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2009-11-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, NOVEMBER 9, 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 7:45 p.m. with the following present: Mayor Tom Reid Councilmember Woody Owens Councilmember Scott Sherman Councilmember Steve Saboe Councilmember Kevin Cole City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Felicia Kyle Others in attendance: Jon Branson Assistant City Manager; J.C. Doyle Police Chief; Trent Epperson Project Director; Bonita J. Hall Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Narciso Lira City Engineer; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Bob Pearce Purchasing Officer. Mayor Reid stated he received a communication from the Secretary of Defense Robert Gates and Fort Hood Commanding Office Lieutenant General Cone asking that we observe a moment of silence to remember and honor those who lost their lives or were injured in the tragic occurrence at Fort Hood. A moment of silence was observed by all in attendance. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by J. C. Doyle Police Chief. MAYOR'S ACTIVITY REPORT Events attended and upcoming events. Mayor reported October 27 he attended the Clear Lake Regional Medical Hospital Briefing at the Commerce Center, and presented a Proclamation to the Assistant to Harris County Judge Ed Emmitt Rose Hernandez; October 29, joined the Keep Pearland Beautiful Board for a Tree City Presentation by John Walters, attended the BAYTRAN Board of Directors Meeting, and presented a Proclamation to Executive Director of Pearland Economic Development Corporation Fred Welch; October 30, attended the Pearland Chamber of Commerce Ribbon Cutting for Dynamic Fitness at Page 1 of 13 — 11/9/2009 the Town Center; November 1, presented a Proclamation for the Redeemed Christian Church Dedication; November 2, attended the Pearland Agenda Meeting, the Pearland City Council Workshop; November 3, joined City Manager Bill Eisen at the Brazoria Alliance Annual Meeting, joined Chamber of Commerce Vice President -Tourism Bryan Roller for the Committee on Destination Marketing Meeting; November 4, presented a Proclamation to Municipal Court Administrator Pat Riffel and her Staff on National Court Week, joined Assistant City Manager Jon Branson for the Chinese Transportation Association Award Dinner; November 5, spoke at the Pearland And Friendswood Quarterly Meeting, spoke at the Graduation of the Pearland Independent School District Employees for ESL Classes, spoke at the Shady Crest Home Owners Association Meeting; November 6, attended the Chicago Title Community Fair; November 7 cut the ribbon for the Bella Vita Cancer Walk, and spoke at the Eagle Scout Court of Honor for Troop 464; November 9, gave video comments for the Commerce Building Economic Development Equipment, joined Chamber of Commerce Leadership Pearland Group for dinner before the Pearland City Council Meeting. Mayor Reid recognized the Leadership Pearland Group for 2010: Angela Parker, Jenny Brannon, John Hundley, Joshua Hari, June Ellis, Kimberly Edman, and Sheila Reed. COUNCIL ACTIVITY REPORTS Councilmember Owens reported he attended an after-hours get together at the Hampton Inn in Pearland. Councilmember Sherman reported on November 4 he spoke at the Pearland High School- Alvin Community College Dual Credit Government Class. Mayor Pro -Tem Kyle was absent from the Chambers. Councilmember Saboe reported he and City Manager Bill Eisen interviewed candidates over the past couple of weeks for the Pearland Economic Development Corporation Executive Director position. He attended the 10th Anniversary of the Smalley Nobel Prize and Patent associated with that at Rice University. They have a process they use to develop nano tubes that becomes the foundation for experiments. He wants to stay involved with those to move forward with the World NanoTechnology Center in Pearland. Councilmember Cole stated he attended the Health Care Leadership Group Meeting. along with Mayor Reid and others. Hospital Corporation of America wants to continue to communicate to acquaint themselves with the City to become more aware of what is going on in the community prior to building a hospital off SH 288 and Shadow Creek Parkway. He stated he is the City Council representative to the Northern Brazoria Educational Alliance Board and they are looking to put together a state of the art advanced learning center for cte/ technical education dual credit classes for Pearland Page 2 of 13 — 11/9/2009 Independent School District and ultimately they would like to see it for Alvin Independent School District. They need to get it planned, programmed and up and running and expanded. He attended a meeting