Loading...
HomeMy WebLinkAbout061410R CC Min0 The City A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in regular session on Monday, June 14, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:30 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 5:33 p. Councilmembers Boehme, Guffey and Segal, City Petrov, and Finance Director Rhonda Daugherty. m. Also in attendance were: Mayor Pro Tern Fry, Manager Ross, City Secretary Lenz, City Attorney Brian Evans with Belt Harris Pechacek who performed the audit was also present at the meeting. 1. Comprehensive Annual Financial Report (CAFR) and 2009 Budget Amendment Matters related to the Comprehensive Annual Financial Report and amendments to the 2009 Budget. City Manager Ross presented and stated that staff received the CAFR on June 3, 2010 and it has been reviewed with Mayor Pro Tern Fry and Councilmember Segal. Finance Director Daugherty explained some of the questions and concerns that resulted from their meeting. Regarding the 2009 Budget Amendment item on the regular agenda for approval, Councilmember Segal said though the City usually has a budget adjustment to the overall fund balance in December which adjusted balances between the departments and the general fund there has not been a post closing adjustment. Councilman Segal and Mayor Pro Tem Fry recommend that there also be a budget amendment after the budget year to balance out actual departmental expenditures within the general fund, which is required by the City's charter, and in the past this post year end adjustment had not been made but will be from now on. Regarding a statement in the CAFR that says the difference between the assets and liabilities is a useful indicator of whether the financial position of the City is improving or deteriorating, Councilmember Guffey said he doesn't think it is of value to look at assets because those are things that have happened in the past. of West University Place Finance Director Daugherty stated that assets have to be reported as per governmental accounting standards (GASB34). City Council Minutes, June 14, 2010 Councilmember Segal had questions regarding the Management Letter and the City's responses. He said there is a statement in the Management Letter that says the City should continue reevaluating segregation of duties and when possible assign tasks to strengthen control and said with hiring the new Director in 2008 and a Treasurer and Controller in 2010, we should now be able to identify needs to segregate duties that we have the capacity to remedy. Finance Director Daugherty responded that a City our size will always have that comment included because though we don't have the volume of the bigger cities, we still have all the processes. She said without one person dedicated to cash receipts and one person dedicated to accounts payable, we will never have a complete segregation of controls. Councilmember Segal said he understands what Finance Director Daugherty is saying, and said we need to continue evaluating the process to see how the positions are being utilized and asked that Council be provided a report of the specific present and future roles of the new positions. Mayor Pro Tern Fry agreed with Councilmember Segal and City Manager Ross and Finance Director Daugherty said they will provide such a report most likely at a workshop during the Budget process. After further discussions, Mayor Pro Tem Fry and Councilmember Segal both confirmed that as a result of reviewing the CAFR with staff, they are satisfied with the report. 2. Refinancina of Existinq Debt and Certificates of Obligation Matters related to the advance refunding (refinancing) of existing debt and the issuance of new Certificates of Obligation for the purchase of 6728 West Point and 4204 Cason properties purchased for the development of the new West U Recreation Center. Finance Director Daugherty presented and provided background. She said in May 2009, City Council approved an advanced funding resolution for the purchase of two properties on Cason and West Point for expansion of the West University Recreation Center and that a couple weeks ago, the consultants indicated to us the potential for an advanced refunding that would offer us significant savings. She explained that this advanced funding resolution would include sufficient debt to fund the advanced funding Council approved in May 2009 for those two properties, which is approximately $705,000. Our consultant, John Robuck with RBC Capital Markets, reviewed his presentation with Council and stated that his company looked at the City's debt and came up with $9.8 million in bonds that can be refunded for savings. He pointed out that we are looking at one General Obligation (G.O.) issue and two Water and Sewer (W&S) issues. He said historically they would have recommended refunding W&S bonds with W&S refunding bonds, but under law, they can refund them on the G.O. side and generate more savings due to the AAA rating on the G.O. side versus the A+ rating on the W&S side. Mr. Robuck said under G.O. refunding we can generate $440,000 savings, whereas W&S refunding would generate $166,000. Mr. Robuck said public Notices of Intent to sell Certificates of Obligations will be published on June 22 and June 29, 2010 and the public will have the chance to be heard at the Council meeting on July 19. With no further comments, Councilmember Segal moved to adjourn the special workshop at 6:22 p.m. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None 2of5 City Council Minutes, June 14, 2010 Absent: None REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items were as follows: CALL TO ORDER: Mayor Kelly called the meeting to order at 6:32 p.m. Also in attendance were: Mayor Pro Tem Fry, Councilmembers Boehme, Guffey, and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, Finance Director Daugherty, and Police Chief Ken Walker. Mayor Bob Kelly led the Pledge of Allegiance and Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 3. