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HomeMy WebLinkAbout022398R CC Min -, I CITY COUNCIL REGULAR SESSION MONDAY, FEBRUARY 23,1998 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on February 23, 1998, with the following members present: Mayor Fogler presiding, Council Members Starich, Davis and Neal. The City Manager, City Secretary, City Attorney, Fire Chief and Public Works Director were also present. Council Member Davis led the Pledge of Allegiance. Council Member Sparkman was absent. RESOLUTION RELATING TOTHE ENVIRONMENTAL PROTECTION AGENCY'S PHASE II' STORM WATER PROGRAM: Consideration was given to Resolution No. 98-02. Mayor Fogler read the caption of Resolution No. 98-02 as follows: A RESOLUTION TO JOIN A COALITION OF TEXAS CITIES TO ADDRESS ISSUES RELATING TO EPA's PHASE II STORM WATER PROGRAM Public Works Director Ed Menville stated that concern over urban storm water runoff and possible build-up of pollutant concentrations in the nation's waterways prompted Congress to pass the Water Quality Act of 1987. The Act required the EP A to develop regulations governing urban storm water runoff. Phase I Storm Water Regulations were published in 1990 for those industrial facilities and municipalities exceeding 100,000 in population. Phase II Storm Water Regulations were published in the Federal Register on January 9,1998. These new regulations propose to . expand the storm water regulatory program to counties and small municipalities, less than 100,000 population, and construction sites that disturb one to five acres.' Initially, a new general permit for construction activity would need to be created by EPA ,governing these discharges. The Coalition of Texas Cities wants to encourage the development of a workable final rule that is based on sound science and technology and that achieves its goals in the most cost efficient manner possible. Additionally, the cities plan to comment on the proposed rules in order to preserve their right to fiie a legal challenge if dissatisfied with EP A's final rules. Cost to be a participant in the coalition will not exceed 10 cents per capita, or $1,350. A motion was made by Council Member Oavis, seconded by Council Member Neal, to approve Resolution No. 98-02 and authorize the execution of the Participation Agreement. " ~II;-a '", , t ..111"'. 1:"11.;.J;jl'.... ' ~._----~-.--cr;i'mrmrm~nnlfIT'r~--.---_._-~ City Council Regular Session, February 23, 1998 A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis andNeal Voting Nay: None Absent: Council'Member Sparkman RESOLUTION APPOINTING A MEMBER TO THE NEIGHBORHOOD SAFETY BOARD: Consideration was given to Resolution No. 98-03. Mayor Fogler read the caption of Resolution No. 98-03 as follows: A RESOLUTION APPOINTING AMEMBERTO THE NEIGHBORHOOD SAFETY BOARD; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. A motion was made by Council Member Starich, seconded by. Council Member Neal, to approve Resolution No. 98-03 appointing Judy Harding to the Neighborhood Safety B<;>ard. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council MembersStarich, Davis and Neal None Council Member Sparkman SMOKING ORDINANCE: Consideration was given to the second and final reading of Ordinance No. 1583. Mayor Fogler read the caption of Ordinance No. 1583 as follows: AN ORDINANCE RELATING TO SMOKING AND TOBACCO; 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. 1583, in the form proposed for adoption, were available in the Council Chambers. 2 "'-'---~"""""""'~~ ~ l~_ . ,- ,''',,.,''- --"'-'''l~nlrrrIJTIIl'JIT'r~------'------''-'-~''---~--~""'''-''--- City Council Regular Session, February 23, 1998 Fire Chief Terry Stevenson reported that the proposed amendments would prohibit all smoking in any building that the public accesses unless a separate ventilation system for a smoking area is provided. If approved, this ordinance would take effect on April'l, 1998. A motion was made by Council Member Neal, seconded by Council Member Davis, to adopt Ordinance No. 1583 on the second and final reading. A vote was taken on the motion .with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis and Neal None Council Member Sparkman GARBAGE AND TRASH FEES: Consideration was given to the second and fmal reading of Ordinance No. 1584. Mayor Fogler read the caption of Ordinance No. 1584 as follows: AN ORDINANCE RELATING TO GARBAGE AND TRASH AND FEES FOR CITY COLLECTION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1584, in the fo:rm proposedfor adoption, were available in the Council Chambers. . Ordinance No. 1584 sets the special service fee for garbage and trash collection that is picked up on a day that is nota regular collection day. The service fee is $15.00 plus $1.00 for each bag or item. A motion was made by Council Member Nea1, seconded by Council Member Davis, to adopt Ordinance No. 1584 onthe second and fmal reading. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis and Neal None Council Member Sparkman 3 _____~<1I.._.r ----------'------------------:~~ffflrmrr~--.