with the Pearland Independent School District about the possibility of holding this school at the Bailey Road Campus (Old Dawson High School). He attended an Annual Alliance Meeting at Columbia Lakes. He participated in a panel appointed by Congressman Pete Olson to review and interview prospective candidates for all the service academies. At City Hall this past weekend we hosted these incredible young men and women. Appointments will happen early in the year and it will be exciting to see how many of these candidates are selected for final appointment. CITY MANAGER'S REPORT City Manager Bill Eisen reported the Pearland Economic Development Corporation Executive Director position candidates are down to two finalists who have been asked to come in for a second interview; one interview was today and one is tomorrow. He anticipates that a candidate will be selected for the Pearland Economic Development Corporation members to visit with at their next meeting on November 23. Due in part to assistance from the Economic Development Corporation, Freese & Nichols is relocating their office to the Pearland Town Center. They will be the first office space tenant there. CITIZENS Larry Marcott, 3606 Inverness Court, addressed Council and stated he is there to discuss public safety. He stated there are a lot of Police and City of Pearland employees out on the streets. At Sunset Meadow Drive and Winding Road, where Wells Fargo is, there are two street lights, one of which is overgrown by trees. Mr. Marcott presented a picture of the area. He stated this did not just happen; it has been going on and on. He further stated street lights were something he focused on while on City Council. Police could stop and get the number and report it which citizens do not want to do because of danger in doing it. We do not want to pay money every month to the light company for lights that are not on. He would like to utilize our City staff more to recognize and report these things. This is all public safety. We need to be more cognizant of it and aware of it as citizens and City of Pearland employees. Michael Klaus, 5016 Groveton, addressed Council and stated his topic is the drainage studies being done on Clear Creek, Mary's Creek, Chiggers Creek and Cowart Creek. He stated he received a copy of the study for Clear Creek and is concerned that the dates utilized did not coincide with the dates of events he is aware have taken place. There was a study completed in 2006 and the study he received is dated December 2006; however, the documents are from 2005. In his review of the documents he determined the data used for the study is from 2001 and 2005. The 2001 model, according to our standards, is not supposed to be used because it is not the latest and not accepted by the National Flood Insurance Program for flood insurance. He is Page 3 of 13 — 11/9/2009 concerned about the delay in the 2006 data because of timing of the submittal process to Federal Emergency Management Agency and their acceptance of the data. He wants to make sure that there is not a massive problem in the future requiring all these studies to be done again. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the October 26, 2009, Regular Meeting held at 7:30 p.m. 2. Minutes of the November 2, 2009, Special Meeting held at 8:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1322-1 — AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS BY AMENDING ARTICLE VI, GRAFFITI ABATEMENT; PROVIDING FOR A PENALTY; PROVIDING DEFENSES; HAVING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE REAPPOINTMENT OF HAROLD GENTRY, POSITION NO. 3, AND VENUGOPAL MENON, POSITION NO. 1, TO SERVE ON THE HEALTH FACILITIES DEVELOPMENT BOARD FOR A 2 -YEAR TERM EXPIRING NOVEMBER 1, 2011. Mayor Tom Reid. D. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE RATIFICATION OF THE CITY MANAGER'S REAPPOINTMENT OF JAMES E. GILBERT, POSITION NO. 2, TO SERVE ON THE CIVIL SERVICE COMMISSION FOR A 3 -YEAR TERM EXPIRING NOVEMBER 1, 2012. Mr. Bill Eisen, City Manager. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-174 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE HARRIS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Darrin Coker, City Attorney. Page 4 of 13 — 11/9/2009 F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-175 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-178 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING PARTICIPATION IN THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT (JAG). Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-177 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT SUPPLY CONTRACT POLICE DEPARTMENT AMMUNITION. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2009-176 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR CANDIDATES FOR THE FORT BEND COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through I as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS COUNCIL ACTION — RESOLUTION No. R2009-184 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING NOVEMBER 11, 2009 AS VETERANS DAY. Mr. Bill Eisen, City Manager. Councilmember Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2009-184. Page 5 of 13 — 11/9/2009 Mayor Reid asked Councilmember Sherman to read the Resolution R2009-184 in its entirety: WHEREAS, courageous men and women from all walks of life have donned the uniform of the Armed Forces throughout our history and sworn an oath to support and defend the principles upon which our country was founded; and WHEREAS, the recognition of our veterans goes beyond their past or current sacrifice on the battlefield to our appreciation of those who, by answering the call of duty, have inspired our Nation with their courage, compassion and dedication to their communities and citizenry; and WHEREAS, the unwavering commitment of our soldiers, sailors, airmen, marines and coast guardsmen have preserved our freedoms and saved millions around the world; and WHEREAS, we continue to draw inspiration from the heroism and dedication of those who currently serve and sacrifice for the cause of liberty and justice; and WHEREAS, it is fitting that we in the City of Pearland honor America's military veterans through whose service and sacrifice we enjoy freedom today. BE IT RESOLVED THAT MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF PEARLAND TEXAS: Section 1. Ask all citizens both near and far to join us in recognizing: Veterans Day, November 11, 2009 Discussion ensued between Council and Mayor Reid. Voting "Aye" Councilmembers Owens, Sherman, Saboe, and Cole. Honorary Vote "Aye" Mayor Reid, Veteran of the United States Navy. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. Page 6 of 13 — 11/9/2009 COUNCIL ACTION — RESOLUTION NO. R2009-168 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT (PHASE 3). Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-168. City Manager Bill Eisen stated this is Phase 3 of the construction of Magnolia Road. This particular phase extends from Harkey Road to where the road will tie into South Fork Road on the western terminus of the scope of the contract. The low bidder is Cross Roads Industries Inc. with a bid of $9,822,329.66. The scope of this project will also include widening Cullen Parkway from Fite Road to South Fork Road. This is included in the bid price. Councilmember Cole stated he would like to have Crossroads Industries Inc. make sure that the project runs smoothly. They have a great opportunity to come out of this project with some good recommendations. He stated he would like them to make sure that they are ready to go quickly, do not have any problems and that everything goes smoothly. Shad Cundiff, Project Manager/Estimator for Cross Roads Industries, Inc. stated he appreciates the opportunity to speak to City Council. He stated they have a great opportunity with the City of Pearland. They are eager to come to work here and do an outstanding job. They are a real hands-on company and hope that being there tonight will show that they will be very accessible. Councilmember Owens stated this is a very important job for the City of Pearland to make this final connection. There were some concerns that did come up and Crossroads is aware of them. He just wants Crossroads Industries, Inc. to come up to fast start, do a good job and complete the project. Voting "Aye" Councilmembers Owens, Sherman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-179 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR THE STATE HIGHWAY 35 IMPROVEMENT PROJECT. Mr. Trent Epperson, Project Director. Page 7 of 13 — 11/9/2009 Councilmember Cole made the motion, seconded by Councilmember Saboe, to approve Resolution No. R2009-179. City Manager Bill Eisen stated this relates to the project to widen State Highway 35 from the Beltway to approximately Walnut Street. Because of the type of funding the State is utilizing to construct this particular group of improvements, all roadway costs will be paid for by the State with no local share on it. It is necessary for the City of Pearland to relocate its water and sewer lines that will be in the way of construction. Under the State's policy, it is necessary for the City of Pearland to bear the cost of that. This advanced funding agreement provides funding to the State for the relocation of those water and sewer lines which is estimated to cost a little under 4.2 million dollars. If recent history holds up, the actual bid price, once the work is bid, probably will