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HomeMy WebLinkAbout121310R CC MinThe City A Neighborhood City 6 d' 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, December 13, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:30 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 5:30 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme and Segal, City Manager Ross, and City Secretary Lenz. Councilmember Guffey was absent. Mayor Pro Tern Fry moved to recess the open meeting and convene into Executive Session in accordance with Section 551.074 of the Texas Government Code. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey The following items were discussed. 1. City Manager Evaluation Matters related to evaluation of the City Manager. 2. City Secretary Evaluation Matters related to evaluation of the City Secretary. City Secretary Lenz left the room while Council evaluated City Manager Ross. At 6:05 p.m., City Manager Ross left the room after his evaluation and City Secretary Lenz returned to the room for her evaluation by Council. At 6:10 p.m., Mayor Pro Tern Fry moved to close the Executive Session and reconvene into open session. Councilmember Boehme seconded the motion. MOTION PASSED. of West University Place Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey City Council Minutes, December 13, 2010 No action taken at this time. 3. Consultation with City Attorney Matters related to consultation with the City Attorney to seek advice regarding pending or contemplated litigation. At 6:10 p.m., Mayor Pro Tern Fry moved to close the open session and reconvene into Executive Session in accordance with Section 551.071 of the Texas Government Code. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Attending this executive session were Mayor Kelly, Mayor Pro Tern Fry, Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov and Police Chief Ken Walker. At 6:28 p.m., Councilmember Segal moved to close the Executive Session. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 4. Convene into Open Session and Take Any Desired Action At 6:28 p.m., Mayor Pro Tern Fry moved to reconvene into open session. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guff ey Action was taken on items 1 and 2. Mayor Pro Tern Fry moved to approve a 3% raise for City Manager Ross and that it become effective as of August 2, 2010, and that it be calculated in accordance with the terms of his contract. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Councilmember Boehme moved to approve a 3% raise for City Secretary Lenz. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 2 of 7 City Council Minutes, December 13, 2010 Councilmember Boehme moved to approve the payout of 80 hours of vacation pay for City Manager Ross. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 4. Adiourn With no other business, Mayor Pro Tern Fry moved to close the special meeting at 6:31 p.m. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 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 6:35 p.m. Also in attendance were: Mayor Pro Tem Fry, Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, ACM/Public Works Director Peifer, Police Chief Walker, and IT Director McFarland. Councilmember Guffey was absent. Junior Assistant Scout Master Daniel Van Arkel-Priest, Troop #55, led the Pledge of Allegiance and Pledge to the Texas Flag. City Secretary Lenz confirmed that Notice of the special and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. 5. Public Comments There were no comments from the public. 6. Consent Agenda Designating Official Newspaper Matters related to designating the City's official newspaper including adoption of an ordinance. City Manager Ross presented and stated that staff solicited competitive bids and received bids from the West U Examiner and the Village News, with the West U Examiner being the low bidder with a rate of .30 per word versus the Village News at .50 per word. As staff recommended, Councilmember Segal moved to approve on the first of two readings the ordinance naming the West U Examiner as the City's official newspaper at the rate of .30 per word. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 3of7 City Council Minutes, December 13, 2010 7. Memorandum of Understanding Matters related to a Memorandum of Understanding between the City of West University Place and Tri-Sports. Parks and Recreation O'Connor presented this item. He said the proposed MOU is for the period beginning January 11, 2011 through December 31, 2011 and is identical to the MOU that is currently in place through the end of this month, with a couple exceptions: the dates have been changed to reflect 2011 and there has been a change in the permitted use portion of the permit, which identifies known dates that the City preserves the right for use of the West U Recreation Center Athletic Grounds. He said all the dates have been approved by the Tri- Sports Board. Mr. O'Connor said all the dates have been approved by the Tri-Sports Board and said the $80,000 required expenditure has been budgeted and is available. Mayor Pro Tern Fry moved to approve the Memorandum of Understanding with Tri-Sports. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 8. West U Recreation Center Matters related to noise from the mechanical equipment at the West U Recreation Center, including discussion regarding any improvements and associated costs. This item was pulled from the agenda. 9. 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 minutes of December 6, 2010. B. Municipal Setting Designation Matters related to an application for Municipal Setting Designation for 1212 Milby and 3503- 3719 Polk Streets, including adoption of a resolution in support. Councilmember Segal moved to adopt the Consent Agenda as presented. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 10. Matters related to City concessions at Colonial Park and the catering of City events. 