HomeMy WebLinkAbout051302R CC Min
CITY COUNCIL REGULAR SESSION
MONDAY, MAY 13, 2002
MUNICIPAL BUILDING COUNCIL CHAMBERS
3800 UNIVERSITY BOULEVARD
7:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers on May 13, 2002, with the following members present: Mayor Pro Tem May
presiding, Council Members Farley, Griffin and Jackson. The City Manager, City
Secretary, City Attorney, Public Works Director, Police Chief, Finance Director, Parks
and Recreation Director and Utilities Superintendent were also present. Mayor Lewis
was absent.
The notice for this meeting was posted in accordance with the Texas Government Code,
th
Chapter 551, on the 9 of May 2002 at 4:00 p.m.
Proclamation for Peace Officers.
Matters related to a Proclamation recognizing Peace Officers? Memorial Day and
National Police Week.
Mayor Pro Tem May read the Proclamation and presented it to the Police Chief.
Proclamation for Older Americans Month.
Matters related to a Proclamation recognizing the month of May 2002 as Older
Americans Month with this year?s theme as ?America: A Community of All Ages.?
Mayor Pro Tem May read the Proclamation.
Citizen Comments.
Mayor Pro Tem May invited citizens who wished to address the City Council to come
forward as their names were called.
Kate Thomas, 2720 Werlein, spoke to the Council about damage to her trees in front of
her home during the infrastructure improvements. She presented pictures of the damaged
roots.
Michael Plant, 3421 Tangley, spoke to the Council about damage to his trees during the
infrastructure improvements. He asked if anyone was supervising the jobs.
Ordinance relating to parking for storage.
Matters related to the second and final reading of Ordinance No. 1710.
City Council Regular Session, May 13, 2002
Mayor Pro Tem read the caption of Ordinance No. 1710 as follows:
An ordinance relating to parking for storage; amending the code of ordinances of the City
of West University Place, Texas; and containing findings and provisions relating to the
subject
Copies of Ordinance No. 1710, in the form proposed for adoption, were available in the
Council Chambers.
Chief Begley reported that section 545.302 of the Texas Transportation Code prohibits
parking a vehicle on a sidewalk. However, there are residences with garages and
driveways insufficient to accommodate the vehicles owned and driven by persons
residing there. Some persons were able to park their vehicles in their driveway, but they
partially or totally blocked the sidewalks. These persons? only other alternative was to
park in the street. However, the current Ordinance 13.039 prohibits them from parking
vehicles in the street overnight. The effect was that the residents were placed in the
position of choosing between two violations. Residents need to be able to reasonably
utilize driveways and streets adjacent to their property to park their cars without being
forced into a law violation.
The proposed ordinance amendment eliminates the prohibition against parking in the
street overnight, thereby providing a legal parking alternative which will allow most
residents to park their vehicle(s) in the street instead of parking in their driveway in such
a manner so as to block the sidewalk. The amendment further limits a public street from
being used for long-term storage of vehicles by prohibiting a vehicle from being parked
in the street for more than 72 consecutive hours.
A motion was made by Council Member Jackson, seconded by Council Farley, to
approve Ordinance No. 1710 on the second and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Pro Tem May, Council Members Farley, Griffin and
Jackson
Voting Nay: None
Absent: Mayor Lewis
Ordinance amending Chapter 2 of the Code of Ordinances.
Matters related to the first reading of Ordinance No. 1712.
Mayor Pro Tem May read the caption of Ordinance No. 1712 as follows:
An ordinance relating to Administration and Finance; amending Chapter 2 of the code of
ordinances of the City of West University Place, Texas; and containing findings and
provisions relating to the subject.
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City Council Regular Session, May 13, 2002
Copies of Ordinance No. 1712, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty stated that Ordinance No. 1712 is an omnibus ordinance
that brings forward several changes recommended by the Code Review Team. Mr.
