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CITY COUNCIL REGULAR SESSION
MONDAY, JUNE 9, 2003
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers (3800 University Blvd.) on June 9, 2003, with the following members present:
Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The
City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works
Director, Finance Director, Parks and Recreation Director and City Planner were also
present.
The notice for this meeting was posted in accordance with the Texas Government Code,
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Chapter 551, on the 6 day of June 2003 at 4:30 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.
Jeann Howse, 3808 Ruskin, supported having term limits for Board and Commission
members. She stated that 4 to 6 years is the maximum time any member should serve.
Dick Yehle, 6401 Rutgers, stated that the over-65 exemption should be considered very
carefully and the Council should find the best tool to address the problem if there really is
a problem.
Carolyn Sacchi, 3768 Rice, encouraged the Council to increase the over-65 exemption.
She stated that many seniors have been adversely affected by the economy.
Ramsay Elder, 2821 Tangley, encouraged the Council to defer consideration of the over-
65 exemption agenda item because there was still plenty of time to get more information
and make an informed decision.
Fawaz Hashmi, 2916 Rice, stated that since his street was rebuilt there is standing water
in the street. He asked if the contractor would grind the concrete or do something to
make the street drain.
City Council Regular Session, June 9, 2003
Selection of Mayor Pro Tem:
Matters related to the selection of a Mayor Pro Tem.
A motion was made by Council Member Farley, seconded by Council Member Fogler, to
appoint Steven Segal as the Mayor Pro Tem.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Section 125 Flexible Spending Plan.
Matters related to Section 125 Flexible Spending Plan including Resolution No. 2003-05.
Mayor Ballanfant read the caption of Resolution No. 2003-05 as follows:
A resolution authorizing the adoption of a flexible spending plan in compliance with
Section 125 of the Internal Revenue Code.
City Manager Michael Ross introduced the City?s consultant Neal Welch. He stated that
Resolution 2003-05 authorizes a flexible spending plan as detailed in the Plan Document
provided to the City Council.
Council Member Segal stated that the document indicates that the Plan Administrator is
as named in the Summary Plan Description (SPD) and in the absence of naming a Plan
Administrator the City is the Plan Administrator but the City needs someone to act. He
suggested that he thought it would be appropriate to name a person or a committee as
opposed to the City. He recommended that the City Manager be named as the Plan
Administrator.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
adopt Resolution 2003-05authorizing a flexible spending plan for the City with the
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following amendments to the Summary Plan Description (SPD): (1) Page 1, 2
paragraph of the SPD under Introduction add a sentence that says ?The Plan
Administrator shall be the City Manager of the City?; (2) Plan Summary Information,
Addendum 1, the Plan Sponsor should be the City of West University Place and the Plan
Administrator should be the City Manager. The Designated Legal Agent should be the
City Manager.
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City Council Regular Session, June 9, 2003
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Drainage and site plans.
Matters related to drainage and site plans including a proposed ordinance and setting a
date for a public hearing.
Zoning and Planning Commission member Anne Whitlock reported that the Zoning and
Planning Commission has been working on an update of the City?s drainage regulations
for more than a year. The Commission has met with individual residents, builders,
engineers and the Building and Standard Commission. The Commission has considered
several different approaches and reviewed various drafts and revisions.
Existing regulations require a site to collect all water that falls on that site and drain it to
the street. It does not require them to accept water flowing across property lines. This
water blockage often causes flooding in adjacent lots. Existing regulations also require
submittal of engineered plans, which are considered ineffective.
Mrs. Whitlock presented a power point presentation explaining the proposal. She stated
that the proposal would modify the existing drainage regulations to: (1) eliminate the
requirement for an engineer?s seal, (2) reduce the surveying requirement from two
surveys to one, (3) require mitigation if a project affects existing drainage patterns across
property lines, (4) include various updates and cross references, and (5) raise fees.
A motion was made by Council Member Farley, seconded by Council Member Segal, to
call a public hearing to discuss drainage and site plans for the next city council meeting to
be held on June 23, 2003.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Friends of West University Place Parks Fund.
