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HomeMy WebLinkAbout012405R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 24, 2005 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on January 24, 2005, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, Assistant City Manager/Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 20 day of January 2005 at 3:30 p.m. Formal Session (in the Council Chambers) Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Gail Rosenthal, 2611 Cason, commented that she was disappointed in the West University Fire Department?s response time to the latest fire in the City. Quiet Hours. Matters related to quiet hours including Ordinance No. 1779. Mayor Ballanfant read the caption of Ordinance No. 1779 as follows: An ordinance relating to quiet hours; 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. 1779, in the form proposed for adoption, were available in the Council Chambers. The City Council discussed the proposed changes made since the first reading of the ordinance. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1779 with an amendment under Any Sunday to ?Any Sunday, New City Council Regular Session, January 24, 2005 Year's Day, Thanksgiving Day, Christmas Day, and, whenever New Year's Day or Christmas Day falls on a Saturday or Sunday, the corresponding Friday or Monday on which the City of West University Place observes that holiday. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Racial profiling annual report. Matters related to the racial profiling annual report. Police Chief Ken Walker reported that Section 1, Chapter 2, Article 2.132 of the Texas Code of Criminal Procedure requires an annual report to the City Council. Alex del Carmen, Ph.D. was retained to analyze the information collected by the West U Police Department for 2004. Dr. del Carmen has completed the analysis and the report is being presented to council. A motion was made by Council Member Fogler, seconded by Council Member Farley, to acknowledge receipt and filing of the mandated report. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Recycling and Solid Waste Reduction Board. Matters related to the Recycling and Solid Waste Reduction Board including Resolution No. 2005-02 appointing Steve Stelzer to the Board. A motion was made by Council Member Fogler, seconded by Council Member Farley, to adopt Resolution No. 2005-02. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None 2 City Council Regular Session, January 24, 2005 Absent: None 2005 General Election. Matters related to the 2005 West University Place General Election including Ordinance No. 1780. Mayor Ballanfant read the caption of Ordinance No. 1780 as follows: An ordinance calling an election within the City of West University Place, Texas, for the th seventh (7) day of May, 2005, for the purpose of electing a mayor and four council members; designating precincts and polling places; appointing election officials; containing findings and provisions relating to said election; and declaring an emergency. Copies of Ordinance No. 1780, in the form proposed for adoption, were available in the Council Chambers. A motion was made by Council Member Segal, seconded by Council Member Farley, to adopt Ordinance No. 1780 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Property tax refund. Matters related to 2004 ad valorem tax refunds in the amount of $5,815.92. Finance Director Walter Thomas reported that Section 31.11 of the Property Tax Code requires approval by the City Council of property tax refunds that exceed $500.00. Occasionally the City receives an overpayment of property taxes. The causes of overpayment vary, but the most common are: Both the taxpayer and the taxpayer?s agent pay the property tax causing a duplicate payment. The taxpayer may issue a check in the wrong amount causing an overpayment. Simple mistakes. A motion was made by Council Member Farley, seconded by Council Member Fogler, to authorize the refund of overpaid property taxes totaling $5,815.92 3 City Council Regular Session, January 24, 2005 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Property located at the SWC Westpark Drive and Wakeforest Street. Matters related to the property located at the SWC Westpark Drive and Wakeforest Street including sale, lease or other related matters and a listing agreement. Council Member Segal stated that he just recently learned that Marshall Clinkscales, the City?s Agent from MSC Properties, used an attorney from Fulbright and Jaworski to review the proposed lease. Council Member Segal stated that he looked at the conflict statute and concluded that he has no conflict since he is a retired partner with no continuing activity with Fulbright and Jaworski. Mr. Clinkscales presented the Council with a proposed timeline for the transaction process for the lease of the property and a sample lease bid form. He stated that he was coming before the Council to ask for permission to proceed substantially as outlined. There are a number of documents that have to be prepared to carry out the bid process. Council Member Segal stated that he would like to see the Listing Agreement with MSC Properties before moving forward. He also commented that the Council should decide if they wanted to list the property just for lease or for sale or lease knowing that they might accept or turn down either one but the Listing Agreement appears inconsistent as to what the Council is going to ask Mr. Clinkscales to do as a Listing Agent. Council Member Fogler commented that it has always been her understanding that the Council was attempting to open the door as widely as possible so that any and all offers could come in and that means both lease possibilities as well as sale possibilities. She stated that she did not have a copy of the Listing Agreement but those types of agreements typically do not come into play unless the Council actually does decide to lease or sell the property. So, what seems to be for Council consideration is do they want to advertise the property beginning at the start of February in order to begin getting offers. A motion was made by Council Member Fogler, seconded by Council Member Farley, to authorize the City Manager and Jim Dougherty, on behalf of the City, to complete the negotiations and execution of the Listing Agreement with Mr. Clinkscales and to authorize the advertisement and distribution of bid packages to offer the described property for ground lease or sale as described in their Council packet. 