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2015-09-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, SEPTEMBER 14, 2015, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:40 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Tony Carbone Councilmember Derrick Reed Councilmember Gary Moore Councilmember Keith Ordeneaux Councilmember Greg Hill City Manager Clay Pearson City Attorney Darrin Coker Deputy City Secretary Maria Rodriguez Others in attendance: Claire Bogard Director of Finance; Jon Branson Deputy City Manager; Matt Buchanan President of Economic Development Corporation; J.0 Doyle Police Chief; Trent Epperson Assistant City Manager; Roland Garcia Fire Marshal, Tara Kilpatrick Budget Officer; Chris Orlea Interim Director of Parks and Recreation; Lata Krishnarao Director of Community Development; Sue Polka Director of Engineering; Eric Wilson Public Works Director; Sparkle Anderson Communications Manager; Joel Hardy Grants Coordinator; Richard Mancilla Assistant City Engineer; Daniel McGhinnis Chief Information Officer; Lawrence Provins Deputy City Attorney; Andrea Brinkley Project Manager; Letitia Farnie Municipal Court Judge. ' The invocation was given by Mayor Pro -Tem Carbone and the Pledge of Allegiance was led by Police Chief J.C. Doyle. ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Moore, Reed, Ordeneaux, and Hill. Mayor Reid stateq it is an honor to have the Shaanxi Provincial Delegation from China, and thanked them for attending the Pearland Council Meeting. CITIZEN COMMENTS: Larry Marcott, 3606 Inverness Court, addressed Council stating he is against Item 3 under New Business, Baker's Landing. He further stated the City has a Planned Development and it does not show this area as residential. If this is not a good plan it needs to be modified and not by residential houses coming in. He stated he has been against it and will always be against it. Jerry Koza, 2823 Knobhill, addressed Council stating his concerns with the new intersection ' at Oiler Drive and Pearland Parkway. He further stated he is opposed to Baker's Landing. Alan Mueller, 1408 Bentlake, thanked the Planning and Zoning Commission for recommending approval of the Baker's Landing Planned Development with no additional conditions. He further stated he and the Baker family are willing to voluntarily add the General Business (GB) use restrictions as well as the sliding scale height restriction that was Page 1 of 13 - 9/14/2015 discussed at the Public Hearing. He presented an enhanced Bakers Landing Plan to Council if Council is so inclined to offer this up as an amendment. ' Paul Grohman, 4201 Broadway, addressed Council stating the changes that were requested by Council has been made regarding Bakers Landing. He stated most of the neighbors and businesses want to see this project happen. Kevin Cole, 3808 Houston Lake Drive, addressed Council stating he is representing the Baker Family Trust. He stated the Baker family is in agreement regarding the purposed changes. He further stated what is being presented tonight are some changes that were made to address some of Councils comments made at the Public Hearing. Mike Bohm, 14100 Southwest Freeway, Suite 500, addressed Council stating he is the Project Manager for DR Horton. He reiterated some of the benefits for the community if the vote is in favor of Baker's Landing. Eric Windsor, 14100 Southwest Freeway, Suite 500, addressed Council stating he is the Developer for DR Horton. If Council votes in favor of Baker's Landing, Council will be making the previously Planning and Zoning approved plan better for the existing area residents and businesses. He further stated this will promote future commercial development. Jonathan Woodruff, 14100 Southwest Freeway, Suite 500, addressed Council stating he is ' with DR Horton. He outlined some of the benefits regarding drainage, a detention pond, and storm sewers if the vote is in favor of Baker's Landing. Dr. Luis Craig, 2537 Houston Avenue, addressed Council stating his office is directly across from the proposed building site. He stated looking at the community as a business owner he cannot see anything greater than having a residential community in the neighborhood. He stated he is in favor of Baker's Landing and he hopes Council sees the pluses outweigh the minuses. Vernice Seriale Jr., 11612 Cross Spring Drive, addressed Council stating his concerns of the tension across our nation regarding Law Enforcement. He stated all lives matter, and there is a line being drawn in the sand. If something is not done that line may become permanent. He stated he is purposing a relationship between the community and the Law Enforcement community. Relationships will help ease the tension. He stated he would like to challenge the City of Peadand, the Mayor's office, and City Councilmembers that a "Think Tank" is developed of leaders in the community including our children to come together with ideas on building relationships between Law Enforcement and the Community. I Page 2 of 13 — 9/14/2015 PUBLIC HEARING: None CONSENT AGENDA: A. Consideration and Possible Action— Approval Of Minutes: 1. Minutes of the August 10, 2015, Regular Meeting, held at 6:30 p.m. 2. Minutes of the August 17, 2015, Special Meeting, held at 6:00 p.m. 3. Minutes of the August 17, 2015, Joint Public Hearing, held at 6:30 p.m. 4. Minutes of the August 10, 2015, Special