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HomeMy WebLinkAbout091205R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, SEPTEMBER 12, 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 September 12, 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, 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 8 day of September 2005 at 4:50 p.m. Harris County Appraisal District. Matters related to the Harris County Appraisal District including introduction of the current representative from the Board. Bill Harry, a representative from the Harris County Appraisal District, introduced himself to the City Council and spoke to them regarding his position and duties as a member of the Board. Municipal Court. Matters related to the municipal court including interview of candidates for Associate Judge and Assistant Prosecutor. Terry Yates, Assistant Prosecutor for the City of West University Place, was interviewed by the City Council for the position of Associate Judge. The City Council also interviewed Charles Thompson and Gardner Eastland for the position of Assistant Prosecutor. Friends of West University Place Parks Fund Board. Matters related to the Friends of West University Place Parks Fund Board including interview of Sue Jensen. The City Council interviewed Sue Jensen for a position on the Board of the Friends of West University Place Parks Fund. City Council Special and Regular Session, September 12, 2005 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 Manager Michael Ross reported that the City Staff had negotiated all of the emergency work with Metro City Contractors. The expected completion date is around sixty days. 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 Staff discussed the current situation with the property at 3936 Marlowe. The City Council requested that the Staff prepare a notice to be delivered to all of the residences in a 200-foot radius of the property. 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. There were not any citizens who wished to address the City Council at this time. Constitution Week. Matters relating to a Proclamation recognizing Constitution Week on September 17 through 23. Mayor Ballanfant read and signed the Proclamation proclaiming September 17 through September 23, 2005 as Constitution Week. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2005-09 appointing a member to the Board. Donna LaMond, Executive Director of the Friends of West University Place Parks Fund, Inc., reported that the Friends would like for the Council to consider appointing Sue 2 City Council Special and Regular Session, September 12, 2005 Jensen as a member of the Board of Directors. Ms. Jensen?s credentials, as outlined on her application, are commendable and she will be a tremendous asset to the board. A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve Resolution 2005-09 appointing Sue Jensen as a member 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 Appraisal Roll, Tax Rates, etc. Matters related to the 2005 Appraisal Roll, effective tax rate, etc. and including Resolution No.2005-11. Mayor Ballanfant read the caption of Resolution No. 2005-11 as follows: A resolution acknowledging receipt of Appraisal Roll, Assessor-Collector?s certificate and related information; designating a person to calculate certain tax rates, make certain publications and perform other related tasks; deciding on the amount of surplus and unencumbered funds to be used to pay debt service; and containing related provisions. Finance Director Walter Thomas reported that the State of Texas has adopted Truth in Taxation laws that require, among other things, that the City Council formally receive certain specific information about the property tax roll, including: Council to acknowledge the receipt of the certified appraisal roll from the Chief Appraiser. Two comparative tax rates: The is the rate that the City would effective tax rate levy to generate the same property tax revenue as the preceding tax year. The roll is the effective tax rate adjusted for changes in the City?s debt back tax rate service plus an eight percent increase to the effective maintenance and operation tax rate. These rates provide information to the Council about the City?s tax revenues. They also provide triggers for additional required publication of information about the City?s property taxes and, in some cases, an opportunity for the citizens to invalidate a proposed property tax increase. The Effective Tax Rate for tax year 2005 is $0.411008 per $100 valuation and the Roll Back Tax Rate for tax year 2005 is $0.431440 per $100 valuation. 3 City Council Special and Regular Session, September 12, 2005 Failure to comply with the requirements of the Truth in Taxation laws could result in delays in assessing the 2005 property taxes or in injunctions against collecting 2005 property taxes. A motion was made by Council Member Cohen, seconded by Council Member Woods to adopt Resolution 2005-11. 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 Municipal Court Costs. Matters related to the Municipal Court costs including Ordinance No. 1809. Mayor Ballanfant read the caption of Ordinance No. 1809 as follows: An ordinance relating to court costs; amending Chapter 14 and the fee schedule of 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. 1809, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that Ordinance 1809 establishes the Municipal Court Building Security Fee of $3 per conviction and creates the Municipal Court Building Security Fund. State Law allows the City to assess a $3 fee to cover the cost of providing security services or installing, improving or maintaining building security features, such as, bulletproof glass, metal detectors, and identity card systems. Based on current conviction rates, staff estimates the building security fee will generate approximately $4,900 in annual revenues. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adopt Ordinance No. 1809 establishing the Municipal Court Building Security Fee and creating the Municipal Court Building Security Fund on the first 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 4 City Council Special and Regular Session, September 12, 2005 Appointment of Municipal Court Judge and Prosecutor. Matters related to the appointment of a Municipal Court Judge and Prosecutor including Resolution No. 2005-10. A motion was made by Council Member Segal, seconded by Council Member Cohen, to consider this item at the end of the meeting. 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. This item was withdrawn from consideration at this time. Appointment of Assistant City Secretary. Matters related to the appointment of an Assistant City Secretary. City Secretary Kaylynn Holloway reported that Article VI, Section 6.03 of the Home Rule Charter allows the City Secretary to appoint Assistant City Secretaries in number as approved by the Council. The appointment of an Assistant City Secretary would allow them to use the City Seal, authenticate official documents and perform other duties in the absence of the City Secretary. A motion was made by Council Member Woods, seconded by Council Member Cohen, to approve the appointment of Dave Beach as an Assistant City Secretary. 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 School crossing guards. Matters related to the West University Elementary School crossing guards. 5 City Council Special and Regular Session, September 12, 2005 Ken Walker, Police Chief, addressed traffic problems around the West University Elementary School. He stated that the problem seems to be that the Guards were failing to let pedestrians queue up before stopping traffic and assisting them across the street. Chief Walker stated that Karen Johnson, the HISD School Crossing Guard Supervisor, met with the school Crossing Guards about the problems and things seem to run better after she spoke with them. HISD has also put Crossing Guards at Weslayan and University and Weslayan and Rice. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on August 22, 2005. A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve the minutes of the meetings conducted August 22, 2005 as amended. 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. Mr. Ross reported that the City Staff and representatives from Claunch & Miller, Inc. held a meeting with the residents of Southwestern Street regarding the drainage plans in their area. Mr. Ross also reported that he signed the Listing Agreement for the Westpark property. 6 City Council Special and Regular Session, September 12, 2005 Appointment of Municipal Court Judge and Prosecutor. Matters related to the appointment of a Municipal Court Judge and Prosecutor including Resolution No. 2005-10. A motion was made by Council Member Segal, seconded by Council Member Yehle, to allow City Attorney Jim Dougherty and City Secretary Kaylynn Holloway 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 Section 551.074 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 7:05 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 7:12 p.m. Mayor Ballanfant called for a motion. A motion was made by Council Member Segal, seconded by Council Member Cohen, to adopt Resolution No. 2005-10 appointing Terry Yates as an Associate Judge and to not appoint an Assistant Prosecutor at this time. 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 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. 7 City Council Special and Regular Session, September 12, 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 The Council meeting adjourned at 7:14 p.m. 8