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HomeMy WebLinkAbout021306R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, FEBRUARY 13, 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 February 13, 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, Fire Chief, Police Chief, General Services Superintendent 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 9 day of February 2006 at 2:30 p.m. Special Session City Attorney. Matters related to the City Attorney including appointment and agreement. City Manager Michael Ross presented the legal services contract between Alan Petrov with Johnson Radcliffe Petrov & Bobbitt PLLC and the City of West University Place for the appointment of the City Attorney A motion was made by Council Member Segal, seconded by Council Member Cohen, to authorize the City Manager to execute the agreement with Johnson Radcliffe Petrov & Bobbitt PLLC and appointing Alan Petrov as City Attorney. 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 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 Alan Petrov, and Legal Counsel Jim Dougherty and John City Council Regular and Special Session, February 13, 2006 Hightower 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 5:40 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:30 p.m. A motion was made by Council Member Cohen, seconded by Council Member Woods, 1) that the City waive its right, under Section 66.006 of the Texas Utility Code, to receive 1% of Time Warner?s gross revenues from cable television service in the City, until the City can study the issue of whether, and to what extent, the City Council desires to fund the capital costs of providing public, educational, or government access facilities; 2) that the waiver shall be effective for all sums that would otherwise accrue to the City?s benefit st under Section 66.006 from February 1, 2006, until the 91 day after the date, if any, that the City notifies Time Warner that it desires to receive and collect such revenues; and 3) that the City retain its other rights under Chapter 66 of the Texas Utility Code, including, without limitation, its right under Section 66.005 to receive a franchise fee in the amount of 5% of Time Warner?s gross revenues. 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, City Attorney Alan Petrov, and Legal Counsel Jim Dougherty and Mark Breeding to attend the Executive Session because their presence is necessary for the Council?s consideration of the issues. 2 City Council Regular and Special Session, February 13, 2006 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 6:30 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 7:10 p.m. The City Council recessed the Special Session at 7:12 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. Hillery Keith, 3121 Wroxton Road, spoke to the City Council about the Boot Camp Exercise Group currently held at the Recreation Center. Boot Camp Exercise Program. Matters related to the Boot Camp Exercise Program at the West University Recreation Center on Bellaire Boulevard, including complaints relating to noise, applicable ordinances and regulations and related matters. Mayor Ballanfant stated that the City Council would refrain from commenting on this agenda item until the case is resolved with the municipal court. Parks and Recreation Board . Matters related to the Parks and Recreation Board including Resolution No. 2006-03 appointing a member as Secretary. Parks and Recreation Director Tim O?Connor stated that at the February 1, 2006 Parks Board Meeting, Chairman David Stephan requested a volunteer to serve in the capacity of Parks Board Secretary. Laura Theis volunteered to serve. 3 City Council Regular and Special Session, February 13, 2006 A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve Resolution No. 2006-03 appointing Laura Theis as Secretary to the Parks and Recreation Board. 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. 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 subject Copies of Ordinance No. 1821, in the form proposed for adoption, were available in the Council Chambers. Police Chief Ken Walker reported that in late 2005 a Police Lieutenant?s position became vacant. In the meantime, this position?s duties has been distributed 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 Maintaining the ?No Knock? List Managing Police & Civilian Equipment Inventory/Maintenance Hiring Process Uniform Maintenance All Purchasing (Equipment, Uniforms, Supplies) Scheduling Block Parties Maintaining Training Records (State Requirement) Managing the Training Process Assist with Developing & Disseminating General Orders 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, 4 City Council Regular and Special Session, February 13, 2006 these duties now take almost all of the AA?s workday leaving little or no time to complete routine administrative duties. Staff is requesting to add a Records Manager 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 Cohen, to adopt Ordinance 1821 on the second and final reading. 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 Council Member Woods left the meeting at 7:30 p.m. Statewide purchasing program. Matters related to a statewide purchasing program of the Local Government Purchasing Cooperative, including Resolution No. 2006-04. General Services Superintendent Brad Neighbors reported that The Texas Municipal League, the Texas School Boards Association, and the Texas Association of Counties have joined together to provide an online cooperative purchasing program called the BuyBoard. The BuyBoard operates as an administrative agency for participating local governments to lower the cost of purchasing goods and services by simplifying the purchasing process and increasing the City?s buying power. The annual cost to join is currently $200.00. Council Member Yehle asked if using the BuyBoard satisfied the City?s competitive bid requirements and if the City could still bid purchases if they so desired. Mr. Neighbors responded yes that the BuyBoard did satisfy the bid requirements and that the City could still bid purchases. The City could also opt out of the program at any time. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve Resolution 2006-04 authorizing participation in the BuyBoard local government cooperative purchasing program. 