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2009-06-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JUNE 8, 2009, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 8:15 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 Assistant City Manager; Danny Cameron Public Works Director; Jack Colbath Director of Fire Services; Trent Epperson Project Director; Mike Hodge Assistant City Manager; Claire Bogard Finance Director; Jeff Sundseth EMS Operations Director; Fred Welch Executive Director of Economic Development Corporation; Ron Frasier. The invocation was given by Mayor Tom Reid and the Pledge of Allegiance was led by Eric Tonini with Boy Scout Troop No. 461. MAYOR'S ACTIVITY REPORT Mayor Reid reported May 19, he attended the H -GAC Monthly Board of Directors Meeting; May 20, attended the Brazoria County Cities Association Monthly Meeting; May 21, attended the Pearland Chamber of Commerce Leadership Council Meeting, the Pearland Chamber of Commerce Luncheon, and the Gulf Coast Water Authority Board of Directors Meeting; May 22, met with the Pearland Economic Development Corporation, the Historical Society, and the Pearland Chamber of Commerce regarding the Old Town Site; May 25, was a Key Note Speaker for the VFW Post Memorial Day; May 27, joined Brazoria County Judge Joe King and Brazoria County Commissioner Stacey L. Adams for the Ribbon Cutting of the Brazoria County Precinct Facility; May 28, joined Assistant City Manager Jon Branson for the BayTRAN Luncheon with Harris County Commissioner Sylvia Garcia and joined the Northstar Scout District Nomination Committee; May 29, attended the H -GAC Transportation Policy Council Board of Directors Meeting, the first religious ceremony of Rabbi Yassi in the City of Pearland, and joined Assistant City Manager Jon Branson for the High Speed Rail Conference; May 30, spoke at the Troop No. 414 Eagle Scout Court of Honor; May 31 - June 4, attended the national Association of Regional Council Annual Meeting (the parent organization of H -GAC) in Denver, Colorado; June 5, attended the First National Page 1 of 13 — 6/8/2009 showing of President Barak Obama's Statue at Waterlights, the Project Graduation Welcoming Group, and spoke at Troop No. 404 Eagle Scout Court of Honor for six new Eagle Scouts; June 8, attended the Audit Committee Meeting. COUNCIL ACTIVITY REPORTS Councilmembers Owens, Saboe, and Kyle passed on giving a report. Mayor Pro -Tem Beckman reported May 20, she attended the Keep Pearland Beautiful Committee Meeting and the Brazoria County Cities Association meeting in Angleton, Texas; May 21, attended the Parks, Recreation, and Beautification Board Meeting and the Pearland Chamber of Commerce Luncheon; May 22, participated in the Eyes of Pearland; May 29 participated in the Eyes of Pearland; May 30, attended the Trail Trekkers Event at Centennial Park; June 2, attended the Retirement Reception for Jo Anne Burch at Leon Sablatura Middle School; June 8, voted at the Knapp Senior Center. Ms. Beckman stated Early Voting began today for the Runoff Election Councilmember Cole stated he attended the Pearland High School Graduation where his second child graduated. The Pearland Oiler Girls Softball Team was the Runner-up in the State Softball Tournament and they had a phenomenal season. The Pearland Oiler Boys Team will also be going to the State Softball Tournament. CITY MANAGER'S REPORT City Manager Bill Eisen stated due to the time he will pass on giving a report. Mayor Reid asked candidates for the Run-off Election to introduce themselves. Scott Sherman stated he is running in the election for City Council Position No. 2 and asked that everyone vote. Ben Carranza stated he is running in the election for City Council Position No. 2 and he would appreciate everyone's vote. CITIZENS: None. DOCKETED PUBLIC HEARING: None A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the May 11, 2009, Regular Meeting held at 7:30 p.m. 2. Minutes of the May 18, 2009, Special Meeting held at 6:00 p.m. 3. Minutes of the May 18, 2009, Regular Meeting held at 7:30 p.m. Page 2 of 13 — 6/8/2009 B. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MAY 18, 2009, REGULAR COUNCIL MEETING. City Council. C. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1382 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS AND A WATER/SEWER/ DRAINAGE EASEMENT ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1383 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1384 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD, UTILITY AND DRAINAGE IMPROVEMENTS ON CERTAIN Page 3 of 13 — 6/8/2009 REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-94 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR PURCHASE OF A LIGHT FOAM APPARATUS FOR THE FIRE DEPARTMENT. Mr. Bill Eisen, City Manager. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR NEWSPAPER PUBLICATION SERVICES TO A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. Mr. Bill Eisen, City Manager. Councilmember Kyle asked that Consent Agenda Item G be removed from the Consent Agenda for further discussion. Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt Consent Agenda Items A through G with the exception of item G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Kyle, Consent Agenda Item G was removed for further discussion. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-95 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR NEWSPAPER Page 4 of 13 — 6/8/2009 PUBLICATION SERVICES TO A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-95. City Manager Bill Eisen stated this item is the proposed award of a bid to The Reporter News to advertise for the City. Councilmember Kyle stated she would like to get clarification regarding the rationale behind reviewing the contract. Improving communication with citizens was one of the most important goals of the Council and she would like more detailed information regarding the pricing and circulation of the proposed newspaper. City Manager Bill Eisen stated estimated cost of the contract based on the low bid is $25,000. The actual cost will vary based on what type of advertisement the City requests. The low bidder is approximately one-third of the total price of the next bidder. The circulation was a factor that was considered; however, because of the cost difference and other available methods of citizens accessing information, Staff is recommending the lowest bidder. Councilmember Kyle stated she would like to review a few years of historical data for the newspapers to establish a true breakdown. The City's advertisements are not just a dollars issue; they are a communication issue. The circulation for one of the bidders is almost double the circulation of the low -bidder. She would like to establish if it would be better to pay the higher cost to reach a larger number of citizens. Mayor Pro -Tem Beckman stated the Journal is distributed through -out the City without being requested and the Reporter News is only distributed by subscription which may attribute to the higher circulation rate. Councilmember Kyle stated the distribution method may contribute to the circulation rate, but she would like to receive information verifying what attributes to the difference in circulation. Councilmember Cole stated this was a legal bid per column edge. He stated when it is broken down, the Reporter News is $3.20 per column edge and the Journal is $9.86 per column edge and asked what other types of publications are included in the bid. City Attorney Darrin Coker stated this bid is only for publications that are legally required to be advertised in the City's Official Newspaper. Discussion ensued between Council, City Attorney Darrin Coker, and Laura Emmons, The Reporter News, regarding the bid. Page 5 of 13 — 6/8/2009 Councilmember Kyle made the motion, seconded by Mayor Pro -Tem Beckman, to table Resolution No. R2009-95 to gather additional information regarding the subscriptions ratio and the related comparative cost for the Reporter Newspaper and Pearland Journal. Voting "Aye" Councilmembers Beckman and Kyle. Voting "No" Councilmembers Owens, Saboe and Cole. Motion Failed 3 to 2. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole. Voting "No" Councilmember Kyle. Motion Passed 4 to 1. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-64 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A ZONE CHANGE FOR CERTAIN REAL PROPERTY ON PLAT FILED FOR RECORD AS A PARCEL OF LAND CONTAINING APPROXIMATELY 0.5716 ACRES (24,900 SQUARE FEET), MORE OR LESS, BEING A PORTION OF LOT 1 AND ALL OF LOT 2, BLOCK 15, MIMOSA ACRES, CONVEYED FROM KENNETH W. QUINN AND WIFE, BARBARA QUINN, TO BRAZORIA DRAINAGE DISTRICT NO. 4 AS RECORDED IN FILE NO. 2007050415 OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (O.R.B.C.T.) AND ALSO RECORDED IN VOLUME 7, PAGES 15-16, BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.) AND A PORTION OF PEAR STREET (120'X 30' R.O.W.), AS RECORDED IN VOLUME 7, PAGES 15-16, (B.C.P.R.); (GENERALLY LOCATED AT 2501 FRANCIS DRIVE AND 4807 BROADWAY) ZONE CHANGE APPLICATION NO. 2009-04Z, TO PERMIT A CHANGE IN ZONING CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL -2 (R-2) DISTRICT TO GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4, APPLICANT AND OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City Manager. Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-64 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. 