Meeting, held at 6:00 p.m. B. Consideration and Possible Action — Second and Final Reading of Ordinance No. 943-22 — An Ordinance of the City Council of the City of Pearland, Texas, amending portions of the Thoroughfare Plan of the City in the following locations: realignment of the future Westminster Drive connection from Barry Rose Parkway to a connection with Pearland Parkway; elimination of an extension of West Lea Lane, a Minor Collector between Manvel Road and CR 107; and removal of the collectors located at the northwest corner of Main Street and Bailey Road; having a savings clause, a severability clause, and a repealer clause; providing for codification, publication and an effective date. C. Consideration and Possible Action — Resolution No. 112015-151 — A Resolution of the City Council of the City of Pearland, Texas, establishing the Council Meeting times and dates for 2016. D. Consideration and Possible Action — Resolution No. R2015-157 — A Resolution of the City Council of the City of Pearland, Texas, authorizing the sole source purchase of an alerting system for Fire Station #2 in the amount of $54,740.60 from Purvis Systems. E. Consideration and Possible Action — Resolution No. R2015-156 — A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase and installation of lift station auto dialers to Electrical Field Services in the amount of $202,944.00. F. Consideration and Possible Action — Resolution No. R2015-155 — A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract with Lone Star Pavement Services, Inc. for road striping services in the estimated amount of $120,000 for the period of September 16, 2015 through September 15, 2016. 1 Page 3 of 13 — 9/14/2015 G. Consideration and Possible Action — Resolution No. R2015-154 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for water and wastewater testing services to Eastex Environmental ' Laboratory, Inc. in the estimated amount of $140,000.00 for the period of September 16, 2015 through September 15, 2016. H. Consideration and Possible Action — Resolution No. R2015-158 — A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for Bank Depository Services with Wells Fargo for two additional years, beginning October 1, 2015 and ending September 30, 2017. Consideration and Possible Action — Resolution No. R2015-159 - 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 Texas BuyBoard for the purchase and installation of playground equipment at the Shadow Creek Ranch Sports Complex, to Kipman, Inc., in the amount of $148,598.70. Councilmember Moore asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Councilmember Hill made the motion, seconded by Councilmember Moore, to adopt Consent Agenda Items A through I with the exception of Item B as presented on the Consent Agenda. Voting "Aye' Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. ' Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: As requested by Councilmember Moore Consent Agenda Item B was removed for further discussion. B. Consideration and Possible Action — Second and Final Reading of Ordinance No. 943-22 — An Ordinance of the City Council of the City of Pearland, Texas, amending portions of the Thoroughfare Plan of the City in the following locations: realignment of the future Westminster Drive connection from Barry Rose Parkway to a connection with Pearland Parkway; elimination of an extension of West Lea Lane, a Minor Collector between Manvel Road and CR 107; and removal of the collectors located at the northwest comer of Main Street and Bailey Road; having a savings clause, a severability clause, and a repealer clause; providing for codification, publication and an effective date. ' Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve Ordinance No. 943-22 on its Second and Final Reading. Page 4 of 13 — 9/14/2015 City Manager Clay Pearson reported Staff has identified a few areas of the current Thoroughfare Plan that due to upcoming development in the area, need to be amended to ' reflect current conditions. Councilmember Moore had concerns regarding speed control, and cut through traffic in this neighborhood. He asked if there will be stop signs or speed bumps to control the traffic. Assistant City Engineer Richard Mancilla stated the City is working with the Consultant Developer and Homeowners of the neighborhood on a design that everyone will be comfortable with. He stated it is not finalized at this time, they are still working on it. Voting "Aye" Councilmembers Reed, Carbone, Ordeneaux, and Hill. Voting "No" Councilmember Moore. Motion Passed 4 to 1. NEW BUSINESS: First Reading of Ordinance 1517 - An Ordinance of the City Council of the City of Pearland, Texas, adopting a Comprehensive Plan to act as a guide for regulating land use within the incorporated limits of Pearland; containing a savings clause, a severability clause and a repealer clause; and providing an effective date. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Ordinance No. 1517 on its First Reading. City Manager Clay Pearson reported Council is being asked for approval of the proposed 2015 Comprehensive Plan. Mayor Pro -Tem Carbone thanked Staff for their hard work on this plan. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. Motion Passed 5 to 0. First Reading of Ordinance No. 2000M-135 - 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, being a 5.4 acre tract of land in the H.T. & B.R.R. Co. Survey, Section 80 (AXA) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock ' Commercial Site No. 1, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas, (generally located on the south side of Broadway Street, west of Pearland Town Center, Pearland, TX), Zone Change 2015-06Z, a request of Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC) owner; for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Page 5 of 13 - 9/14/2015 Business (GB) zoning district; on approximately 5.4 acres of land, providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve ' Ordinance No. 2000M-135 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Zone Change 2015-06Z. City Manager Clay Pearson reported Council is being asked to consider the change in zoning from Planned Unit Development (PUD) to General Business (GB) of approximately 5.4 acres located on the Southside of Broadway Street, west of Pearland Town Center, Pearland, Texas. Voting "Aye" Councilmembers Moore, Carbone, Ordeneaux, and Hill Voting "No" Councilmember Reed. Motion Passed 4 to 1. First Reading of Ordinance No. 2000M-134 - 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, being all of that certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1, A-147 ' and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria County, Texas, out of the tracts of land described as Lots A, B, C, D, E, G, H. I, J, K, L, M, N, 0, P, Q, R, S, T, U and V", and 2.011 acres in the deed from Felton M. Baker Revocable Trust, recorded under Document Number 2005011939, of the Official Records of Brazoria County, Texas (generally located between Main Street to the west and Old Alvin Road to the east, and south of Walnut Street, Pearland, TX), Zone Change 2015-05Z, a request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C. Baker Revocable Trust, owner; for approval of a change in zoning from the General Commercial (GC) and Office and Professional (OP) zoning district, to a Planned Development (PD) known as Baker's Landing; on approximately 79.94 acres of land providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Ordinance No. 2000M-134 on its First Reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Zone Change 2015-05Z. Director of Community Development Lata Krishnarao gave a presentation of the variances and exemptions from the Unified Development Code regarding Baker's Landing. ' Discussion ensued between Council, Alan Mueller, Paul Grohman, and a DR Horton representative regarding the value of the homes, the 30 and 40 foot buffers, and 65 foot lots. Page 6 of 13 - 9114/2015 Mayor Pro -Tem Carbone stated he has been consistently in favor of Baker's Landing and there is still a lot of undeveloped commercial property up and down Highway 35. He thanked ' the applicant for working on this and making the changes. Councilmember Moore thanked the applicant for allotting more easement on Highway 35 which he thinks will allow for future expansion on Highway 35 without much of an issue of the development. Discussion ensued between Council, Alan Mueller, and Paul Grohman regarding infrastructure, sidewalks, parks, and open spaces. Director of Community Development Lata Krishnarao stated the Planned Development that is presented tonight for Council does not show the changes the applicant spoke of. Staff has not seen or reviewed the Planned Development the applicant is speaking of tonight. If Council will give Staff some time to review the Planned Development to make sure the concerns are addressed as the applicant has stated. She further stated she misspoke regarding the height restrictions for General Business (GB) Zone. It is 45 feet not 40 feet. She also clarified zoning, lot size and width and open spaces. Councilmember Hill asked the DR Horton Representative if the revised Planned Development will be turned in the next morning so Staff can review it. Alan Mueller stated the Planned Development will be turned in the next morning. City Attorney Darrin Coker stated this process will not have to start over. Based on what was proposed tonight, it is still consistent and not enough deviation. An amendment could be made to approve what P&Z had previously approved with the modifications that were represented and what will be submitted. It plan will need to be submitted for Staff to review before it can come back for the second reading. DR Horton Representative stated the amendments with regard to the General Business (GB) tract would prohibit pawn shops, pay day loans, outdoor storage, utility shops or storage yards, and cabinet businesses. The following two uses would only be allowed by a conditional use permit unless that use is already prohibited in the Unified Development Code (UDC). Those would be auto related businesses and gas stations. Additionally the sliding scale height setback would apply. With regard to the Land Plan there would be a minimum of thirty 65 foot lots, no lots fronting on Hampshire Street and the General Business (GB) tract would be reduced from 10 acres to 6 acres. Councilmember Reed thanked the Baker family for attending the Council meetings. He further stated since the beginning he has been in support of this project. Mayor Pro -Tem Carbone made a motion, seconded by Councilmember Hill to amend the General Business (GB) tract to prohibit pawn shops, pay day loans, outdoor storage, utility ' shops or storage yards, and cabinet businesses. In addition to the requirement