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HomeMy WebLinkAbout102708R CC Min0 The City A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember Phyllis Cohen, Councilmember Chuck Guffey, Councilmember Michael Talianchich, Councilmember of West University Place STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES City Council of the City of West University Place, Texas, met in regular session Monday, October 27, 2008, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at 6:00 p.m. to consider the following: MAYOR KELLY CALLED THE SPECIAL MEETING TO ORDER AT 6:01 P.M. IN THE COUNCIL CHAMBERS Those also present: Mayor Pro Tern Fry, Councilmembers Talianchich and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Pfeifer, Finance Director Daugherty, Assistant Finance Director Thomas, Parks and Recreation Director O'Connor, and Police Chief Walker. Councilmember Cohen was absent. 1. Variance Process for Alcohol Permits Matters related to variance requests for alcohol permits in West University Place. City Manager Michael Ross presented. He explained that the City has received a couple informal inquires regarding on-premise and off-premise alcohol permits for the City's center, which would be within the 300 feet distance requirement of the elementary school, which is measured from property line to property line. City Manager Ross further explained that with these informal inquiries, staff thought it would be best to develop a process for Council's approval should the City receive a formal submittal. In addition to the procedures proposed by staff, Councilmember Guffey suggested requiring that notice of the variance request/application be posted at the proposed site. City Manager Ross indicated that this requirement will be incorporated into the procedures. With no other suggestions or objections, Council directed staff to move forward on finalizing the procedures, with Councilmember Guffey's suggestion to post notice on site be included. 2. Zoning & Planning Commission Matters related to the interview/appointment of residents seeking to serve on the City's Zoning and Planning Commission. At 6:15 p.m., Council convened into closed executive session to discuss matters related to Section 551.074 of the Texas Government Code: To deliberate the employment, evaluation, or duties of a public officer or employee. At 6:32 p.m., Council closed the executive session and reconvened into open session. No action taken. City Council Meeting, October 27, 2008 MAYOR KELLY CALLED THE REGULAR MEETING TO ORDER AT 6:35 P.M. IN THE COUNCIL CHAMBERS Pledge of Allegiance Pledge to the Texas Flag Notice. City Secretary Lenz confirmed the notice of this meeting was duly posted in accordance with the Texas Government Code, Chapter 551, on the 19th of September 2008 at 3:30 a.m. Bellaire Boulevard and Weslayan Transportation and Drainage Project Funding Harris County Judge Ed Emmett's presented Mayor Kelly with a check in the amount of $1,450,000 for County assistance in funding the City of West University Place's Bellaire Blvd. and Weslayan Street transportation and drainage project. At this time, Mayor took item #4 out of order. 3. Public Comments Citizens who wish to address items that are not on the agenda will be permitted to speak to the City Council at the microphone after introducing themselves and giving their address. [Note: State law will not permit the City Council to fully discuss debate or consider items that are not on the agenda. Items that cannot be referred to the City Staff for action may be placed on the agenda of a future City Council meeting.] There were no speakers to come forward to address items not on the agenda. Citizens who wish to address agenda items Citizens who wish to address specific agenda items will be permitted to speak to the City Council at the microphone after introducing themselves and giving their address. Citizens may speak and discuss the November 4, 2008 bond election and city recreational facilities. Ed Heathcott, 2729 Arbuckle, thanked the City for cleaning up so quickly after Ike. He then stated that he strongly supports the bond issue and believes that it is important that Council's leadership is looking beyond today. Susan Ohsfeldt, 4101 Tennyson, stated that she understands that Council has dismissed the possibility of renovating the existing facility as not being economical and she said that maybe with the damage caused by Ike that they are probably better off being replaced than renovated. She asked but what about the pools? She said pools could be renovated for a lot less than $2,000,000. Regarding the pool cover, she sated that $2,400,000 is more than you would spend on a house and it seems way out of line. Ms. Ohsfeldt also stated that the bonds will cost more because the AAA bond rating will certainly go up and the materials will go up thanks to Hurricane Ike. She said we are not just looking at $13.8 million and $8,000,000 in interest, but we're looking at substantially high costs and thinks that some roll back of what we are spending should be contemplated. She concluded that she still objects to a daycare center/childcare being offered in the City facility of the recreation center. At the mayor's suggestion, City Manager Ross stated that staff asked PGAL for their thoughts regarding present costs and economic conditions and how that might effect original bids. He said PGAL responded that they