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HomeMy WebLinkAbout072715 CC MinThe City of West University Place A Neighborhood City CITY COUNCIL Susan Sample, Mayor Bob Kelly, Mayor Pro Tem Burt Ballanfant, Councilmember Brennan Reilly, Councilmember Mardi Turner, 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 a regular meeting on Monday, July 27, 2015, in the Municipal Building, 3800 University, West University Place, Texas beginning at 6:30 p.m. Call to Order. Mayor Sample called the meeting to order at 6:30 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tern Kelly, Councilmember Turner, City Manager Ross, Assistant City Manager Peifer, City Secretary Lenz, City Attorney Petrov, and Police Chief Walker. Councilmembers Ballanfant and Reilly were absent. Boy Scout Thomas Ragusa, Troop 125, led the Pledge of Allegiance. Secretary Lenz confirmed that the Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 1. Public Comments This was an opportunity for citizens to speak to Council relating to agenda and non - agenda items. Mark Darlow, 1235 N. Loop West, Houston, Texas, spoke regarding the proposed recommendation for the agenda item related to the contract for collecting the City's Municipal Court fines. He said his law firm, Perdue, Brandon, Fielder, Collins, and Mott, has submitted a proposal and asked that Council consider tabling the item until a full body of Council is present to consider it. He also asked Council for a possible interview with the selection committee or Council for an opportunity to explain why their firm will be the best choice for the City. Mr. Darlow said his firm currently represents Bellaire, Southside Place and many other cities in the Houston area that are similar in size to West U and he believes they have a superior product. Phyllis Cohen, 6619 Mercer, spoke regarding the proposed amendment to Rule 32 of the Council's Rules of Procedure, which basically would allow the majority of Council to cut off a discussion. She urged Council not to pass it for 5 reasons: (1) the change is unnecessary; (2) the provision is just not the spirit of West U; (3) the provision is the exact opposite of the transparency Council promised when running for election; (4) the provision is bad policy; and (5) the ability of a majority to cut off discussion conflicts the purpose of the Open Meetings Act. Ms. Cohen requested that Rule 32 be left as written, because it works as is and it protects West U citizens by making the decision - making process complete, considered, open and transparent. Mayor Pro Tern Kelly said when he served on a previous Council, he was into a lengthy dialogue and there was a vote and second to end the discussion. He said at the time, he didn't like it but in City Council Minutes, July 27, 2015 hindsight, he thinks the conversation went too long and the vote to end discussion might have been necessary; however, he said some might argue there should never be a "too long" for discussion on some issues. Ms. Cohen said she understands what Mayor Pro Tern Kelly is saying, but thinks incorporating the proposed language into the rules as such really gives people unfettered discretion to cut off discussion when perhaps it shouldn't be. She said she would suggest that the rule not be based upon an individual analysis, but on a great overarching issue of what the policy should be. She said it is better rule- making to look at it generally rather than how it affected a particular situation. Mayor Pro Tem Kelly said before this proposed rule change there wasn't a procedure to be able to cut off a debate. Mayor Sample said there is, which is addressed by Rule 32, but there is an addition by one of the councilmembers to clarify and specify that a majority of council calling the vote actually does close further discussion. She said she will talk about that when Council gets to that agenda item, because she thinks the proposed language makes it worse than it already is. John Yow, 2631 Albans, deferred his comment until discussion of Agenda Item. Eddie Matthews, 5906 Fordham, spoke regarding the proposed changes to the Rules of Procedure, particularly Rule 32. He said he doesn't like the proposed change because at a recent meeting, he basically witnessed a councilmember try to move for a motion to terminate further discussion because he did not want another fellow member to fully explain her views on a particular subject. He said he has served on several boards and members didn't always agree with each other, but they did respect each other's opinions and views. Mr. Matthews said he also doesn't like Rule 24, whereby councilmembers are allowed to ask questions of speakers. He said he is fine with that, but there should be some quid pro quo, because sometimes the discussion evolves and if it is only a one -way street, the discussion can lose its value. Dick Yehle, 6401 Rutgers, spoke to advocate to Council to retain Michael Ross as City Manager. He said the issue has gone quiet and he assumes that's because Council is perplexed over how to deal with financial side of it, but that's not the key issue. He said the key issue is that the City needs to keep Michael Ross because he is doing a good job and there is no debate about that. He said although he thinks Council's plan to abandon the issue is irresponsible, he is surprised that Council continues to allow it to fester by not having it on the agenda tonight. Mr. Yehle said he understands that it is protocol to not address significant issues when some councilmembers are out of town, but Council has hardly followed common practice to date, so he doesn't know why it's waiting now to stand on protocol. Mr. Yehle said at the last meeting Bob Kelly gave a fifteen minute speech and about the only thing he found to be factually correct was that removing the City Manager is an action within