were gunshots fired that entered his home. The bullet shattered the glass of the window, hit the ceiling and then struck his wife. His wife was not injured because of the distance the shots were fired from. He and his family have lived in different environments and came to Pearland for a better life. People say that when a City has more growth, there will be more violence. He feels the violence is not from growth, but from more alcohol and drugs combined with people who have maladjusted behaviors who do different things that put families at stake. The night of the incident, he was very angry and went to find who had shot the gun but was stopped by the Police. The people involved also fired several shots into a vehicle on Cullen Boulevard. He is not sure who the people are, but he feels their behavior had to have been altered from alcohol or drugs. The Pearland Police Department has done a wonderful job with prevention, but he feels there needs to be more plain clothes officers at locations that serve or sell alcohol. The people involved were most likely not from the City, but the community needs to be responsible for what happens within the City and keeping it safe. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the July 14, 2008, Regular Meeting held at 7:30 p.m. 2. Minutes of the July 21, 2008, Special Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-54 — 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 2.00 ACRES, BEING LOTS 15 AND 16, BLOCK 3, OF Page 2 of 7 — 7/28/2008 SKYWAY MANOR, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF MANVEL ROAD (FM 1128), AND APPROXIMATELY 700 FEET NORTH OF FITE ROAD), (ZONE CHANGE APPLICATION NO. 2008-13Z), FROM SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF JOHNNY SIMS, APPLICANT FOR TED SLAFKA, 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 — SECOND AND FINAL READING OF ORDINANCE NO. 1023-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING EXHIBIT "B" OF ORDINANCE NO. 1023 AS IT APPLIES TO PLATTING FEES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER KEVIN COLE'S ABSENCE FROM THE JULY 14, 2008, REGULAR COUNCIL MEETING. City Council. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-102 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A COPIER RENTAL CONTRACT. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-101 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2008. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through F as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Page 3 of 7 — 7/28/2008 Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None NEW BUSINESS Mayor Reid with concurrence of Council moved to New Business Item No. 2, Resolution No. R2008-104. COUNCIL ACTION — RESOLUTION NO. R2008-104 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD DETENTION PROJECT. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Beckman, to approve Resolution No. R2008-104. City Manager Bill Eisen stated this item is the award of a construction contract for detention services associated with Dixie Farm Road. Staff is recommending the contract be awarded to Lecon Inc. who was the low bidder with a bid of $1,428,877. Councilmember Cole asked if Staff has verified with Lecon, Inc the numbers for the excavation of the detention pond. Project Director Trent Epperson stated Staff has discussed this item with Lecon, Inc. and in this project, there was no designated spoil site. The contractor is responsible for setting their own spoil site and setting their cost accordingly. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-103 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE COWARTS CREEK DIVERSION PROJECT. Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-103. Page 4 of 7 — 7/28/2008 City Manager Bill Eisen stated this item is a contract that relates to land acquisition for the portion of this project located south of County Road 100 and includes eighteen parcels of property with a total price of $54,000. Texas Land Professional, Inc. is the company involved in the transaction and they have completed work for the City before with satisfactory results. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-99 — A RESOLUTION DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-99. City Manager Bill Eisen stated the project for frontage road along SH 288 is at a point that TxDOT will be requesting bids for the project. The Advanced Funding Agreement between the City and TxDOT states it is now time to provide the local share of the cost for the project. There are three sharers of the local cost being the City of Pearland, Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2), and Brazoria County. The checks have been received from the County and TIRZ No. 2 for the reimbursement. In the past the City has used funds on hand for this and used funds from a future bond sale to reimburse itself. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. Mayor Reid with concurrence of Council moved back to New Business No. 1, Resolution No. R2008-105. COUNCIL ACTION — RESOLUTION NO. R2008-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A DESIGN BUILD CONTRACT FOR CONSTRUCTION OF THE UNIVERSITY OF HOUSTON -CLEAR LAKE PEARLAND CAMPUS. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-105. Page 5 of 7 — 7/28/2008 City Manager Bill Eisen stated the City initiated the design build process for the construction of the University of Houston campus. Huitt--Zollars is the firm representing the City and they have developed a basic program of work which was sent to interested design build firms. The City received preliminary statement of qualifications from four firms, which were sent to the second phase of the process. Based upon the original submittals, Staff selected to interview Hale -Mills Construction, LTD. and Satterfield & Pontikes Construction, Inc. The interviews were conducted by City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson and, based on those interviews, is recommending Hale -Mills Construction, LTD. Councilmember Saboe stated, when the design build process was done before by the City, the user groups and their input were included in the process and asked what the process was for this design build process. He stated, during the previous process, Council received more information regarding how the ratings were broken out and the different categories, but did not receive that information for this project. City Manager Bill Eisen stated the last project was the first time the City has gone through the design build process and learned what process made better sense and worked faster. With this project Staff did a lot of the basic design of the building and established parameters prior to going into the proposals process. During the preliminary process, there was extensive involvement from the user groups and ways to make reductions were discussed. Councilmember Saboe asked what is different about this process that makes Staff confident the gap between the budgeted cost and the actual cost will be kept at a minimum. City Manager Bill Eisen stated during the process for this project, firms were asked to come to the interview with ideas on how the proposed cost could be reduced. The firm being recommended by Staff provided the most specifics on how the budgeted cost could be most closely met. Another factor for the selection was that the architectural firm and the construction firm have worked together on previous design build projects with good results. Assistant City Manager Mike Hodge stated Hale -Mills Construction, LTD. provided a 3- D model to display the options to reduce cost. This made it evident that the firm had researched the project and were qualified. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the project. Councilmember Cole stated, when this project began, it came in with a large cost and the City is asking for the cost to be reduced. He asked, with this being State money, is there anything that is required or mandated by the State that is checked out before removing items to reduce the cost. Page 6 of 7 — 7/28/2008 Project Director Trent Epperson stated the initial changes are not programmatic changes to the building, but are more site work phasing and looking at different mechanical systems and finishes. Staff is also working hand-in-hand with the University Staff to verify all changes are acceptable. Councilmember Saboe asked, if Council approves this item, what are the options if the City becomes unhappy with the negotiations. Assistant City Manager Mike Hodge stated if Staff is dissatisfied with the negotiation process then they have the option of beginning negotiations with the second firm. Mayor Reid stated he would like the City to review the design build process and discuss whether it is actually a better avenue for projects versus having an architect and contracting a construction company. Councilmember Saboe stated, with respect, he would like to see the results of this project prior to comparing the design build process with other construction options. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT Meeting was adjourned at 6:13 p.m. Minutes approved as submitted and/or corrected this the 11th day of August, A.D., 2008. Tom Reid Mayor ATTEST: Ychin9g, R_ y Sec tary ty Page 7 of 7 — 7/28/2008 This page left intentionally blank