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HomeMy WebLinkAbout072610R CC MinP The City PA Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Gulley, Councilmember of West University Place STAFF Michael Ross, 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, July 26, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:00 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 5:02 p.m. Also in attendance were: Mayor Pro Tem Fry, Councilmembers Boehme, Guffey, and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Public Works Director/ACM Peifer, Police Chief Walker, Fire Chief Ralls, Human Resources/Risk Director Standorf, Finance Director Daugherty, and Parks and Recreation Director O'Connor. Mayor Kelly took the workshop items out of order beginning with Item 5, then 2, 3, 4 and 1. 1. Real Estate Matters related to the property located at 3816 University and properties owned by the West University Baptist Church. Councilmember Boehme returned to the table at 6:34 p.m. (after discussion of Item 4) City Manager Ross presented and said staff is requesting that Council include the estimated cost of these properties in the notice of intention to issue combination tax and revenue certificates of obligation. Mayor Pro Tern Fry confirmed with Mr. Ross that an action item to consider approval is on the regular agenda. City Manager Ross said if the full amount is approved, we will at least have a budget in case Council decides to purchase the properties and the owners decide to sell. 2. Prior Non-Conforming Status and Parking Matters related to the City's prior non-conforming status and parking ordinances. Assistant City Manager/Public Works Director Peifer presented this item. He said the two things being proposed that were taken before the ZPC are (1) putting a stop to perpetual prior non-conformance and (2) redefining some of the definitions in the ordinance. City Council Minutes, July 26, 2010 Councilmember Boehme said he is happy with how staff has responded to the Commission's concerns and thinks the result is an extremely narrow interim change which closes up what was certainly a long unintended consequence. Mayor Kelly said it seems that the major change is adding item (f) to the ordinance, change of use, which states that a nonconforming commercial use loses PNC status if changed to another commercial use. To which Councilmember Segal added "once the use is defined." City Attorney Petrov stated the theory of zoning is that eventually all properties will come into conformance with the zoning laws. He said PNC status is to allow somebody who has a nonconforming property or structure to continue to exist for the life of that structure; but, the theory is that the next person that comes in or if there are modifications to the structure, the next use would have to be in conformance. Zoning and Planning Commission Chair Steven Brown stated that with this proposal we need to be sure we have a sound principle for what we do, that we have clear wording that will make common sense, and that we avoid setting up an unintended consequence that we will regret. City Manager Ross stated that staff is still working with ZPC to have the proposed ordinance approved by Council in this calendar year. 3. Basements/Subterranean Structures Matters related to basements / subterranean reevaluating regulations. structures, including assessing the direction and Zoning and Planning Commission Chair Steve Brown and Building and Standards Commission Chair Bryant Slimp presented this item. ZPC Chair Brown stated that the ZPC and the BSC have concluded that basements should not be permitted in West U, but regulations should allow certain partially below grade structures, which are essential to above grade functions. He said their conclusion is based primarily on the observations before the BSC and three structural engineers who specialize in foundation construction in this area. He further stated that insurance, neighbor, community, and legal concerns also all argue against basements. ZPC Chair Brown said the ZPC always try to balance private property interests with community interest and thinks that this is one where private property interest has to yield a little bit to the community interest and, therefore, their choice is to recommend a general prohibition on future construction of basements. He said this will make it a uniform rule throughout the community because about a third of the community is in the 100-year flood plain and is already effectively prohibited by FEMA from having basement construction. ZPC Chair Brown said what the BSC and ZPC originally recommended was that we either prohibit basements or we work out something that might be able to allow them with tight regulations. He said, however, they worked and worked with this and were unable to come up with a recommendation allowing them with tight regulations so now they are recommending that Council request the development of a simpler set of regulations that will effectively prohibit basements. Laura Lankford, member of the BSC, spoke to say that it is her opinion that it should be the property owner's choice to take on the additional risk and cost. She said all the engineers said they didn't recommend construction of basements, but they said they were feasible. She said FEMA also didn't recommend them, but also said they were feasible. Ms. Lankford suggested strict regulations and ordinances to protect first responders and neighboring property owners. 2 of 10 City Council Minutes, July 26, 2010 Councilmember Boehme said he shares the property rights concern, but we have to remember that the people next door have property rights, too. Councilmember Segal said if we have rules to allow this, then we would have to involve a lot of staff time to enforce the rules. Councilmember Guffey asked if somebody really wanted a small wine cellar could they come in and ask for a variance. BSC Chair Slimp stated that the ordinance hasn't been drafted yet, but said they could draft an ordinance to allow for such variances that can be evaluated on a case by case basis. ZPC Chair Brown said what they propose is that whatever Council asks them to do, they are allowed enough flexibility for things like elevator wells or other logical uses. He said these things would require careful review. 