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HomeMy WebLinkAbout031405R CC Min CITY COUNCIL REGULAR AND WORKSHOP SESSION MONDAY, MARCH 14, 2005 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular and Workshop Session in the Municipal Building (3800 University Blvd.) on March 14, 2005, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Fire Chief, City Planner and Risk Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 10 day of March 2005 at 3:30 p.m. Formal Session (in the Council Chambers) Ad valorem taxation and disabled individuals. Matters related to ad valorem taxation and disabled individuals including Ordinance No. 1787. Mayor Ballanfant read the caption of Ordinance No. 1787 as follows: An ordinance relating to ad valorem taxation and an exemption for individuals who are disabled; 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. 1787, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that Ordinance No. 1787 grants residential homestead exemption of $110,000 to disabled taxpayers. The City currently grants a $110,000 homestead exemption to only the over 65 taxpayers. Extending the exemption to the 27 taxpayers that were eligible as of January 31 would have the cost the City, if it had been in place, about $13,000. The Appraisal District administers the exemption and the taxpayer has to apply and has to meet the requirements of the FICA or the Social Security Administration for being disabled. The exemption is only available for either handicap or over-65 taxpayers but not both. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1787 on the second and final reading. City Council Regular and Workshop Session, March 14, 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 Refunding Bonds. Matters related to refunding bonds including Ordinance No. 1788. Mayor Ballanfant read the caption of Ordinance No. 1788 as follows: An ordinance authorizing the issuance of City of West University Place, Texas, permanent improvement refunding bonds, series 2005; authorizing the redemption prior to maturity of certain outstanding obligations; authorizing the advance refunding of certain outstanding obligations and the execution and delivery of an escrow agreement and the subscription for and purchase of certain escrowed securities. Copies of Ordinance No. 1788, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that the recent upturn in interest rates has not precluded the City from issuing refunding bonds. A higher interest rate allows the City a greater yield on funds invested in escrow accounts used to liquidate future debt service payments. He introduced the City?s Financial Advisor, Frank Ildebrando with RBC Dane Rauscher, Inc. Mr. Ildebrando reported that he was recommending a $25,075,000 refunding proposal that would save the taxpayers approximately $1,100,000 over the life of the agreement. The underwriting groups led by First Southwest Company were in the market place and the bonds were sold during the day. He presented an outline of the results. Tom Sage and Jonathan Frels with Vinson & Elkins, LLP, were also present at the meeting. The City Council asked questions regarding the yield comparisons and the refunding results. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1788 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 2 City Council Regular and Workshop Session, March 14, 2005 Voting Nay: None Absent: None Portable Buildings. Matters related to Portable Buildings including Ordinance No. 1789. Mayor Ballanfant read the caption of Ordinance No. 1789 as follows: An ordinance relating to Portable Buildings; 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. 1789, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno reported that the Houston Independent School District (HISD) has requested that the City amend Section 6.408 of the Code of Ordinances. HISD is intending to commence on a major remodel of existing buildings and an addition of a two-story building at the West University Elementary School. During this construction period it will be necessary to remove the existing temporary buildings and to install new temporary buildings on site for the relocation of school activities. Section 6.408 of the code regulates large portable buildings on public school property. The current ordinance states that after June 1, 2002 large portable buildings could not be installed on public school property. Staff has met with the HISD representatives concerning the proposed construction activity. They have indicated that these portable buildings will be removed when the construction is finished at the school. The proposed ordinance will allow the installation of the portable buildings on the school property during the proposed construction. Doug Fyfe with Heery International and representing the Houston Independent School District was present at the meeting. The City Council discussed the proposed changes and suggested amendments to the Ordinance. They agreed that Section 6.408, subsection b (1) should be changed to say ?the chief administrative officer of the district has certified to the City Council that such building is necessary for the district to comply with state-mandated teacher-pupil ratio requirements or other applicable laws, rules or regulations. They also agreed to change Subsection b (3) to say ? no more than 12,000 10,000 square feet of gross floor area are, or will be, included in portable buildings, large or small, on that site (: When a building permit for construction of permanent building space is in effect, Exception this square-footage limitation does not apply to portable buildings used for the construction activities or for temporary relocation of school activities.) 3 City Council Regular and Workshop Session, March 14, 2005 A motion was made by Council Member Farley, seconded by Council Member Woods, to adopt ordinance No. 1789 on the first reading amending Section 6.408 as discussed. 