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,
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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
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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.
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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
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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.
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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.
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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.
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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.
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