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CITY COUNCIL REGULAR SESSION
MONDAY, SEPTEMBER 11, 2006
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building (3800 University
Blvd.) on September 11, 2006, with the following members present: Mayor Ballanfant presiding,
Council Members Cohen, Segal, Woods and Yehle. The City Secretary, City Attorney, Finance
Director, Assistant City Manager/Public Works Director and Parks and Recreation Director were
also present.
The notice for this meeting was posted in accordance with the Texas Government Code, Chapter
551, on the 7th day of September 2006 at 3:45 p.m.
Formal Session
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come forward as
their names were called.
There were not any citizens who wished to address the City Council at this time.
Zoning Board of Adjustment.
Matters related to the Zoning Board of Adjustment including Resolution No. 2006-18 appointing
Jason Powers as a member.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve
Resolution No. 2006-18 appointing Jason Powers to the Zoning Board of Adjustment.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Property tax refund.
Matters related to 2005 ad valorem tax refunds in the amount of $1,479.45
City Council Regular Session, September 11, 2006
Finance Director Walter Thomas reported that each year the City receives overpayments of
property taxes. The causes of overpayment vary, but the most common are:
Both the taxpayer and the taxpayer?s agent pay the property tax.
The taxpayer pays a wrong amount.
Section 31.11 of the Property Tax Code requires approval by the City Council of property tax
refunds that exceed $500.00.
In this case the need to refund results from a duplicate payment because the taxpayer and the
taxpayer?s agent paid the tax.
A motion was made by Council Member Woods, seconded by Council Member Cohen, to
authorize the refund of overpaid property taxes to Cenlar FSB in the amount of $1,479.45.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Appraisal Roll, Tax Rates, etc.
Matters related to the 2006 Appraisal Roll, effective tax rate, etc. and including Resolution
No.2006-19.
Mayor Ballanfant read the caption of Resolution No. 2006-19 as follows:
A resolution acknowledging receipt of Appraisal Roll, Assessor-Collector?s certificate and
related information; designating a person to calculate certain tax rates, make certain publications
and perform other related tasks; deciding on the amount of surplus and unencumbered funds to
be used to pay debt service; and containing related provisions.
Mr. Thomas reported that the State of Texas Truth in Taxation laws require the City Council to
formally receive certain specific information about the property tax roll:
Council is required to acknowledge the receipt of the certified appraisal roll from the
Chief Appraiser.
The City?s Tax Assessor is required to calculate, inform the City Council, and publish
two comparative tax rates. The is the rate that the City would levy to
effective tax rate
generate the same property tax revenue as the preceding tax year. The
roll back tax rate
is the effective tax rate adjusted for changes in the City?s debt service plus an eight
percent increase to the effective maintenance and operation tax rate. These rates provide
information to the Council about the City?s tax rates and revenues. They also provide
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City Council Regular Session, September 11, 2006
triggers for additional required publication of information about the City?s property taxes
and, in some cases, an opportunity for the citizens to invalidate a proposed property tax
increase.
Failure to comply with the requirements of the Truth in Taxation laws could result in delays in
assessing the 2006 property taxes or in injunctions against collecting 2006 property taxes.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to adopt
Resolution 2006-19 acknowledging the receipt of the certified appraisal roll from the Chief
Appraiser.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Bank Depository.
Matters related to the bank depository including proposals received June 15, 2006
(a) Resolution No. 2006-12.
Mayor Ballanfant read the caption of Resolution No. 2006-12 as follows:
A Resolution approving J.P. Morgan Chase Bank NA as the City?s Depository; and containing
findings and provisions related to the subject.
Mr. Thomas reported that at the July 24, 2006 meeting, City Council directed Staff to further
analyze the capability of banks to provide banking depository services to the City. All of the
original five banks that responded to the City?s Request for Proposal for Depository Services
were asked to respond to additional questions about the Bank?s experience with government and
provide details about other aspects of their services.
One of the questions dealt with the handling of collateral pledged by the depository to secure
funds on deposit in excess of federal insurance. Currently, the City approves all transactions into
and out of the account at the Federal Reserve Bank, which holds the investments, pledged to the
City as collateral. Two of the banks, Encore and Wells Fargo, would not continue to allow the
City to approve substitution of securities pledged as collateral and accordingly were eliminated
from consideration. The remaining three banks (Chase, Amegy and Bank of Texas) were invited
to an interview and to demonstrate their on-line banking services. The banking services provided
by these banks are very similar.
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City Council Regular Session, September 11, 2006
JP Morgan Chase Bank?s proposal was the lowest cost to the city with estimated monthly costs
of $613 and the bank has offered to waive the analysis fees for the first three months to offset
transition costs and will be able to provide the services required by West U from its Depository
Bank
A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adopt
Resolution No. 2006-12 selecting J.P. Morgan Chase Bank NA as the City?s depository subject
to the final execution of all required contracts.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
(b) Resolution No. 2006-13.
