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2006-11-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 13, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:00 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Richard Tetens Kevin Cole Helen Beckman Felicia Kyle Steve Saboe Bill Eisen Darrin Coker Young Lorfing Others in attendance: Danny Cameron Public Works Director; Doug Kneupper City Engineer; J.C. Doyle Police Chief; Trent Epperson Project Director; Nick Finan Assistant City Manager; Mike Hodge Assistant City Manager; Claire Manthei Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; John Knight IT Manager. 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 November 1, he attended the Clear Creek Tourist Council Board of Directors Meeting; November 5, attended the Agenda Meeting; November 8, attended the Pearland Arts League Board of Directors Meeting and the Adult Reading Center Board of Directors Board Meeting; November 9, attended Ribbon Cuttings for Piercy and Landry Law Office, Primrose School, and South Fork Developer, the Christian Helping Hand Open House, was a speaker at the Pearland Independent School District ESL Graduation Class and the Shady Crest Home Owners Association Meeting; November 10, attended the Chamber Before Breakfast Meeting; November 11, Keynote Speaker for VFW Veterans Day Event and unveiled the new 2007 Cheverolet Truck at Strickland Cheverolet; November 13, met with Executive Director of Economic Development Corporation Fred Welch and a Developer. Mayor Reid and Councilmember Kyle presented a proclamation to Geralyn Patterson, proclaiming November 12 - 18, 2006, as "Association of Perioperative Nurse Week." Mayor Reid and City Manager Bill Eisen presented Dennis Holm, Senior Plans Examiner, with a Certificate of Recognition as the City of Pearland Employee of the Quarter. Page 1 of 13 — 11/13/2006 City Manager Bill Eisen stated the Employee of the Quarter is selected by City of Pearland employees. Dennis Holm was recognized for his tremendous efforts to keep his department from getting behind on plans and prevent delays. He has been recognized for working on his own time to prevent falling behind when he has been out of the office. Mayor Reid and City Manager Bill Eisen presented Ruben Garcia, Humane Officer, with a Certificate of Recognition as the City of Pearland Employee of the Year. City Manager Bill Eisen stated Ruben Garcia is a Humane Officer that has gone to New Orleans after hurricane Katrina to volunteer his time to help with animals that have been abandoned by their owners and also volunteered to stay during hurricane Rita to help in the local area if needed. Chamber of Commerce President Carol Artz thanked the City for hosting Leadership Pearland. The Pearland Chamber of Commerce has been building business leaders in the community since 1963 and in 1999, Leadership Pearland was adopted. This is a popular program across Texas that is a nine-month program that allows citizens to learn about various organizations within the community, City Government, County Government, and Law enforcement. She introduced the Leadership Pearland class: Colby W. Wright, Courtney Bajusz, Courtney A. Hoff, Dusty J. Littrell, Eugene M. Sengleman, Jennifer L. Stephens, Melissa A. Lovell, Merly M. Thomas, Renita L. Scroggins, Richard J. Voorhies, Young LorFing, and Yvonne M. Grayson. She also introduced Sam Sahagian and Jenifer Smith as graduates of the previous year's class and facilitators for the current class. COUNCIL ACTIVITY REPORTS Councilmember Saboe passed on giving a report. Councilmember Beckman stated she attended the Texas Municipal League Conference and it was very informative. The speaker Howard Price, University of Texas, recommended the book "On Leadership" by author John Garner. November 2, she attended the Keep Pearland Beautiful Meeting where one topic was making SH 288 a scenic highway. Tour-De-Lites will be held on December 9, 2006, and will be sponsored by Pearland Beautiful. The money that is raised from the event is donated towards the Hike and Bike Plan for the City of Pearland. The Texas Recycles Day celebration was held and had an all time high turnout. Mayor Pro -Tem Tetens reported he also attended the Texas Municipal League Conference in Austin, TX. November 1-2, he was on a Grand Jury in Angleton, TX. November 8, he attended an update on the Unified Development Code. November 9, he attended the Christian Helping Hands Open House and the Shady Crest Home Owners Association 4th Quarterly Meeting. November 10, he attended a CPA Class 23 Page 2 of 13 — 11/13/2006 Graduation. Councilmember Kyle reported she attended an event where President George W. Bush was present to show his support for local candidates in the upcoming election. Officer Tim Niemeyer was honored as the Pearland Police Officer of the Year and as one of the finalist for Brazoria County Police Officer of the Year. Councilmember Cole stated he is impressed with how the Employee of the Quarter and the Employee of the Year had gone above and beyond and it is important that the City has many of the kind of employees that are willing to do this on a daily basis. The Holiday Parade will be held Thursday, November 30, 2006 and he would like to see everyone come out and have a good time. CITY MANAGER'S REPORT City Manager Bill Eisen reported City Hall will be closed in observance of the Thanksgiving Holiday, Thursday, November 23rd and Friday November 24th .