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HomeMy WebLinkAbout010906R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, JANUARY 9, 2006 MUNICIP AL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Regular and Special Session in the Municipal Building (3800 University Blvd.) on January 9, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director and Assistant to the City Manager were also present. Council Member Segal was absent. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 6th day of January 2006 at 4:00 p.m. Special Session Administration of Oath of Office for Board and Commission members. (in the Council Chambers) Mayor Ballanfant administered the oath of office to newly appointed Board and Commission members. Infrastructure work in Priority Areas 9, 10, and lIB. (in the Bill Watson Conference Room) Matters related to infrastructure work in Priority Areas 9, 10 and lIB including authorizing and approving an agreement with St. Paul Travelers, related contracts, agreements, surety bonds, completion, phasing, planning, etc. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Jim Dougherty, Assistant City Manager/Public Works Director Ron Wicker, Finance Director Walter Thomas, Legal Counsel Tom Myers and Consulting Engineers Steve Ratcliff and Mike Redburn 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 Texas Government Code. City Council Regular and Special Session, January 9,2006 After the announcement, the City Council conducted a closed, executive session beginning at 5 :45 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:40 p.m. The City Council moved the Special Session to the Council Chambers and Mayor Ballanfant called for a motion. A motion was made by Council Member Yehle, seconded by Council Member Woods, with regards to the infrastructure work in Priority Areas 9, 10 and 11 B, to authorize the City Manager to consummate the settlement agreement with St. Paul's Fire and Marine Insurance Company as proposed and substantially in the form presented by Tom Myers, the City's Legal Counsel on the matter. Council Member Cohen requested that the motion be amended to include that a wire transfer of the funds from St. Paul's be made within 10 days. Council Member Yehle accepted the amendment to the motion. A vote was taken on the motion and amended motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: The City Council recessed the Special Session at 6:41 p.m. and convened in Regular Session. Formal Session Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. There were not any citizens who wished to address the City Council at this time. Friends of West University Place Business Partner Pro2ram. Matters related to the Friends Business Partner Program and a draft of the Friends Partnership Opportunities Program. Executive Director Donna Lamond stated that in an effort to establish consistency in the Friends Business Partner Program, the Board has drafted a document that specifically 2 City Council Regular and Special Session, January 9,2006 identifies the benefits associated with partnerships at the $500.00, $1,000.00, $2,500.00, $5,000.00, $7,000.00 and $8,000.00 levels. The Friends Board has been approached by a local business, requesting a listing of the Friends Partnership Opportunities, which would provide them with brand exposure in the West University Place community. Since there is currently no definitive redevelopment plan for the West University Recreation Center (WURC) and this business wants to move immediately, the Board drafted sponsorship proposals for the WURC Athletic Fields - $30,000, WURC Swimming Pool - $20,000 and the WURC Gymnasium - $15,000. Sponsorship opportunities were also drafted for Rice Pocket Park and Library Courtyard Projects: Naming Rights - $250,000, a $50,000 Sponsor and a $25,000 Sponsor. Mrs. Lamond stated that the Friends Board would like some Council feedback on the proposed partnership programs. They would also like the Council to give some thought to the value associated with naming a park or the purchase of a particular amenity in a park preferably on a percentage basis so that it would be easily carried over in any set of circumstances. Council Member Woods inquired about the sponsorship sign and the breadth of the sign. Mrs. LaMond commented that it had not been clearly defined as of yet but they looked at what is offered through the Park Lover's Ball guidelines. Council Member Cohen asked if the sponsorships of the amenities or the naming of a park was directly related to the cost to develop. Cindy Hassler, a member of the Friends Board, stated that the sponsorships are somehow tied to a cost analysis. Council Member Yehle suggested that, in regard to signs, the final proposal should be fairly specific in terms of what the standards for signs should be. The Friends might look to the City's sign ordinance for guidance. Yehle asked that the Friends give some thought to approving sponsors, both in advance and possibly removing sponsors should they do something to disqualify themselves and also who gives the final authority to approve the sponsors. He commented that he wasn't sure if he was ready to release to the Friends the final authority to put a name out there. This might be something the City Council should retain. Council Member Yehle also questioned the use of the City's marquee. He stated that he thought the use of the marquee should be for the things that the City really wants people to see and pay attention to and not for advertisement or sponsorship recognition. The City Council agreed that the use of the marquee should not be used for the sponsorships. 