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CITY COUNCIL REGULAR AND WORKSHOP SESSION
MONDAY, JUNE 27, 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 June 27, 2005, with the following members present: Mayor
Ballanfant presiding, Council Members Cohen, Segal and Yehle. The City Manager, City
Secretary, City Attorney, Assistant City Manager/Public Works Director, Police Chief,
Fire Chief, Parks and Recreation Director, City Planner, Public Works Coordinator and
Assistant Finance Director were also present. Council Member Woods was absent.
The notice for this meeting was posted in accordance with the Texas Government Code,
rd
Chapter 551, on the 23 day of June 2005 at 4:00 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.
Margie Fields, 6503 Belmont, commented that she did not have access to her driveway
because of the road construction. She also commented that a vacant house on Belmont
was dilapidated and needed the City?s attention.
Susan Rachlin, 2915 Pittsburg, commented that her family did not have a safe access to
their house because of the road construction.
Gary Rachlin, 2915 Pittsburg, commented that he would front end the cost to complete
his driveway so that his family would have immediate access to their home.
Deborah Wiggins, 2911 Pittsburg, commented that she did not have access to her home
because of the road construction. She asked why the contractor was allowed to dredge up
the street if the City knew a month ago that the company was filing bankruptcy.
Parks and Recreation Master Planning.
Matters related to Parks and Recreation Master Planning including a report from the Task
Force regarding recent activity.
Nina Springer, Chair of the Parks and Recreation Master Planning Task Force, reported
on the progress of the Parks Master Plan Task Force. She stated that the Task Force is
City Council Regular Session, June 27, 2005
working primarily in two areas. The first is to develop some specific scenarios that will
be used to present to the focus groups. The scenarios fall into five categories which are
courts, fields, pools, indoor facilities and miscellaneous. The second area the Task Force
is working on is the selection of the people who actually will be on these focus groups.
The groups will each consist of 11 to 12 people.
Mrs. Springer reported that there are costs for the focus groups. The cost consists of the
facility, preparation and facilitation. For the facilities, Professor Andrew Perkins of Rice
University will give an in-kind value of about $1,500. He is also giving his professional
assistance in the design of the focus groups, which has an equivalent of about $3,500.
For facilitation, the Task Force has one professional quote of approximately $1,800.
They are looking for alternatives in hopes of getting a lower price.
Rice Pocket Park.
Matters related to the Rice Pocket Park including a report from the Task Force regarding
recent activity.
Parks and Recreation Director Tim O?Connor presented a brief update on the status of the
Task Force effort, relative to the Rice Pocket Park & Library Courtyard Action Plan. He
distributed meeting summaries from the Task Force meetings that have been conducted to
date. He also presented a proposed action plan and timeline for obtaining requests for
qualifications for a landscape architect.
Mayor Ballanfant requested that a fountain be considered in the design of the park.
Council Member Segal commented that a fountain is obviously a Council decision but the
Task Force considered the water feature and for various reasons unanimously decided
against recommending it.
Friends of West University Place Parks Fund.
Matters related to the Friends of West University Place Parks Fund including Resolution
No. 2005-05 appointing Susan Boyce as a member.
Mr. O?Connor commented that the Friends would like for Council to consider appointing
Susan Boyce as a member of the Board of Directors of the Friends of West University
Place Parks Fund, Inc. Ms. Boyce?s credentials are commendable and the Friends believe
she will be a tremendous asset to the board.
Council Member Segal suggested that the Council have an opportunity to interview Ms.
Boyce prior to appointing her to the Board.
The Council will interview Ms. Boyce before the next Regular Session.
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City Council Regular Session, June 27, 2005
A motion was made by Council Member Cohen, seconded by Council Member Yehle, to
table consideration of Resolution No. 2005-05 until the next meeting.
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
National Incident Management System.
Matters related to a National Incident Management System including Ordinance No. 1805
Mayor Ballanfant read the caption of Ordinance No. 1805 as follows:
An ordinance relating to Homeland Security and the National Incident Management
System; 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. 1805, in the form proposed for adoption, were available in the
Council Chambers.
Fire Chief Steve Ralls reported that developed by the Secretary of Homeland Security at
the request of the President, the National Incident Management System (NIMS) integrates
effective practices in emergency preparedness and response into a comprehensive
national framework for incident management. The NIMS will enable responders at all
levels to work together more effectively to manage domestic incidents no matter what the
cause, size or complexity. Further, for the City to remain eligible for Federal and State
Grant and other Emergency funding, the City must formally adopt NIMS to serve as its
official Incident Management System.
Council Member Yehle asked if there were any obligations that the City would pick up
with the NIMS or would it oblige the City to spend monies to be in some preparedness
program to their standard.
Mr. Ralls stated that there is some required internet based training that is free.
A motion was made by Council Member Segal, seconded by Council Member Cohen, to
adopt Ordinance No. 1805 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and
Yehle
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City Council Regular Session, June 27, 2005
Voting Nay: None
Absent: Council Member Woods
Budget and orientation.
Matters related to the 2006 Budget including orientation, meeting schedule, procedures
and liaisons.