�11�1►�I�r!E,� Ron Evering, 3206 Windsor, addressed Council and stated he lived in Pearland several years and has a business in the city. He has met with several City of Pearland Departments regarding a facility for his company and is unsure why there are issues with the size of his building plan. He has seen many others build facilities that violated their permit but would like to work with the City to provide his services to his customers. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the October 23, 2006, Public Hearing (TIRZ No. 2) held at 6:30 p.m. 2. Minutes of the October 23, 2006, Public Hearing (Hike and Bike) held at 7:00 p.m. 3. Minutes of the October 23, 2006, Regular Meeting held at 7:30 p.m. 4. Minutes of the October 30, 2006, Public Hearing (Sewer Easement) held at 6:00 p.m. 5. Minutes of the October 30, 2006, Special Meeting held at 6:00 p.m. Page 3 of 13 — 11/13/2006 B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1312 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS (SECOND AMENDMENT); AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; RESCINDING CITY ORDINANCE NO. 1275; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1313 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1314 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS (THIRD AMENDMENT); AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-186 — 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 GENERATOR. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-187 — 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 GENERATOR. Mr. Bill Eisen, City Manager. Page 4 of 13 — 11/13/2006 G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-185 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF LAPTOP COMPUTERS FOR POLICE VEHICLES. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-188 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR DECEMBER 2006, DUE TO THE HOLIDAY SEASON. Mr. Darrin Coker, City Attorney. Councilmember Cole asked that Consent Agenda Item F and G be removed from the Consent Agenda for further discussion. Councilmember Saboe made the motion, seconded by Councilmember Cole, to adopt Consent Agenda Items A through H with the exception of item F and G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-187 — 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 GENERATOR. Mr. Bill Eisen, City Manager. This item was passed to a future agenda. No action taken by Council. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-185 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING CONTRACT FOR THE PURCHASE OF LAPTOP COMPUTERS FOR POLICE VEHICLES. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Tetens, to approve Resolution No. R2006-185. Page 5 of 13 — 11/13/2006 Councilmember Kyle stated the price of $4800 each for the computers seemed to be high. City Manager Bill Eisen stated that the price is high because the equipment is more technical than the typical piece of equipment. Police Chief J.C. Doyle stated the price looks higher than normal but the equipment purchased is armored, very durable, and has a touch screen feature. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2006-193 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MAINTENANCE AND USE AGREEMENT FOR TIRZ IMPROVEMENTS AND DETENTION FACILITIES BETWEEN SHADOW CREEK RANCH TOWN CENTER PROPERTY OWNERS ASSOCIATION, SHADOW CREEK RETAIL, L.P., AND BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 35. Mr. Darrin Coker, City Attorney Councilmember Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-193. City Manager Bill Eisen stated this item is related to the next item and involves improvements to the southeast area of Tax Increment Reinvestment Zone No. 2. This agreement established the provisions for maintenance and improvements funded by the developer. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-192 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND SHADOW CREEK RETAIL, L.P., AND A DEVELOPER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PEARLAND, REINVESTMENT ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS AND SHADOW CREEK RETAIL, L.P. Mr. Darrin Coker, City Attorney. Page 6 of 13 — 11/13/2006 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-192, as amended. City Manager Bill Eisen stated this item references plans for the development of property by Transwestern Commercial Services and the reimbursement for costs associated with improvements. Tax Increment Reinvestment Zone No. 2 has been formally amended to allow for certain improvements to be financed through the TIRZ mechanism. The developer has agreed to participate in several opportunities for improvement that have occurred since the amendment. The terms of the proposed agreement are consistent with the terms of previous similar funding agreements. Councilmember Saboe asked, with the discussion of elevating the sales tax for the area, is the definition of project clear enough for the purposes of the agreement. City Manager Bill Eisen stated in his opinion, the definition is sufficient but it can be