2009-04Z. Page 6 of 13 — 6/8/2009 City Manager Bill Eisen stated this is a requested zone change for the Brazoria County Drainage District No. 4. A Public Hearing regarding the request was held and the Planning and Zoning Commission reviewed the application and has recommended approval. Ruby Sandars, 2402 Francis Drive, addressed Council and stated this is the oldest subdivision in Pearland and she has concerns regarding changing a residential lot to general business at the front of the subdivision. The Brazoria County Drainage District No. 4 (B.D.D. No. 4) has purchased other property in the subdivision and is currently in negotiations for two others and she would like to see a plan for what is going to be done on these other properties. The drainage problems in the area have been exasperated since the B.D.D. No. 4 storage facility was completed and adding more buildings and parking lots in the area will only make it worse. Mayor Pro -Tem Beckman stated the City is working on the Town Ditch Project which is supposed to elevate the flooding problems in this area. Assistant City Manager Mike Hodge stated the Town Ditch Project, the Magnolia Road Improvements, and the Veterans Drive Improvements will all improve drainage problems in the area. Councilmember Owens stated information provided states "detention cannot be placed in the area at this time, as this property is privately owned" and stated the detention facility will be the first thing constructed. He is concerned about the statement that the City will be funding the construction of drainage solutions, because he does not want to see the City end up funding the drainage problems as they have had to do in the past in other areas. Assistant City Manager Mike Hodge stated the text in the comment is referring to ditches placed in the area that were City -funded. Mayor Pro -Tem Beckman stated there was a concern regarding the purchase of property along Pear Street, but it is her understanding that there will not be any structures placed on the property. The land could be an advantage to the neighborhood if it is left as green space. Mike Yost, Brazoria County Drainage District No. 4, stated B.D.D. No. 4 does not own the property along Pear Street at this time and cannot control the future of it. This zone change is only regarding property currently owned by the B.D.D. No. 4 Councilmember Cole stated he feels this situation would have been better suited for a Conditional Use Permit. He feels this particular zone change is okay because the property is already clear and can easily be included in the existing facility. It would be his recommendation that any other property purchased in the area would need to be designated as green space or detention. Page 7 of 13 — 6/8/2009 Councilmember Saboe asked why the zone change request is for General Business instead of a less intensive use. Assistant City Manager Mike Hodge stated General Business zoning is the most consistent with other zoning in the area. Councilmember Saboe stated he feels a Conditional Use Permit would be better suited for this property and would allow a less intensive use. Discussion ensued between Council, Assistant City Manager Mike Hodge, and Jeff Brennan, Brazoria County Drainage District No. 4, regarding the zone change. City Attorney Darrin Coker stated, because the Brazoria County Drainage District No. 4 has condemnation rights to the property, they are exempt from the zoning process. The B.B.D. No. 4 is still subject to building requirements and the Unified Development Code. Discussion ensued between Council and City Attorney Darrin Coker regarding the zone change. Ruby Sandars, 2402 Francis Drive, addressed Council and stated the exemption does not allow the subdivision any protection. City Attorney Darrin Coker stated that it is correct that the exemption does not allow any protection, but the entities that are exempt should have the best interest of the City in mind. Councilmember Kyle made the motion, seconded by Councilmember Owens, to table Ordinance No. 2000M-64. Voting "Aye" Councilmembers Cole, Kyle, Beckman, and Owens. , Voting "No" Councilmember Saboe. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2009-99 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 141 OF APPROXIMATELY 65 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2009-99. after discussion, this item was tabled. Page 8 of 13 — 6/8/2009 City Manager Bill Eisen stated this item is a request to consider authorizing the annexation of property located in the City Extraterritorial Jurisdiction (ETJ) by Fort Bend County Municipal Utility District (MUD) No. 141. City Attorney Darrin Coker stated the property is a 65 -acre tract of which about half is located in the City ETJ. The property has been sold to Fort Bend Independent School District and they are planning to build an alternative learning center on the site. The request is for Council to approve the portion of the land located in the City's ETJ to be annexed into Fort Bend County Municipal Utility District No. 141. Municipal Utility Districts have the right to choose which jurisdiction they are annexed by and this particular MUD has stated it will choose the City of Arcola. Councilmember Kyle asked for clarification on what the difference is between what this MUD is requesting and other MUD annexation requests where the City has opposed the request. City Attorney Darrin Coker stated the request by this MUD is different from other requests because it is not located within the City Limits of Pearland. The City has contended in the past that when a MUD is located within the ETJ and City Limits of multiple cities, it does not have the right to choose a jurisdiction because they do not have the ability to take a City's incorporated limits from it. This MUD is located in a small portion of the City ETJ and