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HomeMy WebLinkAbout111411R CC Min( (WON The City of West University Place A Neighborhood City CITY COUNCIL STAFF Bob Fry, Mayor Michael Ross, City Manager Susan Sample, Mayor Pro Tem Alan Petrov, City Attorney Ed Heathcott, Councilmember Thelma Lenz, City Secretary Joan Johnson, Councilmember Dick Yehle, Councilmember CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in regular session on Monday, November 14, 2011, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:30 p.m. Agenda items were as follows: Call to Order: Mayor Fry called the meeting to order at 6:30 p.m. Council and staff in attendance were: Councilmembers Heathcott, Johnson and Yehle, City Manager Ross, ACM/Public Works Director Peifer, City Secretary Lenz, City Attorney Petrov, Police Chief Walker, Parks and Recreation Director O'Connor, Parks and Recreation Administrative Manager White, and Finance Director Daugherty. Mayor Pro Tern Sample was absent. Pledge of Allegiance: Councilmember Yehle led the Pledge. 1. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. P. Daigle, 4203 S. Judson, spoke regarding the City's ordinance relating to fees assessed on overdue water bills. He said he did not receive an August bill and in September he received a bill with a late fee, which he paid minus the late fee. Mr. Daigle said he has been a resident of the City since 1977 and that as far as he knows he has never been late paying his bill. He asked that Council change the ordinance to allow the Finance Director to use discretion when faced with situations such as his. He also requested that the assessed late fee be waived. Mayor Fry informed Mr. Daigle that Council is not allowed to speak on this matter because it was not an agenda item. He asked City Manager Ross to take the issue under advisement and bring information back to Council 2. Joint Houston Marathon Street Closures and Temporary No Parking Sign Matters related to authorizing street closures and the installation of temporary no parking signage for the 2012 Houston Marathon. Administrative Manager White presented and, after giving background on the marathon, stated that in order to ensure participant safety portions of University and Weslayan must be closed to vehicular traffic between 7:00 a.m. and noon on January 15, 2011. She said no parking signs will also be temporarily placed along the route approximately 48 hours in advance. Ms. White said the City also plans to host an official marathon hoopla station at City Hall, which is the marathon's halfway point and home of the annual mayor's marathon breakfast. City Council Minutes, November 14, 2011 Ms. White then introduced Brant Kotch, President of the Board of Directors of the Chevron Houston Marathon and John Stokes, resident and marathon committee member. Both Mr. Kotch and Mr. Stokes asked Council to support the request to allow the Chevron/Houston Marathon to run through the City. Mr. Stokes said due to West U's support, they have a "Run for a Reason" program that raises money for charity and said since 1995 they have raised over $13.5 million. Mr. Kotch spoke to say that this is the 26th year the marathon will come through West University Place, but the race itself is celebrating its 40th anniversary. He thanked West U for its contributions to the success of the race. Councilmember Johnson moved to authorize street closures and no parking signs for the 2012 Chevron Houston Marathon. Councilmember Yehle seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 3. A. Matters related to a public hearing to hear comments on the proposed taxation of certain tangible personal property also known as goods-in-transit exemption. B. Matters related to a resolution authorizing the City to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. Finance Director Daugherty presented these items and said in 2007, the Texas Legislature enacted Tax Code Section 11.253, which is called the goods-in-transit exemption, and said it defines goods- in-transit as tangible personal property that is temporarily held at a location whose owner didn't have direct or indirect ownership of the storage facility. Ms. Daugherty said in 2011, the Texas Legislature passed Senate Bill 1, amending Section 11.253 to exempt only those goods being stored. She said the amendment requires that if the City wants to continue taxing the goods-in-transit as defined now, the City has to take affirmative action to do so, which includes holding a public hearing and adopting a resolution. In response to Mayor Fry's question, Ms. Daugherty stated that the City has little, if any, goods-in- transit in West U and she doesn't see any in the foreseeable future; but, adopting the resolution will cover the City in the in the future, in case it is ever needed. In response to Councilmember Johnson's question, Ms. Daugherty explained that items delivered to her home would not be taxable, because an individual is not subject to personal property taxes in the State of Texas. Councilmember Yehle asked, hypothetically, if a merchant has a warehouse in the City and stores goods on site, as well as other locations, would that be goods-in-transit and how would that tax get identified and billed. Finance Director Daugherty answered "yes" it would be considered goods-in- transit and said businesses are required to fill out a personal property rendition list and submit it to the Harris County Appraisal District. She said if they don't comply, they are assessed penalties. At 6:45 p.m., Mayor Fry opened the public hearing Page 2 of 6 City Council Minutes, November 14, 2011 With no comments from the public, Mayor Fry closed the public hearing at 6:46 p.m., and Councilmember Johnson moved to adopt a resolution taking affirmative action to tax goods in transit. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 4. A. Matters related to the adoption of an Ordinance authorizing the issuance of Refunding Bonds. B. Matters related to the adoption of an Ordinance authorizing the issuance of Certificates of Obligation. Ryan O'Hara with RBC Capital Markets presented an overview of the refunding bonds and the certificates obligation. He said though they were authorized to sell up to $1.1 million in certificates of obligation, they only sold $910,000, which was all that was needed for the drainage and water system projects. Mr. O'Hara said they also refinanced some Series 2002 bonds and that the amount of that issuance was $4,790,000. He said it was estimated that the savings associated with the refinancing would be $353,000, but the City actually saved $554,000. Mr. O'Hara said they are expected to close on December 13, 2011. Councilmember Yehle moved to adopt the ordinance authorizing the issuance of Refunding Bonds on the first and final reading. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample Councilmember Heathcott moved to adopt the ordinance authorizing the issuance of Certificates of Obligation. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 5. Meter Reading Services Contract Matters related to authorizing the city manager to into a contract with Southwest Water Company (SWWC), Inc., for water meter reading services. Finance Director Daugherty presented this item and said a bid for meter reading services was last awarded in 1995 when it was awarded to Severn Trent Environmental Services (STE. Ms. Daugherty said, although STE has provided standard services over the years, staff felt it was time to open the door again for competitive bids. She said three qualifying bids were received in response to the City's request for proposals and after evaluations by staff, it was determined that the quality of Southwest Water Company (SWWC) was above the other bidders. She said, in addition, SWWC's monthly rate per read per meter was the lowest of the three and so staff is recommending that SWWC be selected as the meter reading services contractor. Page 3 of 6 City Council Minutes, November 14, 2011 In response to Councilmember Yehle's question as to whether there are fees in the contract in addition to the per unit fee, Ms. Daugherty responded no, but said there might be services, some of which Public Works is currently handling, added later that will incur additional costs. In response to Councilmember Yehle's question as to what is the approximate value of the contract, Ms. Daugherty responded $58,800, which is based on services for 6200 meters per month. With no more questions, Councilmember Heathcott moved to authorize the city manager to enter into a contract with SWWC Services for water meter services at a rate of 0.79 cents per meter per month. Councilmember Yehle seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 6. Memorandum of Understanding with West University Aquatics Matters related to a Memorandum of Understanding between the City of West University Place and West University Aquatics. Parks and Recreation Director O'Connor presented and explained that this is an annual Memorandum of Understanding (MOU) with West University Place Aquatics d/b/a Piranhas Swim Team. He said the primary differences between the 2012 MOU and the 2011 MOU are housekeeping items. Mr. O'Connor said the primary difference in this MOU is on the dates and times. He said the dates still fall within the parameter of May/June, but it is now being agreed to have two tentative dates for rainouts as a result of an issue last year. Councilmember Heathcott moved to approve the Memorandum of Understanding with West University Place Aquatics. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 7 Matters related to a Memorand West University Baptist Church. West University Place and Parks and Recreation Director O'Connor presented and said the City has enjoyed a long-standing relationship with West University Baptist Church (WUBC). Relating to parking within this MOU, Mr. O'Connor said Lot 3, which is identified in the MOU, is critical to us being able to provide parking for the City's program participants at the Senior Center and the Community Building. He said this MOU outlines the agreement for the allowed usage of that parking, which will allow the WUBC to use the Community Building on Sunday mornings from 7:00 a.m. until approximately 12:30 p.m. to conduct their youth and adult Bible studies and Sunday school programs. Councilmember Yehle asked if his understanding is correct that Lot 3 is not part of the other MOU governing parking between the City and the Church. Mr. O'Connor said, yes, that is correct. Councilmember Yehle said on the permit page there is a statement that reads "the City reserves the right to schedule the use of facilities for the purposes of City related special events and activities." He Page 4 of 6 City Council Minutes, November 14, 2011 said to do that we have to negotiate with WUBC with 60-days notice. That being the case, he suggested not having that caveat in the MOU and letting it just be the City's right to give 60-days notice for co-opting the space. Mr. O'Connor responded that we do not conduct any of the City's special events, activities, or any other programs on Sunday mornings, so staff felt that it was highly unlikely that there would ever be a demand for an emergency use of the Community Building or Senior Center, however, staff can certainly conform to the pleasure of Council if it would like to minimize that 60-day period. Councilmember Yehle said he thinks the timeframe is fine, but it's the concept that we have to negotiate that concerns him. Mr. O'Connor said it is a courtesy to WUBC to allow them to Sunday morning activities ahead of time. Councilmember Heathcott stated that he thinks it is just a question of defining the intent of the agreement in terms of the cycle going forward. Mayor Fry suggested using the word "coordinate" instead of "negotiate", but added that there will be no changes this year. He said the verbiage can be addressed during next year's renewal process. Councilmember Yehle moved to authorize the city manager or his designee to execute the Memorandum of Understanding between the City of West University Place and West University Baptist Church. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 8. Memorandum of Understanding with Tri-Sports Matters related to a Memorandum of Understanding between the City of West University Place and Tri-Sports. Parks and Recreation Director O'Connor presented and said the primary difference between the 2012 MOU and 2011 MOU involve having the Executive Board of Tri-Sports, the principle of West U Elementary School and several members of the Public Works Department get together annually, at least three months prior to the MOU going before Council, so that they can discuss and go through the process. He said this concept was initiated this year with great results. Mr. O'Connor said two other changes include submitting calendars every 6 months instead of annually and adding changes to conform to Little League Internationals new ruling, which allows post- season tournament play to go until midnight or not being allowed to start a new inning after midnight. He said staff has to note the time change in order for Tri-Sports to be issued a permit for post-season tournaments and be able to light the fields. In response to Councilmember Heathcott's question as to the physical location of the property, Mr. O'Connor identified the subject properties. He said West U Elementary is one of the properties, because H.I.S.D enters into an agreement with the City and the City sublets it to Tri-Sports; Paul Wallen Field is another property, which is where all post-season tournament play is held; and then there are the two acres at the West U Rec Center, which is almost exclusively used for practices and clinics. Page 5 of 6 City Council Minutes, November 14, 2011 Councilmember Johnson moved to authorize the city manager or his designee to execute the Memorandum of Understanding between the City of West University Place and the West University Tri-Sports Association. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 9. Consent Agenda All Consent Agenda items listed are considered to be routine by one motion. There will be no separate discussion of requests in which event the item will be removed from the normal sequence on the agenda. A. City Council Minutes Approve City Council Minutes of November 7, 2011. by the City Council and will be enacted these items unless a Council member Consent Agenda and considered in its B. Fund Balance Policy Matters related to the consideration and adoption of the City's Fund Balance Policy. Councilmember Yehle moved to approve the Consent Agenda as presented. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: None Absent: Sample 10. Reports by CounciUStaff Councilmember Johnson announced that staff did an excellent job in recognizing the veterans that work for the City of West U. She said it was an outstanding presentation and thanked staff for putting it together. 11. Adjourn With no other business before Council, Councilmember Johnson moved to adjourn the meeting at 7:15 p.m. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Johnson, Yehle Noes: None Absent: Sample, Heathcott Ilk tMOVEqt, Meeting Adjourned. t` A Prepar d a C2 r Ty A. Lenz, City Secretary 71%! ate Approved Page 6 of 6