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HomeMy WebLinkAbout101005R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, OCTOBER 10, 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 October 10, 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, Finance Director, Public Works Coordinator, Human Resource Manager and Assistant to the City Manager were also present. Council Member Woods arrived at 6:20 p.m. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 6 day of October 2005 at 4:00 p.m. Municipal Court. Matters related to the municipal court including the appointment, employment, evaluation, reassignment, or duties of a public officer or employee. The City Council interviewed Patrick Stallings for the position of Assistant Prosecutor. 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. Attending the Closed Executive Session were Mayor Ballanfant, Council Members Cohen, Segal and Yehle and Presiding Judge Candelario Elizondo. After the announcement, the City Council conducted a closed, executive session beginning at 5:36 p.m. During the closed session, Judge Elizondo left the meeting. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 5:48 p.m. City finances, facilities, programs, 2005 tax rate and the 2006 Budget. Matters related to city finances, facilities, programs, 2005 tax rate and the 2006 Budget including revenues and expenditures for current and future years for all funds, and capital City Council Special and Regular Session, October 10, 2005 improvements, priorities and related programs and expenditures, including recreation facilities, parkland and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, traffic and parking and other public improvements. City Manager Michael Ross reviewed the 2006 proposed Budget. The proposed Capital Improvement Projects and Fund Accounts were reviewed in detail along with a Capital Improvement 5-year plan. The City Council recessed the Special Session at 6:35 p.m. to convene in Regular 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. There were not any citizens who wished to address the City Council at this time. 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 that thus far the Task Force began with reviewing the 2000 Parks Master Plan and the Parks Survey. As a result of studying those documents and doing some analysis of other kinds of information that the Task Force had available, they identified four focus areas for parks. These areas are pools, indoor facilities, neighborhood parks and courts, and green space and mini-parks. They also included miscellaneous items such as access to parks and parking issues. Mrs. Springer stated that the Task Force then identified a limited set of scenarios that they thought would be potential candidates for a master plan. Five focus groups consisting of eight or more citizens reviewed the scenarios. Each focus group met at Rice University at no cost and was administered by Andrew Perkins and facilitated by two residents of West University who also donated their time. The tapes are available for the City Council to review. The next steps will be for the Task Force to develop conclusions from the focus sessions by mid November. From these conclusions a limited set of scenarios will be developed. These scenarios will potentially be brought to the Parks and Recreations Department and City Staff for their review. Then a sixth and final focus group will review the list of 2 City Council Special and Regular Session, October 10, 2005 scenarios and from that review a draft master plan report will be generated. This draft should be brought to Council sometime in February of 2006. Public Hearing (Budget). Public hearing to consider the 2006 proposed budget covering all funds for the City of West University Place. Mayor Ballanfant invited citizens to comment or ask questions regarding the proposed 2006 budget. There were no citizens who wished to speak. Public hearing (Tax Rate). Public hearing to consider ad valorem taxes, including the proposed tax rate for 2005 and related matters. Mayor Ballanfant invited citizens to comment or ask questions regarding the 2005 tax rate. There were no citizens who wished to speak. Ordinance granting Franchise. Matters related to Ordinance No. 1812. Mayor Ballanfant read the caption of Ordinance No. 1812 as follows: An ordinance granting to 3642 University Partners, LP the right, privilege and franchise for a period not to exceed ten years to maintain, occupy and repair portions of an existing building within portions of two streets in the City of West University Place, Harris County, Texas: providing terms and conditions controlling the use of such streets; providing for a rental charge; and containing findings and other provisions relating to the subject. Copies of Ordinance No. 1812, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Ron Wicker stated that this is the second reading of Ordinance No. 1812. He stated that at the last meeting the Mayor had some questions about how the annual fees were derived and asked that the Staff take a look at the cost per square foot the owner is charging the tenants. They have approximately 100 square feet encroaching on City property. They charge in a range of $1.64 to $2.34 per square foot per month. Using an average of $2.00, the cost is $2,400 per year so there is a 3 City Council Special and Regular Session, October 10, 2005 discrepancy between the $750 fee that was originally proposed and what the owner is charging per square foot. The City Council discussed the square footage of the building and the value of the land. It observed that although the value suggested by this method was greater than the proposed $750, the two numbers were not directly comparable because the estimated $2.00 per square foot monthly rental rate was for developed space not raw land. The $750 per annum rate was found to be appropriate for setting the franchise fee. City Attorney Jim Dougherty stated that the ordinance should be amended to incorporate the new survey. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1812 on the second and final reading and attaching the revised survey and leaving the $750 fee as approved on the first reading. A vote was taken on the motion with the following result: Voting Aye: Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Abstain: Mayor Ballanfant The motion passed 5-0 Drought Contingency Plan. Matters related to a drought contingency plan including Ordinance No. 1814. An ordinance relating to drought contingency planning, water conservation and enforcement; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Operations Superintendent Patrick Walters reported that the City of West University Place is required by Title 30 Texas Administrative Code (TAC) Chapter 288.30(5)(A) to submit a drought contingency plan to the Texas Commission on Environmental Quality (TCEQ) Executive Director. This plan must include specific quantified targets in water pumpage reductions to be achieved during periods of drought or water shortage. The purpose of the plan is to encourage consumer conservation in order to maintain adequate water supply especially during periods of drought or periods of other emergencies. This proposed plan currently meets TCEQ requirements. The plan is now being presented to City Council for review and comment, and is simultaneously being made 4 City Council Special and Regular Session, October 10, 2005 available to the public via the city website for review and comment. After receipt of comments, any necessary plan revisions will be made, at which time a final draft will be presented to City Council. Council Member Woods asked questions about mandatory compliance and enforcement. He stated that the full text of the plan should be placed on the website and in a press release to the citizens. Council Member Cohen commented that service could only be suspended for violation of the mandatory provisions. She asked that this be clarified in the plan. Council Member Yehle noted the plan does not afford equal treatment to all water intensive businesses and consideration should be given to separating business and from residential controls, with careful thought being given to controls that would shut down any business during periods of Moderate Restrictions. The City Council agreed that any references to a car wash or a golf course should be deleted. Audio/Visual Equipment. Matters related to audio/visual equipment including proposals received July 27, 2005 and award of contract. Mr. Ross reported that the City has budgeted $50,000 in the 2005 budget for Audio/Visual improvements to the Council Chambers and the Conference Room. In July the City requested competitive Request for Proposals (RFP?s) for AudioEquipment and Services. The City received 4 proposals from reputable firms and after careful review has selected Audio Visual Technologies Group, Inc. (AVTI) of Stafford, Texas. AVTI is a firm with considerable experience providing similar audio/visual services for municipal organizations, such as the cities of Webster, Bellaire, LaPorte, Pearland and Sugar Land. The scope of work includes the following audio/visual enhancements to the council chambers and the Conference Room. Laptop connections for City officials. Integrated presentation lectern. Document camera. New audio recording system One touch presentation controls Presentation screens for the audience, City Council and staff. Audio/visual connection between the Council Chambers and conference room. The total amount of the proposal is $57,030. 5 City Council Special and Regular Session, October 10, 2005 Mr. Ross stated that the Staff is recommending that Council appropriate an additional $7,030 from the Capital Projects Contingency Fund and authorize the City Manager to enter into an agreement with AVTI to install the audio/visual improvements for the City Hall Council Chambers and Conference Room for an amount not to exceed $57,030. Council Member Yehle stated that improved audio for the audience was absolutely vital. Council Member Woods asked what accounts for a 14% overrun. Mr. Ross stated that he did not know what it was going to cost until all of the proposals came in. There are things that can be excluded to keep the costs down at this time. Council Member Segal asked if AVTI submitted the low bid. Mr. Ross stated that it was slightly higher than the lowest bid but by far the best bid because they have completed similar projects in other cities. It will take approximately 3 weeks to do the work once all the equipment is received. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to appropriate an additional $7,030 from the Capital Project Contingency Fund and authorize the City Manager to enter into an agreement with Audio Visual Technologies Group, Inc. to install the audio/visual improvements for the City Hall Council Chambers and Conference Room for an amount not to exceed 57,030. 