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
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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