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HomeMy WebLinkAbout121415 CC MinThe City of West University Place A Neighborhood City CITY COUNCIL Susan Sample, Mayor Bob Kelly, Mayor Pro Tem Burt Ballanfant, Councilmember Brennan Reilly, Councilmember Mardi Turner, Councilmember STAFF M. Chris Peifer, 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, December 14, 2015, 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 Sample called the meeting to order at 6:30 p.m. in the City Council Chambers. Council and Staff in attendance were: Mayor Pro Tem Kelly, Councilmembers Ballanfant, Reilly and Turner, City Manager Peifer, City Attorney Petrov, City Secretary Lenz, Finance Director Daugherty, Police Chief Walker, and Public Works Director Beach John Robuck, Investment Banker with BOSC, Inc., was also present. Mayor Pro Tem Kelly led the Pledge of Allegiance. City Secretary Lenz confirmed that the notice of this meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 1. Public Comments This was an opportunity for citizens to speak to Council relating to agenda and non - agenda items. Robert Grossman, 4103 Ruskin, requested that the City provide the citizens adjacent to the AT &T building on Academy and Ruskin a competent attorney in the Zoning Board of Adjustment (ZBA) hearing, which will occur in January. He said Reid Wilson, a well -known expert, represents AT &T and the citizens can't afford to hire an attorney of that caliber. He said staff will deliver a report, but will not coordinate evidence and testimony of neighbors necessary to support a decision by the ZBA that can be sustained upon appeal. Mr. Grossman said the ZBA will take the issue up in January and he would like the City Council to determine at its January meeting or earlier to hire James Dougherty, Jr., for this purpose because he is also a well -known expert in zoning. He said to the extent that this ensures a proper decision that is easily sustained on appeal by the interested parties, whether the citizens or AT &T, it would prove an efficient use of the city's funds and he urged the Council to consider this suggestion seriously. 2. Authorizing Issuance of Refunding Bonds Matters related to the issuance of Refunding Bonds. Recommended action: Approve an ordinance authorizing the issuance of Permanent Improvement Refunding Bonds, Series 2016, for the City of West University Place. City Council Meeting Minutes, December 14, 2015 Finance Director Daugherty introduced John Robuck who reviewed the current market conditions and indicated that it is a great time to sell. He said eight (8) bids were received for the sale of the bonds, with the lowest bid received from First National Bank Texas at a rate of 1.4450, which is a lower than what his firm projected. After Mr. Robuck's presentation, which included review of the sources and uses of funds and the final debt service requirements, Councilmember Ballanfant moved to approve the ordinance authorizing issuance of the Permanent Improvement Refunding Bonds, Series 2016, for the City of West University Place. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 3. Future Agenda Items Matters related to future agenda items. Discuss and take any desired action. Councilmember Ballanfant said the issue that Mr. Grossman raised (under the Public Comment section) has some significance to the City and he doesn't know whether the City should or should not hire Jim Dougherty, but the City might want to have Mr. Dougherty or some equivalent person, at least look at the issue and explain it to Council. City Attorney Petrov said the City had Jim (Dougherty) assist in preparing the Administrative Order issued by staff. Mayor Pro Tern Kelly said as he understands, procedurally, the ZBA ruled against AT &T. City Attorney Petrov said there has not been a ruling on the issue. He said staff has received complaints from time to time from the neighbors regarding activities going on at the site and there have been questions about what has and hasn't been allowed based on the nature of the approvals given in the past. Staff prepared and issued an Administrative Order to identify what it thinks can and can't be done and that any interested person has a right to appeal the Administrative Order to the ZBA, which AT &T has done. Mayor Pro Tern Kelly confirmed with Mr. Petrov that if the ZBA upholds staff's Administrative Order, and AT &T appeals it in a District Court, then the City will be in court defending the ZBA and that is when the City would hire an attorney to represent the ZBA in this matter. He confirmed that just appearing before the ZBA attempting to uphold the Administrative Order doesn't require an attorney, other that the services of Mr. Petrov who would represent the staff. City Manager Peifer said one of the basic rules of the City's operating orders as a Home Rule city is that the City does not spend public funds for private benefit or private good. City Attorney Petrov said it would be difficult for the City to represent the interest of any individual homeowner. Mayor Sample said she doesn't believe Council is allowed to interfere with the quasi - judicial body deliberations, so she feels that it is better that Council stays out of it. Councilmember Reilly said the City hired special counsel who represented the City in connection with the Church's ZBA application last fall. 2 of 3 City Council Meeting Minutes, December 14, 2015 Mayor Sample said the City was involved in what the end result would be and she doesn't believe the City is involved in the end result of this. Councilmember Reilly said the issue of the ZBA is not on the list of future agenda items and asked City Attorney Petrov if it could be requested of the City Secretary to add this to the agenda for the first meeting in January. With confirmation from City Attorney Petrov, Councilmember Reilly requested that a discussion of whether the City should retain independent counsel or direct current counsel to represent the interest of the City and /or the neighboring residents in connection with the ZBA application be on the agenda for the first meeting in January. Councilmember Ballanfant seconded the request. Councilmember Reilly proposed that at the second meeting in January Council discuss matters relating to the parking etiquette program, designated drop -off zones, parking on sidewalks and guidance to staff regarding parking violations that is currently on the Future Agenda Items list. Mayor Pro Tern Kelly seconded the request. 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 Minutes of the December 7, 2015. Recommended Action: Approve Minutes. Mayor Pro Tern Kelly moved to approve the Consent Agenda as presented. Councilmember Reilly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 5. Adjourn With no further discussion, Mayor Pro Tern Kelly moved to adjourn the meeting at 6:46 p.m. Councilmember Ballanfant seconded the motion. MOTION PASSED. Ayes: Noes: Absent: Sample, Kelly, Ballanfant, Reilly, Turner None -------- None FA W � J N Ja 3 of 3 Dat pproved / i �/ 3 of 3 Dat pproved / i �/