3 City Council Regular and Special Session, January 9,2006 Council Member Yehle stated that, with respect to naming, he needed to be convinced that the name of a park should be sold. He commented that he liked the idea of the names being retained for honorariums as they have been treated to date. Selling a sponsorship for a defined period of time was fine. This item will be discussed further at a later council meeting. Group employee medical benefit covera2e. Matters related to group employee medical benefit coverage including request for proposals received on December 22, 2005. Wendy Standorf, Human Resource Manager reported that in November of 2005 Staff received notice that the City's current medical insurance carrier (Cigna) would be raising their rate for our coverage by 27.05% increase over the 2005 year. Subsequently the City advertised for and received sealed proposals (RFP) for employee group medical benefit coverage. The city received five proposals for employee medical insurance, which included seven options for the vendors to consider; the current base plan, two base plan alternates with benefit level adjustments, a "buy-up" option, a vendor's choice (wild card) and two health savings account options (H.S.A). The city will also review and consider the plan design and cost of the HGAC-R1 insurance pooling group, which would require approval of the inter-local agreement To stay within the 2006 budgeted funds, one of the alternate plans is being considered, which includes adjustments to the current benefit level as well as the contribution levels the city and employee make toward dependent health coverage. The table below shows the current in-network benefit levels and one scenario of the adjustments being considered. Descriotion In-Network Benefit Levels In-Network Benefit Adjustments City contribution to employee insurance 100% 100% - no change City contribution to dependent ins. 80% 75% Employee contribution to dependent ins. 20% 25% Primary Care Co-pay $25 $35 Specialist Co-pay $35 $45 Coinsurance 100% 80% Deductible Individual -0- $250 Deductible Family -0- $500 Out-of-Pocket Maximum Individual $2,000 $3,000 or $4,000 4 City Council Regular and Special Session, January 9,2006 Medical benefit plan designs and programs vary by organization so the ultimate, best and final offer, may vary slightly. However, staff would not consider any plan that would substantially reduce the benefit levels listed above. The 2006 Budget includes funding in the amount of $895,000 for the city's portion of medical insurance premiums based on current participation levels. If Council is interested in maintaining the current benefit and contribution levels, it will be necessary for Council to approve an additional $107,000, making the City's total cost $1,002,000 for employee medical benefits. The City employees have overwhelmingly expressed their satisfaction with the current plan, however they understand the cost ramifications to the City. This proposal also includes the employee contribution going up from 20% to 25%, which reduces the City's contribution from 80% to 75% for the dependent care coverage. The City Council asked numerous questions regarding the employee benefit coverage. Council Member Cohen asked the Finance Director Walter Thomas if the City had the additional $107,000 to maintain the current level of insurance. Mr. Thomas commented that the City has part of the funds, $40,000, from savings in the Worker's Compensation account that could be used to offset some of the cost of the insurance. Beyond that, the additional funds would be based on vacancies. City Manager Michael Ross stated that the Council could also use the reserve funds in the general fund balance if they wanted to appropriate the additional money. Council Member Woods commented that the Council is usually provided with relative costs of other cities around the area. He asked what kind of benefits do cities typically provide for their employees. Mrs. Standorf stated that it varies by City but West U has a very benefit rich plan and is extremely generous. The participation level for the dependent coverage that West U allows for the employees is significantly higher than most and also the retirees insurance coverage is higher. Council Member Cohen stated that having a rich plan is a good thing if the City can reasonably afford to do it. In the future, as health care costs go up, there may have to adjustments over time. Mr. Ross stated that the staff has continued to make adjustments in the dependent care coverage by 5% each year. 5 City Council Regular and Special Session, January 9,2006 Council Member Yehle clarified that the in-network benefit adjustment column as stated above would cost the city about $895,000 and the in-network current benefit levels, the column to the left, would add an additional $107,000. Council Member Cohen suggested that, if all possible, that the City try to keep the benefit levels the same for this year but that the Staff recognize that this level of benefit