5 City Council Regular and Special Session, February 13, 2006 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods Recycling Grant. Matters related to a $10,000 grant awarded to the City of West University Place by the Houston-Galveston Area Council and Texas Commission on Environmental Quality for the purpose of source reduction and recycling. Mr. Neighbors reported that the City of West University Place and the Recycling and Solid Waste Reduction Board applied for and have been awarded a $10,000 grant by the Houston-Galveston Area Council (H-GAC) and Texas Commission on Environmental Quality (TCEQ) for source reduction and recycling. The focus of the funds will be to increase awareness of RecyclExpress to the adjoining south central Houston areas outside of the City of West University Place, therefore increasing recyclable drop-off at RecyclExpress and revenue to the City of West University Place. A motion was made by Council Member Segal, seconded by Council Member Yehle, to accept the grant and authorize the City Manager to execute the contract. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods Rice Pocket Park and Library Courtyard. Matters related to the Rice Pocket Park and Library Courtyard including a report from the Task Force regarding design and priorities; and related matters. Mr. O?Connor introduced members of the Rice Pocket Park Task Force. Jim Patterson, Landscape Architect from White Oak Studio, presented the scope of the project as follows: RICE PARK 6 City Council Regular and Special Session, February 13, 2006 Rice Park should fit comfortably into the neighborhood, visually and functionally. The park is intended to provide green space, passive park uses and to serve as an attractive civic landmark. There will be several separate small seating areas to provide opportunity for multiple users within the park, some with shade from trees and/or an arbor-type structure (no solid roof). Trees and other landscaping will be integral to the design to provide an attractive, green setting. Landscaping may include educational or other specialty plantings for interest. Pathways will meander through the park and will be lighted appropriately for safety and security. Planting and other elements will be designed to ensure visibility into and out of the park for safety. Some provision will be made for small picnics. A solid privacy barrier will be built along the east boundary to provide noise and visual separation from the adjoining residence. Fencing and landscaping will be used to prevent cut-through foot traffic across the site from Rice Blvd. and Auden, and to provide appropriate separation of the park from the street for safety. An attractive fence with a gate will be considered for the south boundary, to enable potential connection between the ball field bleacher area and Rice Park, while retaining the ability to limit or prevent access. The primary park entrance will be at the Rice / Auden intersection and will have a landmark architectural feature. Existing on-street parking will be re-evaluated during design to determine if some spaces should be eliminated to provide a drop-off zone along the park, intended to serve the ball fields and elementary school. The evaluation will also consider options on the west side of Auden for a drop-off zone. Landscape and hardscape will be designed to provide some opportunity for quiet exploration / play for small children. This could take the form of low, climb-able sculpture, natural boulders or other features. A water feature was considered. It ranked 13 out of 20 in the survey responses; the Task Force recommends that the Library Courtyard is a more appropriate location for a modest water feature than Rice Park, due to Rice?s proximity to the ball fields and school grounds. The recently built concrete curb and brick columns will be evaluated in light of the Rice Park design and may be retained or removed if necessary. Quality, durability and reasonable maintenance will be given priority in the selection of materials and products for the park. 7 City Council Regular and Special Session, February 13, 2006 LIBRARY COURTYARD The Library Courtyard should be developed as a quiet courtyard, arranged to support the activities in the adjoining library, seniors? center and community center. There will be benches or other seating. The area should function well as an outdoor waiting area for the adjoining facilities. The existing large live oak will be protected and saved in-place. It will provide shade for seating. Walks will be arranged to provide improved access to and between the three adjoining facilities. The new design will provide for improved drainage within the courtyard. The existing steps and walks from Auden will be re-designed for barrier-free access and to appear more inviting. The Auden frontage will be evaluated for a possible drop-off lane, coordinated with similar evaluation of the Rice Park frontage. Low-level lighting and arrangement of site features will ensure visibility for safety and security. The site will be arranged to provide for children but to discourage active play that currently conflicts with surrounding activities. Activities or uses being considered include: Small storytelling area o Small multi-use open area to accommodate outdoor seniors? activities o (tai-chi) or small gatherings Oversize chess board paving and large moveable pieces o Moveable (but not easily) tables with umbrellas o Modest water feature to provide water sound o The design will consider removal of all or some of the existing large azaleas and the holly hedge. The existing sculpture will be incorporated into the design and possibly relocated within the courtyard. The City Council made comments and suggestions regarding the project. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on January 23, 2006. A motion was made by Council Member Segal, 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, Segal and Yehle Voting Nay: None 8 City Council Regular and Special Session, February 13, 2006 Absent: Council Member Woods 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. Mr. Ross reported that he was informed by the Harris County Flood Control District that they have a reduced budget this year and that funding may not be available for the College Street Drainage project. He also reported that Metro?s pledges for funding for the Multi-Cities has been resolved. At this point in the meeting, a motion was made by Council Member Segal, seconded by Council Member Cohen, to adjourn the Regular Session at 8:10 p.m. and reconvene in Special Session in the Bill Watson Conference Room. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods 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 8:15 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 9:15 p.m. 9 City Council Regular and Special Session, February 13, 2006 Mayor Ballanfant called for a motion. A motion was made by Council Member Segal, seconded by Council Member Cohen, to increase the annual salary of the City Manager to $130,000 effective as of the last anniversary date of his employment contract and calculated in accordance with Section 3B of the Agreement. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods 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 and Yehle Voting Nay: None Absent: Council Member Woods The Council meeting adjourned at 9:20 p.m. 10