Mayor Ballanfant read the caption of Resolution No. 2006-13 as follows:
A Resolution relating to signatures on checks drawn on City accounts; authorizing such
signatures and authorizing use of facsimile signatures; authorizing the City Treasurer to ratify
certain signatures; and containing findings and provisions relating to the subject.
Mr. Thomas reported that the City Charter policy requires that checks drawn on City accounts
must be signed by the Finance Director (acting as City Treasurer) and co-signed by another
officer of the City approved by the City Council. In the past the City has authorized the Mayor
and the City Manager.
Additionally, as mentioned above, the City?s Depository Agreement allows the substitution or
withdrawal of securities held by the Federal Reserve Bank as collateral for the City?s deposits in
its depository bank only with the City?s written authorization. In the past the Finance Director
authorized the release or substitution of these securities. Authorizing Finance Director, the City
Manager or the Assistant City Manager will help to make sure an authorized official is available
to approve the release or substitution of pledged securities.
Council Member Segal suggested that the Mayor Pro Tem be added, as an additional co-signer
on the checks in case the Mayor or one of the other approved officers was unavailable.
A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve
Resolution No. 2006-13 authorizing the Mayor and City Manager to co-sign checks drawn on
City accounts and authorizing the Finance Director or the City Manager to authorize the release
or substitution of securities held as collateral for the City?s deposits with an amendment to
authorize Mayor Pro Tem Phyllis Cohen to co-sign on checks drawn on City accounts.
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City Council Regular Session, September 11, 2006
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Resolution No. 2006-14.
(c)
Mayor Ballanfant read the caption of Resolution No. 2006-14 as follows:
A Resolution approving investing in the J.P. Morgan Chase Government Money Market Fund;
and containing findings and provisions related to the subject.
Mr. Thomas reported that the City?s Depository Agreement requires that all funds on deposit
with Chase Bank be invested overnight. In order to accomplish this, the Bank will ?sweep? all
funds in the City?s demand checking accounts into a money market mutual fund.
State Law (Section 2256.014) authorizes investment in mutual funds that meet specific
requirements. The City?s investment policy authorizes investment in mutual funds that meet the
State?s requirements. Chase Bank offers several money market funds that meet the requirements
of Section 2256.014 and the City?s investment policy, but the J.P. Morgan Chase Government
Money Market Fund is the most consistent with the City?s investment policy.
A motion was made by Council Member Cohen, seconded by Council Member Segal, to approve
Resolution No. 2006-14 authorizing investment in the J.P. Morgan Chase Government Money
Market Fund.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Document Imaging.
Matters related to document imaging and a contract with Municipal Code Corporation to
complete the scanning project in the Public Works Department.
City Secretary Kaylynn Holloway reported that in March of 2006, the City of West University
Place contracted with Municipal Code Corporation (MCCi) for document scanning services in
the Police and Public Works Department. At that time the City Manager authorized a contract up
to $25,000 for the documents to be integrated with the LaserFiche Software.
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City Council Regular Session, September 11, 2006
The initial work is complete and the City was not able to scan all documents under the original
contract. The Staff would like to complete the remainder of the documents in the Building and
Operations Divisions. Overall, this entire project has reduced the amount of leased off-site and
on-site storage needed.
The total cost to complete the project is $12,862.15. The additional funds are available in the
salary and wages accounts in the Public Works Department because of the current vacancies.
A motion was made by Council Member Woods, seconded by Council Member Cohen, to
authorize the City Manager to execute a contract with Municipal Code Corporation in the amount
of $12,862.15 and authorize the reallocation of the funds from the salary and wages in the Public
Works Department.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Bond Election.
Matters related to the November 7, 2006 City Bond Election, including the West University
Place Recreation Center, Colonial Park and Parkland Acquisition.
This item was not discussed during the Regular Session.
City Council minutes.
Matters related to the minutes of the Regular and Special Session conducted on August 28, 2006.
A motion was made by Council Member Yehle, seconded by Council Member Woods, to
approve the minutes as amended.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
Council Reports.
Council Member Segal requested that an item be placed on the next agenda to discuss the options
for phase development of the West University Place Recreation Center and Colonial Park.
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City Council Regular Session, September 11, 2006
Council Member Yehle seconded the request.
Council Member Yehle reported that the Charter Review Committee had met for the first time
and that Council and citizens were invited to attend the meetings and offer comments.
Staff Report.
There were not any reports given during this agenda item.
Adjournment.
With no further business to come before the City Council at this time, a motion was made by
Council Member Cohen, seconded by Council Member Yehle Woods, to adjourn the Regular
Session.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and
Yehle
Voting Nay: None
Absent: None
The City Council adjourned the Regular Session at 6:52 p.m.
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