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing once the hearing has been closed. Speakers are required to address Council at the microphone and give their name and address before addressing their concerns. [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.] Linda Driskill, 3837 Coleridge, spoke regarding her request for the City to approve her and her husband's application for senior membership to use the pool without them having to sign a waiver holding the City harmless. She said the Texas Civil Practice and Remedies (TCPR) Code claims that the City has liability for any functions it operates, including recreational facilities and she thinks she and her husband should be able to rely on this provision and not have to sign the City's waiver. City Manager Ross said there is a waiver required to use the City's facilities and it is legal for a City to require it, but Council has the authority to forgo the waiver requirements should they wish to do so. City Attorney Petrov stated that Ms. Driskill correctly cited the TCPR Code when she stated that the City is liable for certain activities in the recreational and swimming facilities and he said this is precisely why a City would want people to sign the waiver and make it a condition for usage of those facilities. Councilmember Boehme confirmed that the waiver is stating that if someone comes to use our pool, they are waiving their right to sue us for negligence. City Attorney Petrov said that is correct and confirmed that in the absence of the waiver, we would be liable. City Manager Ross said that he and City Attorney Petrov spoke with the Texas Municipal League and they do not require the waiver and it has no effect on our insurance rates. Mayor Kelly requested that a copy of the waiver be given to Council to review as well as information on what other cities are doing. 3of5 City Council Minutes, June 14, 2010 4. 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 city council regular meeting minutes of May 24, 2010. B. Ordinance to Rezone Property at 5800 Kirby Drive Matters related to the second reading of an ordinance to Rezone the property located at 5800 Kirby Drive from PDD-TH2 (Planned Development District-Townhome District Two) to C (Commercial) Zoning District. C. Ordinance Amending the 2009 Budget Matters related to an ordinance amending the 2009 Budget for the City of West University Place, Texas, for the fiscal year beginning January 1, 2009 and ending December 31, 2009; containing findings and provisions relating to the subject; and declaring an emergency. D. Comprehensive Annual Financial Report (CAFR) Matters related to receiving the City's Comprehensive Annual Financial Report. E. Investment Policy Matters related to the City's Investment Policy. Mayor Pro Tern Fry moved to approve the Consent Agenda removing Item B as requested by Councilmember Segal. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Mayor Pro Tem Fry then moved to approve the ordinance for Item B on the second and final reading. Councilmember Guffey seconded the motion. Discussion followed. Councilmember Segal said he is still opposed to approving the ordinance to rezone 5800 Kirby Drive and gave the following reasons: • Approving the ordinance would be premature; • We have done a poor job of zoning and by approving this ordinance we will continue to piecemeal the ordinance thereby tainting the entire block; • We will not be able to enforce parking and customers will spill over into the streets as a detriment to the proper owners; • We are banning a two-story building, which would provide a much better buffer and normal working hours; • In reviewing the ZPC's recommendation, they found that accepting this proposal would be consistent with the Comprehensive Plan. He said he has no idea what they are referring to and how this is consistent with the Comprehensive Plan and asked if anyone knows what that is or what it means to let him know, because the ZPC's recommendation is what we are voting on; We need to hear from staff and ZP&C before moving forward. 4of5 City Council Minutes, June 14, 2010 For the reasons he's listed, Councilmember Segal asked Council to at least postpone this vote and get more information before taking a step that will basically be irreversible. Councilmember Boehme said Councilmember Segal makes some very good points, but the fact is he doesn't believe under any way, shape, or form the property should be zoned townhouses. He said the property owner, although not perfect, has come up with a solution. He said while a two-story building might not be offensive to some, there are general planning guidelines which say that a two- story building is not a compatible land use with single-family residences, whereas a one story retail use would be. Councilmember Boehme said the owner of the property has taken the shortcomings of our zoning codes and interfaced them with some legally binding deed restrictions that make his development look something like he envisioned the property would look 4 or 5 years from now. He said he will support the ordinance, but not withstanding the validity of things stated by Councilmember Segal. Councilmember Guffey said he agrees that Councilmember Segal made a great argument, but he thinks we need to be more practical about this and move forward with the ordinance. Mayor Kelly agreed that Councilmember Segal made some valid points, but said the threshold question is whether or not you really believe that this area is ever going to be townhouses. He said if the answer is yes, then you would probably vote against this ordinance. He said he doesn't think it will ever be townhouses and said he will vote for the ordinance. At this time a vote was made to the motion to approve the ordinance to rezone the property at 5800 Kirby on second reading. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey Noes: Segal Absent: None 5. Reports by Council/Staff No reports. With no further business before the Council, Councilmember Boehme moved to adjourn the meeting at 6:53 p.m. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Meeting Adjo ne' . Pre jiThe ma A. Lenz, City Secretary Date Approved: C5 5of5