4. Alcohol Consumption & Sales at Municipal Facilities Matters related to the August 2010 Harris County Mayors and Councils Association meeting at the Recreation Center and discussion in general on the possible alcohol consumption and sales at Municipal Facilities. As President of the Harris County Mayors and Council Association (HCMCA), Mayor Pro Tern Fry provided some background. Mayor Pro Tem Fry said City Manager Ross found a donor that will donate the cost of the food and alcohol, which will also save the HCMCA money. Councilmember Segal asked about the City's policy of not having food and drinks permitted in the Recreation Center and said he is concerned about the City purchasing a floor covering. City Manager Ross said the purchase of a floor covering has always been in the plans and the budget and said it will be installed prior to this event. He said the floor covering is absolutely necessary for any type of event, including a Town Hall meeting. Councilmember Guffey said having this event at our facility will be a benefit to the City because the organization includes cities throughout Harris County. Mayor Kelly said to his knowledge there has never been alcohol sold or served on City property, which was officially approved by City Council. City Attorney Petrov said other cities have authorized waivers similar to this request. He said Bellaire has an ordinance that prohibits alcohol in its parks and municipal facilities, but they have hosted events in their facilities and the Council approved waivers for those events on the basis that there was good will generated for the City. Mayor Kelly said there are two ways to handle this - one is to repeal the ordinance and the other is to grant an exception to the ordinance. City Attorney Petrov agreed. Mayor Kelly suggested not repealing the ordinance and approving a waiver to see how the event is handled for possible future events. 3of10 City Council Minutes, July 26, 2010 City Manager Ross said tonight staff is only requesting approval of a waiver to serve or sell alcohol at the HCMCA August 19 event. He said if Council wishes, we can discuss the bigger picture of repealing the ordinance at a future meeting. Councilmember Segal asked if alcohol would be sold as the agenda item states. City Manager Ross said at the time the agenda item was prepared it wasn't known if there would be a cash bar. Councilmember Segal said he prefers the alcohol be legally sold rather than to give it away and asked what would be the City's liability. City Attorney Petrov said the caterer would have to have a liquor license to serve alcohol and City Manager Ross said there would be an insurance policy in place to protect the City. Mayor Kelly asked about the caterer. City Manager Ross said we were initially looking at our current concessionaire, Edloe Deli & Cafe, to provide the caterer services, but staff will proceed however Council would like. Councilmember Boehme left the room at 6:12 p.m. Mayor Kelly asked E.I. Thomas with Edloe Deli & Cafe' to come to the table. Mayor Kelly said since the selection of Edloe Deli & Cafe as the concessionaire at Colonial Park Pool, this has been the first function the City is putting on and he thinks the City should be requesting bids from other merchants to see if they would want to cater this event. Mayor Kelly said he doesn't think it was the intent that Edloe Deli would be the City concessionaire for every City event held in West U. He said the 28 percent of gross sales the City receives from concessions is attractive, but said there might be other companies that would give us the same break. City Manager Ross said he feels that we have a concessionaire and that if that concessionaire can provide the food and beverages and they are a logical fit, we would look at them first. Mayor Kelly reiterated that Edloe Deli was granted a concessionary contract for the pool, not the entire City of West U. Mayor Kelly said he perceives the City Manager as saying that Edloe Deli is the sole concessionaire for all events at the City of West U. City Manager Ross said he never said Edloe was the sole concessionaire for the City and said he would use Edloe Deli, as our concessionaire for the pool, if they are the best choice for each event. City Manager Ross asked whether we were trying to stay with local businesses or should we solicit from Houston, Bellaire, and other cities, too. Mayor Kelly said his understanding is, yes, if they would do it for the 28 percent or better. City Manager Ross said we may be hung up on the 28 percent too much. He said he is more hung up with getting the proper food caterer for that evening so that it is a successful event. He said if the 28 percent applies because it's under our contract, that's a bonus. Mayor Kelly said his issue with this is that staff went only to Edloe without seeking other bids. He said we are not legally required due to the size of the event, but he is just concerned how it will be perceived by residents. 