HomeMy WebLinkAbout022414 CC MinThe City of West University Place
A Neighborhood City
CITY COUNCIL
Bob Fry, Mayor
Susan Sample, Mayor Pro Tern
Ed Heathcott, Councilmember
Joan Johnson, Councilmember
Dick Yehle, 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 a regular session on Monday,
February 24, 2014, in the Municipal Building, 3800 University, 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. in the Conference Room. Council and
Staff in attendance were: Mayor Pro Tern Sample, Councilmembers Heathcott and Yehle, City Manager
Ross, Assistant City Manager /Public Works Director Peifer, City Secretary Lenz, City Attorney Petrov,
Police Chief Walker, and Fire Chief Taylor. Councilmember Johnson was absent.
Boy Scout Robert Rice, Troop 55, led the Pledge of Allegiance.
Secretary Lenz confirmed that the Notice of the meeting was duly posted in accordance with the Texas
Government Code, Chapter 551.
1. Public Comments
This is an opportunity for citizens to speak to Council relating to agenda and non - agenda items.
Steve Wells, 5658 Cheena Drive, Houston, Texas 77096, spoke in his capacity as the pastor of the
South Main Baptist Church and said a number of his congregants live in West University Place. He
strongly encouraged Council to keep credit access businesses out of the City because they are bad
people who are selling lies. He said those businesses have an average annual percentage rate of
538 percent in Texas, with the standard in Houston being 22 percent every two weeks. Mr. Wells
said they also provide auto title loans and 140 vehicles a week are repossessed in the City of
Houston. He said $240,000,000 in fees leave communities through these businesses and so he
again asked Council to please keep them out of the City.
2. Department Staffing
Matters related to staffing in the Administration Department. Recommended Action: Approve funding
for an Executive Assistant position in the Administration Department.
City Manager Ross presented and said staff recently completed the recruiting process for the
Communications Manager position, but the process produced only one viable candidate who had to
back out due to family commitments. He said in retrospect, he believes a part of the problem with
finding several good candidates for the position was the fact that administrative support functions,
handled by the Executive Assistant, were combined into the functions of the Communication
Manager's position.
City Council Minutes, February 24, 2014
Mr. Ross said because the two positions were combined, the Executive Assistant position was
eliminated in this year's budget, but based on what was just learned by going through the recruiting
process, staff is now asking Council to recreate and fund the Executive Assistant position to handle
the day -to -day administrative departmental support functions and to approve staff's request to re-
advertise for the Communications Manager position without the administrative responsibilities in the
description.
Councilmember Heathcott asked if funds are available. Mr. Ross said not only are there funds from
not having filled the position to date, but there are also funds available in the General Fund reserves
for these types of scenarios, but it requires Council to okay appropriation of the funds. He said
although it is being brought before Council now, staff will bring it back before Council at the end of the
year to appropriate the specific dollar amount.
Councilmember Yehle said he is sure that this will not affect Budget dollars, but as a subset of the
Budget, a headcount of full -time equivalents (FTEs) is managed, so this would increase the FTEs by
the end of the year. He said this will become an issue next year, because if the same number of
FTEs are maintained, there will be a bigger budget next year.
Mayor Fry said he was skeptical about a Communications Manager being asked to do clerical work,
so he said this is worth a try and thinks it is the right move to make.
Councilmember Yehle said he thinks it is the right move to make, also and believes there are
possibilities of moving administrative functions within all departments, potentially to avoid the net
increase next year.
City Manager Ross said staff will make every effort to avoid an increase in staff next year and said he
is working with departments to see if that will be possible as the year goes on.
Mayor Fry said the main goal at this time is to hire a good Communications Manager.
Councilmember Yehle moved to establish two positions, the Executive Assistant position and the
Communications Manager position in lieu of the combined single position. Councilmember Heathcott
seconded the motion. MOTION PASSED.
Ayes: Fry, Sample, Heathcott, Yehle
Noes: None
Absent: Johnson
3. Credit Access Businesses
Matters related to an ordinance regulating credit access businesses, including payday loan
businesses, in West University Place. Recommended Action: Consider approval of an ordinance regulating
credit access businesses in the City of West University Place.
City Manager Ross presented and said this is an issue that has been gaining attention around the
State and most of the metropolitan areas (i.e. Dallas, Austin, Houston, Bellaire) have adopted
ordinances such as the one being proposed for West University Place. He said West U is proposing
the ordinance so that it isn't the only place where credit access businesses can go and function in a
way that some feel are detrimental to the recipients.