will need to be adjusted in the future. Yehle stated that the City has been looking at health cost benefit increases of 15% or so for the last several years and every year the Council has been saying or thinking the comments just made and maybe now is the time to make these adjustments. A motion was made by Council Member Cohen to authorize the City Manager to negotiate the best and final offers at $1,002,000 for health insurance this year with the agreement that within six months the Council gets a comparison of other comparable cities and what other kind of benefits they provide so that potential adjustments can be made next year. The motion died for a lack of a second. Council Member Yehle commented that he feels a 27% increase is unacceptable but if 10% is too low then maybe the Council should look at a percentage increase that they are willing to accept. Mayor Ballanfant suggested using the budgeted amount of $895,000 and giving the employees the $40,000 savings from the worker's compensation payments. A motion was made by Council Member Yehle, seconded by Council Member Woods, to authorize the City Manager to negotiate the best and final offers and to enter into an agreement not to exceed the $935,000. Mayor Ballanfant suggested that the motion be amended to accept an amount not to exceed $950,000. Council Member Yehle accepted the amended motion. Council Member Woods seconded the amended motion. A vote was taken on the motion and the amended motion with the following result: 6 City Council Regular and Special Session, January 9,2006 Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: The City Council requested a comparison of other city's benefits before the next budget year. Police Department Personnel. Matters related to Police Department personnel including Ordinance. No. 1821. Mayor Ballanfant read the caption of Ordinance No. 1821 as follows: An ordinance relating to the Police Department; amending the employee position schedule of the Code of Ordinances; and containing findings and provisions relating to the subj ect Copies of Ordinance No. 1821, in the form proposed for adoption, were available in the Council Chambers. Ken Walker, Police Chief reported that in late 2005 a Police Lieutenant's position became vacant. In the meantime, Staff has distributed this position's duties to the Captain and the Support Services Lieutenant. Upon further review of the duties of the Captain and Support Services Lieutenant, they are tasked with duties that do not require a police officer to perform. Below is a partial list of those duties: . Completing Payroll Forms · Managing Police & Civilian · Hiring Process Uniform Maintenance · Maintaining the "No Knock" List Equipment Inventory/Maintenance . . Scheduling Block Parties · All Purchasing (Equipment, Uniforms, Supplies) Maintaining Training Records (State Requirement) Assist with Developing & Disseminating General Orders . . Managing the Training Process · The Department currently has one Administrative Assistant (AA) budgeted in the police department. This position handles all public information requests, requests for copies of reports from courts and the district attorney's office, managing all reports completed by police officers and entry into the computer system as well as producing Uniform Crime Reports for the FBI. Due to increased legal requirements and public information requests, these duties now take almost all of the AA's workday leaving little or no time to complete routine administrative duties. 7 City Council Regular and Special Session, January 9,2006 Chief Walker stated that the Staff is requesting to add a Records Specialist position to perform all records related duties, freeing the administrative assistant position to perform the duties that do not require a police officer and that are currently being performed by the Captain and Lieutenants. This would allow the Captain and Lieutenant to effectively manage the additional duties that were re-assigned from the vacated lieutenant position. Staff does not intend to fill the vacant Lieutenant's position in the foreseeable future. A motion was made by Council Member Woods, seconded by Council Member Yehle, to adopt Ordinance 1821 on the first reading amending the Code of Ordinances Employee Position Schedule creating a Records Specialist position to be funded by the salary savings from the open Lieutenant position. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: Cable and Video Services. Matters related to cable and video services including Ordinance No. 1822 Mayor Ballanfant read the caption of Ordinance No. 1822 as follows: An ordinance relating to cable and video services; amending the Code of Ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subj ect. Copies of Ordinance No. 1822, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty reported that under new legislation codified in Chapter 66 of the Utilities Code, the Public Utility Commission of Texas ("PUC") may grant a state- issued certificate of franchise authority to provide cable services and video services in Texas. Section 66.013 provides that a municipality may: (i) require a holder of a state-issued certificate to register with the municipality and provide contact information, and (ii) establish reasonable guidelines regarding the use of public, educational and governmental access channels. The attached draft ordinance would carry out these two provisions of the Utilities Code. This ordinance was inspired by a sample ordinance provided by Mr. Clarence West, who has provided cable-related legal services for the City as well as the TCCFUI coalition of cities. 