for an additional use permit for any auto or gas related uses on the GB tract. A reduction on the GB tract of 10 acres to 6 acres, removing the residential lots from Hampshire Street, adding thirty 65 foot lots that were not there previously, and the sliding scale with respect to the height scale on the two sides of the townhomes that abut the residential. Page 7 of 13 - 9/14/2015 Voting "Aye" Councilmembers Hill, Carbone, and Reed. Voting "No" Councilmembers Ordeneaux and Moore. ' Motion Passed 3 to 2. Mayor Reid called for the vote of the original motion as amended. Voting "Aye" Councilmembers Hill, Carbone, and Reed. Voting "No" Councilmembers Ordeneaux and Moore. Motion Passed 3 to 2. Resolution No. R2015-161 - A Resolution of the City Council of the City of Pearland, Texas, directing staff to prepare service plans for the proposed annexation of approximately 242 acres located in the city's extraterritorial jurisdiction (Area 2). Councilmember Moore made the motion, seconded by Councilmember Hill, to approve Resolution No. R2015-161. City Manager Clay Pearson reported before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In ' compliance with the state law, the two public hearings are scheduled on October 12, 2015, and October 19, 2015. The council readings are scheduled on November 9, 2015 and November 23, 2015. Discussion ensued between Council and City Manager Clay Pearson regarding the Bailey Road project relating to this annexation. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. Motion Passed 5 to 0. Resolution No. R2015-160 - A Resolution of the City Council of the City of Pearland, Texas, directing staff to prepare service plans for the proposed annexation of approximately 242 acres located in the city's extraterritorial jurisdiction (Area 2). Councilmember Hill made the motion, seconded by Councilmember Ordeneaux, to approve Resolution No. R2015-160. City Manager Clay Pearson reported Article 1, Section 1.03 of the Pearland City Charter I authorizes the City Council to adjust boundaries. When annexation is considered the City is also required, under Section 43.056 of the Local Government Code, to provide a Service Plan to the annexed area and to use it as directed in the said statute. Page 8 of 13 - 9114/2015 Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill. ' Voting "No" None. Motion Passed 5 to 0. Resolution No. R2015-152 -A Resolution of the City Council of the City of Pearland, Texas supporting Proposition 7, a constitutional amendment for increased state funding for transportation. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Resolution No. R2015-152. Assistant City Manager Trent Epperson reported Texans will vote on a proposed constitutional amendment on November 3, 2015 that will provide billions more in state transportation funding without taxes, fees or debt. The Texas Sales and Use Tax Revenue for Transportation Amendment, Proposition 7 is on the ballot as a legislatively -referred constitutional amendment, which was approved by the State Legislature earlier this year. The measure, upon voter approval, would provide additional funding for the State Highway Fund. This new revenue for the State Highway Fund would be used to construct and maintain non - tolled roadways, purchase rights-of-way and make payments on general obligation bonds issued by the Texas Transportation Commission. ' Mayor Pro -Tem Carbone thanked State Representative Ed Thompson in Austin, Texas for fighting for transportation for the City of Pearland. He also thanked Assistant City Manager Trent Epperson for his expertise in getting funding for the City. Councilmember Moore stated he is glad to see this happening, it is a good use of funds. Councilmember Ordeneaux stated he is for more funds for transportation, but right now we cannot maintain the state roads we already have. Legislature leans heavily on local jurisdiction to pay for maintenance and improvements for state roads. He further stated he views this as a band aid fix, it is a short term fix for a long term problem. He will not be supporting this. Voting "Aye" Councilmembers Moore, Reed, Carbone, and Hill. Voting "No" Councilmember Ordeneaux. Motion Passed 4 to 1. Resolution No. R2016-141 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Southdown Wastewater Treatment Plant Rehabilitation Project to RP Construction, Inc., in the amount of $1,297,768.00. ' Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve Resolution No. R2015-141. Page 9 of 13 - 9/14/2015 Deputy City Manager Jon Branson reported in August 2015, the City negotiated an amount of $400,000 in unexpended Municipal Utility District (MUD) #4 Bond funds to be added to the project budget as the plant services the former MUD #4 area to partially cover the additional ' scope of work that is required for the plant rehabilitation. Funding for the project is made up from $577,481 remaining in the original project budget, plus $400,000 from surplus MUD #4 Bond proceeds with the remainder from the Water & Sewer funds planned for appropriation in October for the 2016 Budget. Councilmember Hill thanked Staff for standing their ground regarding this issue. Deputy City Manager Jon Branson stated Municipal Utility District #4 disbanded in 2010. The money is in the City account. In the initial spot agreement there would be a Liaison Committee who would determine how this money is spent. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore Voting "No" None. Motion Passed 5 to 0. First Reading of Ordinance No. 1518 - An appropriation ordinance adopting a revised budget for the fiscal year ending September 30, 2015 and adopting a budget for the fiscal year beginning October 1, 2015, and ending September 30, 2016, and pay plans for fiscal year 2016. , Councilmember Reed made the motion, seconded by Councilmember Moore, to approve Ordinance No. 1518 on its First Reading. City Manager Clay Pearson reported Council is being asked for approval of adopting a budget for the 2015-2016 fiscal year and adopting the fiscal year 2015-2016 pay plans. Councilmember Ordeneaux stated he will not be supporting this Ordinance. This will not be good in the long run. Instead of a permanent fix a band aid fix is being used. Voting "Aye" Councilmembers Hill, Carbone, Reed, and Moore. Voting "No" Councilmember Ordeneaux. Motion Passed 4 to 1. First Reading of Ordinance No. 1519 - An Ordinance Adopting a Tax Rate of $0.7053 and Levying Taxes for the Uses and Support of the Municipal Government of the City of Pearland, Texas and Providing for the Interest and Sinking Fund of the Taxable Year 2015. Councilmember Moore made the motion, seconded by Councilmember Reed, to approve ' Ordinance No. 1519 on its First Reading. Page 10 of 13 - 9/14/2015 Councilmember Moore made an amendment to the motion, seconded by Mayor Pro -Tem Carbone, that the property tax rate be increased by the adoption of a tax rate of $0.7053, ' which is effectively a 6.80% increase in the tax rate. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. Motion Passed 5 to 0. City Manager Clay Pearson reported Council is being asked for approval to adopt a tax rate of $0.7053 per $100 valuation and levying taxes for the use and support of the municipal government of the City of Pearland, Texas and providing for the interest and sinking fund of the taxable year 2015. Councilmember Reed stated he is in favor of lowering the tax rate, but he is not in favor of lowering the amount to pay towards debt. He will be voting against this. Discussion ensued between Council and Director of Finance Claire Bogard regarding reducing the debt service tax rate will not hinder paying down additional debt, either way it will not be paid off early. Councilmember Ordeneaux stated it is making life easier today, but per projections it will be twice as hard down the road. ' Mayor Pro -Tem Carbone stated to clarify the changing of this tax rate is not paying off debt. Mayor Reid called for the vote on the original motion as amended. Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, and Moore. Voting "No" Councilmember Reed. Motion Passed 4 to 1. First Reading of Ordinance No. 1358-13 - An Ordinance of the City Council of the City of Pearland, Texas, amending non -development usage and service fees; containing a savings clause, a severability clause and a repealer clause; providing for publication and an effective date. Councilmember Hill made the motion, seconded by Councilmember Moore, to approve Ordinance No. 1358-13 on its First Reading. City Manager Clay Pearson reported annually, as part of the budget process, City Staff will ' make necessary additions and/or changes in fees in order to cover the cost of service being provided as well as conduct a rate analysis as part of the water/sewer rate model. Page 11 of 13 - 9/14/2015 Voting "Aye" Councilmembers Hill, Ordeneaux, Carbone, Reed, and Moore. Voting "No" None. ' Motion Passed 5 to 0. First Reading of Ordinance No. 1023-6 - An Ordinance of the City Council of the City of Pearland, Texas, amending development permit fees; containing a savings clause, a severability clause and a repealer clause; providing for publication and an effective date. Councilmember Ordeneaux made the motion, seconded by Councilmember Hill, to approve Ordinance No. 1023-6 on its First Reading. Lance Foss, 1409 O'Day Road #57, addressed Council stating his concerns regarding permit fees and taxes. City Manager Clay Pearson reported as part of the 2015/2016 budget preparation, an evaluation of Mechanical, Electrical and Plumbing (MEP) permit fees was completed to appraise the adequacy of revenues collected vs expenditures to provide permitting and inspection services to the development community. This is the same method that is currently used to calculate the building permit fees using the building valuation. New residential MEP permits are proposed to be calculated using the square footage of the residential structure. Voting "Aye" Councilmembers Moore, Reed, Carbone, Ordeneaux, and Hill. ' Voting "No" None. Motion Passed 5 to 0. MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS: None. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:02 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. Section 551.071 - Consultation with City Attorney - Regarding pending and potential litigation associated with municipal regulations. NEW BUSINESS CONTINUED: Council returned from Executive Session at 9:31 p.m. I Page 12 of 13 - 9/14/2015 I Council Action - Regarding pending and potential litigation associated with municipal regulations. No action taken. ADJOURNMENT Meeting was adjourned at 9:32 p.m. Minutes approved as submitted and/or corrected this the 261h day of October, A.D., 2015. ATTEST: Me a oddguez Deputy City Secretary 0797 Tom Reid Mayor Page 13 of 13-9/14/2015