City Attorney Petrov spoke to explain credit access businesses. He said they basically refer to the
auto title loan businesses and the payday loan businesses, and that part of the issue revolving
around them is the fact that in the opinion of some the State doesn't regulate them enough, so they
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City Council Minutes, February 24, 2014
have a lot of leeway in respect to their practices. He said as a result, several cities have stepped into
the void and adopted some regulatory provisions, not particularly onerous provisions so not to shut
down the businesses, but rather to establish some basic regulations. Mr. Petrov said the regulations
are based on a model ordinance that the Texas Municipal League (TML) promulgated, so all the cities
that have passed such an ordinance followed the model ordinance from TML.
Mr. Petrov stated that when cities first started adopting regulatory ordinances, the credit assess
businesses within those cities began suing, some of which are still ongoing, alleging that the cities
overstepped their authority, because they don't have the authority under State law to adopt such
regulations. He said TML is recommending that if a city chooses to regulate, that it not do anything
different than what has been proposed as the model ordinance, which is the ordinance before Council
tonight.
Mayor Pro Tern Sample said if the proposed ordinance follows the language of the TML model, then
she's good with the ordinance and she moved to approve an ordinance regulating credit access
business in the City of West University Place on first reading. Councilmember Heathcott seconded
the motion.
Councilmember Yehle said payday lenders are not popular with him, but if someone wants to use
them and they are legal, he doesn't have a problem with them. He said he worries about the legal
side and becoming a targeted city. He said no one is going to sue Houston, but they might sue West
U and he doesn't know if the City would be supported by other communities in defending that suit.
City Attorney Petrov said there are ongoing suits and he believes the suits have involved many of the
major cities, so he doesn't know if they would ignore Houston. He said TML is defending those suits
and that if they targeted West U, it would be covered by its insurance.
Councilmember Yehle asked if cities feel strongly about this, why they aren't proposing legislation to
the State? City Manager Ross said that TML has proposed legislation on behalf of cities, but they
were outnumbered the last time around by the lobbyists for the credit access businesses.
Councilmember Yehle said he doesn't have arguments to make other than it doesn't feel right
legislating a business that is doing what the State condones.
Mr. Petrov said he understands Councilmember Yehle's concern, but his concern is simply the fact
that if the City is the lone area that doesn't regulate, then the concentration of those businesses will
be driven to this location.
Councilmember Heathcott said he supports what is trying to be done, because he feels that this
industry is preying on uneducated people and taking advantage of their lack of knowledge. He said in
this particular case, government needs to step in and make some laws that give those people
protection.
Mayor Fry said he supports this so that West U won't be the only City that does not regulate and be
open for them to come and do business here. He said the other thing is that if somebody sues the
City over something it believes in then let them come on.
Councilmember Yehle said he doesn't think the things being proposed are bad, the concept is a
principal that he is not totally comfortable with, yet.
Mayor Fry said the City is not excluding them from being in West U, just limiting what they can do
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City Council Minutes, February 24, 2014
At this time a vote was made on the motion by Mayor Pro Tem Sample and second by
Councilmember Heathcott. MOTION PASSED.
Ayes: Fry, Sample, Heathcott
Noes: Yehle
Absent: Johnson
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 Minutes of February 10, 2014 City Council meeting.
Mayor called for a vote to approve the Consent Agenda as presented. MOTION PASSED.
Ayes: Fry, Sample, Heathcott, Yehle
Noes: None
Absent: Johnson
5. Council /City Manager Reports
No reports from the City Manager.
City Manager Heathcott said the Zoning Board of Adjustment had a discussion regarding the
possibility of meeting on the fourth Thursday as opposed to the current third Thursday and asked if
moving the date /time is something the City can request or does it have to be with ZBA's consent.
City Attorney Petrov said that, generally, the boards and commissions establish their own meeting
nights.
6. Adjourn
With further business, Councilmember Yehle moved to adjourn the meeting at 6:55 p.m. Mayor Pro
Tern Sample seconded the motion. MOTION PASSED.
Ayes: Fry, Sample, Fjeahbott; Ye
Noes: None tk"/ A sent: Johnson P By!
Thelma A. Lenz, City ecretao Date Approved
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