2009-07-06 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JULY 6, 2009, AT 6:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:10 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Felicia Kyle
Woody Owens
Scott Sherman
Steve Saboe
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Jon Branson Assistant City Manager; Jack Colbath Director of
Fire Services; Trent Epperson Project Director; Mike Hodge Assistant City Manager;
Narciso Lira City Engineer; Fred Welch Executive Director of Economic Development
Corporation; Rick Overgaard Assistant Finance Director.
NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2009-106 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR
LEADERSHIP ENERGY AND ENVIRONMENTAL DESIGN ("LEED")
COMMISSIONING SERVICES ASSOCIATED WITH THE PUBLIC SAFETY BUILDING.
Mr. Trent Epperson, Project Director.
Councilmember Cole made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2009-106.
City Manager Bill Eisen stated this item pertains to the Public Safety Building and taking
the necessary step required to obtain the formal silver LEED Certification. The
proposed agreement is with Syska Hennessy that specializes in preparing the
application. There is one other cost of two -hundred dollars associated with the
certification paid to the United States Green Building Council.
Councilmember Cole asked if the building commissioning was part of the original design
build contract.
Project Director Trent Epperson stated building commissioning was specifically
excluded from the original design build contract to be done by an independent
commissioning company.
Page 1 of 4 — 7/6/2009
Discussion ensued between Council and Project Director Trent Epperson regarding the
contract.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2009-108 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN
THE ASSISTANCE TO FIRE FIGHTERS FIRE STATION CONSTRUCTION GRANT
("SCG") THROUGH THE U.S. DEPARTMENT OF HOMELAND SECURITY.
Mr. Mike Hodge, Assistant City Manager.
Councilmember Saboe made the motion, seconded by Councilmember Cole, to
approve Resolution No. R2009-108.
City Manager Bill Eisen stated, as part of the Federal Economic Stimulus Program,
funding for the construction of municipally -owned fire stations is available to cities.
Many applications will be submitted; however, the City feels there is a good argument
for the City to receive a portion of the funding. If the grant is received, Staff proposes to
utilize the funds toward fifty -percent of the construction of Fire Station 5 and is
requesting grant funds in the amount of $1,305,302.
Discussion ensued between Council and City Manager Bill Eisen regarding the grant
application.
Councilmember Cole asked what the timing for receiving notice of whether the City will
receive the grant funds and whether this will hold-up the construction process for the fire
station.
Director of Fire Services Jack Colbath stated the decision for the funds will be
established sixty -days from the time of the deadline for submitting the application.
Project Director Trent stated the project will not be delayed by the grant process.
Voting "Aye" Councilmembers Cole, Saboe, Kyle, Sherman, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
Page 2 of 4 — 7/6/2009
COUNCIL ACTION — RESOLUTION NO. R2009-109 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER
NO. 3 ASSOCIATED WITH PHASE 2 OF THE MAGNOLIA ROAD EXPANSION
PROJECT. Mr. Trent Epperson, Project Director.
Mayor Pro -Tem Kyle made the motion, seconded by Councilmember Saboe, to approve
Resolution No. R2009-109.
City Manager Bill Eisen stated this item is a proposed change order to the contract with
Texas Sterling Construction for the eastern most segment of Magnolia Road. The
contractor encountered a previously unknown debris field in the northern portion. The
outfall channel serves as the outfall for the Magnolia portion of the project, and therefore
the debris has to be removed. The cost is based on the current assumption of the
magnitude of the removal process.
Councilmember Saboe stated he is pleasantly surprised by the number that could have
been much worse.
Project Director Trent Epperson stated the City worked closely with the Brazoria County
Drainage District No. 4 to keep the cost at a minimum.
Councilmember Sherman stated this is Change Order No. 3, and asked what the first
and second change orders were.
Project Director Trent Epperson stated Change Order No. 1 was for an unknown
TxDOT drainage pipe in the area and Change Order No. 2 covered an AT&T fiber optic
that needed to be relocated.
Councilmember Owens stated this is the best change order that he has seen because it
is well written and is easy to understand.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 6:30 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 - REAL PROPERTY — REGARDING THE SALE, LEASE,
PURCHASE, OR EXCHANGE OF REAL PROPERTY RIGHT-OF-WAYS.
Mr. Darrin Coker, City Attorney.
Page 3 of 4 — 7/6/2009
2. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY —
REGARDING ECONOMIC DEVELOPMENT INCENTIVES. Mr. Bill Eisen,
City Manager.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 7:40 p.m.
COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE
OF REAL PROPERTY RIGHT-OF-WAYS. City Council.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Kyle, to authorize
the Pearland Economic Development Corporation to proceed with the acquisition of
property for Project Heartbeat and also authorize a design build contract with Lindbeck
associated with Project Heartbeat.
Voting "Aye" Councilmembers Owens, Sherman, Kyle, Saboe, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES.
City Council.
No action taken by Council.
ADJOURNMENT
Meeting was adjourned at 7:42 p.m.
Minutes approved as submitted and/or corrected this the 27th day of July, A.D., 2009.
Tom Reid
Mayor
ATTEST:
c �.'
'"t Secrtoly
Page 4 of 4 — 7/6/2009