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CITY COUNCIL SPECIAL SESSION
TUESDAY, OCTOBER 30, 2007
WEST UNIVERSITY RECREATION CENTER
4210 BELLAIRE BOULEVARD
4:00 P.M.
The City Council convened in Special Session in the West University Recreation Center
Conference Room (4210 Bellaire Boulevard) on October 30, 2007, with the following
members present: Mayor Kelly presiding, Council Members Fry, Cohen, Guffey, and
Talianchich. The City Secretary, City Manager, City Attorney, Finance Director,
Assistant City Manager/Public Works Director and Human Resource Manager were also
present.
The notice for this meeting was posted in accordance with the Texas Government Code,
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Chapter 551, on the 26 day of October 2007 at 10:00 a.m.
Special Session
3936 Marlowe Street; Weslayan Street.
Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from
Bissonnet Street to Bellaire Boulevard), including easement or right-of-way matters,
house under construction, legal defense, permits, administrative proceedings, pending or
contemplated litigation or a settlement offer, and purchase, exchange, lease or value of
real property and related issues.
The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn
Holloway, City Attorney Alan Petrov, Assistant City Manager/Public Works Director
Chris Peifer to attend the Executive Session because their presence is necessary for the
Council?s consideration of the issues.
At this point in the meeting, the Mayor publicly announced that a closed, executive
session would be held and identified the section of the Open Meetings Law under which
the meeting would be held.
Closed Executive Session to be held under Section 551.071 and Section 551.072 Texas
Government Code.
After the announcement, the City Council conducted a closed, executive session
beginning at 4:06 p.m.
After the closed, executive session, the Mayor announced, in open session, that the City
Council had concluded its closed, executive session at 4:28 p.m.
Mayor Kelly announced that a settlement proposal has been received from the landowners
of the property located 3936 Marlowe who are currently in litigation with the City of
City Council Special Session, October 30, 2007
West University Place. The proposal is basically that the City purchase the property for a
sales price of $400,000, an amount that is the fair market value of the land. Several
advantages to the City to seriously consider this proposal are that it would uphold the
zoning laws of West U, significant savings of future litigation costs and personnel time,
the structure could be removed completely, and the land could be cleared and used as
green space that could eventually be used as an appreciating asset.
A motion was made by Mayor Kelly, seconded by Council Member Talianchich, to
authorize and direct the City Manager to pursue the settlement of the 3936 Marlowe
property and bring back the necessary paperwork for consideration.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Mayor Kelly stated that he wanted to note for the record the appreciation by the Council
to Michael Talianchich who has pursued aggressively to resolve this matter.
Employee benefits and health insurance.
Matters related to employee benefits and health insurance including plan designs and
associated rates.
The City?s benefit specialist Robert J. Treacy from City-County Benefits Service was
present at the meeting to discuss the City?s health insurance.
The City Council discussed at length the proposed insurance plan for 2008.
Council Member Cohen and Talianchich did not agree with the suggested plan. They
argued that the plan should remain the same until its expiration in August of 2008 at
which time the insurance would be bid and the benefits discussed at that time.
After further discussion of this item, Mayor Kelly called for a motion.
A motion was made by Council Member Fry, seconded by Council Member Guffey, to
accept the City?s recommendation for the 2008 budget on health insurance as stated: the
City?s contribution would remain 90% through August 31, 2008 and would change to
80% contribution from September 1, 2008 through December 31, 2008; a recommended
$1,500 pay adjustment would take effect September 1, 2008 to offset the increase in
health care.
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City Council Special Session, October 30, 2007
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry and Guffey
Voting Nay: Council Member Cohen and Talianchich
Absent: None
The motion passed 3-2.
Adjournment.
A motion was made by Council Member Fry, seconded by Council Member Cohen, to
adjourn the Special Session.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The City Council adjourned the Special Session at 5:32 p.m.
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