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 Police Facility and Emergency Operations Center. Matters related to the Police facility and an emergency operations center. Police Chief Ken Walker reported that at the City Council budget workshop on September 28, 2005, a topic of discussion was the current Police Station and Emergency Operations Center (EOC). The current Police Station was constructed in 1984 and is approximately 5,600 sq. ft. in size. In 2002, the City completed a building assessment performed by Brinkley Sargent Architects to evaluate the existing building and develop conceptual options for a new facility of approximately 16,300 sq. ft. The estimate for a new building at that time was approximately $4.5 million. 6 City Council Special and Regular Session, October 10, 2005 Over the years, the City has undertaken minor restoration and repairs to correct problems associated with flooding from Tropical Storm Allison. The Police Station has emergency power backup to operate the facility in limited capacity, but during Tropical Storm Allison the police dispatch operations had standing water that interfered and restricted emergency operations. The current EOC is in the Bill Watson Conference Room. This room was also flooded during Tropical Storm Allison and does not have emergency power backup. Chief Walker stated that he and the Fire Chief feel a sense of urgency to complete the expansion project. Council Member Segal stated that the 2006 Budget contains funds to get the study going to look at the project. Council Member Woods suggested that a part of the study be to look at flood protection for the entire municipal complex. Auden Street Sidewalk and Enhancement Project. Matters related to the Auden Street Sidewalk and Enhancement Project. Mr. Ross asked that this item be withdrawn at this time. Appointment of Municipal Court Assistant Prosecutor. Matters related to the appointment of a Municipal Court Assistant Prosecutor including Resolution No. 2005-13. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve Resolution No. 2005-13 appointing Patrick Stallings as a Municipal Court Assistant Prosecutor 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: None Abstain: Council Member Woods Council Member Woods abstained because he was unable to attend the interview. The motion passed 5-0. 7 City Council Special and Regular Session, October 10, 2005 Harris County Appraisal District. Matters related to Harris County Appraisal District and its Board of Directors including Resolution No. 2005-07. The City Council agreed to withdraw this item. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on September 12, 26 and 28, 2005. A motion was made by Council Member Segal, seconded by Council Member Woods, to approve the minutes conducted on September 12, 26 and 28, 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 reminded the Council that the second public hearing on the tax rate was scheduled for October 17, 2005. The City Council recessed the Regular Session at 7:52 p.m. and reconvened in Special Session at 8:00 p.m. The City Council continued their review of the proposed budget. They discussed the staffing needs of the Finance Department and Municipal Court. The City Council requested that the Finance Director meet with the Presiding Judge to discuss training and staffing needs of the Municipal Court. 8 City Council Special and Regular Session, October 10, 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. Mr. Ross reported that the attorneys and the engineers continue to try to work on a Tri- Party Agreement. He stated that they hoped to have completion contracts for the paving in Priority Areas 10 and 11B with Metro City. The idea is to take sidewalk segments of those two projects, combine those with Area 9 and have a stand-alone sidewalk project with Southern Customs at a lower rate than what Metro City would charge. This may be more attractive to the St. Paul Traveler?s Bonding Company. It would save them money by West University going out and shopping those rates to a contractor that the City is already familiar and working with. The City Manager suggested that the City Council authorize him and the City Attorney to sign the agreements when they are ready, knowing the amount will not exceed the original contract amount or to post notices of meetings so that the Council could act immediately on the agreements. A motion was made by Council Member Woods, seconded by Council Member Segal, to authorize the City Manager with the help of the City Attorney to execute the agreements as developed to date in an amount not to exceed the available contract balances. 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 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 Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Jim Dougherty 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. 9 City Council Special and Regular Session, October 10, 2005 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 551.071 and Section 551.072 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 8:25 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:30 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. 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 8:31 p.m. 10