Matters related to the Friends of West University Place Parks Fund, including purchase of
a bench in Huffington Park.
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City Council Regular Session, June 9, 2003
Parks and Recreation Director Mark Mailes stated that the Friends of West University
Place Parks Fund, Inc. have received $1,255 from various individual donors to purchase a
bench for Huffington Park. The Friends by-laws state that City Council must approve all
expenditures over $1,000 cumulative.
A motion was made by Council Member Fogler, seconded by Council Member Woods, to
approve an expenditure of $1,255 for the purchase of a bench for Huffington Park.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Temporary services.
Matters related to a contract for temporary services including bids received May 28, 2003.
Assistant City Manager/Public Works Director requested that the City Council table this
item until the next regular session.
A motion was made by Council Member Farley, seconded by Council Member Fogler, to
table consideration of the temporary services contract.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Regular Session conducted on May 19, 2003.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
approve the minutes as amended.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
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City Council Regular Session, June 9, 2003
Informal Session
Tax exemption.
Matters related to the over-65 exemption from ad valorem taxation.
Finance Director Walter Thomas reported that since 1992 West U has provided a $72,850
exemption from property taxes for property owners who are over age 65. The exemption
is deducted from the appraised value of a property before the tax is calculated. At West
U?s current $0.43 tax rate, the value of the exemption is $313. Property values in West U
have almost doubled since 1991. Given this increase, the percentage of an over-65
taxpayer?s property value exempted from taxation has declined.
If Council decides to provide additional property tax relief to over 65 taxpayers, the
budget impact will not be felt until 2004. Recently HCAD provided a preliminary tax
roll. Using that roll as a basis for an estimate of the growth in assessed values, leads to an
assessed value of about $2.645 billion or about six percent more than last year. At this
point these estimates should give rise to cautious optimism but are still very inexact
because of challenges to assessed values and the fact that not all values are included on
the preliminary roll. Assuming no change in exemptions, property tax rates would remain
unchanged if the growth in assessed values drops from nine percent to the six percent
predicted by HCAD. Assuming the same growth in assessed values, doubling the over-65
exemptions would add approximately one cent to the tax rate.
Naturally, if assessed values grow, the tax impact is reduced and if assessed values
rate
do not meet HCAD?s estimates the tax impact would be increased. Even so, the
rate
impact of increasing the over-65 exemptions on the amount of tax that the rest of the tax
base pays is the same regardless of growth in assessed value, if one taxpayer pays less
another pays more.
Because of this, staff does not generally support tax exemptions. However, West U is a
special case. Many elderly taxpayers could not anticipate the social change that has sent
property values soaring in West U. As a result they are unprepared financially for the
property tax increases that have been the financial story of West U for the past ten years.
Mr. Thomas stated that it is important to remember that the coming 2004 Budget is likely
to present challenges. Adding three new firefighters will add about $90k to the Fire
Department Budget, Debt Service will increase about $600k, and any additional operating
costs for the West U Recreation Center would also need to be considered in the General
Fund Budget. Given these challenges, a tax increase for Debt Service is certain and
pressure on the General Fund?s revenues is intense. If City Council desires to increase
the exemption, staff recommends that Council increase the over-65 exemption by 50
percent to $109,275, then increase the exemption $7,285 a year until the total exemption
reaches the level that Council deems appropriate. This recommendation is based on the
fact that most of the increase in total assessed values has occurred in the past four years.
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City Council Regular Session, June 9, 2003
Since the amount that all taxpayer?s growth in taxable value is limited to ten percent per
year, a fifty percent increase in the exemption will index over?65 exemption to the value
at the beginning of the sharp increase in values. Increasing the exemption ten percent
annually will offset the value ?under the cap? that will be added in the next several years.
Further, by gradually raising the exemption, the impact on the remaining tax base will be
lessened.
The City Council asked numerous questions regarding the over-65 exemption and
requested additional information.
The City Council requested that this item be placed on the next informal session for
further discussion.
Expansion of parks system.
Matters related to the possible expansion of the City?s parks system through the
acquisition of residential lots.