expanded to include more detail if the Council feels it needs to be more specific. Brief discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the Resolution. Neil Rackleff, Transwestern Commercial Services attorney, stated what he recommends is to tie the definition of project to the land within property and the property is defined in the definition section of the agreement. Councilmember Cole asked for an explanation how the timing of the reimbursements to the portion outside the TIRZ area will occur and if it will be similar to the systems in the past. City Manager Bill Eisen stated that it would be in line with past agreements and Transwestern Commercial Services understands that they will not receive any reimbursement through the TIRZ until the master developers reimbursement is complete. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, and Neil Rackleff, Transwestern Commercial Services attorney, regarding the Resolution. Neil Rackleff, Transwestern Commercial Services attorney, stated the effective date of the agreement is defined as when all parties have executed the agreement. He would like the effective date to be changed to be defined as effective upon Council approval. City Attorney Darrin Coker stated that if Council approves the Resolution, and the Pearland Economic Development Corporation makes any changes to the agreement, then Council will need to go back and approve the Resolution again with the changes. Page 7 of 13 — 11/13/2006 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Saboe to amend Resolution No. R2006-192 to change the effective date of the agreement to November 13, 2006. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Councilmember Saboe asked what the benefit is to change the effective date. Neil Rackleff, Transwestern Commercial Services attorney, stated the benefit is strictly to allow the construction of the project to move forward. City Attorney Darrin Coker stated he originally had concerns about changing the effective date without the approval of the Pearland Economic Development Corporation. Lynn Humphries, Allen Boone Humphries Robinson, stated the TIRZ No. 2 Board approved the agreement on October 23, 2006. The TIRZ No. 2 is uncomfortable with TIRZ improvements moving forward prior to the effective date of the reimbursement agreement. The Pearland Economic Development Commission is not a party to the TIRZ No. 2 reimbursement agreement and it only affects the development agreement. Discussion ensued between Council, City Manager Bill Eisen, City Attorney Darrin Coker, Executive Director of Economic Development Corporation Fred Welch, and Neil Rackleff, Transwestern Commercial Services Attorney, regarding the Resolution. Mayor Reid called a recess at 9:29 p.m. Mayor Reid called the meeting back to order at 9:38 p.m. City Attorney Darrin Coker stated the agreement the Resolution refers to Exhibit "A", a developers agreement, that has the TIRZ improvements and an Exhibit "B", the property description. There is an Exhibit "B" to the Resolution that includes an Exhibit "A" and "B". The proposed change to the effective date is to make the agreement effective upon approval by Council on November 13, 2006. The agreement will not be executed until approval is received from the Pearland Economic Development Corporation. Executive Director of Economic Development Corporation Fred Welch stated the Pearland Economic Development Corporation (PEDC) held a Special Meeting on August 14, 2006, where Economic Development Incentives were discussed in an Executive Session. At that meeting Board Member Gary Idoux made the motion, seconded by Board Member George Sandars to continue negotiations in regard to the Transwestern property agreement. There was a Resolution made by the PEDC on August 28, 2006, that stated a the Pearland Economic Development Corporation will not Page 8 of 13 — 11/13/2006 deliberate further on any similar large retail project in the SH 288 or Spectrum vicinity that, in the determination of the Board, jeopardizes its financial commitment to the Spectrum Project. This motion was made in relation to a separate project outside of the Transwestern Commercial Services Agreement. Discussion ensued between Council and Executive Director of Economic Development Corporation Fred Welch regarding the Resolution. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-190 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING SPRINT/NEXTEL AS THE CITY'S CELL PHONE PROVIDER AND AUTHORIZING THE TRANSITION TO A POOLED MINUTE PLAN. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-190. City Manager Bill Eisen stated this agreement started out as a routine agreement for cell phone services and has evolved into a process to save the City money under the existing contract. Finance Director Claire Manthei stated the City analyzed six months of usage and features for each cell phone in each department for six months. Based upon this review,a pooled minute usage of 88,000 minutes was established. The City and the provider have developed a plan that will save the City $17,000 annually. Councilmember Cole asked if there has been a review of how much personal use there is on company cell phones. Finance Director Claire Manthei stated there has not been a review of personal use, but each department has an estimated amount of usage for business purposes that will be reviewed and approved by the supervisor. If there is any overage resulting from personal use, the detailed report can be reviewed and the employee can be required to reimburse the City for the overage. Discussion ensued between Council and Finance Director Claire Manthei regarding the Resolution. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Page 9 of 13 — 11/13/2006 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-189 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE TWIN CREEK WOODS DRAINAGE IMPROVEMENTS. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-189. City Manager Bill Eisen stated this item is a construction project for a drainage project that is funded out of the Annual Operating Budget and would serve the Twin Creek Woods area. This item would address flooding in that area and would greatly improve the drainage in the area. The low bidder was Haddock Construction with a total of $196,051.68. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-191 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE MAVERICK GROUP. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-191, as amended. City Manager Bill Eisen stated this item involves the construction of a lift station that will serve the development proposed by The Maverick Group. Council is being asked to consider City participation in the over -sizing of the lift -station. This would allow the abandonment of an existing lift -station and have only one lift station serve a large area instead of operating two for the same area. Councilmember Kyle stated she would like the contract to include language that states the developer must notify the City of any costs exceeding the 105% required reimbursement by the City prior to incurring the cost. Page 10 of 13 — 11/13/2006 Councilmember Saboe made the motion, seconded by Councilmember Beckman to amend Resolution No. R2006-191 Section 4 to include the language stating the City shall not be required to reimburse the developer for more than 105% of the City cost, the developer must notify the City prior to spending in excess of the 105%, and shall be responsible for any overage costs not approved by the City. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1315 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A PORTION OF A CERTAIN TEN -FOOT (10') SEWER EASEMENT RECORDED IN THE PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1315 on its first reading. City Manager Bill Eisen stated this item was the subject of a prior Public Hearing. The citizens that spoke at the Public Hearing were in favor of the abandonment. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-194 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE CORRIGAN DRAINAGE PROJECT (PHASE III). Mr. Trent Epperson, Project Director. Page 11 of 13 — 11/13/2006 Mayor Pro -Tem Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2006-194. City Manager Bill Eisen stated this item involves six different amendments pertaining to the Corrigan Drainage Project. The majority of the changes are items that were not anticipated in the original project plan. Councilmember Saboe stated he understands that there will be changes during the transition of personnel. He feels some of the changes included in this change order are due to personnel changes, but it is his opinion that the value that is expected out of the City Staff and contractors was not met on several of the issues being presented at the time of the original planning. In the future, he would like to see the City find a way to get an expectation set and work on improving the communication. Assistant City Manager Mike Hodge stated this change order is a result of Project Director Trent Epperson reviewing all the current projects to find any items that needed to be brought to Council's attention. A meeting was held with the contractor and the expectations for the future working relationship with the City have been conveyed. Councilmember Kyle stated she agrees with Councilmember Saboe and feels that the message to the contractors needs to be to not assume any risks of extra costs on a project without getting prior Council approval. Councilmember Cole stated he remembers a discussion and approval of Change Order No. 1 for this project. Discussion ensued between Council, Assistant City Manager Mike Hodge, City Attorney Darrin Coker and Project Director Trent Epperson. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:30 p.m. to discuss the following: Page 12 of 13— 11/13/2006 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 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:33 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:34 p.m. Minutes approved as submitted and/or corrected this the day of A.D., 2006. ATTEST: Young Lorfing, TRMC City Secretary Tom Reid Mayor Page 13 of 13— 11/13/2006 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 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:33 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:34 p.m. Minutes approved as submitted and/or corrected this the 27th day of Novemer, A.D., 2006. ATTEST: ng Lop 9r, TkMC,-' ity Secr ary �-�2-4 Tom Reid Mayor Page 13 of 13 — 11/13/2006