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2005-07-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 25, 2005, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:30 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Woody Owens Larry Marcott Bill Eisen Darrin Coker Young Lorfing Absent: Councilmember Richard Tetens and Councilmember Charles Viktorin. Others in attendance: Executive Director of Community Services Nick Finan; Executive Director of Economic Development Corporation Fred Welch; Police Chief J.C. Doyle; Assistant City Engineer Andy Gallagher; Director of Finance Andrea Gardner; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Assistant Fire Marshal Steve Norton; EMS Director Jeff Sundseth; Purchasing Officer Gordon Island; Project Director Joe Wertz; Senior Planner Theresa Grahmann; and Parks Superintendent Greg Moore The invocation was given by Mayor Pro -Tem Cole and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid presentation a proclamation to Chief of Police J.C. Doyle proclaiming August 2, 2005, as "National Night Out." July 12, Mayor Reid met with HGAC Workforce Senior Planner, met with Alan Clark, HGAC Transportation Manager on community solutions for Pearland residents; July 13 Mayor Reid attended Pearland Arts League Board of Directors meeting, attended Adult Reading Center Board of Directors meeting; July 14 he participated in ribbon cuttings for Castle Dental and Gregg Dance Studio, met with the Park Board for monthly board meeting, attended Bay Area Transportation Partnership meeting on Van Pooling Program, attended TxDOT SH 35 public meeting; July 15 Mayor Reid presented a Proclamation to an international group for abandoned child and women centers; July 18 he attended the Joint Public Hearing meeting, he joined United Way in presenting checks to the Adult Reading Center and the Neighborhood Center; July 19 Mayor Reid attended HGAC monthly Board and Directors meeting, met with CBL Developers; July 20 Mayor Reid attended the Brazoria Country Alliance monthly meeting, attended Page 1 of 10 — 7/25/2005 Alliances of Houston Port Region Executive Committee and Board of Directors meeting, attended Brazoria County Cities Association monthly meeting; July 21 Mayor Reid attended Chamber Leadership Council, met with Gulf Coast Water Authority Board of Directors; attended a PISD Bond Issue meeting; July 22 Mayor Reid attended HGAC Transportation Policy Council Board of Directors; July 23 Mayor Reid cut the ribbon for Ivy Kids Day Care Facility; July 25 Mayor Reid attended PEDC monthly Board of Directors meeting. Mayor Reid announced Councilmember Tetens and Councilmember Viktorin would be absent from the meeting this evening. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended the Brazoria County Cities Associations Meeting. Brazoria County Judge Willy gave a presentation with the Alliance regarding the trip to Austin on June 30, and showed the video that was taken in front of the State Highway Commission. He reported that about seventy-five representatives from Brazoria County were in attendance. Mayor Pro -Tem Cole reported on July 14 he attended the State Highway 35 Forum. Councilmember Cole gave a brief overview of the scope of the project to include raised medians on SH 35. He encouraged everyone to obtain a comment form and submit it to TxDOT regarding the raised medians. Mayor Pro -tem Cole also attended the monthly Chamber of Commerce Lunch. Councilmember Marcott reported he attended the Brazoria County Cities Associations Monthly Meeting. He stated Judge Willy also reported the Commissioner's Court will call for a vote on a proposed Exposition and Conference for Brazoria County that will be located in the Angleton area and also call for a vote on a Water District to save Brazoria County's water from being transported outside the County. He also attended the Chamber Luncheon. Councilmember Tetens and Councilmember Viktorin were absent. CITY MANAGER'S REPORT City Manager Bill Eisen reported another State Highway 35 Study that is going on at this time with regard to an additional corridor for State Highway 35. There is a recommendation being developed by a study team consisting of TxDOT representatives and an engineering consulting firm. They will be conducting public meetings on the recommended alignment on August 16 at Marriott Hobby and on August 17, at the Nolan Ryan Center at the Alvin Community College; both will be conducted from 6:00 — 8:00 p.m. He also announced Mr. Finan and his group are working on a citizen group of volunteers to assist with code enforcement matters, like high weeds, grass, junk Page 2 of 10 — 7/25/2005 vehicles, bandit signs that are in the right-of-ways, illegal dumping and those sorts of things. That group of citizen volunteers will be working in close cooperation with the code enforcement staff. CITIZENS Lora O'Neill, 2024 N. Galveston Ave, addressed Council and stated she is presenting Council with a petition to purchase the property located at 3701 East Orange, which is the property that has been discussed for the storage facilities and other commercial issues. Ms. O'Neill states that in the past five days 120 people have signed the petition that is requesting the property be purchased and developed as a park. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the June 27, 2005, Public Hearing held at 6:30 p.m. 2. Minutes of the June 27, 2005, Regular Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-785 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.00 ACRES OF LAND OUT OF AND A PART OF LOT 168 OF THE ZYCHLINSKI SUBDIVISION IN SECTION 27 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 308, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE SOUTH SIDE OF KEIS ROAD, AND EAST OF WELLS DRIVE) (APPLICATION NO. 1232) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R -E) AT THE REQUEST OF MAYRA PALACIOS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-787 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE Page 3 of 10 — 7/25/2005 NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 20 ACRES, BEING TRACT 61 AND 62, ABSTRACT 234, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF ROY ROAD, AND NORTH OF FM 518 (BROADWAY STREET)) (APPLICATION NO. 1231) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MARY FRANCES LENTZ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 509-788 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.855 ACRES OF LAND, BLOCK 1, OF THE WEST OAKS RECREATION CENTER PHASE A, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 6601 OLD OAKS BOULEVARD) (SPECIFIC USE PERMIT APPLICATION NO. 145) FOR A SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW RECREATIONAL USE, AND MORE SPECIFICALLY, A SUBDIVISION HOMEOWNERS ASSOCIATION RECREATION CENTER, IN THE SUBURBAN DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF PAUL MARCACCIO, APPLICANT FOR WEST OAKS HOMEOWNERS ASSOCIATION, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 569-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE II, ALARM SYSTEMS, OF CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF PROVIDING FOR THE RECOVERY OF COSTS INCURRED BY THE CITY IN RESPONDING TO EXCESSIVE FALSE FIRE ALARMS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE. Page 4 of 10 — 7/25/2005 Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1223 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PRESCRIBING THE TYPE OF NOTICE TO BE GIVEN OF THE TIME AND PLACE OF THE JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION FOR THE FUTURE UPDATE OF THE CITY'S ZONING MAP. Mr. Darrin Coker, City Attorney G. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1009-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE PROCEDURES NECESSARY TO PROPERLY IMPLEMENT AND ENFORCE THE CITY OF PEARLAND'S DROUGHT CONTINGENCY PLAN; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROMOTE CONSERVATION OF THE POTABLE WATER SUPPLY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2005-118 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING, THE BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR RO'VIN GARRETT, TO CALCULATE AND PUBLISH THE EFFECTIVE RATE AND ROLL BACK TAX RATE FOR 2005. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. 2005-119 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 2005. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmember Tetens and Viktorin absent. Page 5 of 10 — 7/25/2005 NEW BUSINESS FIRST READING OF ORDINANCE NO. 509-789 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 0.0413 ACRES OF LAND OUT OF LOT 22, SECTION 8, ABSTRACT 504, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2633 ROY ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 146) FOR A SPECIFIC USE PERMIT FOR TELEPHONE EXCHANGE SWITCHING RELAY AND TRANSMITTING EQUIPMENT, IN THE SUBURBAN DEVELOPMENT DISTRICT (SD(S)) AT THE REQUEST OF EDWARDS AND KELCEY, APPLICANT FOR SOUTHWESTERN BELL COMMUNICATIONS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. This item was passed to a future agenda with no Council action taken to allow staff to obtain more information regarding this land use request. FIRST READING OF ORDINANCE NO. 509-790 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.6167 ACRES OF LAND BEING ALL OF LOT 2 IN BLOCK 21, AND 14.3755 ACRES OF LAND BEING ALL OF LOT 3 AND A PORTION OF LOT 4 IN BLOCK 20, AND 4.6323 ACRES BEING OUT OF AND A PORTION OF LOT 1 IN BLOCK 20 AND LOT 3 IN BLOCK 21, ALL SITUATED IN THE T.C.R.R. COMPANY SURVEY, SECTION 4, ABSTRACT 675, OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 99, OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF SH 288 AND FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1234) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND OFFICE AND PROFESSIONAL DISTRICT (OP) TO COMMERCIAL DISTRICT (C) AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR WCF DEVELOPMENT, LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER Page 6 of 10 — 7/25/2005 PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-790 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1234. City Manager Bill Eisen stated, during the public hearing regarding this item there was concern expressed about making certain that the residential property to the immediate west is protected from any negative results of development immediately adjacent to the property. Executive Director of Community Services Nick Finan gave a brief overview of requirements placed on this land use change all of which will be addressed in the Planned Unit Development documents. Christy Smidt, Kerry R. Gilbert and Associates Inc., addressed Council and stated they have reviewed the requirements in the Planned Unit Development document and are in full agreement with the requirements. Councilmember Marcott stated he has concerns regarding the dumpster company making noise at 5:00 in the morning and also at 10:00 at night. He would like something looked at regarding the noise. Executive Director of Community Services Nick Finan stated any noise concerns can be addressed with the noise ordinance. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Tetens and Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-120 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE LOCATION OF THE AUGUST 8, 2005 REGULAR CITY COUNCIL MEETING. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-120. Page 7 of 10 — 7/25/2005 City Manager Bill Eisen stated, one of Council's goals set in February this year is to hold a regularly scheduled Council meeting on the west side of town to encourage participation from residents in that area. That meeting date is set for Monday, August 8, 2005 to be held at Challenger Elementary on Hughes Ranch Road. The Charter specifically states these meetings are to be at City Hall unless the Council takes official action to hold the meeting elsewhere. This action formally establishes the location of the August 8, regular Council meeting. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Tetens and Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-122 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PARTIAL REIMBURSEMENT OF EXPENSES, TO BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16, FOR CONSTRUCTION OF A SIXTEEN INCH (16") WATER LINE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Cole, to approve Resolution No. R2005-122. City Manager Bill Eisen stated, there is a Strategic Partnership Agreement with the Municipal Utility District No. 16 in which kind of a donut hole, if you will, is where the Avalon Terrace Subdivision is now going in. One of the conditions of the agreement is the City and M.U.D. No. 16 will jointly participate in construction of the waterline. Under the terms of the agreement, the cost to the City is $251,823. The source of that funding will from the City's Impact Fee Fund. Brief discussion ensued between Council and Staff regarding this project. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Tetens and Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-121 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 1 ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Owens, to Page 8 of 10 — 7/25/2005 approve Resolution No. R2005-121. City Manager Bill Eisen stated, this item relates indirectly to some right-of-way requirements of the extension of Magnolia Road in the vicinity of the railroad overpass. There were some concerns regarding the amount of right-of-way required in that area and the cost of the right-of-way. As a result, of that the Projects Department asked the Engineering firm working on that section of Magnolia to look at some possible ways to reduce the amount of right-of-way required. It appears they have been able to do that by a significant amount. That does result in some additional engineering design that needs to be done. The cost of that engineering design is dramatically less than the cost of the right-of-way that can now be avoided. Project Director Joe Wertz gave an overview of the project with the reduced need of right -of way. Voting "Aye" Councilmembers Marcott, Cole, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Tetens and Viktorin absent. COUNCIL ACTION — RESOLUTION NO. 2005-123 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID TO EIMCO WATER TECHNOLOGIES FOR THE PURCHASE AND INSTALLATION OF A CLARIFIER DRIVE AT THE LONGWOOD WASTE WATER TREATMENT PLANT. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-123. City Manager Bill Eisen stated, this relates to the replacement of a clarifier drive at the Longwood plant. This is part of an on-going program replacing some of the drives. Public Works Director Jerry Burns gave a brief presentation regarding the maintenance of a clarifier and the drive being considered. Mr. Burns reported this is a single source item and is available from one company. He further stated that each of one of the four currently in service at the Longwood and Barry Rose plants would be taken out one at a time, reconditioned, and then replaced. After this is done, it will give the City one spare for future use. Voting "Aye" Councilmembers Owens, Cole, and Marcott. Voting "No" None. Page 9 of 10 — 7/25/2005 Motion Passed 3 to 0, with Councilmembers Tetens and Viktorin absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:23 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551CONSULTATION TIGAT ON ASSOCIATEDTWI R REGARDING POTENH C TY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. 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 9:12 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE OR EXCHANGE OF REAL PROPERTY. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 9:13 p.m. Minutes approved as submitted and/or corrected this the 12th of September, 2005. Tom Reid Mayor Page 10 of 10 — 7/25/2005