4 City Council Regular Session, January 24, 2005 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and Woods Voting Nay: Council Member Segal Absent: None Kirby Drive Traffic Study. Matters related to the Kirby Drive Traffic Study including the impact of reconstruction. Assistant City Manager/Public Works Director Ron Wicker reported that several months ago, staff contacted Samson Ukaegbu, PE owner of Traffic Data and Associates, Inc. and authorized him to develop a traffic impact study to look at potential impacts of traffic as a result of the proposed City of Houston?s replacement of Kirby Drive. Phase one of the City of Houston project has already begun outside of West University Place. It is estimated that construction on Kirby adjacent to West University Place will not start until mid-summer 2005. At that time, traffic patterns will likely change in and around the City of West University Place. During the various phases of construction, these patterns will continue to be amended. Constant monitoring of traffic flow within West University Place will be required as the Kirby project progresses. Staff is committed to this task. This monitoring should be done with our traffic engineer and the City of Houston and their project engineers. Initially, TDAI has made three recommendations that the City should consider: 1. Install temporary ?No Right Turn? signs along the west side of Kirby Drive from Wroxton Avenue on the north to University Boulevard, 7:00 to 9:00and AMAM 4:00 to 7:00 Monday through Friday. PMPM 2. Restrict parking along Buffalo Speedway 24-hours per day during construction. 3. Work with the City of Houston, Metro and Transtar to optimize all traffic signals in the area for better overall traffic flow. A motion was made by Council Member Woods, seconded by Council Member Farley, to authorize the City Manager to formally request that the City of Houston provide all design and construction improvements. A vote was taken on the motion with the following result: 5 City Council Regular Session, January 24, 2005 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Solid Waste Collection. Matters related to solid waste collection including an agreement with an on-call contractor for supplemental collection. Mr. Wicker reported that during the 2005 Budget Workshops, City Council requested that staff look at possible privatization of solid waste, in order to develop a solution to the critical staffing shortage in Solid Waste operations and the impact on solid waste and recycling pickup. As was discussed in the 2005 Budget Workshops, staff feels that current equipment and staffing is no longer satisfying the demands of the City?s solid waste operation or that of recycling. During budget workshops, staff proposed the purchase of two new rear load vehicles that would change the concept of our solid waste and recycling operations. A rear load truck allows the driver to ?drive and observe,? but not load garbage. This is a safer operation compared to the driver having to exit the cab every few seconds and also load garbage. The driver ends up driving while exhausted, which increases the risk factor. Several years ago, a collection concept was implemented using side loaders, two-person crew, based on a ?Task? system (the Task System is based on the concept that employees leave upon completion of their work). The Task System works well in the employee?s case, allowing them to work continually and fast so that they can go home early, in most cases. The drawback of such a system is increased accidents and risk to personal safety, since employees do everything in a hurry. TML, the City?s liability and Workers Compensation carrier, found that the City?s accident experience increased, which means increased rates for coverage. In FY2002, staff implemented eight-hour workdays with overtime when necessary. At that time, additional changes were made as well to decrease haul distances to enhance timing on daily routes. While this helped it did not sufficiently solve daily manpower requirements. In FY2004, the work schedule was revised once again to better accommodate the workload. Recycling collection was changed from one day per week to five days per week (a portion being picked up each day of the week). This change helped, but did not solve the solid waste collection problems. Insufficient staffing is another problem experienced over the same time period. From the inception of the present side-load program, the City has had positions for eight full-time drivers. Currently, only three full-time drivers are on staff. One driver has been with the City for 12 years, another 28 years. The third driver has been employed less than a year. In order to meet the daily demand, temporary workers are used to assist the full-time drivers. Current laws and driver qualifications make it difficult to hire and retain drivers. Consequently, getting the garbage and recycling picked up during the 8:00 to 5:00 AMPM workday is often difficult. 6 City Council Regular Session, January 24, 2005 Once again, staff shortage is causing severe problems with the adequate pickup of solid waste. Recently, staff held a meeting with three of the major solid waste haulers in the Greater Houston area to request proposals for temporary supplemental collection services. The companies in attendance were BFI, Waste Management and Republic Waste. Staff is requesting a proposal for one truck and crew to assist on a daily basis for a two-month period. This approach will be for a very short time, but should allow the opportunity to observe what non-employee service has to offer on an interim basis without adopting a full privatization service. It will also allow time to try and fill the vacant driver positions, if that is the decision. A motion was made by Council Member Farley, seconded by Council Member Woods, to authorize staff to contract for one truck and crew to work with current City employees to pick up solid waste. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Special Projects Grant. Matters related to a Special Projects Grant from the Texas Department of State Health Services for training equipment and supplies for the Fire Department also including a gift from the Sentinel Club. Fire Chief Steve Ralls reported that a project grant was applied for through the Texas Department of State Health Services (DSHS) in the amount of $11,474.00. The purpose of the project is to purchase a cardiac training mannequin, two endo-trachial intubation mannequins (one adult, one pediatric) and associated supplies for all three. The goal is to provide in-house continuing education and training for paramedics. This will help keep skill levels proficient; and will also help control the associated overtime and class tuition costs when classes are taught by outside entities. DSHS has awarded the West University Place Fire Department $6,809.00 and the Sentinel Club has agreed to provide a gift of $4,665.00 to make up the difference. A motion was made by Council Member Woods, seconded by Council Member Segal, to approve the grant and appropriation of $11,474.00 (of which $6,809.00 will be reimbursed by DSHS Project Grant Funds) and accept the $4,665.00 gift from the Sentinel Club, which will provide funds for the remainder of the costs. A vote was taken on the motion with the following result: 7 City Council Regular Session, January 24, 2005 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Task Forces. Matters related to Task Forces including the duties, guidelines and roles of Council and Staff Liaisons. Council Member Segal commented that the Council has spent a lot of time talking about the role of Council Liaison before making assignments to the standing boards but they never directly addressed the role of Council and Staff Liaisons to a Task Force. The Council should do this in order to insure the integrity of the operations of the citizen task forces, which they appoint, enabling each citizen task force to study the issues and make its recommendations to Council without perceived or actual influence from less than the full Council. Council Member Segal stated that since Council Members are generally provided the minutes of the meetings of these Task Forces, liaisons are not really needed, even to the Parks and Recreation Master Planning Task Force. Council Member Fogler commented that to her the purpose of a Council Liaison is to have a designated person to whom questions from the Board or Task Force might be brought for the opinion of council or direction from council. Council Member Woods commented that he looks at a Task Force as a little different than a standing board. On a Task Force, the Council should be choosing people that are proponents to that task. He stated that he might not always agree with the direction that liaisons offer, but if the Council votes to assign a task then it is reasonable to have a Council Member that is representational of that to be active as opposed to monitoring the standing boards. The Council discussed whether a Council Liaison should be a voting member. Parks and Recreation Master Planning. Matters related to Parks and Recreation Master Planning including all parks and recreation areas in the City, conceptual plans, development and construction, outside professional services, surveys, appointment of additional member to the task force, chairperson and council liaison and assignment of their goals and objectives. Parks and Recreation Director Tim O?Connor reported that as of the last council meeting there were three unaddressed items, specifically the appointment of a Task Force Chairperson, the appointment of a Council Liaison, and a statement of duties and 8 City Council Regular Session, January 24, 2005 responsibilities for this Task Force. The draft of this statement was prepared by staff and was included in the Council packets. Council Member Segal stated that the Senior Services Board would like to have a representative on the Parks and Recreation Master Planning Task Force. At their last meeting they nominated Joan Johnson to be their representative. A motion was made by Council Member Segal, seconded by Council Member Farley, to appoint Joan Johnson to the Parks and Recreation Master Planning Task Force. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None A motion was made by Council Member Fogler, seconded by Council Member Farley, to appoint Nina Springer as Chairperson of the Parks and Recreation Master Planning Task Force. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None A motion was made by Council Member Segal, seconded by Council Member Fogler, that the Council Liaison to the Task Force not be a voting member. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None A motion was made by Council Member Farley, seconded by Mayor Ballanfant, to appoint Council Members Fogler and Woods as alternating Council Liaisons to the Parks and Recreation Master Planning Task Force. A vote was taken on the motion with the following result: 9 City Council Regular Session, January 24, 2005 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None The City Council requested that the Staff distribute the goals and objectives to the members for their review. They also requested that a joint meeting be held with the Task Force at the next meeting. Council Member Segal requested changes to the scope of responsibility as presented. He suggested that Letter B be revised to ?Explore opportunities and develop recommendations to alternatives for improving the existing parks system.? He suggested adding a Letter H as follows: Prepare a draft proposal, present it to the Parks Board, the Friends Board, and the Senior Services Board for review and comments and following consideration of such comments present the findings to the City Council. He also requested that the Senior Services Board be removed as a focus group under Letter F. Council Member Woods commented that he did not agree with bullet point #2 under Letter C. The Council agreed to remove that item for the scope of responsibility. City Council minutes. Matters related to the minutes of the Regular Session conducted on January 10, 2005 A motion was made by Council Member Segal, seconded by Council Member Fogler, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Fogler and Woods Voting Nay: None Absent: None Abstain: Mayor Ballanfant and Council Member Farley 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. 10 City Council Regular Session, January 24, 2005 There were no reports given at this meeting. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Farley, to adjourn. The Council meeting adjourned at 8:22 p.m. 11