be more favorable to the City than that. Councilmember Cole asked if the bid process has begun. Project Director Trent Epperson stated they will be receiving bids in December and it will be advertised in a week or so. Discussion ensued between Council, Assistant City Manager Mike Hodge and Project Manager Trent Epperson. Councilmember Cole asked about the possibility of TxDOT holding an open house. Project Director Trent Epperson stated that if TxDOT was not willing to do an open house, the City can advertise in newspapers, mailings and door knockers to people directly adjacent to the roadways. Discussion ensued between Council and Project Manager Trent Epperson. Voting "Aye" Councilmembers Cole, Saboe, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-182 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A PERFORMANCE AGREEMENT BETWEEN THE PEDC AND SIGNATURE COMPANIES. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2009-182. Page 8 of 13 —11 /9/2009 City Manager Bill Eisen stated that City Council is familiar with this tract of land located at what will be the northwest corner of Magnolia Road and FM 1128. This tract of land was rezoned by City Council and finally approved December of last year. The owner is planning mixed-use facilities which include a hospital, office buildings and things of that nature. The property has water service but does not have sewer service available to it. As a result of that, the developer has approached the Pearland Economic Development Corporation Board to request that they consider funding for construction of that sewer line to serve the property. The Pearland Economic Development Board has agreed to do so with the stipulation, added to an agreement for that funding, that the developer would agree to, within a 5 year time period, complete eight million dollars worth of investment on the property in the form of building improvements. City Council is being asked to ratify the action of the Pearland Economic Development Corporation Board subject to the developer providing eight million dollars of investment, within five years at the location that would be served by the sewer line. Councilmember Sherman asked if the five-year clock starts today. City Manager Bill Eisen stated it starts on completion of the improvement. Discussion ensued between Council and City Attorney Darrin Coker. Voting "Aye" Councilmembers Owens, Sherman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. FIRST READING OF ORDINANCE NO. 1108-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29 1/2, TREES AND VEGETATION, OF THE CITY OF PEARLAND CODE OF ORDINANCES AND ESTABLISHING NEW CRITERIA AND REGULATIONS FOR THE PRESERVATION AND MANAGEMENT OF PUBLIC TREES OF TREES IN THE CITY OF PEARLAND, TEXAS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A CODIFICATION CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Ms. Michelle Smith, Director of Parks and Recreation. Councilmember Sherman made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1180-1 on its first reading. City Manager Bill Eisen stated the City Council held a Workshop regarding this issue. This Ordinance makes some amendments to the current City of Pearland Tree Ordinance that are required in order for the City to participate in the TREE CITY USA program. Page 9 of 13 — 11/9/2009 Voting "Aye" Councilmembers Cole, Saboe, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — RESOLUTION NO. R2009-183 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE EAST MARY'S CREEK REGIONAL DETENTION POND. Mr. Trent Epperson, Project Director. Councilmember Saboe made the motion, seconded by Councilmember Cole, to approve Resolution No. R2009-183. City Manager Bill Eisen stated this is for excavation for detention at the East Mary's Creek Detention Pond location. The amount of the bid is $3,175,359.98. Because of an agreement with Brazoria Drainage District No. 4, the cost of the facility will be partly born by Brazoria Drainage District No. 4 at 37% and the City of Pearland the remainder. Councilmembers questioned the 67% and 37% figure stated on the Agenda Request. Project Manager Trent Epperson clarified that the percentages are 63% for the City of Pearland and 37% for Brazoria Drainage District No. 4 which is done by contract and has already been signed. Councilmember Sherman stated the company name needs to be changed on the Resolution. Councilmember Saboe stated our budget for this is 4.6 million dollars and our expenditures in the 3.2 million dollar range. He does not understand the potential return to fund total provided for this project. The total budget is 6.7 million dollars, but the City's budget being 4.6 million dollars puts the project under the budget by approximately 1.5 million