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R2008-117 2008-08-25_Passed to a Future AgendaAugust 25, 2008 - Passed to a Future Agenda RESOLUTIONNO.R2008-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES ASSOCIATED WITH HUNTER PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural and engineering design services associated with Hunter Park, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for architectural and engineering design services associated with Hunter Park. PASSED, APPROVED and ADOPTED this the day of A.D., 2008. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: YYYIYII'/I'A1'/I-rrM 1�1\-Ami•}=11VMIW"/Rr PIAN5m1 DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR KENDIG KEAST CO l l A 8 O R A T I V E August 8, 2008 Mr. Jon R. Branson Director of Parks and Recreation City of Pearland 2947 East Broadway, Suite 300 Pearland, Texas 77581 RE: Design and Development of Orange Street Park Dear Mr, Branson: 5 1 4 roolo S tro(q 1 Sugar Texas l'hom*:281,112,2960 Fox tILA 4. � 11arlle FF, As recently indicated, we have elected to supplement our company insurance coverage to include Professional Liability Insurance in the amounts that the City of Pearland has requested. Attached are the agreement documents modified to reflect this change. We look forward to working with you and the City of Pearland on this exciting project. Feel free to call me at (281) 242296O with any questions. If the proposal is acceptable, please sign and return a copy of the attached professional services agreement. Respectfully, KENDIG KEAST COLLABORATIVE Bret C. Keast, AICP Vice President Concepls,t� r. iai:c in Pfan n! n ,Q w IV W. ken diF . t. c o m • + • r • CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on , 2008 by and between the City of Pearland ("CITY") and Kendig Keast Collaborative ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Design and Development of Orange Street Park ("PROJECT"). SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide planning, landscape architecture, civil engineering, lighting design and irrigation layout services for design development, construction documents, construction bidding support, and construction observation for Orange Street Park in Pearland, Texas. See Exhibit A, attached, for a detailed SCOPE OF WORK. CONSULTANT will coordinate with CITY at project start-up regarding schedule. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insut•ance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorneys fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee ofthe CITY, SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end at delivery of all products listed in the scope of work. The estimated time of completion is nine months. SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed. Total compensation for the services performed shall not exceed $76,836.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to approval of Phase I, Design Development payments to the CONSULTANT shall not exceed 25% of the total CONTRACT amount. 2. Prior to approval of the Phase II, Construction Documents, payments to the CONSULTANTS shall not exceed 75% of the total CONTRACT amount. 3. Prior to approval of the Phase III, Construction Bidding, payments to the CONSULTANTS shall not exceed 80% of the total CONTRACT amount. The final approval and payment will be made within a reasonable period of time regardless of the project construction schedule. C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACTI The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub -consultants) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V -TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 514 Brooks Street, Sugar Land, Texas 77478. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas, The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorneys fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI —ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII —COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or malting of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this day of , 2006. CITY OF PEARLAND, TEXAS CONSULTANT EXHIBIT A -SCOPE OF SERVICES Phase I, Design Development The design development services of the KKC Project Team will be as listed below, consistent with elements proposed in the site master plan previously accepted by the City. The purpose of this work phase is to identify a palette of sample materials, furnishings, and finishes for selection by the City before proceeding with the preparation of detailed construction drawings. Services to be provided in this work phase include: • Preparation of a site development plan showing the placement and relationships of all hardscape and softscape site elements. • Preparation of a schematic site grading plan indicating existing and proposed grading. • Manufacturer cut -sheets and materials sample selection (as necessary for selection/decisions on the final design -intent) for the following elements: pavilion, restroom structure, play fort (tree house), play equipment, and site furnishings (tables, chairs, benches, trash