Dougherty presented a section-by-section analysis of the changes. Included in the
changes under Section 2.001(d) is a deadline for agenda requests and the removal of the
requirement that the request be in writing.
Council Member Griffin suggested that the requirement for agenda requests to be in
writing remain in the code but to add email or fax as an option.
The City Council agreed with this change.
Council Member Farley requested that the term limits for Board and Commission
members be repealed.
Other members of the City Council did not support Council Member Farley?s request at
this time.
Council Member Farley inquired about the market survey for salaries and the automatic
5% added to Police and Fire salaries. He asked if this yearly survey was burdensome and
if this should be eliminated once parity is achieved or at least go to every other year.
City Manager Sherman Yehl stated that the survey was not burdensome and it probably
makes sense to review the salary structure annually and report back to Council.
A motion was made by Council Member Griffin, seconded by Council Member Farley, to
adopt Ordinance No. 1712 on the first reading amending section 2.001(d).
A vote was taken on the motion with the following result:
Voting Aye: Mayor Pro Tem May, Council Members Farley, Griffin and
Jackson
Voting Nay: None
Absent: Mayor Lewis
Ordinance authorizing 2002 Bond Sale.
Matters related to the first and final reading of Ordinance No. 1714.
Mayor Pro Tem May read the caption of Ordinance No. 1714 as follows:
An ordinance authorizing the issuance of City of West University Place, Texas,
permanent improvement and refunding bonds, Series 2002; authorizing the redemption
prior to maturity of certain outstanding obligations; authorizing the advance refunding of
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City Council Regular Session, May 13, 2002
certain outstanding obligations and the execution and delivery of an escrow agreement
and the subscription for and purchase of certain escrowed securities.
Copies of Ordinance No. 1714, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas stated that this is the last bond sale of the infrastructure
replacement program that was authorized by the citizens.
He introduced the City?s Financial Consultant Frank Ildebrando of RBC Dain Rauscher,
Inc. and Frank McCreary and Tom Sage, Bond Counsel, from Vinson and Elkins.
In 1995 the voters approved issuing bonds totaling $63 million to almost completely
reconstruct the city?s infrastructure. The Schedule below provides the details of the bonds
issued against this authorization:
AmountAverage
IssuedCoupon
Series 1996
$ 5.66%6,890,000
Series 1998
4.89%14,710,000
Series 2000
5.41%20,950,000
Proposed Series 2002
12,550,000
Total issued
55,100,000
Total authorized
$ 55,100,000
These bonds are the primary source of financing for Priority Areas 9,10 and 11B. Priority
Area 11B is estimated to be only partially funded by this bond sale. A second, smaller
issue of certificates of obligation may be needed later this year to complete the
Infrastructure Replacement Program.
In spite of a recent upturn in interest rates, the City expects to be able to issue the 2002
series at an average rate of 5.00%. This rate is lower than the rate on bonds issued by the
City earlier in the infrastructure program. Because of the low interest rates, a refinancing
of some of the City?s outstanding bonds will be advantageous. The City is currently
paying from 5.6% to 6.5% on some of the Permanent Improvement Bonds, Series 1992
that can be recalled by the City and replaced with bonds paying around 5.00%. If the City
does this, the savings on future interest payments might be as high as $400,000.
The debt service on this issue will first impact the 2003 budget. Without considering the
impact of increases in property values, the new debt service will add approximately 3
cents per $100 value to the property tax beginning in 2003.
A motion was made by Council Member Jackson, seconded by Council Member Farley,
to adopt Ordinance No. 1714 issuing $28,720,000 Public Improvement and Refunding
Bonds on the first and final reading.
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City Council Regular Session, May 13, 2002
A vote was taken on the motion with the following result:
Voting Aye: Mayor Pro Tem May, Council Members Farley, Griffin and
Jackson
Voting Nay: None
Absent: Mayor Lewis
Property tax refund.
Matters related to 2001 ad valorem tax refunds in the amount of $7,095.62.