Council's authority as a City Council. He said, however, just because you are empowered to do something does not mean that it should be done. Mr. Yehle said Mayor Pro Tern Kelly said that Michael had lost the confidence of this Council, but he doesn't see how that is possible. He said Michael was approached to resign on the third day of this Council's term before it had even scheduled a Council meeting, let alone had one, to discuss the issue. He said he fails to understand how this Council could arrive at a decision without holding a meeting. Mr. Yehle said at the same meeting, Mardi Turner outlined her opinion of the standard administrative steps for disciplining, firing or setting a new agenda for an employee. He said she suggested that some notice of deficiency be given to the person with steps being outlined for 2of6 City Council Minutes, July 27, 2015 improvement that, if not followed, could result in taking the appropriate steps later. Mr. Yehle told Councilmember Turner if she really believes that, she should advocate it to her fellow councilmembers. He said he supports Councilmember Turner's thoughts and suspects Mayor Sample does, too. Mr. Yehle said he knows nothing can happen tonight due to the lack of an agenda item, but he suggests Council finds the decency to expeditiously end this sordid situation in a positive manner. He said all Council has to do is define its expectations for Michael's performance and let him continue his job without this unwarranted distraction and let the City begin moving in a positive direction. Jim Shields, 3409 Amherst, spoke regarding the issue of firing Mike Ross. He said he and Mayor Pro Tern Kelly go back a long way and he does not understand his behavior on this. He said this is a great City and the five elected officials are supposed to be friends and neighbors who get along and the fact that there is discussion about who gets to debate what and for how long is not the way friends and neighbors do things. Mr. Shields said Councilmember Ballanfant is telling people that 2,000 residents wanted Mike Ross fired, but he would be amazed if 2,000 residents knew Michael's name. He said residents don't know his name because he is doing a great job. Mr. Shields said residents are fed up with all the bickering and fighting and said Council should start being friends and neighbors and behaving like everyone is in it together. He said if Council is going down the road with nitpicking with procedures on how to run a meeting, Council is in trouble. Linda Goehrs, 2631 Albans, deferred her comment until discussion of Agenda Item 2. Molly Chilakapati, 2616 Albans, deferred her comment until discussion of Agenda Item 2. Chandi Chilakapati, 2616 Albans, deferred his comment until discussion of Agenda Item 2. Kara Richardson, 2619 Albans, deferred her comment until discussion of Agenda Item 2. Randall Richardson, 2619 Albans, deferred his comment until discussion of Agenda Item 2. Alida Drewes, 6112 Fordham, spoke to say that she totally agrees with Phyllis Cohen's statements regarding Council's Rules of Procedure. She then said Council needs to let the vet facility be built. She said Council is so concerned about animal waste, but this City refuses to pick up her trash. She said if City officials tell their people not to pick up her trash, the City Manager is accountable and needs to go. Ms. Drewes said she doesn't get as many services as her neighbors, which she attributes to Michael Ross. She said she pays taxes like everyone else, but Mike Ross refuses to allow her to have services, which she feels is theft of her tax money and an abuse of power. She said she has lived here over 60 years and she is not allowed certain services and Council is worried about the vet facility? She said let the vet facility proceed without any further delay. There were no other comments from the public at this time. 2. Amending Chapter 14 of the Code Related to Veterinary Facilities Matters related to the second and final reading of an ordinance amending the City Code of Ordinances, Chapter 14 (Animals), Article III (Dogs and Cats), defining Veterinary Facilities to board animals while being treated. Recommended Action: Approve ordinance amending Chapter 14 of the City Code relating to veterinary facilities on the second and final reading. Chief Building Official Clay Chew presented said at the last City Council meeting Council requested that the Building and Standards Commission (BSC) to review the ordinance again and bring it back 3of6 City Council Minutes, July 27, 2015 before Council tonight. Mr. Chew said the BSC held a special meeting last Monday night and the result was a consensus between the parties and is included in the proposed ordinance being presented tonight. Steve Brown, resident at 3305 Rice and Chairman of the BSC, spoke to reiterate that there was a special meeting of the BSC and said it was a long meeting, but in the end the parties came up with a compromise that provides for adequate protection for current and future neighbors should there be a second veterinary facility built on the peripheral of the City at another location in future years. Mr. Brown said it was a unanimous support of the BSC what is being proposed and he urged Council to pass it on the second reading. Councilmember Turner applauded Chair Brown and the BSC for getting the job done. Mayor Pro Tern Kelly echoed Councilmember Turner's remarks and said he appreciates the extra effort of getting the special meeting together in time to meet the timelines and get it back before Council. Mayor Sample called on those that wished to defer their comments until this item was discussed. John Yow, 2631 Albans, no longer wished to speak. Linda Goehrs, 2631 Albans, no longer wished to speak. Chandi Chilakapati, 2616 Albans, spoke to thank the BSC and Council for hearing the