receptacles, drinking fountains, bicycle racks), light fixtures, environmental graphics (signage and interpretive markers), paving/surfacing and edging, walls, monuments, fences and gates, plantings, and lawn or ground cover areas, • Preparation of a schematic lighting design plan including a preliminary fixture schedule and sketches consistent with the structural and programmatic requirements. • Facility programming to select size, scale, materials, forms, textures, and colors for the structural elements (pavilion, restrooms, and play fort/tree house). The KKC Team will prepare design -intent drawings and performance specifications for manufacturers in the design and engineering of the structural elements. Work Products; Site Development Plan Schematic Grading Plan Schematic Lighting Plan Design development sketches, as necessary Documents identifying materials, finishes, colors, and patterns of site elements Manufacturer cut -sheets Photos, images, or sketches of proposed site elements Phase II, Construction Documents The construction documents phase will be initiated upon final selection of all materials, furnishings, and finishes completed in Phase I. The Project Team will prepare all documents and specifications for bidding and installation of all project elements, which will conform to the 2003 International Building Code (IBC) and the City's UDC. Services to be provided in this phase include: • Site layout plan(s) dimensioning all hardscape elements, structures, sidewalks/trails, parking and site access, site elements, and other proposed improvernents. • Environmental graphics plans (entry monument, kiosk, and interpretive signage) complete with specifications. • Planting plans including all tree, shrub, vine, and groundcover selections for all locations. • Details for all landscape materials with specifications as required for proper construction, installation or finishing of all landscape components, • Irrigation plans to locate and identify the heads, nozzle types, pipe locations, pipe size, and control valve locations and sizes. The irrigation plans will include details and specifications. • • • • • • • Design and layout of proposed lighting equipment and fixtures. Site grading plan indicating proposed finish grades, drainage and stormwater detention areas. Storm Water Pollution Prevention Plan (SWPPP) tailored to the project for use by the Contractor during construction operation in keeping with TCEQ regulations. Site utility plan indicating general location of site utilities including electricity, water and sewers. Coordinate submittals for review and acquire approvals of all permits including, but not limited to: TxDOT, Railroads, USAGE, Nationwide or Individual permits (if required), and County Drainage Districts. Coordinate with private developments (as applicable) and other public entity engineer's for adjoining work/projects. Prepare bid sets including Plans, Specifications, Bid Proposal (using City standard details and specifications or proposed supplement specifications, as needed), and submit to the City for signatures. Prepare cost estimates upon design development (60 percent complete) and completion of construction drawing package (80 to 90 percent complete). Plan Review - T'he KKC Team will submit interim plan sets and construction estimates upon design development (60 percent complete) and completion of construction documents (80 to 90 percent complete). Such plan sets will be reviewed by the following City departments; Parks and Recreation, Projects, Engineering, Planning, and Building. In addition, there will be consultation with Public Works for utilities and drainage. Furthermore, there will be coordination with CenterPoint Energy regarding the site electrical requirements. Work Products: Three (3) full sets of final construction documents in reproducible format including: - Site Layout Plans Environmental Graphics Plan - Signage Design Planting Plans Detail elevations, plans, and sections of proposed elements Irrigation Plans - Site Lighting Plans Final Grading and Drainage Plans - Site Utilities Plan - Specifications describing proposed materials and construction execution Phase III, Construction Bidding KKC will conduct the following bid phase services: • Reproduce and disseminate bid sets to Dodge, AGC, ABC, Amtek four (4) sets to the City [PM(1), CMT( 1), Purchasing(1), CM(1)] • Distribute sets to individual contractors and maintain record of a plan holder list. • Chair the pre -bid meeting. • Respond in writing to questions from bidders and prepare addenda, as necessary. • Prepare a Recommendation Letter that includes a tabulation of submitted bids, including review of contractor's financial standing and reference check. (Note: Bid proposals include a list of project references, and list of subcontractor's who constitute 10 percent or more of the total bid.) • Produce and transmit to the selected contractor five (5) sets of construction documents ready for execution. Phase IV ConstructionAdministration and Observation The KKC Project Team will provide the following construction administration services: • Facilitate a PreConstruction meeting to overview all aspects of the project with the Contractor. Three additional sets of construction documents will be provided to the Contractor after execution of Owner -Contractor agreement. • Review, approve, and comment on the Contractor's submittals, Requests for Information (RFI), and Request for Change Orders (RCO). • Provide interpretive guidance for the Contractor for the resolution of problems. • Conduct a Substantial Completion Inspection process with the Contractor to: 1. Review progress of work; 2. Generate a punch list of items for correction; 3. Substantiate items that are completed; and, 4. Issue both a Certificate of Substantial Completion (signed/sealed from Design Engineer) and the Final Acceptance after the 2nd walk-through. • Issue the final completion and acceptance letter to the City recommending acceptance and release of final payment. • Confirm that the Contractor provides a complete record of as -built drawings for the project. • Within thirty (30) days after receipt of the as -built drawings from the Contractor, the project team shall provide to the City one (1) set of full-size reproducible record drawings, an electronic file copy (PDF format), and an AutoCAD file (dwg), or compatible dxf file. The KKC Project Team will provide construction observation services throughout the construction phase to review general conformance of the work to the contract documents. Services during this work phase include: • Review of Contractor submittals for design conformance. • Three (3) site visits to observe the progress and quality of construction and to ensure design conformance as indicated on the drawings. • Preparation of up to three supplemental sketches, as necessary, to resolve design -related field conditions. • Assistance in preparing change orders for review/approval by the City, as needed. • Coordinate final walk-through with the City and provide a list of final corrections to the Contractor to complete the project. Project Meetings • • • • One meeting with staff to review a preliminary palette of material selection options One meeting with the appropriate board or commission to confirm the material selection options One pre -construction meeting to provide information and answer questions Monthly progress meetings with the Construction Manager, Contractor, and the City, as needed Additional Services Services beyond those described above for which the City may request a contract amendment include, but are not limited to, those described below, 'These services would require a mutually agreed upon scope of work and fee estimate, which would be incorporated into an executed contract amendment. • Preparation of a geotechnical report including design recommendations for the project, citing boring locations and depths, tailoring field investigation and laboratory activities to specific requirements of the project as necessary, customary, and in keeping with best practices for the project type and requirements. Texas Department of Licensing Sz Review. Submit plans for accessibility review and address all resulting comments for compliance with TAS & ADA (Final Inspection), if required. • Environmental Report as may be required and are more specifically defined in the Environmental Scope of Services, if requested and authorized, to produce a Phase I Environmental Site Assessment of the project site. • Surveying services to the City to re -plat City property and right-of-way for the project per the City's platting requirements. Communicate these to survey consultant direction, review and coordination of the surveyor to produce, submit, and obtain approval of property plat for recording by the City. Invoices and Progress Reporting Invoices will be submitted to the City monthly on a percent complete basis, accompanied by a progress report indicating the work completed to date, work scheduled for completion during the next report period, and outlining any delays and the means by which they are being addressed. Reimbursable Expenses The City will reimburse KKC for the costs of mileage, printing, and other direct costs, which will be billed at cost plus 10 percent. EXHIBIT B - SUPPORT SERVICES Phase I Desi' n Develo • ment Support services to be provided by the City of Pearland related to this work phase include: • • • Providing site survey with property lines, topography, and tree locations with related tree species, size and condition information. Phase I Site Environmental Assessment (if needed). Geotechnical studies (if needed). Other related engineering plans for municipal infrastructure adjacent to the site. Review and approval of design documents prepared by the Consultant. Review and approval of material samples. Phase II. Constructi on Documents Support services to be provided by the City of Pearland related to this work phase include: • Review and approval of construction documents prepared by the Consultant. • Facilitate acquiring approvals of all permits including, but not limited to: TxDOT, Railroads, USAGE, Nationwide or Individual permits (if required), and County Drainage