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HomeMy WebLinkAbout082205R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, AUGUST 22, 2005 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 August 22, 2005, 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, Building Official, Fire Chief, Police Chief 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 August 2005 at 4:50 p.m. Special Session Municipal Court. Matters related to the municipal court including interview of candidates for Associate Judge and Assistant Prosecutor. The City Council interviewed Marilyn Griffin and John Vogel for the position of Assistant Prosecutor. Goals and objectives. A motion was made by Council Member Segal, seconded by Council Member Yehle, to consider Agenda Item #3 before Item #2. 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 Infrastructure work in Priority Areas 9, 10, and 11B. Matters related to infrastructure work in Priority Areas 9, 10 and 11B including authorizing and approving an agreement with St. Paul Travelers, related contracts, agreements, surety bonds, completion, phasing, planning, etc. City Council Regular Session, August 22, 2005 City Manager Michael Ross reported that the Bonding Company did not receive any bids for the replacement contracts for Priority Areas 10 and 11B. The Staff has continued to assess the condition of those roadways and the area is to a point where it is unsafe to travel. He presented a list of roadways that had critical work items. The emergency work is priced at the same per unit price as the last emergency contract by MetroCity. The total for this work is $433,134.50. Mr. Ross asked that the City Council authorize him to work with the Bonding Company to amend the existing emergency contract to include the additional critical items. Mike Vandewater and Steve Ratcliff, Consulting Engineers from Claunch & Miller, Inc., were available during the meeting to answer questions. The City Council addressed legal implications of the city acting unilaterally under the contract and also expressed the desire to limit work items to only those that were truly emergencies. After a complete discussion of this item, Mayor Ballanfant called for a motion. A motion was made by Council Member Segal, seconded by Council Member Cohen, to authorize the City Manager, with the consent of the Bonding Company of the line item request, to go forward with the items on the list that are necessary to preserve or protect the public health or safety of the municipality?s residents and to limit the work items to those that are truly necessary to preserve or protect the public health and safety of the residents and that cannot wait until bids can be taken in the normal matter, and that Council makes a legislative finding that those work items are necessary to achieve this purpose, it is necessary to act at once, without taking competitive bids with the consent of the Bonding Company and if there are questionable items the City Manager should return to the City Council for approval and the amount of the emergency contract is not to exceed $433,134.50. 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 6:35 p.m. to convene in Formal Session. 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. 2 City Council Regular Session, August 22, 2005 Amy Curtis, 2704 Nottingham, commented that she was concerned about the safety and sanitation of her street because of the unfinished infrastructure. Chris Curtis, 2704 Nottingham, commented that he was concerned about having emergency access to their street because of the construction. David Estrada, 2707 Nottingham, commented on the condition of his street. He presented pictures of the unfinished infrastructure project. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2005-08 reappointing members to the Board. Executive Director Donna LaMond reported that the Friends would like for Council to consider reappointing Maria Elena Herbst, Vicki Grams, Lynne Goddard, and Charles Henke as members of the Board of Directors of the Friends of West University Place Parks Fund, Inc. These current board members have terms that expire at the end of August 2005 and contingent upon Council approval would have new term expiration dates of August 31, 2008. A motion was made by Council Member Segal, seconded by Council Member Cohen, to approve Resolution 2005-08 appointing Maria Elena Herbst, Vicki Grams, Lynne Goddard, and Charles Henke as members of the Board of Directors of the Friends of West University Place Parks Fund, Inc. 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 Harris County Appraisal District. Matters related to Harris County Appraisal District and its Board of Directors including Resolution No. 2005-07. Mayor Ballanfant read the caption of Resolution No. 2005-07 as follows: A resolution of the City Council of the City of West University Place, Texas nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District. 3 City Council Regular Session, August 22, 2005 City Manager Michael Ross reported that the Chief Appraiser of the Harris County Appraisal District is requesting a nomination for a director of the Board of Directors to represent the City Councils of the cities other than Houston. Mayor Ballanfant stated that the current representative is Bill Harry who is seeking re- election. Council Member Segal requested that Mr. Harry be invited to attend the next City Council Meeting. Council Member Woods suggested that other candidates be considered for nomination also. This item will be considered at the next meeting. Address Numbers. Matters related to address numbers including Ordinance No. 1808. Mayor Ballanfant read the caption of Ordinance No. 1808 as follows: An ordinance related to address numbers; 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. 