are starting to see a return to better pricing as far as Page 2 of 10 City Council Meeting, October 27, 2008 construction materials in a global sense. He said it sounded promising on the construction costs side of things if the trend continues as it is now. Mayor Kelly inquired about the time period in which the bonds would be sold if the issue passed at the election. City Manager Ross said the earliest estimated sell point is around July 2009, which means that the debt wouldn't be realized until 2010. He said this is the current thought, but will depend on what path of the process the City decides to take. He stated that if approved by the voters, the City will probably break the issues into two chunks ...an initial recreation facility chunk and then later a chunk for Colonial Park. He said by doing that, if they are under $10 million total in any given year, they are bank qualified which helps the interest rates dramatically. Councilmember Guffey asked City Manager Ross to say something about the daycare center. City Manager Ross said there is nothing etched in stone at this point. Parks and Recreation Director O'Connor spoke to say that "daycare center" is a little misleading. He said there is a room for babysitting, which is comparable to what we currently have at the Community Building. He said the only way a lot of the participants can participate in the classes is for us to offer daycare for their preschool aged children. He said it will be a babysitting service, not a licensed daycare facility. Mr. O'Connor said the instructors provide the babysitting for participants, we only provided the space, which is the same as what we do today. Mayor Kelly responded to Susan Ohsfelt about her statement about him not considering him backing off this bond election. He said he didn't consider the alternative because he felt it would be a short-sided view on his part as to what is going on right now. He said it has taken about a year to get to this point and it is still not over even if the bond issue passes. He said these will be facilities that will service the City for another 50 years. Mayor Kelly said there have been other times when the City was faced with bond issues and decisions as to whether to move forward and he thinks it was a credit to our citizens in the past to make those tough choices and move forward. Dick Yehle, 6401 Rutgers, also spoke about the bond issue. He said there is general accord that today's facilities are inadequate, but said there is little accord over the fundamental questions of what facilities should be provided, where they should be provided and how much expenditure is reasonable. He said the debates on surveys, consultants reports, wasted tax dollars, etc, are missing significant points. He said most of the debate talks about how we overlook the overt recognition that West U residents have come accustomed to having two pools to meet their needs and it is inferred that one of them should be all-weathered. He said if we don't approve the bond election, we will not be providing these two pools and the failure to provide those significant amenities will be a reduction in services. Mr. Yehle said that also missing from discussion is the recognition that there is an awful shortage of indoor spaces for the programs we have and the programs we could have if there was adequate space. He said when you consider parking restrictions and other current restrictions, somebody's facilities won't be provided and services will be lost again for certain individuals. He said Council has come up with a comprehensive plan that addresses all three sights - the Recreation Center, Colonial Park, and the Community Center and does so in a way that harmonizes the programs, spreads the programs out, and still does so in an adequate way. He said voting for the plan solves urgent current problems and invests in the future. He said failure to approve the plan would be a step backwards. At the request of a citizen, the remaining public comments are practically verbatim. Page 3 of 10 City Council Meeting, October 27, 2008 Joe Foster, 3715 Tangley, commented on the bond issue. He told Mayor Kelly that as mayor of West University, he had been quoted several times on the cost per month average to the West U household to retire the bonds. He asked Mayor Kelly if he still considers $6 or $7 a correct number and Mayor Kelly responded yes. Mr. Foster then asked Assistant Finance Director Thomas to comment on whether he accepts these figures. Mr. Foster said he considers $6 or $7 to be ludicrous. He said he won't accuse the mayor of using the figures artificially, but said they are absolutely wrong. As requested by Mayor Kelly, Assistant Finance Director Walter Thomas came to the podium. Mayor Kelly informed Mr. Thomas that Mr. Foster, and he believes Councilmember Talianchich, has raised an issue about the credibility of the numbers on the cost of the bond issue and how that was figured and how we got to where we are. Mr. Thomas explained that the problem with numbers, especially estimates like these, is that if you leave them alone in the corner they will just multiply like little rabbits, which is what has happened. He said we have all sorts of estimates based on all sorts of different assumptions. He said the fact is, using the models that we used to project debt service costs, assumes growth and the assessed value and a $750,000 annual debt