Mr. Thomas reported that Section 31.11 of the Property Tax Code requires approval by
the City Council of property tax refunds that exceed $500.00. Occasionally the City
receives an overpayment of property taxes. The causes of overpayment vary, but the
most common are:
Both the taxpayer and the taxpayer?s agent pay the property tax causing a
duplicate payment.
The taxpayer may issue a check in the wrong amount causing an
overpayment.
Simple mistakes.
The following schedule details the taxpayers, the reason for the overpayment and the
amount of refund requested:
Property
Refund to:OwnerAddressReasonAmount
TransamericaHoward Hilton4121 RuskinTaxpayer and agent both paid726.60$
Wells FargoStacey Carson3805 VillanovaTaxpayer and agent both paid955.08
FidelityRandall Ross4011 SouthwesternError826.36
Edgar A ArthurEdgar Arthur4208 Rice Blvd.Taxpayer and agent both paid1,408.60
TransamericaStephen Tew4106 ColeridgeTwo different agents paid3,178.98
$7,095.62
A motion was made by Council Member Griffin, seconded by Council Member Jackson,
to approve the refund of overpaid property taxes.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Pro Tem May, Council Members Farley, Griffin and
Jackson
Voting Nay: None
Absent: Mayor Lewis
Purchase of vehicles.
Matters related to the authorization to purchase one side loader refuse truck, one ½ ton
pick up truck and three work trucks for the Public Works Department.
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City Council Regular Session, May 13, 2002
Public Works Director Michael Ross stated that the Public Works Department in an effort
to maintain an efficient and economical fleet was requesting the following vehicle
replacements.
The vehicles listed below will be purchased through Buy Board/ Government
Cooperative Purchasing Program.
One 2002 Chevrolet ½ Ton Extended Cab ($18,858.00).
The ½ Ton Chevrolet
Pick-Up will replace vehicle #530, a 1986 Ford Truck, in the street department.
Vehicle #530 has been sent to auction. It had become uneconomical to retain due to
unreliability and high maintenance costs.
Three 2002 Ford F-450 Crew/Work Trucks With Utility Bed ($31,737.00
EACH).
These three vehicles will be replacing vehicle #742, #745 and #746.
Vehicle # 742 a 1995 GMC Truck has become uneconomical to retain due to
unreliability and high maintenance costs. Vehicle #745 and #746 are 1997 Ford
Trucks that are propane fuel conversion. These vehicles have proven to be
extremely unreliable and difficult to maintain and repair. The company used for fuel
conversion has gone bankrupt. Ford refuses to service these vehicles due to the after
market conversion.
Mr. Ross stated that the Staff was not requesting purchase of the side loader refuse truck
at this time. This truck would be purchased after going through the bidding process.
A motion was made by Council Member Jackson, seconded by Council Member Griffin,
to authorize the City Manager to purchase the vehicles in the amount of $114,069.00.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Pro Tem May, Council Members Farley, Griffin and
Jackson
Voting Nay: None
Absent: Mayor Lewis
City Council minutes.
Matters related to the minutes of the Regular and Special Sessions conducted on April 22,
2002.
A motion was made by Council Member May, seconded by Council Member Farley, to
approve the minutes as amended.
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City Council Regular Session, May 13, 2002
A vote was taken on the motion with the following result:
Voting Aye: Mayor Pro Tem May, Council Members Farley, Griffin and
Jackson
Voting Nay: None
Absent: Mayor Lewis
Council comments.
Council Member Farley thanked the Public Works Director for his quick response to
rectify a sidewalk installation problem. He asked the Finance Director about the date of
an additional bond sale to complete the infrastructure work because he may need to
accelerate a recommendation from the drainage committee.
Mr. Thomas replied that it depended upon when the money is needed but most likely
sometime in 2003.
Council Member Griffin inquired about the pool chair at Colonial Park.
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 Jackson, to adjourn. The
Regular Session adjourned at 8:34 p.m.
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