8 City Council Regular and Special Session, January 9,2006 A motion was made by Council Member Cohen, seconded by Council Member Woods, to adopt Ordinance 1822 on first reading amending the Code of Ordinances creating Section 23.137 State-Issued Certificates of Franchise Authority. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: Infrastructure work in Priority Areas 10, and lIB. Matters related to the completion of infrastructure work in Priority Areas 10 and 11 B including bid received December 30, 2005 and award of contract. Assistant City Manager/Public Works Director Ron Wicker reported that, in anticipating the possibility of a resolution of the completion contract with St. Paul's, the Staff posted a notice that the City was bidding the infrastructure projects for Priority Area 10 and lIB One bid was received from Metro City Construction. The bid was tabulated and reviewed by the City's Consulting Engineers. An add alternate for warrantee ofCTL's work would cost the City an additional $75,000. A motion was made by Council Member Yehle, seconded by Council Member Woods, to award the contract subject to the apparent low bidder as recommended and subject to consummation of the settlement agreement with St. Paul's Fire and Marine Insurance Company that the Council previously approved, and the amount of the award would be the base bid only of $3,557,625.60 for Priority Areas 10 and lIB. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: Sidewalks. Matters related to sidewalks including bid received December 30, 2005 for the completion of sidewalks in Priority Areas 9, 10, and lIB. Ron Wicker, Assistant City Manager/Public Works Director reported that the City received two bids for the sidewalk work. The following bids were received: 9 City Council Regular and Special Session, January 9,2006 Bidder Southern Customs, Inc. Metro City Contruction, LLP Bid Price $1,117.555.24 $1,146,256.91 A motion was made by Council Member Yehle, seconded by Council Member Woods, to award the contract to the apparent low bidder of Southern Customs Inc. in the amount of $1,117,555.24 for sidewalks in Priority Areas 9, 10 and lIB subject to the consummation of the settlement agreement with St. Paul's Fire and Marine Insurance Company that the Council previously authorized, and the award would not take effect until the settlement agreement was signed. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on December 12, and Special Session conducted on December 19,2005. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: Inter20vernmental & Infrastructure Issues: Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of Southside Place, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, City owned properties, potential purchase of property, City Center project, streetlights, railroad quiet zones and task force, board and commission liaison reports and related matters. This may include report(s) from staff and reports and directives to staff from Council Members. 10 City Council Regular and Special Session, January 9,2006 Mr. Ross reported that the Staff has a walk through on the quiet zone areas scheduled with the City of Houston. He also reported that Center Point Energy got all of the light foundations completed during the Christmas break. Council Member Cohen asked what is the status of the Police Emergency Operations Center. Mr. Ross stated that the City Attorney should be finalizing his comments on the proposal this week and then the Staff will be seeking a consultant. City Secretary Kaylynn Holloway commented that, at the request of Council, she had spoken with Bill Harry of the Harris County Appraisal District about the difference in evaluating residential and commercial property. Mr. Harry informed her that there is no difference. At this point in the meeting, a motion was made by Council Member Cohen, seconded by Council Member Woods, to adjourn the Regular Session at 7:42 p.m. and reconvene in Special Session in the Conference Room. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: Time Warner Cable. Matters related to Time Warner Cable including administrative proceedings, pending or contemplated litigation. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Jim Dougherty and also John Hightower and Scott Bound, Legal Counsel from Olsen and Olsen, 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 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 7:46 p.m. 11 City Council Regular and Special Session, January 9,2006 After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:25 p.m. 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 and City Attorney Jim Dougherty 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 8:25 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:55 p.m. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Cohen, seconded by Council Member Yehle, to adjourn. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Woods and Yehle None Council Member Segal Voting Nay: Absent: The Council meeting adjourned at 8:55 p.m. 12