4 of 10 City Council Minutes, July 26, 2010 Councilmember Segal he doesn't believe that someone else would be willing to give up 28 percent of the gross sales. He also said he doesn't think someone else would have a special interest in getting it done right and he thinks a mountain is being made out of mole hill. City Manager Ross said cities usually use their concessionaire if they can provide the service, but if we don't want to do that he'll do what Council wishes. Mayor Kelly said whoever is going to do the donation needs to be advised that we will be receiving 28 percent of the gross sales in case they decide to use their own person. City Manager Ross said Edloe Deli is more than willing to discount the entire event by 28 percent in lieu of the 28 percent of gross sales. Mayor Kelly said he feels more comfortable with that. City Manager Ross said he thought the issue was more of a councilmember's business providing the service more than the 28 percent. Councilmember Segal said he thinks the City deserves the 28 percent for the use of our facility. He said they will be using our facility and the 28 percent can go towards clean up and other expenses. E.I. Thomas spoke and said they are happy to do whatever makes Council happy. He said when selecting a caterer, you just have to be sure you compare apples with apples because there could be a huge difference in the price for the product you get. City Manager Ross asked if Council wants staff to broaden the use of businesses outside the City limits or favor local businesses. Mayor Kelly said that's another issue and just suggests that we receive informal bids for events in the future. Mayor Kelly reiterated that he wants to be sure that the 28 percent is disclosed to the donor. City Manger Ross said okay, but pointed out that this is a donation to the Harris County Mayors and Council Association, not a donation to the City. 5. Matters related the City of West University Place Employee Benefits Trust and Employee Group Health Benefits. HR Director Wendy Standorf and Consultant Bob Treacy presented this item. Ms. Standorf said after going through the RFP process, our current carrier Aetna was the lowest bidder, who came in within the budgeted amount for this year. She said staff proposes to maintain the same contribution levels for employees, which also falls within what was budgeted. Ms. Standorf said this year we plan to tie in our Wellness Program with the cost of health premiums and so we're asking employees to participate by completing the biometrics screening and the Self Help Assessment. She said if employees participate in these activities, the City will continue to pay 100 percent of their premiums, but if they do not participate, they will be responsible for $80 per month for their premiums. Councilmember Segal asked if the employees take the assessment, is that all they have to do or is there follow-up involved. HR Director Standorf said as it currently stands, once the employees take the assessment that's all they need to do. 5 of 10 City Council Minutes, July 26, 2010 Mr. Treacy said eventually we will begin taking it a step further in the plan and begin measuring results and making employees accountable. Mr. Treacy provided background information as to reasons for the increase in rates and answered questions from Council in relation to the subject. Mr. Treacy said the plan is to increase the co-pays and emergency room visits to try and keep payroll premiums where they are. City Manager Ross pointed out that the increase in co-pays and emergency room visits also enabled us to reduce the rate increase from 19 percent to 16 percent. Mr. Treacy made note that we are also getting impacted by the Healthcare Reform. He said without the reform, our rate would have been approximately 3 percent less. Mr. Treacy said considering the trend is 12 to 15 points, and with the claims we had this year, this is not a bad renewal rate. He also pointed out that last year we actually dropped the rates by 21 percent, so in the last two years, we actually seen the rates dropped. In response to a question by Councilmember Segal, HR Director Standorf confirmed that the employee contribution for employees only will remain the same at $0, as well as for retirees, unless they prefer to "buy up" to a more expensive plan. She also confirmed that the 16 percent rate increase will not impact dependent coverage for active employees, but will impact retired employee contribution for dependent coverage. Mayor Pro Tern Fry moved to adjourn the Workshop session at 6:36 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows: CALL TO ORDER: Mayor Kelly called the meeting to order at 6:45 p.m. Council and staff attending workshop also attended regular session. Councilmember Guffey led the Pledge of Allegiance and Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. Call to Order Pledge of Allegiance Pledge to the Texas Flag Notice: Matters related to the notice of this meeting 6of10 City Council Minutes, July 26, 2010 Mayor Pro Tern Fry moved to recess the regular meeting at 6:46 p.m. and to convene into a special meeting of the City of West University Place Employee Benefits Trust. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None After adjourning the Employee Benefits Trust meeting, Councilmember Segal moved to reconvene the Regular Meeting at 6:52 p.m. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None 6. Employee Health Insurance Consideration and action on authorizing the transfer of funds from the City of West University Place to the City of West University Place Employee Benefits Trust to pay for employee-related benefits. Human Resources Director Standorf presented and recommended that Council authorize continued transfer of funds on a monthly basis from the City of West University Place to the City of West University Place Employee Benefits Trust beginning with the September 2010 contribution. Councilmember Segal so moved. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 7. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing once the hearing has been closed. No public comments. 