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 Easement and Plat of the HISD, West University Place Elementary School property. Matters related to an easement and plat of the HISD, West University Place Elementary School property. Mrs. Tesno reported that the Houston Independent School District (HISD) has submitted a proposed plat of the property at the West University Elementary School, 3756 University Boulevard to the Zoning and Planning Commission. During review of the plat, staff discovered that there was a 20? (foot) unrecorded storm sewer, a 60? (foot) utility easement with building restrictions and a waterline that was not entirely in an easement. All of these run from Auden Street to Edloe Street. The 60? (foot) utility easement had no existing utilities in it and HISD is proposing to build a new two story building in that area. Staff recommends that both the 20? (foot) unrecorded storm sewer easement and the 60? (foot) utility easement be combined into one 80? (foot) easement. Upon recommendation from the city attorney, an appraiser reviewed the proposed easement exchange. Mike Welch, Integra Realty Resources, performed the appraisal of the easement exchange. He has concluded that the easement exchange is an equivalent exchange. After consulting with the Fire Chief and the Fire Marshal it was also recommended that the existing private street (Goode Street) be platted as an access easement for emergency ingress or egress. A motion was made by Council Member Segal, seconded by Council Member Fogler, to authorize the Staff to obtain the necessary appraisal and work with the City Attorney on the documents necessary to complete the proposed exchange of easements on the school yard site and to bring it back to the City Council at the next Council meeting. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley 4 City Council Regular and Workshop Session, March 14, 2005 Assistance to Firefighters Grant Program. Matters related to an Assistance to Firefighters Grant Program from the U.S. Department of Homeland Security and the Office for Domestic Preparedness for the purchase of equipment, replacement of breathing apparatus, purchase of vehicle exhaust removal system and for a health and wellness program for the Fire Department. Fire Chief Steve Ralls reported that the Fire Department applied for an Assistance to Firefighter?s Grant through the United States Department of Homeland Security in the amount of $193,628.00. The grant project is to purchase new Personal Protective Equipment for each firefighter as well as replacing all of our Self Contained Breathing Apparatus ($97,818.00), acquiring a vehicle exhaust removal system in the fire apparatus room ($53,786.00) and to provide a Health and Wellness Program for all West University Firefighters($42,024.00). The goal is to provide asafer work environment and to ensure a fit, healthy workforce of Firefighters. The Department of Homeland Security has awarded West University Place Fire Department the grant. The Federal share is $174,266.00 and the City?s share is $19,362.00. A motion was made by Council Member Fogler, seconded by Council Member Woods, to accept the grant in the amount of $174,266.00 and approve an appropriation in the amount of $19,362.00 to fund the City?s share. 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 Employee Benefits . Matters related to employee benefits including participation in an exploratory insurance pool. Council Member Fogler stated that she requested that this item be resubmitted to the City Council because she thought there was some confusion about what exactly the Council had approved. She stated that she was concerned about the current status, the vagueness of the interlocal agreement that was presented and the lack of information about the potential for the payment of the commission to CCBS. The City Council discussed appointing a study group to determine the current status of the insurance pool, the state of the interlocal agreement and to evaluate the proposals that are eventually presented. 5 City Council Regular and Workshop Session, March 14, 2005 A motion was made by Council Member Fogler, seconded by Council Member Farley, to appoint Michael Ross, Jim Dougherty, Wendy Standorf and Council Member Segal to a Study Group to study the interlocal agreement and other facets of the program. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and Woods Voting Nay: None Absent: None Abstain: Council Member Segal City Council minutes. Matters related to the minutes of the Regular Session conducted on February 14, 2005 A motion was made by Council Member Farley, seconded by Council Member Fogler, to approve the minutes as amended. 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 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. City Manager Michael Ross reported that the Street Light Task Force has chosen the decorative street light for the city center and if there are no objections the Staff will begin to get that type of fixture installed. The Task Force could then continue to work toward the overall city light. A motion was made by Council Member Fogler, seconded by Council Member Woods, to authorize the City Staff to figure out how best to go forward with the installation of the City Center light fixtures as approved by the Street Light Task Force. 6 City Council Regular and Workshop Session, March 14, 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 The City Council recessed the Regular Session at 7:49 p.m. and reconvened in Workshop Session in the Bill Watson Conference Room. Council Member Woods left the meeting at 7:50 p.m. Workshop Session (in the Conference Room) City Secretary. Matters related to the evaluation, employment 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 7:54 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:25 p.m. City Manager. Matters related to the evaluation, employment 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 8:28 p.m. 7 City Council Regular and Workshop Session, March 14, 2005 After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 9:38 p.m. Mayor Ballanfant called for a motion. A motion was made by Council Member Segal, seconded by Council Member Fogler, to increase the City Secretary?s salary by $200 a month beginning April 1, 2005. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and Fogler Voting Nay: None Absent: Council Member Woods A motion was made by Council Member Segal, seconded by Council Member Fogler, to increase the City Manager?s salary by $300 a month in accordance with the terms of his employment agreement. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and Fogler 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 Segal, seconded by Council Member Fogler, to adjourn. The Council meeting adjourned at 9:40 p.m. 8