will be developed by Fort Bend Independent School District so it will not be taxable property. Councilmember Kyle stated the current plan is for one building to be located on the property and asked how the City can be sure the remaining property will not be used for commercial use. Eric Ongar, Skymark Development, stated the Fort Bend Independent School District provided the attorney with a letter of intent to build an alternative learning center and possibly a future middle school. There are no intentions to sell off the remaining portions of the property. Councilmember Cole stated MUD No. 141 could provide services to the property without annexing it. City Attorney Darrin Coker stated the MUD has stated it does not want to provide service to any outside entities. He stated Missouri City and Alvin have already approved the annexation. Mayor Pro -Tem Beckman stated the City does not lose anything by approving the annexation. Page 9 of 13 — 6/8/2009 Discussion ensued between Council, City Manager Bill Eisen, and City Attorney Darrin Coker regarding the request. Councilmember Cole made the motion, seconded by Councilmember Owens, to table Resolution No. R2009-99 to determine what entity is responsible for the cost of specific services. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-97 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A REAL ESTATE TRANSACTION BY THE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL DISTRICT OF FORT BEND COUNTY. Mr. Bill Eisen, City Manager. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-97. City Manager Bill Eisen stated, because of the significant growth in Fort Bend County, their Central Appraisal District has outgrown the current facility. The Board has approved the construction of a new facility which will increase their budget by five - percent which will be allocated out to the participating entities. The City of Pearland's increase is expected to be $138 a year. Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2009-96 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE OTHER VICTIM'S ASSISTANCE GRANT ("OVAG") THROUGH THE OFFICE OF THE ATTORNEY GENERAL. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-96. City Manager Bill Eisen stated the Victim's Assistant Program has been active in the Pearland Police Department for several years. The program is almost completely funded through the Other Victim's Assistance Grant. This item is for Council approval to submit an application for funds available through this grant Page 10 of 13 — 6/8/2009 Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REMOVE FROM TABLE RESOLUTION NO. R2009-66. City Council. This item passed to a future Agenda. COUNCIL ACTION — RESOLUTION NO. R2009-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES ASSOCIATED WITH THE HILLHOUSE SERVICE CENTER PROJECT. Mr. Danny Cameron, Director of Public Works. This item passed to a future Agenda. COUNCIL ACTION — RESOLUTION NO. R2009-100 — 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 ASSOCIATED WITH THE ORANGE STREET/TOWN DITCH PROJECTS. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-100, as amended. City Attorney Darrin Coker stated the Projects Department is anxious to begin the Orange Street and Town Ditch Project. This item will allow the City to make one of the required right-of-way acquisitions with Pipe and Tube located on Orange Street. This Development Agreement will allow the company to incorporate their property extension into the project at their cost. The company is currently working with the Texas Commission on Environment Quality (TCEQ) on a clean-up of some of the property the City would acquire. He recommends the Council amend the motion that the agreement would be contingent upon the property receiving a clean bill of health from the TCEQ. Brief discussion ensued between Council and City Attorney Darrin Coker regarding the Development Agreement. Councilmember Owens made the motion, seconded by Councilmember Kyle, to amend the original motion to make the approval of Resolution R2009-100 contingent upon the property receiving a clean bill of health from the Texas Commission on Environment Quality (TCEQ). Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Page 11 of 13 — 6/8/2009 Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a vote on the original motion as amended. Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:44 p.m. to discuss the following: 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 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. Mr. Bill Eisen, City Manager. 3. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:00 p.m. COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT INCENTIVES. City Council. No action taken by Council. COUNCIL ACTION — DISCUSSION REGARDING CITY MANAGER'S 2009 - 2010 ANNUAL GOALS. City Council. Page 12 of 13 — 6/8/2009 No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 11:01 p.m. Minutes approved as submitted and/or corrected this the 22nd day of June, A.D., 2009. l/NtJ Tom Reid Mayor ATTEST: NRL Y,djng gbwT-y SeqVtary Page 13 of 13 — 6/8/2009