service the tax rate will go up about a penny. Mr. Thomas said where that puts you as an average tax payer, he doesn't know. He said if $700,000 is the average, it will be $70 a year. If $800,000 is where you're at, then it's $80 a year. He said he believes those estimates are sustainable. Councilmember Talianchich said Mr. Thomas' assumption is that assessed values are going up, but he said his question to Mr. Thomas the other day during a discussion was assuming no growth assessed values would come to 1.88 cents or probably 2 cents, which is the true cost to the taxpayer. Councilmember Talianchich said if assessed values go down next year... Mr. Thomas interrupted and said he's not sure if he agrees with the statement that as it being the true cost to the taxpayer because it doesn't identify which taxpayer. He said that's the problem in this and that's why he would prefer to talk about the amount of tax rate increase that it's going to generate, which is about a penny. Councilmember Talianchich said to generate $750,000 of additional revenue requires 1.9 cents at the current assessed value, which Mr. Thomas agreed. Councilmember Talianchich said that's the tax rate that each taxpayer must multiply his assessed value by the 1.9 cents because that does not assume any growths and assessed values. Mr. Thomas said he understands the point, but the point is the bonds weren't selling today so the debt service won't be next year. He said the bonds will sell next year and the debt service won't be until 2010, so you have to assume some growth and assessed value. Councilmember Talianchich said no you don't because in fact next year they may go down. Mayor Kelly asked Mr. Thomas how many pass years have we had a decrease in the assessed value in West University. City Manager Ross answered and stated it's been about 20 years. He said we have averaged 8 percent every year in the last 20 years. Mr. Thomas said if he knew what the economy was going to do next year, he would have retired a long time ago and be an extremely wealthy guy. He said he has no idea where the economy will be or no idea where the interest rate will be when the bonds are sold, but if the bonds are approved Council will have to evaluate that at the time they are presented and the Finance Director at that time will make a recommendation. He said, personally, he would recommend not doing the bonds if the rates were out of sync or if the assessed values didn't grow. Mayor Kelly said it seems to him that one of the glaring differences between the approach Mr. Talianchich is using and the approach Mr. Thomas is using is putting into the equation an Page 4 of 10 City Council Meeting, October 27, 2008 increase in the assess values for property in West University Place. Mr. Thomas confirmed that is the basic difference. Mayor Kelly asked Mr. Thomas how long he has been a Finance Director in West University Place. Mr. Thomas responded 13 years. Mayor Kelly then asked Mr. Thomas what he did before that in which Mr. Thomas answered that he was Finance Director in other places. He said altogether he has about 25 years experience. Mayor Kelly then asked Mr. Thomas if he was familiar with the process used by Finance Directors in advising councils as to what they can expect on the payback of bonds revenue, etc. Mr. Thomas responded, yes, he has done it before many times. Mayor Kelly also asked Mr. Thomas if he was familiar with how other Finance Directors do this and Mr. Thomas replied, yes. Mayor Kelly then asked Mr. Thomas if the way he has advised this Council of what they can expect when the bonds are sold, revenues produced, and how it's allocated over the life of the bond, is in accordance with his experience and expertise in that area. Mr. Thomas responded, yes. Mayor Kelly asked Mr. Thomas if he was a resident of the City of West University Place in which Mr. Thomas replied no. Mayor Kelly then asked Mr. Thomas if he was scheduled to retire from the City of West University Place and Mr. Thomas responded that he is basically retired now. Mayor Kelly asked if there was any reason that Mr. Thomas would in any way influence one way or the other - pro or con - in the outcome of those bonds. Mr. Thomas said whatever Council and the citizens decide, once the decision is made and somebody told him to get the money, he'll go and get the money. Mayor then asked Mr. Thomas if anybody on this Council or anybody in the City of West University Place influenced him in any way to come up with his opinion on the financial aspects of this bond issue. Mr. Thomas replied no. Mayor Kelly then said to Mr. Foster and Councilmember Talianchich, in all due respect, that we have a fellow here that is experienced, has been the Finance Director for the City of West University Place for 13 years, he's been through several bond issues that we had for this City and the infrastructure, and he finds no credible reason not to believe his opinion and to go with his expertise. Councilmember Talianchich said that he actually agrees with Walter and the mayor. He said he has no complaints about what Mr. Thomas is saying. He said what he is saying is that when you borrow $750,000 you have to pay back principal and interest and it cost 1.88 cents times 3.905 million to produce that number. He said that is the true cost to every taxpayer. He said you can throw in $6 a month coming from increase in values and saying it only cost $5, but it's actually $11 a month of true costs because next year if properties go down, it will be $16 a month, not $11 and it won't be $7. He said so if you want to figure out what is the true cost, you don't worry about whether properties go up or down, you figure out what is the servicing cost. He said, therefore, he and Mr. Thomas agree on the servicing costs, but he is including a 2 percent increase in assessed values and he is entitled to do that. Councilmember Talianchich said he is not objecting to that. He said he just want people to know that it does cost. Mr. Thomas injected and stated that it's actually 3 percent and that he is inflating the current assessed value. Councilmember Talianchich said he's entitled to do that and is not disagreeing, but what we are trying to figure out is what it cost each taxpayer, because if we don't borrow that money, then we reduce the tax rate by 1.88 cents not by 1 cent. He said just think if we borrowed a debt revenue of $6.7 million and you add $750,000 on top of that, the tax rate needs to be 17.3 plus 1.88. He said if you don't borrow that money, the tax rate stays at 17.3. He said that's the difference and true cost to the taxpayer. Councilmember Talianchich told Mr. Thomas that he has a great deal of respect for him and that he is not denying anything that he says. He also told Mayor Kelly that it's just a difference in interpretation. He said he is assuming not increase in property values to find out the true costs. He said if the properties went up by 20 percent, it would be a negative payment. Mayor Kelly said that may very well Page 5 of 10 City Council Meeting, October 27, 2008 happen as assessed values continue to increase as existing bonds are paid off, you might actually have down the road a decreasing in the tax rate. He said he believes that's exactly what happened with the infrastructure improvements that have already been paid for with the streets, sidewalks and sewers. Mayor Kelly said he wanted to emphasize that he was here and on Council 15 years ago when they were making the same kind of arguments, and people were making the same kind of arguments that Councilman Talianchich is making - that it was dooms day, dark cloud, don't do it and the streets were deteriorating before us, sewers were backing up into new and old homes, water lines were breaking and one of the arguments that was made that Council was going to bankrupt the City in doing this and to his knowledge, some 16 years later, he thinks he's right on this, we never had a tax increase because of those infrastructures and they were built and the City is what it is today, because not only the Council that he was on, but every one after that as the next bond issue came up, stepped up to the plate, made the hard choice no matter what the economic conditions were like had moved forward with it. He said they moved forward with it by relying on the expertise and calculations of the Finance Directors during those times. He said what they wanted to make sure they had was the revenue that would be there to support those bond issues without bankrupting this City. Mayor Kelly told Councilmember Talianchich that he understands his calculations but he thinks, himself personally, has faith in Walter's calculations and the way that cities look at this as a financing matter and they make perfectly good sense to him and he thinks that the figures Walter reported are accurate. Councilmember Talianchich said but it includes a 3 percent increase, which is fine, but that's the reason why you are getting down to $6 a month, because you're using the increase in assessed values to help pay for it and he's saying that it should not be used to work out the true cost. He said he thinks we are all on the same page and he understands Walter, so he won't say anything further on this matter, but he does respect Walter immensely. Councilmember Guffey asked Councilmember Talianchich suppose it is $12. Is it still a bad deal? He said he doesn't think that $12 a month is going to bankrupt the average person in West University. Councilmember Talianchich said he agrees and that every voter is going to make that decision on voting day. He said all he wants to do here is to make sure that every voter knows what they are voting on and it's not $6 a month, but actually $11 a month. Councilmember Guffey said it might be $2 a month with all these assumptions. Councilmember Talianchich said if the properties go up, it's still costing the same amount to service a mortgage. Councilmember Guffey said that Walter is reporting what the actual tax increase will be. He said you can come up with all kinds of theories. Councilmember Talianchich said it's not theoretical and Councilmember Guffey said sure it is. Councilmember Talianchich said it's the servicing cost when you borrow money. Councilmember Guffey said this is not a mortgage. Councilmember Talianchich said it doesn't make a difference. He said when you borrow money, whether it's a bond or a mortgage, there is a servicing cost and that does not change. Mayor Pro Tern Fry stated to Walter that he agrees with his assumptions. Mr. Joe Foster came forward and stated that they have talked the song so many times that they believe it. He told Councilmember Guffey that he is not on a fixed income and Councilmember Guffey said who says he's not? Mr. Foster said he has listened to them talk now they need to listen to