8. Emergency Access and Fence-like Hedges Matters related to Chapter 18 of the Zoning Ordinance regarding fences and fence-like hedges; including consideration of an ordinance on the first of two readings. City Planner Scarcella and ZPC Chair Brown presented this item Ms. Scarcella said two public hearings have been held regarding this issue, the last one being on December 2009. She reminded Council that it is a three part proposal: (1) Emergency portals; (2) fence-like hedges; and (3) conform and simplify existing definitions to the ordinance and put them in one area. Ms. Scarcella said it is being recommended to approve the ordinance on the first of two readings. Councilmember Boehme said he thinks this is good public policy that has evolved into something that makes sense. He also said we need to address what to do about the homeowners that followed the 7 of 10 City Council Minutes, July 26, 2010 laws that existed. He said he would hope that we could grandfather those existing uses consistent within the provisions of the law. Councilmember Segal said we can approve the proposed ordinance and use the variance process to grant extensions. Councilmember Boehme said that the cost associated with a variance would be too punitive. In response to Mayor Kelly's question, Ms. Scarcella confirmed that the ordinance would allow for residents until 2014 to reduce their hedges to 3 feet. ZPC Chair Brown said the proposed ordinance will allow somebody to plant a 3-foot high hedge as long as it kept trimmed to no more than 36 inches in height. He said those people that have hedges higher than 36 inches, after December 1, 2014, will have to trim them to 36 inches to be in compliance. Councilmember Segal moved to adopt the ordinance amending the Zoning Ordinance of the Code of Ordinances of the City of West University Place, Texas, regarding fences, visibility, and emergency access and containing findings and other provisions relating to the subject. Councilmember Guffey seconded the motion. Councilmember Boehme moved to extend the grandfather provision from 5 years from the public hearing date (December 1, 2014) to 10 years from the public hearing date (December 1, 2019). Councilmember Guffey seconded the motion. ZPC Chair Steve Chair pointed that the actual public hearing date was on December 14, 2009, but it is being requested to go with the December 1 date. Mayor Kelly said he doesn't like the 10 year extension because hedges will only get bigger and when the time comes when people have to cut them down it will be more extensive. He also said the longer they are there the more people will get use to them being there. At this time, a vote was made to the amended motion by Councilmember Boehme and second by Councilmember Guffey. MOTION FAILED. Ayes: Boehme, Guffey Noes: Kelly, Fry, Segal Absent: None At this time a vote was made on the original motion by Councilmember Segal and second by Councilmember Guffey. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 9. Notice of Intent to Issue Certificates of Obligation Matters related to adopting a resolution authorizing the City's Notice of Intent to issue Certificates of Obligation. John Robuck with RBC Capital Markets, presented. He said the only action tonight is to approve a resolution to publish a notice to residents that we are going to issue Certificates of Obligations. He reviewed the Certificates and Refunding Bonds and the schedule of events. 8 of 10 City Council Minutes, July 26, 2010 Mayor Kelly noted that at the advice of City Attorney Petrov, the wording "and acquiring land for same" be added in the first "Whereas" paragraph of the resolution. Councilmember Segal moved to approve a resolution directing the publication of Notice of Intention to issue Combination Tax and Revenue Certificates of Obligations as so amended. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 10. Matters related to adoption of a resolution granting a temporary waiver to allow the consumption and sales of alcohol at the Harris County Mayors and Councils Association event to be held at a City's Recreational Facility on August 19, 2010. City Manager Ross presented and stated that, as discussed in the workshop, this is the resolution granting a waiver to allow for alcohol to be served or sold on August 19 for Harris County Mayors and Councils Association event to be held at the City's Recreation Center. Mayor Pro Tem Fry moved to approve the waiver for alcoholic beverage consumption at the Recreation Center on August 19, 2010 for the Harris County Mayors and Councils Association dinner. Councilmember Guffey seconded the motion. Ayes: Kelly, Fry, Guffey Noes: Segal Abstain: Boehme 11. Janitorial Services for Municipal Facilities Matters related to awarding a contract to GCA Services Group for janitorial services for all Municipal facilities. ACM/Public Works Director Peifer presented. He said staff solicited bids with the new facilities included. Mr. Peifer said the contract will only continue each year if Council approves the funds in the budget. He said for the first year, the small incremental increase will be absorbed with what is in the operating budget. Mr. Peifer said we are not recommending the low bidder, which is our present operating company. He said due to the experience with this company, they were disqualified. Councilmember Segal moved to approve the janitorial services agreement for all City facilities to GCA Services Group as presented. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 12. 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 9of10 City Council Minutes, July 26, 2010 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 regular meeting minutes of July 12, 2010. B. Wakeforest Water Plant Rehabilitation Matters related to the acceptance of the rehabilitation. improvements to the Wakeforest Water Plant C. CenterPoint Houston Rate Case Proceedings Matters related to a resolution in support of and to participate in the Houston Coalition of Cities in the CenterPoint Energy Houston Electric, LLC Rate Case Proceeding. D. Recreation Center and Colonial Park Facility Final Acceptance Matters related to the acceptance of improvements to the Recreation Center and Colonial Park projects. E. Delinquent Tax Collection Matters related to approving a resolution authorizing a contract for the collection of delinquent taxes. Mayor Pro Tern Fry moved to present the Consent Agenda as presented. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 13. Reports by Council/Staff No reports by Council/Staff With no other business before the Council, Mayor Pro Tern Fry moved to adjourn the meeting at 7:40 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Meeting Adjourned. A. Lenz, City Secretary e~ ,Nr~BT UN/~,~9d1 f. ~ w e _ a Date Approved: I v I 10 of 10