Mayor Ballanfant commented that he had requested that this item be placed on the
agenda. He stated that the lot that he specifically had in mind was the lot next to the Rice
Pocket Park and for the last several months the lot has been listed for sale. The West
University Place Rotary Club had been looking to pay for a park item for Southside Place
at the corner of Edloe and University but was turned down. Mayor Ballanfant requested
that the Council think about this and gather information to be brought back at a
subsequent council meeting.
Council Member Fogler commented that her reaction to the idea was that she felt there
are other areas of the City that are more needy for park space and that it is a lot of money
to spend at a time when the City is not flush with cash.
Council Member Woods commented that he felt the City needed to be opportunistic but
in other areas of the City. He stated that it was time to turn their attention to the areas
without a park.
Mayor Ballanfant suggested that a group be put together to evaluate what property is
available.
Council Member Farley commented that funding should be identified before looking at
buying additional parkland because it could be a futile exercise without knowing where
the money is coming from. He stated that he was reluctant to go to the city coffers for
any additional park space.
Procedural rules.
Matters related to procedural rules for the City Council.
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City Council Regular Session, June 9, 2003
Council Member Farley stated that he requested that this item be placed on the agenda so
that the Council could come to some consensus under which rules this Council would like
to operate. The rules and procedures were adopted by the previous Council under a semi-
unique circumstance and codified by ordinance so this Council is bound to operate under
them as well. He stated that he believed the rules could be improved upon by removing
some of the barriers to cross council discussion and debate and take out some of the
formality. Council Member Farley commented that he had some revisions that he would
like to offer and the Council could either come to consensus that night and ask staff to
prepare formal amendments to the ordinance at the next meeting.
Council Member Fogler commented that the way the exchange and discussion was
handled during their first meeting was very efficient and natural and not overly wrapped
up in protocol. She stated that if their was a way to change these rules to essentially
codify what happened that night then she would be very comfortable with that but it
would be very time consuming to look at each word during the meeting and make
corrections. She suggested that corrected versions could be sent to each other and then
brought forward at the next council meeting.
Mayor Ballanfant suggested that the Council operate under the current rules for a few
weeks and then if changes need to be made it could be further discussed.
Council Member Woods asked what the concerns were with the current rules.
Council Member Farley stated that the rules formalize the meeting and creates a
roundhouse for discussion. He stated that he agreed with Council Member Fogler in that
each member could take a cut at amending the rules, circulate them and bring it back for
further discussion.
Mayor Ballanfant stated that if the Council wanted to exchange emails about this topic
they certainly could.
City Attorney Jim Dougherty suggested that the corrections be sent to the City Secretary
for distribution.
Board and Commission member term limits.
Matters related to term limits for Board and Commission members.
Council Member Segal stated that two terms was insufficient time to serve on the ZBA
and ZPC and that he believes since the Council is a complete turnover every two years,
they should be totally free to appoint the people they want. The information presented by
the City Staff clearly shows that well over half of the board members were just appointed
in 2001. He stated that he would like to be free to look at the people who want to do the
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City Council Regular Session, June 9, 2003
job and to have a mix of experience and new people. He suggested that the term limits be
removed entirely.
The City Council requested that this item be presented in the form of an ordinance at the
next council meeting.
Inquiries, requests and complaints.
The City Council reviewed matters received from the public and referred them to the
appropriate department or will place them on a future agenda for consideration or action.
The City Council orientation will be set for July 1, 2003.
Council Member Farley inquired about mosquito spraying in the City.
Council Member Segal commented that during the last ZBA meeting they heard a
variance request involving a property that had 97-1/2 feet instead of 100 feet because 2-
1/2 feet had been taken by easement to widen Weslayan. He stated that he raised the
question of whether there were other properties that would be involved and whether ZPC
should consider an ordinance correcting this problem rather than forcing every citizen to
ask for a variance. He stated that City Staff informed him that there are approximately 70
properties that are affected. He suggested that the ZPC take a look at this problem.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Farley, seconded by Council Member Fogler, to adjourn. The
Council meeting adjourned at 8:48 p.m.
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