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HomeMy WebLinkAbout012306R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, JANUARY 23, 2006 MUNICIPAL 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 23, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director and Assistant to the City Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 18 day of January 2006 at 5:05 p.m. Special Session City Attorney. Matters related to a City Attorney including interviews with and possible selection of City Attorney. The City Council conducted interviews with Scott Bounds and Bill and David Olson with the firm of Olson & Olson; Alan Petrov with the firm of Johnson Radcliffe Petrov & Bobbitt; and Steven Weathered and Arnold Polanco with the firm of Ross Banks May Cron & Cavin. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to recess the Special Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None The City Council recessed the Special Session at 6:32 p.m. and convened in Regular Session. Formal Session Citizen Comments. City Council Regular and Special Session, January 23, 2006 Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Hillery Keith, 3121 Wroxton Road, commented that the Boot Camp Exercise Group had been cited with several tickets from the West University Police for excessive noise at the Recreation Center. She requested that this item be placed on the next City Council agenda for discussion. Zoning and Planning Commission. Matters related to the Zoning and Planning Commission including Resolution No. 2006- 01 appointing a member as Secretary. A motion was made by Council Member Cohen, seconded by Council Member Segal, to approve Resolution No. 2006-01 appointing Beth Beloff as secretary to the ZPC. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Police Department Personnel. Matters related to Police Department personnel including Ordinance. No. 1821. This item was withdrawn from discussion at this time. 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 subject. 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- 2 City Council Regular and Special Session, January 23, 2006 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. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adopt Ordinance 1822 on second and final 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, Segal, Woods and Yehle Voting Nay: None Absent: None Procedural rules. Matters related to procedural rules for the City Council including Ordinance No. 1817. The City Council addressed the proposed amendment to the Rules of Procedure regarding reconsideration of an Ordinance. No action was taken on this item. Priority Areas 10 and 11B Emergency Agreements. Matters related to Priority Areas 10 and 11B Emergency Agreements including final acceptance of the work from Metro City Construction, LLP. Assistant City Manager/Public Works Director Ron Wicker reported that Metro City Construction, LLP, (MCC), recently completed all work required under the emergency agreement dated July 9, 2005. This was the first of two emergency contracts with MCC to address safety issues with the bankrupt CTL contract. They also recently completed all work required under the second emergency agreement dated September 9, 2005. The first contract was authorized by the City Council and the surety, St. Paul Travelers Insurance, in an original amount of $345,369.03. A net-decrease change order in the amount of $16,897.41 reduced the total contract to $328,471.62. Final payment in the amount of $43,778.56 is currently pending. The one-year warranty for this work will begin with City Council?s acceptance. 3 City Council Regular and Special Session, January 23, 2006 The second contract was also authorized by the City Council and the surety, St. Paul Travelers Insurance, in an original amount of $360,944.46. With the second emergency contract there were additions that amounted to $35,985.95, for an amended project price of $396,930.41. Final payment in the amount of $134,241.33 is currently pending. The one-year warranty for this work will begin with City Council?s acceptance. A motion was made by Council Member Woods, seconded by Council Member Segal, to accept the work completed in this first emergency contract and approve final payment in the amount of $43,778.56 and to accept the work completed in the second emergency contract and approve final payment in the amount of $134,241.33 for work done in Priority Areas 10 and 11B. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Office Copiers. Matters related to office copiers including a lease agreement. Dave Beach, Assistant to the City Manager, reported that in January 2006, the lease agreement with Xerox Corporation for the City?s copiers expired. Over the past few months, Staff has reviewed copiers with Xerox, Canon, Ricoh and Kyocera. Based upon field demonstrations and available literature, Staff selected Xerox to replace the existing copiers currently being used within the City. All copiers will include the following: high capacity paper supply, staple, 3-hole punch, v-fold, saddle stitch, scan, fax, and print. The existing serve as network printers, fax machines and scanners for each department. Overall, the new copiers will provide greater reliability and help increase operational efficiency. In addition, the new lease agreement will save the City on average approximately $10,000 per year, based upon prior years copy usage and lease rates. Lease rates and maintenance fees were determined from the State of Texas Building & Procurement Commission Contract. The City Council asked questions regarding the 2006 budgeted amount for copiers and the $10,000 savings for the new lease agreement. They asked that, in the future, the Staff try to more accurately estimate the amount to budget. 4 City Council Regular and Special Session, January 23, 2006 A motion was made by Council Member Yehle, seconded by Council Member Cohen, to authorize the City Manager to enter into a five year lease agreement with Xerox Corporation in the amount of $22,055.77 per year. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on January 9, 2006. A motion was made by Council Member Woods, seconded by Council Member Cohen, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Intergovernmental & 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. No reports were given at this time. At this point in the meeting, a motion was made by Council Member Woods, seconded by Council Member Cohen, to adjourn the Regular Session at 7:12 p.m. and reconvene in Special Session in the Bill Watson Conference Room. A vote was taken on the motion with the following result: 5 City Council Regular and Special Session, January 23, 2006 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None The Special Session reconvened at 7:17 p.m. City Attorney The City Council continued their discussion of the appointment of a City Attorney. A motion was made by Council Member Segal, seconded by Council Member Cohen, to authorize the City Manager to engage in negotiations with Alan Petrov for a contract and a fixed fee to serve as the City Attorney for West University Place and to bring this item back at the next meeting. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None 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 7:35 p.m. 6 City Council Regular and Special Session, January 23, 2006 After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:00 p.m. 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, 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 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 8:00 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:19 p.m. City Secretary. Matters related to the evaluation and duties of a public officer or employee. 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 551.074 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 8:19 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. Mayor Ballanfant called for a motion. A motion was made by Council Member Segal, seconded by Council Member Cohen, to increase the City Secretary?s salary by $3,600 a year beginning January 1, 2006. 7 City Council Regular and Special Session, January 23, 2006 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None City Manager. Matters related to the evaluation and duties of a public officer or employee. 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 551.074 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 9:00 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 9:40 p.m. Mayor Ballanfant called for a motion. A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve the payment of 6 weeks (30 days) of the City Manager?s accrued vacation time. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None This item will be considered again at the next meeting. 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, Segal, Woods and Yehle 8 City Council Regular and Special Session, January 23, 2006 Voting Nay: None Absent: None The Council meeting adjourned at 8:55 p.m. 9