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Regular City Council Meeting April 14, 2008 Page 4 ADMINISTRATION SERVICES FOR 2007-2008; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Subject to the corrections as outlined in item 6, Council Member Wilson made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 6, 7a, 7b, 7c, 8, 9, 10, 11, 12, 13, and 14. Regular Agenda 15. Hear presentation by Gary and Rebecca Nash concerning future improvements to drainage easement behind the 600 block of Johnson Woods Drive. Gary Nash gave a presentation regarding flooding damage to property owners as a result of needed repairs to a 25 foot municipal drainage easement. He said during the last two large rains that eight houses had suffered some degree of flood damage inside the structures. He asked Council to give the city engineer encouragement to correct this problem and address it during the budget process. 16. Convene in Executive Session pursuant to section 551.071 and Section 551.074 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and litigation exception under Texas Open Meetings Act and to discuss personnel matters as follows: a. To receive Attorney advice on legal issues related to Lake Pat Mayse Initiative Water Petition and City Charter process for handling of the Initiative Petition; and to receive Attorney advice pertaining to legal issues related to the ordinance on raw water sales from Lake Pat Mayse to persons or entities outside of Lamar County, Texas. b. Annual evaluation of the City Attorney. c. Annual evaluation of the Municipal Court Judge. d. Six-month evaluation of the City Manager. Council Member Wilson said he would like to move this to a later part of the agenda to coincide with item 19. Council Member Strathern asked for clarification of b, c and d. He said it was his understanding they were turning in their documents and inquired if they could do so in public. Mayor Freelen said the executive session for items b, c and d would give Council the opportunity to share any other comments with the employees. Council Member Strathern asked the meaning of the language in 16. City Attorney McIlyar explained that Section 551.071 of the Texas Government Code authorized City Council to meet in closed session to receive legal advice from their legal counsel on any matter relating to city business and as posted. Mr. McIlyar said he was not allowed to reveal Council's confidences or his legal advice to Council unless so directed. Kent McIlyar told Council this item was posted as an executive session to give Council legal advice on the City Charter process, the requirements for handling an initiative petition, and to give legal advice on any legal .. D~I~J