1808, in the form proposed for adoption, were available in the Council Chambers. Fire Chief Steve Ralls, reported that currently there exists a conflict between the City?s Code of Ordinances Section 6.409 and the International Fire Code, 2000 Ed. (IFC) pertaining to the location and size of address numbers. Ordinance No. 1808 will remedy the conflict between the City?s current requirement and the IFC. Council Member Yehle stated that he was concerned that the amendment would place a very high percentage of all houses out of compliance and that the lettering that is readily available at hardware stores largely does not conform to the recommendation from Staff. He stated that unless there is some legal reason, the addresses should just be readable from the street. Council Member Segal stated that the Senior Services Board was concerned about a number of senior citizens living in houses that do not have addresses prominent and in the dark they may be hard to find. Council Member Segal suggested an addition to the proposed requirements ?that the Building Official may upon application by an owner of a property approve continued use 4 City Council Regular Session, August 22, 2005 of an address and/or building number in use on such date which does not satisfy the provisions of paragraphs (3) (ii) and (3) (iii) above (relating to size and contrasting color), if the Building Official determines that such number satisfies the provisions of paragraphs (1) and (2) above (being officially assigned and clearly visible and legible from the street on which the number was assigned.? Council Member Yehle stated that he agreed with the suggestion by Council Member Segal but added that only Arabic numerals be allowed. After more discussion of this item, the City Council requested that the Staff rework the Ordinance and bring it back to the next meeting for consideration. Fire Protective equipment. Matters related to fire protective equipment including bids received August 15, 2005 for the purchase of coats and trousers and expenditure from the Federal Assistance to Firefighters Grant. Mr. Ralls reported that in March 2004, the Fire Department applied for and received a Federal Assistance to Firefighters Grant (FAF) to replace the Department?s aging Personal Protective Equipment (PPE). The PPE is the equipment firefighters use to operate in most hazardous environments and consists of the pants and coat. The typical lifespan of the equipment on average is 5-10 years depending on the environmental conditions experienced. Currently the 34 PPE being replaced are on average 6-8 years old and their replacement will provide the Firefighters with the best personal protective clothing available. The following bids were received: NAFECO Woodlands, TX $49,419.00 MES-Four Alarm Houston, TX $49,810.00 Lion Apparel Desoto, TX $55,726.00 The allowed amount under the FAF grant is $47,600, of which the City is required to provide $4,760 (10%) in matching funds. In addition the City will expend an additional $1,819 ($53.50 per coat) to install a Firefighter Rescue Harness. This harness will be required on all equipment purchased after January 1, 2006. A motion was made by Council Member Woods, seconded by Council Member Yehle, to approve the bid in the amount of $49,419.00 from North America Fire Equipment Company and authorize the City Manager to take any additional actions necessary to implement the intent of the City Council A vote was taken on the motion with the following result: 5 City Council Regular Session, August 22, 2005 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None City owned property located at Westpark Drive and Wakeforest Street. Matters related to the city owned property located Westpark Drive and Wakeforest Street including sell, lease or other related matters and a listing agreement. City Manager Michael Ross commented that as part of the City Council Goals and Objectives, the possible sale or lease of the city owned property at Westpark & Wakeforest Drive has been a high priority. In an effort to expedite and maximize the City?s return on this property, Staff has enlisted the assistance of a Marshall S. Clinkscales, Jr. of MSC Properties. The original listing agreement has been re-worked with the assistance of Rick Spencer, P.C. Mr. Spencer commented on the listing agreement and addressed some suggested changes. Members of City Council commented on other possible uses for the property. Mr. Spencer reported that the Council has the ultimate veto on whether they want to sale or lease the property. Listing the property would give the Council and Staff an idea of the value. A motion was made by Council Member Woods, seconded by Council Member Cohen, to approve the Exclusive Listing Agreement with MSC Properties; and authorize the City Manager to take any additional actions necessary to implement the intent of the City Council. 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 August 8, 2005. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve the minutes of the meetings conducted August 8, 2005 as amended. 6 City Council Regular Session, August 22, 2005 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. Mayor Ballanfant commented that he signed the Interlocal Agreement with the City of Houston on the Quiet Zone. The City Council recessed the Regular Session at 7:30 p.m. and reconvened in Special Session at 7:38 p.m. Goals and objectives. Matters related to the Council?s proposed goals and objectives including drainage and sidewalks. Mr. Vandewater addressed the progress on the flooding and drainage project. The City Council discussed the current sidewalk projects and reviewed their list of goals and objectives for 2005-2007. They requested that the City Manager prepare a detailed map based upon the Sidewalk Plan of where there are currently sidewalks and ramps and where there will be 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. 7 City Council Regular Session, August 22, 2005 Present at the meeting were Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle. A motion was made by Council Member Yehle, seconded by Council Member Woods, to allow City Attorney Jim Dougherty, City Manager Michael Ross, City Secretary Kaylynn Holloway, and Assistant City Manager/Public Works Director Ron Wicker to attend the Executive Session because their presence is necessary for the Council?s consideration of the issues. 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 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 8:40 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:55 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 Woods, to adjourn. 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 Council meeting adjourned at 8:56 p.m. 8