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2006-05-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 22, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro -Tem Tetens called the meeting to order at 7:30 p.m. with the following present: Mayor Pro -Tem Richard Tetens Councilmember Kevin Cole Councilmember Helen Beckman Councilmember Felicia Kyle Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Tom Reid Others in attendance: Publics Works Director Danny Cameron; Assistant Fire Marshal Roland Garcia; Parks & Recreation Director Rhonda Cyrus; Police Chief J.C. Doyle; Assistant City Manager Nick Finan; Director of Human Resources and Safety Management Mary Hickling; Assistant City Manager Mike Hodge; Director of Finance Claire Manthei; EMS Director Jeff Sundseth; Executive Director of Economic Development Corporation; Project Director Joe Wertz; Project Manager Cecil Bowery; and Assistant Director of Finance Rick Overgaard. 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 Pro -Tem Tetens announced that Mayor Reid is out of town attending a conference. Mayor Reid reported on May 9, he met with the new Community Development Organization, "Communities United to Strengthen America and attended the Trees for Pearland Meeting; May 10, He attended the Pearland Art League Board of Directors Meeting and directed the Adult Reading Center Board of Directors Meeting; May 11, he spoke to the West Side Rotary Club, welcomed attendees at the Pearland Economic Development Corporation Broker Day Event, attended a meeting with City Manager Bill Eisen, Pearland Economic Development Director Fred Welch, Dr. Staples, and Dr. Hugetz on the University of Houston campus, presented the Mayor's Scholarship at the Pearland High School Awards Event, and attended the Citizen's Police Academy Graduation Dinner; May 12, attended the Chamber Before Business Breakfast and Page 1 of 13— 5/22/2006 presented the Mayor Proclamation to the Public Works Department; May 13, attended the "Communities United" Open House, visited the Pearland Regional Airport Open House, and spoke at the Eagle Scout Court of Honor for Jerry Todd Livesay; May 15, attended the Agenda Meeting, Workshop, and Special Meeting, met with prospective business developer, and attended the City Audit Committee Meeting; May 16, attended the H -GAC Board of Directors Meeting and received an award from the Lions Club; May 17, attended the Chamber Monthly Luncheon; May 18, attended the Chamber Leadership Council Meeting, the Police Annual Awards Banquet, the Muscular Dystrophy Fundraiser Event, and the Chamber After Hours Event at Pearland Furniture; May 20, presented the Mayor's Proclamation to Southerland Chiropractic for "Kids Day America" and spoke and presented awards to Pearland Independent School District students hosted by Islamic Society at Mary Marek Elementary; May 21, left for International Council of Shopping Centers in Las Vegas. Chamber of Commerce Vice Chairman Economic Development Gary Bucek stated he would like to personally thank Woody Owens and Larry Marcott for their dedication to the City of Pearland and their support of the Chamber of Commerce. He presented Mr. Owens and Mr. Marcott with a token of appreciation from the Pearland Chamber of Commerce. Mr. Bucek welcomed Helen Beckman and Felicia Kyle to Council and thanked them for their support on the Pearland Economic Development Corporation Board and hopes Council will continue to support the Chamber of Commerce. Mayor Pro -Tem Cole presented a proclamation to Assistant Fire Chief Roland Garcia, proclaiming May 21 st —27th, 2006, as "Hurricane Awareness Week." COUNCIL ACTIVITY REPORTS Councilmembers Saboe, Kyle, Beckman, and Tetens passed on giving a report. Councilmember Cole reported May 21, 2006 he had the privilege of standing in for Mayor Reid at the ground -breaking for the new location for the Shepherd of the Heart Church on County Road 59. It was an exciting day and will be a good project. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Clear Creek Project will not be added into the House of Representatives. Senator Kay Bailey Hutchinson and Senator John Cornyn have suggested that contact from elected officials may be helpful in getting this project added. CITIZENS Kenneth W. Payne, 7614 C.R. 110, addressed Council and stated he would like to discuss the waterway that Pearland is planning to put in through the Bailey Road Page 2 of 13 — 5/22/2006 Drainage Improvements in the Cowarts Creek Basin. The project is scheduled to run behind a 10 -acre tract that he owns where he raises goats. There is another route that would be beneficial for Pearland to use instead of the area behind his property. He is concerned that if the City continues with the project behind his property, part of his land will be taken and a bridge will be built for his neighbors. He has met with Project Director Joe Wertz and was informed that the project has not been finalized. He is expressing his concern regarding losing his property and would like to reach a compromise with the City of Pearland. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION — MINUTES 1. Minutes of the May 8, 2006, Public Hearing held at 6:30 p.m. 2. Minutes of the May 8, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the May 15, 2006, Special Council Meeting held at 6:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 2000M-5 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 46.01 ACRES BEING OUT OF KANAWHA-TEXAS COMPANY SUBDIVISION OF SECTIONS 18 AND 22 ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 2, PAGE 51, BRAZORIA COUNTY PLAT RECORDS, IN THE H. T. & B.R.R. COMPANY SURVEY OR GEORGE C. SMITH SURVEY, ABSTRACT 547, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF FM 1128 (MANVEL ROAD), AND APPROXIMATELY 3,000 FEET SOUTH OF FITE ROAD) (ZONE CHANGE APPLICATION NO. 2006-14Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL — 1 DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB) AND TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Page 3 of 13 — 5/22/2006 C. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-78 — 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 PAGERS FOR THE PEARLAND VOLUNTEER FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2006-77 — 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 MOBILE DATA TERMINALS FOR THE PEARLAND VOLUNTEER FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Beckman, to adopt Consent Agenda Items A through D as presented on the Consent Agenda. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2006-71 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITYS COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY THE ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL L.L.P. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-71. Director of Finance Claire Manthei stated, pursuant to the state law, the City had an independent audit of the City's financial records conducted by Pattillo, Brown & Hill, Page 4 of 13 — 5/22/2006 L.L.P. The City has reviewed the auditor's opinion, the audit, the management letter, and comments as well as the City's action plan for the comments. John Manning, Pattillo, Brown & Hill, L.L.P., stated his firm has recently completed the audit for the City of Pearland and he will briefly highlight the results. The City of Pearland had positive net assets in the governmental and business activities. At the end of the year, the general fund had approximately $8,2000,000 in fund balance and the debt service fund had approximately $3,800,000 in fund balance. These numbers have experienced an anticipated increase over the previous years. The City exceeded the expected budget in revenue and did not exceed the budgeted expenditures. Councilmember Saboe asked, in the corrective actions, if any of these items will require resources that the City has not contemplated. Director of Finance Claire Manthei stated one of the items on the agenda is a contract on Arbitrage. She is submitting budget items for the new budget that will help the City deal with these items. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Tetens, with concurrence of Council, moved to New Business Item No. 11, Resolution No. R2006-76. COUNCIL ACTION — RESOLUTION NO. R2006-76 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE COOPERATIVE EFFORT OF THE CITY, BRAZORIA DRAINAGE DISTRICT NO. 4 AND KEEP PEARLAND BEAUTIFUL TO DEVELOP A TREE FARM AT THE SOUTHWEST ENVIRONMENTAL CENTER. Mr. Mike Hodge, Assistant City Manager. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-76. Linda Cowles, 3412 Shadycrest, addressed Council and stated she, with several board members, is present to support the Tree Farm Project. Parks & Recreation Director Rhonda Cyrus stated the Parks & Recreation Department has been working on this tree farm project. Linda Cowles will be submitting a grant through Keep Pearland Beautiful and the Parks and Recreation Department. They are requesting a Workshop with Council on June 5, 2006. The due date for the submission Page 5 of 13 — 5/22/2006 of the grant is June 15, 2006. The project has come along very well and has supporters from the public and private sectors. Councilmember Cole stated he feels this is a very important project and hopes to see it come to fruition. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Tetens, with concurrence of Council moved back to New Business Item No. 2, Resolution R2006-70. COUNCIL ACTION — RESOLUTION NO. R2006-70 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ARBITRAGE CONSULTING SERVICES AGREEMENT WITH ARBITRAGE COMPLIANCE SPECIALISTS INCORPORATED. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-70. Director of Finance Claire Manthei stated governmental entities are required to pay, to the federal government, what is called positive arbitrage on bond proceeds. Positive arbitrage is when the City invests its bond proceeds at an interest rate higher than what the City is paying on the debt. If the City is earning more, it is necessary to calculate the arbitrage and emit that back to the federal government. If a governmental agency does not adhere to the requirements, they are at risk for the tax exempt bonds becoming taxable. Arbitrage is required to be calculated every five and ten years. Staff is recommending the City calculate arbitrage every year and not wait for the five and ten year requirements. The proposed contract for the annual calculation is with Arbitrage Consulting Services and has a total of $39,940. Councilmember Saboe asked if the assumption is that over the span of the last five years the City actually has the benefit of arbitrage and therefore has funds to pay for the proposed contract. Director of Finance Claire Manthei stated she is assuming that in the last five years the City is only earning 1 % interest on its money and is not in a positive arbitrage situation, but could be in the future. Page 6 of 13 — 5/22/2006 Councilmember Cole stated when he saw this item in the Management Letter, that as interest rates continue to go up, the City has had quite a few bond issues with extremely low interest rates. As these rates possibly go up over the next few years, it is good to see the City will be ahead of the game. Councilmember Felicia Kyle asked what is the term on the contract; is it an annual one with renewal every year, or a five-year with renewal every five years. Director of Finance Claire Manthei stated the contract is an annual contract to get the City the bond issues calculated through May 31, 2006 and any reports that are due by September 30, 2006. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. 2006-75 — RESOLUTION OF THE CITY OF PEARLAND, TEXAS APPROVING THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, SERIES 2006; AUTHORIZING A CONTINUING DISCLOSURE UNDERTAKING IN CONNECTION WITH SUCH BONDS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECTS. Mr. Bill Eisen, City Manager. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-75. City Manager Bill Eisen stated the Pearland Economic Development Corporation voted to sell bonds under the terms that Mr. Ildebrando will be discussing with Council. It is also necessary for Council to approve the sale of the bonds. Frank Ildebrando, RBC Capital Markets, Inc., he stated will be reporting on the sale of Pearland Economic Development Corporation bonds of $10,235,000 sales tax revenue bonds for series 2006. Seven bids were taken and Morgan Keagan & Company, Inc. was the successful bidder with a rate of 4.795987%. RBC Capital Markets, Inc. recommended that Pearland Economic Development Board accept the bid and approve the bond sale. The total interest cost is $8,699,955.90 and the average rate is 4.795°/x. Brief discussion ensued between Council, City Manager Bill Eisen, and Frank Ildebrando, RBC Capital Markets, Inc. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Page 7 of 13 — 5/22/2006 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-72 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 WATER AND FORCE MAIN RELOCATION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-72. City Manager Bill Eisen stated this item is a relocation of water and sewer lines with regard to a widening project that Brazoria Drainage District No. 4 is planning at Mary's Creek at SH 35. The vendor being recommended is the second low bidder; the first low bidder has opted to withdraw his bid. Councilmember Cole asked if it was well documented that the first low bidder chose to withdraw his bid. City Attorney Darrin Coker stated the first low bidder submitted his withdrawal in writing. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A CONTRACT FOR SCADA INSTALLATION SERVICES ASSOCIATED WITH THE FAR NORTHWEST WATER TREATMENT PLANT EXPANSION PROJECT. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2006-69. City Manager Bill Eisen stated this item relates to installation of a SCADA system, which is a remote monitoring system that monitors radio waves of various locations throughout the city. The cost for the installation will be approximately $38,000. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Page 8 of 13 — 5/22/2006 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH PROPERTY ACQUISITION SERVICES, INC. FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE WALNUT STREET PROJECT. Mr. Joe Wertz, Project Director. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-73, as amended. City Manager Bill Eisen stated this item project relates to land acquisition services for the section of Walnut Street as part of the City's Bond Program for 2001. The firm proposed is Property Acquisition Services, Inc. and the cost will be $84,700. Councilmember Cole asked, if the cost is just for the firm that will perform the acquisition services, how many right-of-way and easements will the City be purchasing. Project Director Joe Wertz stated the City will purchase right-of-way and also get the ten -foot water and sewer easements with it. Councilmember Saboe asked if there were any parcels with duplicate owners and if so, is there an extra cost associated with dealing with two owners. Project Director Joe Wertz stated, there is the possibility of duplicate owners, but there will be no additional cost if that situation occurs. Councilmember Saboe stated before the Council votes on the Resolution, the proposal needs to be corrected. The Resolution states there are 35 parcels and the proposal states there are only 30. Councilmember Cole made the motion, seconded by Councilmember Saboe, to amend Resolution No. R2006-73 to include 35 parcels instead of 30 parcels. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Tetens called for the vote on the original motion as amended Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Page 9 of 13 — 5/22/2006 Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH PROPERTY ACQUISITION SERVICES, INC. FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. Mr. Joe Wertz, Project Director. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2006-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH C. L. DAVIS AND COMPANY, FOR SURVEYING SERVICES ASSOCIATED THE FM 518 WATER LINE PROJECT. Mr. Joe Wertz, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2006-67. City Manager Bill Eisen stated this contract is with C.L. Davis, a firm that has done a lot of satisfactory work for the City. The project is for surveying for water -line work along FM 518 and the cost is $79,940. Voting "Aye" Councilmembers Saboe, Beckman, Tetens, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-68 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE FM 518 WATER LINE (BETWEEN PEARLAND PARKWAY AND THE GALVESTON COUNTY LINE). Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-68. City Manager Bill Eisen stated this item relates to the same project as the previous item, and is for the engineering services. The firm being proposed is Amani Engineering, Inc. and the contract cost is $93,730. Page 10 of 13 — 5/22/2006 Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH C. L. DAVIS AND COMPANY, FOR SURVEYING SERVICES ASSOCIATED THE BAILEY ROAD DRAINAGE PROJECT. Mr. Joe Wertz, Project Director. Councilmember Kyle made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-66. City Manager Bill Eisen stated this item is an issue with the Bailey Road Drainage Project that the Council has discussed over the past several months. The surveying is necessary to complete the design work for the project. Councilmember Saboe asked if the scope of the project something that would be open to different design of the potential routing or is it very specific to what has been envisioned. Project Director Joe Wertz stated the scope is relatively specific, but some of the issues that have been brought forth by Kenneth W. Payne can be reviewed after the surveying is completed. Staff is planning to look at all solutions prior to making a final decision. Discussion ensued between Council and Project Director Joe Wertz pertaining to the project. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2006-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY'S WITHDRAWAL FROM THE BRAZORIA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2006-80. Page 11 of 13 — 5/22/2006 City Manager Bill Eisen stated for a number of years the City of Pearland has participated in the Community Development Block Grant Program. The program allows the City of Pearland has received funds from this program about ever other year the amount has typically been $200,000 to $230,000. The City has an opportunity to receive approximately this amount annually as opposed to bi-annually by entering into a federal city program instead of the County program. It is necessary for the City to withdraw from the County program prior to entering into a federal city program. Councilmember Beckman asked if the City would lose the additional opportunities to extend money into the community that the Block Grant Program enables. City Manager Bill Eisen stated that it is his understanding that these City would lose these options. Administrative Analyst Chris Kidwell stated the County has the opportunity to distribute these funds for public assistant up to a certain gap within their over-all program. Depending on how the City structures the program, the Council may choose to utilize some of its funds for these same types of community projects. Discussion ensued between Council and Assistant City Manager Nick Finan regarding the Resolution. Voting "Aye" Councilmembers Cole, Kyle, Tetens, Beckman, and Saboe. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:48 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — CONSULTATION WITH ATTORNEY: REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:20 p.m. Page 12 of 13 — 5/22/2006 COUNCIL ACTION - REGARDING THE ACQUISITION OF LAND ASSOCIATED WITH CITY FACILITIES. Mr. Darrin Coker, City Attorney. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:21 p.m. Minutes approved as submitted and/or corrected this the 12th day of June, 2006. ATTEST: / atin) Tom eid Mayor Page 13 of 13 — 5/22/2006 THIS PAGE LEFT BLANK INTENTIONALLY