---------- City Council Regular Session, February 23, 1998 ORDINANCE FOR BUILDING-RELATED ACTIVITIES: Consideration was given to the second and final reading of Ordinance No. 1585. Mayor Fogler read the caption of Ordinance No. 1585 as follows: AN ORDINANCE RELATING TO PERMITS AND REGISTRATIONS FOR BUlLDING- RELATED ACTIVITIES; 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. 1585, in the form proposed for adoption, were available in the Council Chambers. Public Works Director Ed MenviUe reported that Ordinance No. 1585 would make administrative amendments to the building and tree ordinances to insure stricter compliance with the subject codes. Previously,.the approach to achieving compliance was to identify the v.iolation and instruct the contractor to make changes within a given period of time. This approach has met with mixed success. Violations related to management of the tree protection standards have been seriously evident. !tis believed that the changes recommended would remedy this deficiency. The proposed amendments involving four different areas of building code activities are: . the issuance of citations for code violations; . the issuance of a master permit, which would be mandatory for all building projects involving at least two or more permits; . permit suspension and revocation relating to all building projects; and . provision for the suspension of a contractor's license to operate in the City. Revenue from citations for violations of existing municipal building rules could be deposited into the Tree Trust or earmarked for other city projects. ' A motion was made by Council Member Starich, seconded by Council Member Davis, to adopt Ordinance No. 1585 on the second and fmal reading as presented. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis and Neal None Council Member. Sparkman 4 --- c------"-~l'ITIfITf~T~Il:J!'f"r-.,.c City Council Regular Session, February 23, 1998 ZONING ORDINANCE AMENDMENT: Consideration was given to the second and final reading of Ordinance No. 1586. Mayor Fogler read the caption of Ordinance No. 1586 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO MODIFY THE FRONT Y ARDREQUIREMENT FOR GARDEN-STYLE, SINGLE-FAMlL Y USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D (pDD-TH1 DISTRICT); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1586, in the form. proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty explained that the proposed change would allow more flexible front yards and front setbacks. It would reduce the minimum front yard to three feet in depth; but only where the yard faces a private street (cantilevered or suspended projections would still be allowed into this yard), and allow the Zoning and Planning Commission to impose building lines on a replat to create variable front setbacks, up to eight feet in depth. A motion was made by Council Member Davis, seconded by Council Member Neal, to adopt Ordinance No. 1586 on"the second and fmal reading. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis and Neal None Council Member Sparkman ORDINANCE DESIGNATING AND NAMING PRIVATE STREET: Consideration was given to the fIrst reading of Ordinance No. 1587. Mayor Fogler read the caption of Ordinance No. 1587 as follows: AN ORDINANCE DESIGNATING AND NAMING A PRIVATE STREET AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1587, in the form. proposed for adoption, were avaihible in the Council 5 ,.~.",<o,-,..'_I..l_'- -.-- ------,.,-,-----:--=""!'!'lImTlIllrHWnlfn"f!' City Council Regular Session, February 23, 1998 ChaIllbers. Mr. Dougherty stated that Ordinance No. 1587 would name two private streets "Westchester Court" and authorize the traffic control officer to place official street name signs at the intersections. A motion was made by Council Member Neal, seconded by Council MembetDavis, to adopt Ordinance No. l587 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: . Mayor Fogler, Council Members Starich, Davis and Neal None Council Member Sparkman EMERGENCY MEDICAL SERVICE ACCOUNT BILLING AND COLLECTION AGREEMENT: Consideration was given to a contract with Municipal Services Bureau, Inc. to provide ambulance fee billing and collection. Fire Chief Terry Stevenson reported that for several years, staff in the Fire Departnlent has been responsible for billing and collection of ambulance service fees. The City would bill the patient for the full amount, leaving insurance or Medicare filing their responsibility. During Fiscal Year 1996, the collection rate was 72%. Beginning in January 1, 1997, as a service to the citizens, the City began taking Medicare assignment, but our collection rate fell to 22%. Medicare reimbursement procedures are slow, complicated and constantly changing, making collection difficult. The City currently contracts with MSB for collection of delinquent accounts, but MSB is not allowed to mediate Medicare claims unless it is an official agent of the City. Ambulance fees to be billed in 1998 are estimated at $75,000. Based on current Municipal Services Bureau collection averages, it is estimated that approximately $37,000 will be collected. MSB would~eceive 11 % of all fees collected. The proposed contract would allow MSB to bill patients for ambulance fees, handle all insurance claims, collect delinquent accounts and act as the City's agent with Medicare. A motion was made by Council Member Starich, seconded by Council Member Davis, to approve a contract with Municipal Services Bureau, Inc. to provide ambulance fee billing and 6 City Council Regular Session, February 23, 1998 collection. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis and Neal None Council Member' Sparkman BID AWARD FOR MUNICIPAL BUILDING RENOVATION: Consideration was given to bids received February 11, 1998 for renovation of the Municipal Building. The following bids were received: Bidder Bid Amount Commodore Construction Corp. Frost Constructors, Inc. Gaskey Construction Corp. General Contractor Services, Inc. Hull & Hull, Inc. L.. Arnold Construction Miner Dederick Constructors, Inc. Moorhouse Construction Co. Paisan Construction Co. Parallax Services, Inc. R.H. Tonetti Construction Co. Stature Commercial Co., Inc. Williams Industries, Inc. $1,727,400 $1,637,200 $1,533,300 $1,778,949 $1,548,500 $2,011,000 $1,855,000 $1,585,000 $1,667,000 $1,779,000 $1;568,000 $1,897,000 $1,638,800 Gaskey Construction Corporation submitted the low bid in the amount of $1,533,300. Mr.. Stevenson reported that the bid documents were reviewed by City staff and by a representative of Ambrose and McEnany, the architects for this project. Ambrose and McEnany also contacted references and interviewed past clients of Gaskey Construction and received favorable reviews. An amount of $1,700,000 was included in the 1998 Budget for this project. 7 .~ I... ~1..'1. r::--I., . . "'LL....II ..~ -'-'IIi&AIr'.- -------~~.".,..,,'f'mrrllflfffFllI~--- City Council Regular Session, February 23; 1998 A motion was made by COUn~ilMemberDavis, seconded by Council Member Neal, to award the contract for municipalbuildirigren6vations to Gaskey Construction Corporation inthe amount of $1,533,300. . A vote was taken on the motion With the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis andNeal None Council Member Sparkman APPOINTNIENTOF ACTING POLICE CIDEF: Consideration was given to the appointment of Lieutenant Gary Brye as Acting Police Chief. City Manager Sh~rman Yehl reported that earlier this year, Stephen Griffith announced his resignation as chief .of police to accept a similar position for the city of San Marcos. His resignation becomes effective March 7, '1998. Mr. Yehlstatedthat after reviewwithseruor staff, including Chief Griffith, it was his desire to appoint Lt.Gary Brye as interimchiefofphlice. Lt. Bryeis>a17-year .veteran ofth~West University PlacePolice Department and served as acting chief in 1996 during the city manager search. Lt. Brye received a BA in Political Science from Texas A&M University and aM.Ain Criminal Justice Administration from Sam Houston University. . Currently, Lt. Btye is responsible for communications, animal control, D.A.R.E., accreditation, andoverseeingthedepartrnent' s budget. A motion was. made by Council MembeiNeal, seconded by Council Member Davis, to accept the City Manager's recommendation to appoint Lt. Gary Bryeas the interim Chief of Police, effective' Match 8, 1998; Avote was taken on the motion with the following reslilt: Voting Aye: . Voting Nay: Absent: MayorFogler, Council Members Starich, Davis and Neal None Council MeIllber Sparkman 8 .,1 1,-,:,;,1,11 ,.,,,hJ.I,I.,JlUII._1 II' , I. ,jlhlllJtl -'.'~OiID~liil~ -'-"-~~~l'ITfflfrnl~-~--------''-C_''--''-'''--'-''-''~-''C~--'-''-- CitY Council Regular Session, February 23, 1998 CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a}Workshop Session conducted on. February 9,1998 (b) Regular Session conducted on February 9, 1998 A motion was made by Council Member Starich, seconded by Council Member Neal, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Voting N'ay: Absent: Mayor .Fogler, Council Members Starich, Davis and Neal None Council Member Sparkman STAFF REPORT: City Manager Sherman Yehl reported that the administration and finance departments were now in their temporary building. Complaints have been made about an odor in the building so the Health Department has been contacted. . COUNCIL COMMENTS: Council Member Starich suggested that a map of the infrastructure improvements currently under construction be added to City Currents. ADJOURNMENT: With no further business to come before the City Council at this time, a motion was made by Council Member Davis, seconded by Council Member Starich, to adjourn. The regular Session adjourned at 8:05p.m. 9 ..J dl, "I "II,") II, , I. ,;Ill I'''. lirlrd.ll1IIlilIllilla.- - -- ---------,-,--,--~rnrrrrrnnITn;rr-.--