neighbors and coming up with a good compromise. He said he really hopes Council passes this proposed ordinance and thanked everyone who were involved in the process of making a difference in the community. Molly Chilakapati, 2616 Albans, no longer wished to speak. Kara Richardson, 2619 Albans, no longer wished to speak. Randall Richardson, 2619 Albans, no longer wished to speak. With no other comments from the public or Council, Councilmember Turner moved to approve an ordinance of the City Council of the City of West University Place, Texas; amending Chapter 14, Animals, Article III, Dogs and Cats, of the Code of Ordinances of the City of West University Place, Texas by amending Section 14 -72 and 14 -76 and adding a new Section 14 -89 for the purpose of allowing veterinary facilities to operate within the City. Mayor Pro Tern Kelly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Turner Noes: None Absent: Ballanfant, Reilly 3. Council Rules of Procedure Matters related to adoption of an ordinance revising the Council Rules of Procedure on the first of two readings. Recommended Action: Discuss and approve ordinance on the first of two readings. Councilmember Turner suggested deferring this until the next meeting when a full Council is present. Mayor Sample and Mayor Pro Tern Kelly agreed. 4of6 City Council Minutes, July 27, 2015 Regarding proposed changes to Rule 32, Mayor Sample said her view of Council proceedings is that they should be primarily intended to encourage meetings that are participative and civil. She said the purpose is to do the people's work and not necessarily encourage aggressive tactics no matter how well intended and suggested changing Rule 32 to read "at the conclusion or closure of debate or discussion, the presiding officer shall call for a vote." Mayor Pro Tem Kelly moved to table this item with any proposed changes to the Council Rules of Procedure. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Turner Noes: None Absent: Ballanfant, Reilly 4. 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 the City Council Minutes of July 13, 2015. Approve Minutes of July 13, 2015. B. Municipal Court Fine Collections Matters relating to authorizing the city manager to contract with Linbarger Goggan Blair & Sampson, LLP, to provide service relating to the collection of Municipal Court outstanding fines. Recommended Action: Authorize city manager to contract with Linbarger Goggan Blair & Sampson, LLP, for the collection of Municipal Court fines. Mayor Pro Tem Kelly moved to remove Item 4B from the Consent Agenda for further discussion. Councilmember Turner moved to approve 4A of the Consent Agenda as presented. Mayor Pro Tem Kelly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Turner Noes: None Absent: Ballanfant, Reilly Regarding Item 4B, Mayor Pro Tem Kelly said he would like to hear a report from the chairman of the selection committee as to the deciding factors for its recommendation and how the committee thinks the recommended firm will perform in relation to who the City uses now. City Manager Ross said the current firm hasn't had a stellar performance, which is why the City went out for qualifications. He said the process began about 6 months ago and said the 5- member selection committee consisted of the Assistant City Manager, City Secretary, Finance Director, Police Chief, and Municipal Court Clerk. He said the committee's recommendation is to go with Linebarger, but staff will proceed however Council desires. Mr. Ross noted that one of the firms reached out to Council before this meeting and there is an anti - lobbying provision in the RFQ, which could result in the rejection of the offer or proposal from that firm if it is determined that a violation occurred. 5of6 City Council Minutes, July 27, 2015 Mayor Pro Tern Kelly said he received a call from Mr. Darlow of Perdue, Brandon, Fielder, Collins and Mott, but he was not lobbying due to his experience with lobbyists. He said Mr. Darlow just wanted to know if there was a procedure whereby he could make his presentation known to the Council and he suggested he come to a Council meeting. Mr. Ross said Mr. Darlow communicated with another member of Council and it seemed to be a clear lobbying effort in that communication. Mayor Pro Tern Kelly said he is familiar with Linebarger and said they are a good firm, but suggested that someone from the selection committee or the City Manager provide a report at the next meeting and moved to approve tabling the selection of the entity that will handle the collection activities for the City until such time as Council receives a report about the selection process so that the public can get an opportunity to see how this government is being run. Councilmember Turner and Mayor Sample said they don't have any strong feelings one way or the other and were inclined to go with staff s recommendation. After more discussion, Councilmember Turner said deferring this item until the next meeting in two weeks and getting a report from staff is not going to hurt anything and she assumes Council will end up at the same conclusion. Mayor Pro Tern Kelly reiterated his motion to delay consideration of Consent Agenda Item 4B until the next regular scheduled Council meeting and at that time receive a report from one of the selection committee members or the City Manager as to how the committee arrived at its recommendation. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Noes: Absent: 5. Adjourn Meeting Sample, Kelly, Turner None Ballanfant, Reilly With no further discussion or action before Council, Councilmember Turner moved to adjourn the meeting at approximately 7:25 p.m. Mayor Pro Tern Kelly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Turner Noes: None Absent: Ballanfant, Reilly / OF WEST , ti v � A. Lenz, City Secretary �e�b Date App ved 6of6