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2009-06-01 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 1, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro -Tem Beckman called the meeting to order at 8:44 p.m. with the following present: Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Absent: Mayor Tom Reid. Helen Beckman Woody Owens Steve Saboe Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Danny Cameron Public Works Director; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Fred Welch Executive Director of Economic Development Corporation. NEW BUSINESS Mayor Pro -Tem Beckman, with concurrence of Council, moved to Item No. 4, Resolution No R2009-93. COUNCIL ACTION — RESOLUTION NO. R2009-93 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING PROPOSED PROJECTS FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT (JAG). Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-93. City Manager Bill Eisen stated this item is part of the funding that is available under the Federal Stimulus Bill that was passed earlier this year. The funding is for projects that reduce crime and improve the efficiency and effectiveness of the criminal justice system. Voting "Aye" Councilmembers Owens, Beckman, Kyle, and Cole. Voting "No" None. Page 1 of 6 — 6/1/2009 Motion Passed 4 to 0, with Councilmember Saboe absent. Mayor Pro -Tem Beckman called for a recess at 8:46 p.m. to conduct the Workshop. Mayor Pro -Tem Beckman called the meeting back to order at 10:15 p.m. Mayor Pro -Tem Beckman, with concurrence of Council, moved to Item No. 1, Resolution No. R2009-66 COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-66. City Council. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2009-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER PROJECT. Mr. Danny Cameron, Director of Public Works. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2009-91 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-91. City Manager Bill Eisen stated this agreement is with Brazoria County to conduct the Run-off Election June 20, 2009. The agreement is similar to the agreement for the General Election held in May 2009. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-80. City Council. Page 2 of 6 — 6/1/2009 Councilmember Kyle made the motion, seconded by Councilmember Cole, to remove Resolution No. R2009-80 from the table. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING FUNDING FOR CHAMBER OF COMMERCE EQUIPMENT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-80. City Manager Bill Eisen stated the Pearland Economic Development Board considered the recommendation for the funding of Chamber of Commerce equipment at their meeting earlier, but he has not been informed of their decision. Executive Director of Economic Development Corporation Fred Welch stated the Pearland Economic Development Corporation recommended a total amount of approximately $110,000 to fund the purchase of equipment for the Pearland Chamber of Commerce. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-92 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE SH 288 / BELTWAY 8 UTILITY PROJECT. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-92. City Manager Bill Eisen stated this item is a request for a change order on the utility project along SH 288 to accommodate a required change in the construction method. Page 3 of 6 — 6/1/2009 Councilmember Owens asked if the City received a credit for the existing bedding. Assistant City Manager Mike Hodge stated there was a reduction in cost for the existing bedding. Discussion ensued between Council and Project Director Trent Epperson regarding the contract. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH THE MCHARD ROAD PROJECT. Mr. Trent Epperson, Project Director. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-87. City Manager Bill Eisen stated this item is a construction management and construction inspection services contract. The proposed contract amount is $342,288.00. Councilmember Owens stated this is the second contract of this type and he would like more information on how this type of contract is performing. Assistant City Manager Mike Hodge stated there has only been one other contract of this type and they will be providing Council with feedback on how the program is working. Councilmember Saboe stated if the scope of material changes, the fee doesn't change, and asked if there was a point that the fee would change. Project Director Trent Epperson stated if there was any significant change to the scope of the project, then there would be a contract amendment which would most likely include renegotiating the fees. Discussion ensued between Council, City Manager Bill Eisen, and Project Director Trent Epperson regarding the contract. Page 4 of 6 — 6/1/2009 Councilmember Owens stated there are items such as the sound barrier wall that are not included in this contract and he does not want to see change orders or amendments to this contract for these items in the future that will change the cost of this contract. Councilmember Cole stated he is in favor of having the sound barrier wall and other items as separate bids and contracts to keep from complicating this contract. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:43 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City Manager. 2. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. Mr. Bill Eisen, City Manager. 3. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:17 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. City Council. Page 5 of 6 — 6/1/2009 No action taken by Council. COUNCIL ACTION — REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:19 p.m. Minutes approved as submitted and/or corrected this the 22nd day of June, A.D., 2009. Tom Reid Mayor ATTEST: •'. Y ng Lorf' C = v`• ;tn i Secre =s Page 6 of 6 — 6/1/2009