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HomeMy WebLinkAbout101110R CC Minutes®rw ( The City of West University Place A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme. Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember 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 special and regular session on Monday, October 11, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:00 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 6:00 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Guffey, and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Police Chief Walker, Finance Director Daugherty, and Fire Chief Ralls. Selection Process for City's Official Newspaper Matters related to the process for designating the City's official newspaper, including but not limited to, the process of requesting proposals, criteria and qualifications in the selection process, and legal requirements in regards to the processes. Mayor Kelly presented and stated because there is no requirement to bid this project, the amount to be spent on publications is less than $50,000 annually, the cost for operation is low, and we have two local papers doing a good job, he feels we should continue splitting our business between the two if they are willing to do it for the same price. Councilmember Segal said he has concerns with the second class mail issue and wants to be sure that both papers satisfy that requirement. City Attorney Petrov said court cases on this subject has found that the requirement is not mandatory. Councilmember Boehme said there is no down side for the City to bid this because more than likely the bids will come in lower than what we are paying now. He said we talked about bidding this out every year so he sees no reason why we shouldn't bid it out. Mayor Kelly said if we do decide to go out for bids, he doesn't feel it is necessary to require the newspapers to submit audits, because it seems to be expensive for the papers to do if they haven't already done one. Councilmember Segal said he feels we should drop the audit requirement. After further discussion, Councilmember Segal moved to authorize staff to go out for bid, without requiring bidders to submit an audit. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. City Council Minutes, October 11, 2010 Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None At 6:15 p.m., Councilmember Segal moved to adjourn the workshop session. Mayor Pro Tern Fry 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 were as follows: CALL TO ORDER: Mayor Kelly called the meeting to order at 6:30 p.m. Council and staff attending the Workshop also attended regular session. Councilmember Segal 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. At 6:32 p.m., Councilmember Segal moved to reconvene the special meeting held earlier in the afternoon. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Mayor Pro Tern Fry moved to authorize the City Manager, Michael Ross, to negotiate interlocal agreements on behalf of the City for the required storm sewer mitigation to effect removal of the restrictor. Councilmember Segal seconded the motion. MOTION PASSED. Councilmember Boehme asked if the intent of the motion is for the city manager to be the spokesman for the Council relative to this issue. Mayor Pro Tern Fry said that isn't part of the motion, but he would agree to it. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None At 6:35 p.m., Mayor Pro Tem Fry moved to adjourn the special meeting. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 2 of 8 City Council Minutes, October 11, 2010 2. 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. College Street residents present to speak regarding drainage on College Street and Poor Farm Ditch. Steven Livingston, 3826 Southwestern, spoke regarding the restrictor. He said this was a big dollar surprise and if there is a late hurricane, there could be tens of millions of dollars worth of damage. He said we shouldn't get into fact finding in order to blame someone, but to do a better job of being citizens. Mr. Livingston also talked about the budget and the $2,000,000 shortfall. He said 30 percent of our take home is debt payment - principal and interest and said if he personally had 30 percent of his take home going toward debt, he would considered himself mismanaged. Dan Krocker, 3835 Marquette, spoke about the restrictor and said that based on our bargaining position with Harris County Flood Control District, we are at their mercy. He said we need to hear strategies, which they are more than capable of comprehending Council's, if any one on Council has any. He said let's discuss our problems and as neighbors we will get through this. Michelle Moore, 3908 Rice Boulevard, spoke to say that she opposes any type of development that resembles the story she read regarding a town center plan for development of a four-story parking garage. She said we don't need that in the middle of our little town, especially when the Village is a few blocks to the east. She said she prefers that the West U Center be kept small. City Manager Ross stated that the Ad Hoc Committee for this project is having brainstorming sessions for any and all ideas, one of which may eventually come to the Zoning and Planning Commission and the City Council. He said whatever the committee brings forward, will only be a recommendation. Todd Emmerton, 3822 Southwestern, spoke about the restrictor and said he is in the lowest point in the City and every time there is a heavy rain, he gets flooded and his insurance premiums have almost quadrupled. He said in 2005 he asked that four drains be installed at the corner of College and Southwestern Street, but only two were installed. He asked that someone please come out and put in two more drains at the corner of College and Southwestern. Jeanne King, 3802 Case Street, spoke about the restrictor and said we have beautiful new buildings, sidewalks, and lights, but if she and others have to swim down their street to get to their homes those things won't help them. She said Council doesn't feel or know their pain. She has lived here for 22 years and loves West U, but said she doesn't feel like she and the people on her street count. She asked Council to please fix the problem. Bob Olson, 3820 Marquette, asked if the restrictor is such a high priority, why has it taken 8 months (since the February 8, 2010 meeting) to get it to this point. He said he would like to see results short of the next 8 months. Rick Behrend, 4137 Riley, spoke about the restrictor. He said it does not flood on the street he lives on because of the drainage ditch, but asked why in the world would we negotiate a project of this magnitude and not have negotiated this on day one. He said this was bad negotiating tactics and wants to know how it got to the point of us being held hostage by the Harris County Flood Control District. 