him talk. Mayor asked Mr. Foster to take it easy and Mr. Foster said he is fully in control but that he is just tired of this. He said if you talk to some of the builders in West U and see how many lots they are offering that they have not started construction on and you talk to other people in West Page 6 of 10 City Council Meeting, October 27, 2008 U and Jim Robinson who runs HCAD, he is saying that the values are going to go down. He said there are a lot of houses in West U that are not moving. He said talk to the real estate agents. He said the big rosy future does not go on forever just like it didn't on Wall Street. Mr. Foster said you guys are going like the golden eggs are going to continue to fall out of the sky and that's not going to happen and they need to have contingency the other way. He said we don't have any funds against a downfall in our City revenue. He said we spend every penny we got. He said we spent $180,000,000 on infrastructure, which he agrees is the best money we ever spent, but we have now spent $8,000,000 on sidewalks on a $5,000,000 bond issue and we're not through yet. He said we have a $2,000,000 commitment to street lights, which are very much encouraged by our electricity supplier, gee he wonders why. Mr. Foster said you people need to talk to what's happening out there and stop listening to yourselves. 4. Funding from Harris County Accept funding from Harris County to purchase digital in-car equipment, a mobile handheld Automated Fingerprint Identification System and bullet proof vests. District Attorney Ken Matheson presented the City with a check for $98,340 for use in purchasing equipment for the Police Department. 5. Public Hearing on 2009 Budget Public hearing to hear comments for or against the proposed 2009 Budget for the City of West University Place. Mayor Kelly opened the public hearing at 7:19 p.m. and with no comments, closed the hearing at 7:19 p.m. Hearing Closed. 6. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. City Council Minutes Approve the regular City Council meeting minutes of October 13, 2008. B. Waters Consultinq Group Personnel Recommendations Matters related to the implementation of recommendations outlined in the Executive Summary from the survey performed by the Waters Consulting Group. Mayor Pro Tern Fry moved to approve the Consent Agenda. Councilmember Talianchich seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Talianchich, and Guffey Noes: None Absent: Councilmember Cohen 7. Adoption of the 2009 Budget Matters related to an ordinance approving and adopting a budget for the fiscal year beginning January 1, 2009 and ending December 31, 2009 appropriating funds for such budget; containing findings and provisions relating to the subject; and declaring an emergency. Page 7 of 10 City Council Meeting, October 27, 2008 Finance Director Daugherty presented. She explained that the ordinance adopts the 2009 Budget, which is a total of $40,683,500 for all the funds in the City. She said there was a presentation and discussion at the September 27, 2008 budget workshop. She said the ordinance also amends the 2008 Budget for an emergency drainage repair for Weslayan and to pay for cost associated with two separated employees in two departments. Mayor Pro Tern Fry moved to adopt the 2008 Budget. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Talianchich, and Guffey Noes: None Absent: Councilmember Cohen 8. Adoption of the 2008 Tax Rate Matters related to an ordinance approving and adopting the 2008 Tax Rate. Mayor Pro Tern Fry moved to adopt the 2008 Tax Rate. Councilmember Talianchich seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Talianchich, and Guffey Noes: None Absent: Councilmember Cohen 9. Zoning Ordinance Amendment Matters relating to an ordinance amending the zoning ordinance of the City of West University Place Texas, regarding special exceptions for work under permit; and containing findings and provisions relating to the subject. City Planner Debbie Scarcella presented. She stated that Council had a joint public hearing with the Zoning and Planning Commission on September 8, 2008, regarding this proposal. She said after the public hearing, a minor grammatical change was made. She said this ordinance would work with a recent State Supreme Court ruling regarding variances and special exceptions and will bring into our zoning regulations part of that ruling. She said current State law makes it difficult to obtain a special exception and/or a variance for mistakes that might have been made in error and this particular provision for special exceptions will provide flexibility with the Zoning Board of Adjustment in dealing with those mistakes. She said staff and the Zoning and Planning Commission recommend approval of this ordinance on the first of two readings. Mayor Pro Tern moved to approve the ordinance on first reading. Councilmember Talianchich seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Talianchich, and Guffey Noes: None Absent: Councilmember Cohen 10. Zoning Ordinance Amendment Matters relating to an ordinance amending the zoning ordinance of the City of West University Place, Texas, regarding variance limitations; and containing findings and provisions relating to the subject. Page 8 of 10 City Council Meeting, October 27, 2008 City Planner Debbie Scarcella presented and stated that in the recent Supreme Court ruling their underlying