Districts. Phase III Construction Biddin Support services to be provided by the City of Pearland related to this work phase include: • Review of bids and selection of contractor. Phase TV, Construction Adrninistration and Observation • Support services to be provided by the City of Pearland related to this work phase include; • Review and approval of payment requests. • Review and approval of change orders, r ,rWG o me- mvkwk7 I7f I t.CE @Mat TO /ii4.5e- lep✓r) StrtaWD uve vac: -rk$L (AWl6 4,/41 KRS/C (art Au.t.b s.4n. w;wsq d) .410AnkD SoatibNra Ary'D A✓ati .UMK 0.11 tK ScrieeK b- A'io 1Aibb 5415/61/04rJjq xte NWc. 17?r. ' u(Ys✓-Am Mgr PK A✓ 5IXurt 0 l Kr N 6 R A- min P 7 /7I WNb sµ'M "SCE' %erey n+ros n(AVb /NM 1,6`,7 r. (Mal s/pt R✓XaM�f T DRAW /74Pt4\10 /el{ 5Atitrt” AVE) WNW— Pla✓d igYIPMb.7 -rfla '/Ra% 7O M(lt+'. "KS esen r p&X/s7-,NS M Girt- PJGP& P I er c- D 6t6tV merle flN' Peel a,17X Ao(4friS eKP,lWN& 000740 w/!a CS, ONOPISPy,T,/ - flellato criThS rx RP rWnyc 4 NA?nb PArgegatf S4PALK *W0 AnrY.We IURoeh(S; vauaar MZL-kuau Stria ( e P ba xwt-rw.Qa) b0 mn("- fta- 544MNb rN ra+u 4 7 vneApr1/4(e77P. K/ s T I N (. f o N b l4r Jget$E Q&w. AWO A(L2 MmrnMatta PMr POR/A's- 7N1D AT 7O/-or roves trnnv Di..6t a c,n edmrer 4zn- In* AMq+eM, 5Ce (Gang? /tT Il W4c7? 644 NMr✓e erriszto ays *pia Na SW* %WN6 ! N!6 M MOOW W aMv. Y/ P Mat- Nit 0P(PONAL "Wit-ONP6 74'( UO$ RK SRaUe Schematic Site Master Plan Orange Street Park Pearfand, Texas ,• at C. X.n4 AJCP Planning Consultant[ Sean Paps, lanJaup. ArNkacone Dab: April lbl007 • m a /66 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 25, 2008, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:45 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Woody Owens Steve Saboe Felicia Kyle Kevin Cole Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Parks and Recreation Director; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Roland Garcia Fire Marshal; Mary Hickling Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Bob Pearce Purchasing Officer; June Ellis Budget Officer. The invocation was given by Mayor Pro -Tem Beckman and the Pledge of Allegiance was led by Police Chief J.C. Doyle MAYOR'S ACTIVITY REPORT Mayor Reid reported August 12, he attended the Development Authority Meeting and the Meeting of the Nomination Committee of the Boy Scout District; August 13, he spoke at the Pearland Area Chamber of Commerce New Leadership Breakfast and attended Senator Hutchinson's Reception at the San Jacinto Museum; August 14, attended the Pearland Arts League Board of Directors Meeting, the Pearland Area Chamber of Commerce Ribbon Cutting for local new businesses, and the Bay Area Builders Association Monthly Luncheon, the HEB Plus After Hours Reception, joined Executive Director of Economic Development and new developers, and completed New Employee Video Comments; August 15, attended the Firestone Breakfast and Ribbon Cutting and the Exchange Club Annual Roast and Toast of Judy Perkins; August 16, attended the Texas Municipal League Region No. 14 Annual Meeting; August 17, spoke at the Senior Citizen Honor Luncheon and attended the Dryer Ice Cream National Community Award to South Russett Place; August 18, attended the Agenda meeting, Council Workshops and Council and Planning and Zoning Commission Joint Public Page 1 of 12 — 8/25/2008 Hearings; August 19, attended the H -GAC Monthly Board of Directors Meeting; August 20, attended the presentation of Jim Brazell's "Emergency Technology", Congressman Lampson's "Quality City" Event, Speaker at the Walmart Health Care Clinic Ribbon Cutting, and welcomed the Brazoria County Cities Association to Pearland; August 21, presented a certificate to Gary Trietsch at the Pearland Area Chamber of Commerce Luncheon and attended the Gulf Coast Water Authority Board of Directors Meeting; August 22, attended the Transportation Policy Council Board of Directors Meeting; August 23, met briefly with Senator John Cornyn and welcomed him to Pearland and attended the leveling of The Comer Store for the Miller Junior High School; August 24, speaker at the Formal Opening of the Miller Junior High School; August 25, Chaired the Development Authority of Pearland Board of Directors Meeting, attended the Tax Increment Reinvestment Zone No. 2 Board of Directors Meeting, and the Pearland Economic Development Corporation Meeting. Mayor Reid introduced Stacy Adams and stated Mr. Adams is running for the office of Brazoria County Commissioner. COUNCIL ACTIVITY REPORTS Councilmember Owens reported there is a new King and Queen in Pearland and the event raised a little over $125,000 for the Neighborhood Center. He also attended the reception for Senator John Cornyn. Councilmember Saboe passed on giving a report. Mayor Pro -Tem Beckman reported she attended the Texas Municipal League Region 14 Meeting in Galveston, Texas. She also attended a ceremony at a new home in Shadow Creek Ranch which was donated by Perry Homes through an organization called Honor for Heroes. The Honor for Heroes organization is a group that does good things like providing homes for disabled