3 of 8 City Council Minutes, October 11, 2010 Tish Albin, 3817 Southwestern, said she called Harris County and was told they were conducting an inner study and was not expecting for it to be complete until the end of the year and asked how that comes into play with our timeline. City Manager Ross said West U doesn't have the power to install detention on our own and that we depend on downstream entities, such as the Flood Control District, the County, and partially the City of Houston. He said he spoke with the Executive Director of Flood Control, Mike Talbott, and there is no question that we are very hopeful that this is nearing the end. He said everything is done, but it just has to be restricted until the allocation of detention occurs, which is at the top of the agenda for both the City and the Harris County Flood Control District. Councilmember Segal said he thinks the best thing residents can do is stand down. He said at the time the project was started we were able to get financing through Metro and other sources with the understanding that a restrictor would go in if we hadn't resolved the detention issue. He said this is not something we missed during negotiations, but rather it was a requirement in starting and doing the project timely. Councilmember Gulley pointed out that West U is not the only one in Harris County with this problem. He said there are a lot of cities that have restrictors installed for the same reason. He said this restrictor was put in because some people want to protect neighbors that live downstream from us and we want to be sure that we are not creating a problem for someone else when we remove it. Councilmember Boehme said we should do all we can to keep our homes from flooding and that Council understands the frustration. He said Council is also frustrated, mainly because we can't make the decisions. He said what we can do is get involved, negotiate, and restate our position, which is what we are doing. He said we don't need to point fingers, because we need financial and logistical help from the County. Mayor Kelly said this issue was on his agenda when he ran three years ago and knows that this needs to be done. He said the City has tried virtually every technique in our power and has been successful at getting it to this point. He said the cost to the City has been minimal compared to the total cost of the project. He said due to recent events he is encouraged that we are back on track and asked the residents to be a little bit more patient and give the City a little bit more time. Fred Schuller, 6608 Vanderbilt, expressed outrage in the proposal to increase taxes. He said we are faced with a tax increase because Council wasn't willing to look at the reality of the situation and make the hard decisions. He said Council needs start acting more like the private section and figure out a way to cut expenses. John Sieber, 3621 Georgetown, spoke regarding Tiny Boxwood's and said he is not necessarily opposed to the restaurant in the old JMH building, but objects to the outdoor seating, because it is in the mist of dwellings and will be occupied for at least three hours after the residential quiet hours. He said he has looked at the Code (Section 54-39, Article ll) and doesn't understand how the Tiny Boxwood's restaurant outdoor seating can comply. Stan Smith, 3702 Georgetown, also spoke about Tiny Boxwood's and said the noise from outside seating can go on until 10 or 11:00 at night. He said he sees a transition of West U coming from a place to raise a family to a profit making corporation. He asked City Council to be sensitive to resident's need for peace and quiet. 4of8 City Council Minutes, October 11, 2010 Nancy Gilbertson, 3901 Rice, said Council needs to be less complacent and more transparent and said there needs to be a lot more detail available on the budget. She also said we need to avoid wasting money on nonsense projects and spending money that we don't need to be spending. 3. Public Hearing on the 2011 Budget Matters related a Public Hearing regarding the proposed 2011 City Budget. Mayor Kelly opened the Public Hearing at 7:45 p.m. After Finance Director Daugherty gave her presentation, comments from the public were heard Bill Treadway, 4016 Amherst, asked how this hearing could be effective since the Budget wasn't posted in detail before being presented. He said if we are required to have open meetings, then the public needs to have access to the data on which to comment. Mr. Treadway said he sees a lot of avoidable expenses and personally thinks we should redo the budget. Several comments were made about the Budget not being on the internet. Finance Director responded that the entire Budget reviewed by Council is on the internet and she walked them through on how to find it and what to look for regarding departmental and other information. Mayor Kelly informed residents that they can obtain a copy of the Budget from the City Secretary. Suggestions were made from the audience on how to cut costs, including cutting the parks and recreation budget and the proposed 3% raise for employees. Mayor Kelly pointed out that a significant cut was made to employee benefits by taking away the Cost of Living Adjustment (COLA) for retirees, which reduces the City's unfunded liability from $12,000,000 to $7,000,000 (note: actual numbers are from $12.9 million to $5.8 million as noted in the revision to the September 28, 2010 Minutes on Page 7 of these Minutes). He said this allowed Council to lower the projected tax rate and give an average 3% pay raise to employees. Mayor Kelly said Council spent a lot of time going over the Budget and looked for things that could be cut and said before the Budget