opinion reiterated that special conditions and unnecessary hardships to support granting of variances had to be present. She said this ordinance includes some of the language that supports their opinion. The current proposal adds a sentence into our Zoning Ordinance that a special condition or hardship that is self created, personal, or based only on financial reasons is not sufficient to support the issuance of a variance. She said this is the traditional approach that the Zoning Board of Adjustment takes at this time and this is just putting it into the ordinance. She said there will also be a clarification that the applicant carries the burden of proof when seeking a variance for special exceptions, which is also already practiced but will now be in the ordinance. Ms. Scarcella said the public hearing was held September 8, 2008 and there were no changes to the proposal since that time and that staff and the Zoning and Planning Commission recommend approval of this ordinance on the first of two readings. Mayor Pro Tern Fry moved to approve the ordinance on first reading. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Talianchich, and Guffey Noes: None Absent: Councilmember Cohen 11. Attorney General Opinion Regarding Delivering Reports Matters relating to the Attorney General Opinion regarding how City Council and Manager reports are to be listed on meeting agendas for discussion. City Attorney Petrov presented. He said in essence the AG's opinion states that it is not sufficient to place items on the agenda that are limited to "Mayor's Report", "City Manager's Report," "Council Reports" because those items don't give the public sufficient notice of what may be discussed under those reports. He said it doesn't prevent reports from being on the agenda, it simply states that if you are going to have such reports, the agenda item needs to be in enough detail so that a person reading the agenda will have notice of the subject matter. To clarify a previous concern as to whether a simple question could be asked without being noticed on the agenda, City Attorney Petrov said that there is a specific exception under the act that allows a Councilmember to make an inquiry as long as the response is limited to factual item in response or a specific recitation of policy. He stated it is certainly best policy to leave those as a minimum so as to not fall in the trap of one question leading to another and then all of a sudden you're having a substantive discussion. He said anything that will require more than a factual, limited answer would have to be placed on a future agenda for more substantive discussion. Mayor Kelly confirmed that the best way to handle is that if there is anything that anybody can perceive that normally would have been under reports, it will go on the agenda. He said use the same rules for normally putting items on an agenda, which is that an item can be added by the city manager, the mayor, or two councilmembers. Councilmember Talianchich said he's glad there is an exception because his reservation is that sometimes he might want to ask a question to Michael or Council and if he is not able to get a second, he is not able to get it on the agenda. He said so he is glad of the exception because any question he's going to ask will probably be just a few lines of response. He said there is still some concern that if he can't get something on the agenda, then he can't answer his Page 9 of 10 City Council Meeting, October 27, 2008 question and it may encompass just a little bit more than a one line response. He asked then what does he do? City Manager Ross said one choice is to call him and he will put it on the agenda or will answer his question. Councilmember Guffey asked how detail does it have to be. City Attorney Petrov reiterated that it has to be sufficiently detailed to give public notice of the subject matter to be reported on or be discussed. 12. Executive Session In addition to any Executive Session listed above, Council reserve the right to at any time during the session convene in a closed session pursuant to Chapter 551 of the Texas Government Code, for reasons including but not limited to: Section 551.071 (consultation with legal counsel to seek or receive legal advice or consultation regarding pending or contemplated litigation); Section 551.072 (discussion about the value or transfer of real property and other real estate matters; Section 551.074 (personnel matters); 551.076 (deliberation about security devices); Section 551.087 (deliberation regarding economic development). 13. Convene into Open Session Not applicable as there was no closed session. 14. Adjournment In compliance with the Americans with Disabilities Act, if you plan to attend this public meeting and you have a disability that requires special arrangements, please contact City Secretary Thelma Lenz at 713.662.5813 at least 24 hours prior to the meeting so that reasonable accommodations can be made to assist in your participation in the meeting. The Municipal Building is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Special seating will be provided in the Council Chambers. ADJOURNMENT Councilmember Talianchich moved to adjourn the regular session at 7:36 p.m. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Talianchich, and Guffey Noes: None Absent: Co limlember Cohen Prepared by: Date Approved: Thelma A. Lenz, City Secretar%p Page 10 of 10