Veterans. Pearland hosted the Brazoria County Cities Association and she wanted to thank the City Staff and sponsors for organizing and setting up the event. Councilmember Kyle stated there is a trend for of elected officials, that serve Harris County and Brazoria County to become more interested in Pearland and they want information on how to become involved in the community. The Pearland Area Chamber is doing a fantastic job helping the elected officials and want -to -be elected officials in the community and sister counties. Councilmember Cole stated he wanted to remind everyone that school is back in session and school zones need to be recognized and drivers need to be mindful of children in the area. The City of Pearland has seven school districts represented within its city limits. He attended the Pearland Area Chamber of Commerce luncheon as a farewell to Gary Trietsch from TxDOT. Page 2 of 12 — 8/25/2008 CITY MANAGER'S REPORT City Manager Bill Eisen stated with the exception of Emergency Services, City Offices will be closed September 1, 2008 in observance of the Labor Day Holiday. CITIZENS None DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the August 11, 2008, Public Hearing Meeting held at 6:30 p.m. 2. Minutes of the August 11, 2008, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-17 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Assistant City Manager. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 943-16 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan, Assistant City Manager. Page 3 of 12 — 8/25/2008 D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1353 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R2006-121; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #20), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-21 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, SHOWN IN THE MINOR SUBDIVISION PLAT FOR SHEPHERD OF THE HEART, BEING A SUBDIVISION OF 10.00 ACRES IN THE H.T. & B. R.R. CO., ABSTRACT NO. 564, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON 12005 CR 59), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-21), TO ALLOW A PRIVATE SCHOOL IN AN EXISTING CHURCH FACILITY LOCATED IN THE SINGLE-FAMILY ESTATE DISTRICT (R -E); AT THE REQUEST OF HERITAGE CHRISTIAN ACADEMY, APPLICANT FOR SOUTH UMC, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC Page 4 of 12 — 8/25/2008 AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-94 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE ORANGE STREET PARK AS "HUNTER PARK" IN HONOR OF ROBERT L. AND JULIE MARTIN HUNTER. Mr. Jon Branson, Parks and Recreation Director. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF A PUMPER TRUCK. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A MECHANICAL SERVICES CONTRACT ASSOCIATED WITH EQUIPMENT LOCATED IN THE CITY WATER AND WASTE WATER PLANTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through I with the exception of item D, F, & G as presented on the Consent Agenda. Voting "Aye" Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Mayor Pro -Tem Beckman Consent Agenda Item D was removed for further discussion. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000-T-8 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE UNIFIED Page 5 of 12 — 8/25/2008 DEVELOPMENT CODE OF THE CITY; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 2000-T-8. City Manager Bill Eisen stated this item is the second reading of an Ordinance which makes a variety of amendments to the Unified Development Code. Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. As requested by Councilmember Cole Consent Agenda Item F was removed for further discussion. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-21 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, SHOWN IN THE MINOR SUBDIVISION PLAT FOR SHEPHERD OF THE HEART, BEING A SUBDIVISION OF 10.00 ACRES IN THE H.T. & B. R.R. CO., ABSTRACT NO. 564, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON 12005 CR 59), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-21), TO ALLOW A PRIVATE SCHOOL IN AN EXISTING CHURCH FACILITY LOCATED IN THE SINGLE-FAMILY ESTATE DISTRICT (R -E); AT THE REQUEST OF HERITAGE CHRISTIAN ACADEMY, APPLICANT FOR SOUTH UMC, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve to approve Ordinance No. 2000CUP-21. Page 6 of 12 — 8/25/2008 City Manager Bill Eisen stated this item is a Conditional Use Permit application for the location of a church associated school. Councilmember Cole stated he will abstain from voting on this item because he is a Boardmember for the school and his wife is employed by the school. He further stated he has the appropriate Affidavit on file. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Kyle. Voting "No" None. Abstain Councilmember Cole Motion Passed 4 to 0, with one abstention. As requested by Mayor Pro -Tem Beckman Consent Agenda Item G was removed for further discussion. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2008-94 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE ORANGE STREET PARK AS "HUNTER PARK" IN HONOR OF ROBERT L. AND JULIE MARTIN HUNTER. Mr. Jon Branson, Parks and Recreation Director. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-94. City Manager Bill Eisen stated this item would name the Orange Street Park as Hunter Park in honor of Robert L. and Julie Martin Hunter. Councilmember Beckman stated she pulled this item because she feels that if the City is going to name a facility to honor historic people in Pearland it should not be included on the Consent Agenda. She is in favor of naming this park after Robert L. and Julie Martin Hunter. Mayor Reid and Parks and Recreation Director Jon Branson presented the Parks and Recreation Boardmembers with a Resolution No. R2008-94 naming Hunter Park. Voting "Aye" Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS Mayor Reid with concurrence of Council moved to New Business Item No. 5, Resolution No. R2008-123. Page 7 of 12 — 8/25/2008 COUNCIL ACTION — RESOLUTION NO. R2008-123 — A RESOLUTION EXPRESSING THE CITY'S INTEREST IN PARTICIPATING IN A PROPOSED SPORTS AND RECREATION COMPLEX IN PEARLAND, TEXAS AND RESOLVING OTHER MATTERS RELATING THERETO. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to discuss Resolution No. R2008-123. City Manager Bill Eisen stated, due to an issue with posting, this item Council will be able to discuss the item, but cannot take action. The City has been involved in discussion with the USA Partners Sports Alliance with regards to a sports park that will be primarily a baseball facility. The capital improvement program projects that, due to funding limitations, only phase 1 of the facility can begin construction in 2012 and end in 2013. If the project is successful, there would be a phase 1 and a phase 2 of construction. Discussion ensued between Council, City Manager Bill Eisen, Rick Witte, Andrews and Kurth, LLP, Frank Ildebrando, RBC Capital Markets, and Gregg Jones, Andrews and Kurth, LLP regarding the Resolution. Gregg Jones, Andrews and Kurth LLP, stated the estimated potential sponsorship numbers are based on an economic study performed by USA Sports Alliance. As the sponsorships for this sports park become more successful, when the old sponsorships run out, the City will be able to replace them more easily. He recommends that the City get a third party to review the economic study performed by USA Sports Alliance and give their opinion of what the potential sponsorship will be. If the revenues develop as projected, the City will not be spending any more tax dollars on this project than if they issued the $8.4 million in tax bonds. Councilmember Saboe stated, if the revenue dollars were real and over the term of the note that is being paid at $1.6 million a year, the revenue is $1.6 million a year, then the City would really not be paying anything. Mr. Saboe asked what the obligation, as it is drafted does to the ability of the City to take on future debt. Gregg Jones, Andrews and Kurth LLP, stated the market will see that the City is revenue sufficient to cover debt service and it will not have an impact on the normal debt program as planned. Councilmember Saboe asked what will the situation be for the City building this facility and in several years the economy changes and there is no longer a revenue string. Gregg Jones, Andrews and Kurth LLP, stated there are a number of alternatives scenarios that could occur in the next twenty-five years. One possibility is that at the end of five years the amount of revenue is reduced by fifty -percent and the City would pretty much be back to where they would have been in the beginning. The City wouldn't have a negative effect unless the revenue dropped below one -million. Page 8 of 12 — 8/25/2008 Discussion ensued between Council, City Manager Bill Eisen, and Gregg Jones, Andrews and Kurth, LLP regarding the Resolution. Councilmember Kyle stated she feels the concept is very unique and is one that she is excited about. The structure behind the project is not very clear and leaves questions such as how much of the risk for this project is the City bearing versus how much of the risk the partner is bearing. The presentation of the project leans toward the appearance that the City is taking all the risk and the partner is taking all the reward. Councilmember Cole stated he feels the City is interested in this project, but has questions that need to be answered. It is important to verify the City and its citizens are protected. One of the goals he wanted to see is for Phase I and Phase II of this project to be placed on the fast track without the City having the increase expenditures. He does agree that the numbers need to be verified by a third party, but he is excited because it appears there is a workable format for the project. Mayor Reid stated he feels the plan is good and the project is workable and the facility would be a good asset for the City of Pearland. Councilmember Owens stated he feels more information is needed for the project, but it is one that he supports. He would like to see the City use revenue bonds to avoid paying the 8.4 million discussed in the beginning. The population in the area will be thriving and Pearland will get its share of people that can utilize this facility. Councilmember Beckman stated she is excited about the possibilities. There are items that need to be taken care of, but she is optimistic about the project. Discussion ensued between Council, City Manager Bill Eisen, and Tim Dolan, USA Partners regarding the project. No action taken by Council. Mayor Reid with concurrence of Council moved back to New Business Item No. 1, Resolution No. R2008-123. COUNCIL ACTION — RESOLUTION NO. R2008-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT (FM1128 TO VETERANS). Mr. Trent Epperson, Project Director. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2008-120. Page 9 of 12 — 8/25/2008 City Manager Bill Eisen stated the Bond Election included funding for the Bailey Road extension from Veterans Drive to just west of the FM1128 intersection. The City has been engaged in the process of selecting an engineering firm to oversee all aspects of the engineering for the project. Eighteen Statement of Qualifications were submitted for review in response to a Request for Qualifications. The firms that were interviewed were Wilbur -Smith Associates, AIA Engineers, Inc., and LJA Engineering & Surveying. Based on the qualifications and the interview the recommended firm is Wilbur -Smith Associates and the total for the contract $1,710,346. Councilmember Saboe asked for clarification on the additional services and stated the number is a little high considering the City has already spent funds on preliminary engineering services. Assistant City Manager Mike Hodge stated the additional services apply to the original Preliminary Engineering Report and securing additional work that is needed for that phase of the design. Councilmember Owens asked if Staff reviewed the options of concrete versus asphalt. Assistant City Manager Mike Hodge stated Staff did review the options of what it would take to construct an asphalt equivalent to concrete curb and gutter. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Project Director Trent Epperson regarding the project. Councilmember Cole stated he would like to see the City annex at least 1000 -feet of the road to enable the City to control what type of development is done in that area. Councilmember Owens stated the budget for this project needs to be used wisely because it should be understood that Council does not like to see a lot of change orders on a project. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-117 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES ASSOCIATED WITH HUNTER PARK. Mr. Jon Branson, Parks and Recreation Director. No Council action taken; passed to a future Agenda. Page 10 of 12 — 8/25/2008 COUNCIL ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1354 — 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 ' 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 Mayor Pro -Tem Beckman, to approve Ordinance No. 1354 on its first and only reading. City Manager Bill Eisen stated, as a result of a study performed by TxDOT, and taking into consideration the Berry Miller Junior High School has opened, Staff is recommending expand the existing school zone an additional 0.2 miles. Mayor Reid stated expanding the school zone would end shortly before another school zone and it would possibly be better to combine the school zones as one. Councilmember Cole stated this action will take the school zone to just south of Mary's Creek, it does seem that it would possibly be better to have one continuous school zone. Assistant City Manager Mike Hodge stated the school zones are very localized to the property itself and combining the school zones is not an option. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2008-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING STAFF TO NEGOTIATE A GENERAL ENGINEERING CONSULTANT CONTRACT ASSOCIATED WITH THE UTILITIES MANAGEMENT PROGRAM. Mr. Trent Epperson, Project Director. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-122. City Manager Bill Eisen stated this item is that Staff has been working towards modified program management where a firm is selected to perform the program management for the City. The City has gone through a selection process and Staff is recommending the firm of Pate Engineers, Inc. for the Utilities Program Management. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Page 11 of 12 — 8/25/2008 Voting "No" None. Motion Passed 5 to 0. Project Director Trent Epperson introduced Teresa Battenfield the new Assistant Project Director stating that she has twenty-three years experience and will be a good asset to the City of Pearland. Mayor Reid stated Council will not hold the Executive Session because the items were discussed in an earlier meeting. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. NEW BUSINESS (CONTINUED): COUNCIL ACTION — REGARDING THE APPOINTMENT OF MUNICIPAL COURT JUDGES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:29 p.m. Minutes approved as submitted and/or corrected this the 15th day of September, A.D., 2008. ATTEST: - r / Tom Reid Mayor Page 12 of 12 — 8/25/2008