was received by Council staff had already made substantial cuts. Councilmember Segal said he is on the TMRS Advisory Board and stated that the City does not control the terms of the pension plan. He said we have certain options and we elected to eliminate the COLA for retirees and future retirees. He said by doing so, it allowed us to pay our current obligations so that we can stay current with what employees are earning. Councilmember Boehme spoke regarding the comment about cutting the parks and recreation budget. He stated that we have an interesting situation with our parks, because we basically don't have to subsidize them. He said our parks pay for themselves, which is almost unheard of in a City. He said if there is somewhere to cut, it's not in our parks and recreation budget, because they are self-sufficient. When asked if Council can say that there is nothing else to cut in this budget, Mayor Kelly responded that he feels that they have given it their best shot and that the consensus of the Council, considering the standard of living and services that residents of the City of West University Place want and demand, he thinks Council came up with a very reasonable budget. He said something can always be cut from a budget, but you have to be reasonable and consider the City when doing so. Councilmember Segal stated that he can't say that Council has cut everything it can cut, but he will say he believes they have cut everything that is not significant in the overall budget. 5of8 City Council Minutes, October 11, 2010 Councilmember Boehme agreed with Mayor Kelly in that the residents of West U moved here expecting certain things and we are expected to provide those things. He said we have cut the budget so that it is as efficient as it can be while providing the services that West U residents want, but said he is still open to hearing specific additional cuts. He said we could have this Budget so lean that a lot of people would move out of West U because it wouldn't be West U anymore. He said if we do that, then we are not doing our jobs. Councilmember Segal moved to leave the public hearing on the Budget open for continued discussion at the October 18, 2010 special meeting, when the second public hearing on the tax rate will also be held. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 4. Public Hearing on Tax Increase Matters related to a Public Hearing on the City's proposed tax increase. Mayor Kelly opened the public hearing at 8:31 p.m., and Finance Director Daugherty gave her presentation. She explained that this is the first tax rate increase in 8 years and said the minimum tax increase under consideration is 4.56. She said the rate needed to support this budget is .81 percent tax revenue increase over the prior year and the final rate will be set by ordinance on October 25, 2010. After Finance Director Daugherty gave her presentation, comments from the public were heard. Fred Schiller, 6608 Vanderbilt, said he feels that residents are wasting their time because it seems Council has already made up their minds. Mayor Kelly and Council said residents are not wasting their time and the hearing on the Budget has been kept open so that Council can continue to hear suggestions and comments from the public. Councilmember Boehme said he has specifically asked for residents to review the budget and email him and he will be happy to discuss any suggestions. He said Council's job is to balance the interests of the City and its residents and said West U residents as a whole doesn't want us to lower the quality of our employees, cut our parks, and cut our seniors program. Mayor Kelly closed the public hearing on the tax rate at 8:44 p.m 5. City Hall Foundation and Stairwell Matters related to city hall foundation and stairwell repairs. Assistant City Manager/Public Works Director Peifer presented and said it was noticed 6 weeks ago that there was settling in City Hall and at the same time there has been a separation of the stairwell to the second floor of the Fire Department. Mr. Peifer said staff is requesting Council to approve a contract with Du-West and authorize the City Manager to negotiate a contract to repair the foundation and stairwell within the set budget parameters. Councilmember Segal moved that Council adopt the recommendation that the City Manager be authorized to enter into a contract with Du-West Foundation Repair in the amount of $53,000, as well 6 of 8 City Council Minutes, October 11, 2010 as, authorize repairs to the eastside stairwell in an amount not to exceed $30,000. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 6. 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 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 special meeting Minutes of September 25, 2010, regular meeting minutes of September 27, 2010, and special meeting minutes of September 28, 2010 B. Interlocal Agreement with Harris County Matters related to authorizing the city manager to enter into an Interlocal Agreement with Harris County. C. Resolution Appointing Member to Friends of West U Parks Fund Matters related to a resolution appointing Katie Hill to the FWUPF. Councilmember Segal requested that the Minutes be removed from the Consent Agenda for discussion. Mayor Pro Tem Fry moved to approve Consent Agenda items B and C. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Councilmember Segal had a revision to the September 28, 2010, Minutes. He wanted to clarify the mayor's statement on page 2 where it states "unfunded liability was reduced from $12.9 million to $5.8 million." He said though it's what the mayor said it was not what he meant; so, in order not to rewrite the minutes he would like add "correction: the actual reduction is from $12.9 million to 8 million, which is a reduction of $5.5 million" in parentheses. Mayor Kelly confirmed the correction. Mayor Pro Tem Fry moved to approve the September 28, 2010 Minutes as amended by Councilmember Segal. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None With no other business before the Council, Mayor Pro Tern Fry moved to adjourn the regular meeting at 8:55 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal 7 of 8 City Council Minutes, October 11, 2010 Noes: None Absent: None a/ w T~hQNna R. Lenz, City Secretary U Date Approved: U 8of8