dollars. He asked for clarification on why the potential return to funds amount provided is $2,963,974 instead of $1.5 million dollars. Project Manager Trent Epperson stated 63% would return to the City's fund and 37% to Brazoria Drainage District No. 4's fund. Discussion ensued between Council, City Manager Bill Eisen, Assistant City Manager Mike Hodge and Project Director Trent Epperson regarding the project. Page 10 of 13 — 11/9/2009 City Manager Bill Eisen stated work within the subdivision has already been done under the partnership with the Home Owners Association. The amount of money the City had available from the Home Owners Association did not do everything that was in the original design Staff took a few things out. Things that were considered relatively minor impact items were removed. Councilmember Saboe asked if their design for the project did incorporate the change in the weir design and weir height. City Engineer Narciso Lira stated that the weir was raised in the Public Works project. The only thing that would be outstanding after the East Mary's Creek is complete is the bypass work that Brazoria Drainage District No. 4 is scheduled to do. Voting "Aye" Councilmembers Owens, Sherman, Saboe, and Cole. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. COUNCIL ACTION — REGARDING THE CLEAR CREEK FLOOD CONTROL PROJECT. Mr. Bill Eisen, City Manager. Councilmember Cole made the motion, seconded by Councilmember Sherman to place on table for discussion. After discussion, this item was tabled. Michael Klaus, 5016 Groveton, stated the Clear Creek Water Project is at a critical stage where the decision on what to do will have to be made. He has reviewed the Resolutions to be submitted to Congressman Pete Olson and wants to make sure the City does not make a mistake to come back to haunt them. Other cities have listed their issue with the activity in the requirement for the Clear Creek Shed Project as explosive growth. Since Hurricane Alicia in 1983, all the communities along the Watershed have been participating in the National Flood Insurance Program and have been required to manage flooding issues in their own community. He feels that stating that the City cannot deal with its own growth is not a good when it is being looked at for a funding commitment. He asked if we can turn this around to stress things we have done to mitigate ourselves and stress things that the City cannot control. City Manager Bill Eisen stated Brazoria Drainage District No. 4 Chairman Jeff Brennan and the Clear Creek Water Shed Committee has drafted this letter to send to our Federal Elected Officials to ask them to move ahead with the Clear Creek Project.. Chairman Brennan feels that if the action was signed by all the elected officials rather than pass a resolution, that may have more impact. Mayor Reid recommended the letter be re -typed. Page 11 of 13 — 11/9/2009 Councilmember Owens stated he would like to review the benefit for the City paying the consultant working on this project and stated Council has not received an update report in quite a while. City Manager Bill Eisen stated he feels it is beneficial for the City to keep the consultant for the project and will request an update report be provided to Council. Discussion ensued between Council and City Engineer Narciso Lira regarding the project Councilmember Cole stated the letter should contain some factual editorial included in it and possibly a summary of the amount of projects that have been completed by the City and Brazoria Drainage District No. 4 for flood control. Discussion ensued between Council and City Manager Bill Eisen regarding the proposed letter. Councilmember Sherman stated he is not comfortable signing a letter that he has not reviewed. City Manager stated if everyone is not comfortable signing the letter without reviewing the final copy, the item can be moved to a future agenda. Councilmember Cole made the motion, seconded by Councilmember Sherman to table this item to be placed on a future agenda. Voting "Aye" Councilmembers Cole, Saboe, Sherman, and Owens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Kyle absent. Mayor Reid recessed the meeting at 9:00 p.m. to complete the previous workshop Mayor Reid called the meeting back to order at 9:38 p.m. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:39 p.m. to discuss the following: Page 12 of 13 — 11/9/2009 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:04 p.m. COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 10:04 p.m. Minutes approved as submitted and/or corrected this the 23d day of November, A.D., 2009. Tom Reid Mayor ATTEST: z off:• Yoyng Lofting, TR t: City Secretary Page 13 of 13 — 11/9/2009 THIS PAGE LEFT BLANK INTENTIONALLY