4of7 City Council Minutes, December 13, 2010 City Manager Ross presented this item and said if there are significant changes to the existing contract we have with the existing concessionaire, his recommendation would be that Council direct staff to rebid the services so that everybody can have the chance to bid on new contractual terms. Councilmember Segal said as a matter of vote, he would not want to amend the existing contract and thinks the services should be rebid and go through the bid process and let the parties who want to bid do so. Councilmember Boehme agreed. When asked by City Manager Ross the legalities of amending the contract versus rebidding, City Attorney Petrov stated that while the contract can be assigned, if the terms of contract change it would need to be rebid, because you would be amending the contract rather than assigning the same contract. Parks and Recreation Board Chair Russ Schulze spoke to say that the Board is requesting guidance as to where Council wants to go with the concessionaire contract. He said as a result of at least 20-30 man hours up to this point, the Board has concluded that the best they can do is give Council a general recommendation next month in terms of parameters. Mr. Schulze pointed out that Edloe Deli put about $30,000 worth of equipment into the use of concessions, so whoever is selected as the vendor will probably have to be ready to have a similar commitment. He also stated that the contract with Edloe that gave the City back 28 percent was very lucrative and a new vendor will probably be in the range of 8 to 12 percent. He said they will expand on the guidance from Council and look forward to reporting back in January. In response to Councilmember Segal's question as to what the Parks Board plans to report in January other than what was just reported, Mr. Schulze said they plan to focus on specific points and parameters such as issues regarding the quality of the food and having adult managers on site as opposed to teenagers, and other precise points such as this. Councilmember Segal said we know that the last contract was extremely lucrative to the City and we don't expect anyone to duplicate that, so he suggested converting the money the City receives into gross revenue and suggested having in the Request for Proposal (RFP) that the vendor would give the City "x" percent of gross for the first "x" amount revenue, which every vendor can determine for itself. He said over that specific amount, if they cover their fixed costs, the City might get a little more. Mr. Schulze said another thing to consider is making sure the vendors will be able to cover necessary costs for staff, etc., during rainy days. He said all of these things need to be explored and the Parks Board will look into everything and advise Council and then staff can take over to incorporate the RFP. Mayor Pro Tem Fry said he thinks the Parks Board is on the right track and what he wants the Parks Board to find out is what residents want. Councilmember Boehme said he thinks we need to aggressively court vendors, because he thinks it will be very difficult to get people to bid because of the desirability of the situation. He said if Council or the Parks Board identifies a vendor who will be a good desirable vendor, we should seek them out and invite them to bid. 5of7 City Council Minutes, December 13, 2010 City Manager Ross said the proximity to Colonial Park will be important since there is no kitchen at the facility. He said staff will probably take a radius at some distance to make sure every restaurant within a certain radius gets an invitation to bid. Councilmember Boehme said two factors that will be unattractive for bidders are there is no kitchen (with no ability to put a kitchen in) and having to purchase equipment. Mr. Schulze said another issue is the quality of food. He said a hamburger is not a hamburger and a hot dog is not a hot dog. In response to City Manager's Ross question to City Attorney Petrov as to whether this type of thing is legally required to be bid or proposed, City Attorney Petrov responded that if it is going to be a contract that is expected to generate more than $50,000 for the City, it will need to be bid. City Manager Ross stated that it would not generate that amount, because it didn't come close to that amount with the City receiving 28 percent. Councilmember Boehme said it is important to encourage people to bid and we need to inform them upfront that there is no kitchen and that they will have to purchase equipment. Mayor Kelly said he doesn't think we need to completely reinvent the wheel and that we should contact other local or state municipalities that are providing a food service at the pool and, if so, we need to ask them what they have found does or doesn't work. Mayor Kelly said we can get into the details of what is required during drafting of the RFP. He said the Parks Board need to focus on what the people want and work with staff on what will work from the standpoint of a food supplier. Councilmember Segal said we need to let vendors bid their menus, because that is their comfort zone. Mr. O'Connor pointed out that something important to the residents is the right for them to still bring in their coolers and own food and he thinks that could be a deal breaker for potential bidders. He said if we want to allow residents to continue bringing in their coolers and food, we need to indicate this in the RFP. Councilmembers Boehme and Segal agreed that people should be able to bring in their own food and coolers and agreed that it should go in the RFP. City Manager Ross suggested having a catering component of the RFP that we didn't have last time. Mr. Schulze said the Parks Board will bring forth specific guidelines at the second meeting in January. Councilmember Boehme said keep in mind that every time we put another restriction into the RFP, we will limit its appeal to potential bidders. He said we need to be flexible. As requested by Council, City Manager Ross said staff will work on redlining the RFP from last year and bring forth a rough draft of the proposed RFP at the January 10, 2011 meeting. 11. Reports by Council/Staff 6of7 City Council Minutes, December 13, 2010 No reports. With no other business before Council, Mayor Pro Tern Fry moved to adjourn the meeting at 7:10 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal 5t UN1YF9 Noes: None fig, Absent: Guffey O q t djourned. 1'lus A. Lenz, Date Approved: o 7 of 7