City Manager Michael Ross presented the following report:
The city?s budget officer (the City Manager) must prepare a proposed budget for
the City Council?s consideration ();
Local Government Code
The City Council must adopt an Annual Budget and conduct the financial affairs
of the city in conformance with that Budget ();
Local Government Code
Council must adopt a Budget before taxes are levied (;
Charter)
The Budget for each fiscal year must be adopted before the first day of the fiscal
year (January 1, 2006) ();
Local Government Code
Failure to adopt the Annual Budget results in the appropriations of the last budget
adopted to be considered adopted ();
Charter
The Budget must be adopted no later than 60 days after the City receives the
Certified Tax Roll or by September 30, 2005, whichever is later ();
Tax Code
The budget must be on file with the City Secretary available for inspection by any
taxpayer for at least 30 days before adoption ();
Local Government Code
The City Council must conduct a public hearing which must be at least 15 days
after the budget is filed with the City Secretary ();
Local Government Code
The City must publish several comparison tax rates, including the
effective tax
which is the rate that will produce the same tax revenue as the prior year, and
rate
a which is 8% over last years maintenance rate plus the current debt
rollback rate
service rate ();
Tax Code
If the tax rate proposed in the Budget exceeds the effective tax rate, Council must
take a record vote and the City must publish a quarter page notice in a local
newspaper and set a public hearing ().
Tax Code
After the first public hearing, Council sets a date and time to vote on the tax rate
and publishes another quarter page notice ().
Tax Code
New legislation requires a second public hearing, the timing of which is unclear
().
Tax Code
A tentative schedule has been prepared to meet these regulations that:
Calls for Council to receive Budget Workbooks on August 22, 2005.
Provides for several budget workshops.
Calls for a record vote on tax rate increase on September 12, 2005.
Provides for Public Hearings on September 26, October 3, and October 10
2005.
Calls for a first and final reading of the ordinances on October 10, 2005
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City Council Regular Session, June 27, 2005
Changes in the enacted by the most recent congress of the State Legislature
Tax Code
have added a public hearing and increased the requirements to publish notices. These
changes are still under consideration by the State Comptroller, who has the responsibility
of issuing regulations on implementing the new requirements. The Staff has made an
effort to include the new requirements in the attached Calendar, but changes may be
necessary once the regulations are released.
Members of the City Council asked questions about the orientation procedures.
Council Member Segal suggested that members of the City Council be included in the
departmental budget meetings with the City Manager.
City Council minutes
Matters related to the minutes of the Special and Regular Session conducted on June 13,
2005.
A motion was made by Council Member Woods, seconded by Council Member Cohen, to
approve the minutes of the Special and Regular Sessions conducted on June 13, 2005 as
presented.
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
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 the Staff has preliminary plans and specifications for the
streetlights in the City Center. Center Point Energy is reviewing the plans to see if they
have any comments.
Mayor Ballanfant inquired about the railroad quiet zone.
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City Council Regular Session, June 27, 2005
Mr. Ross stated that the City of Houston has sent out a request for comments from anyone
who could be affected by the crossings. The Staff has sent a letter to the City of Houston
stating that the City of West University supports their efforts to establish the quiet zones.
Mayor Ballanfant asked if the City Council would be interested in having the City?s
representatives from the Metropolitan Transit Authority report on their most recent
efforts.
Council Member Yehle stated that he would be interested in hearing the representatives
talk about things that they might be promoting or things that they are aware of that might
affect our area.
The City Council recessed the Regular Session at 7:26 p.m. and reconvened in Workshop
Session at 7:35 p.m.
Workshop Session (in the Bill Watson Conference Room)
Infrastructure work in Priority Areas 10 and 11B.
Matters related to infrastructure work in Priority Area 10 and 11B and Contractor
Technology, LTD.
City Attorney Jim Dougherty reported on the bankruptcy of Contractor Technology, LTD.
The City Council asked numerous questions regarding the bond company and finding a
replacement contractor to complete the infrastructure work. They also discussed
problems with driveway access and exposed waterlines.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to
authorize the City Manager to spend up to $25,000 to correct deficiencies in water lines
on Nottingham between Kirby and Wakeforest.
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
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 questions,
house under construction, legal defense, permits, administrative proceedings, pending or
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City Council Regular Session, June 27, 2005
contemplated litigation or a settlement offer, and purchase, exchange, lease or value
of real property and related issues.
Present at the meeting were Mayor Ballanfant, Council Members Cohen, Segal and
Yehle.
A motion was made by Council Member Segal, seconded by Council Member Woods, to
allow City Attorney Jim Dougherty, City Manager Michael Ross, City Secretary Kaylynn
Holloway, Assistant City Manager/Public Works Director Ron Wicker, City Planner Nes
Tesno and Special Counsel Mark Breeding to attend the Executive Session.
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
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 Sections 551.071 and 551.072, Texas
Government Code
After the announcement, the City Council conducted a closed, executive session
beginning at 8:10 p.m.
After the closed, executive session, the Mayor announced, in open session, that the City
Council had concluded its closed, executive session at 9:10 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. The
Council meeting adjourned at 9:11 p.m.
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