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HomeMy WebLinkAbout121304R CC Min CITY COUNCIL REGULAR SESSION MONDAY, DECEMBER 13, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on December 13, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley and Woods. The City Manager, City Secretary, Assistant City Manager/Public Works Director, Police Chief, Fire Chief, Parks and Recreation Director, City Planner and Human Resource Manager were also present. Council Member Fogler was absent. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 9 day of December 2004 at 4:20 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. Stan McCandless, 3712 Rice, spoke to the Council about helping some of the senior citizens with home repairs by identifying professional contractors. Brennan Reilly, 3731 Rice, commented that he opposed the proposed amendment to the noise ordinance. He stated that the concern regarding the effect of the new quiet hours on youth sports is unfounded and that the proposed amendment as drafted exempts youth sports from all noise ordinance regulations whatsoever. Serpell Edwards, 3751 Rice, opposed the proposed amendment to the noise ordinance and quiet hours. Michael Lewitton, 3735 Rice, commented that he wanted to be treated like every other resident. He also opposed any amendment to the noise ordinance. Allison Lipschulte, 3735 Rice, commented that she agrees with the other speakers. Helena Reilly, 3731 Rice, opposed the proposed amendment to the noise ordinance and quiet hours. She mentioned other residents on Rice who were also opposed but were unable to attend the meeting. City Council Regular Session, December 13, 2004 Leo Sacchi, 3768 Rice, asked that the speaker system at the Little League Field be regulated. Group employee benefit coverage. Matters related to group employee benefit coverage including proposals received December 6, 2004 for (a) Medical (b) Dental (c) Vision (d) Basic Life Insurance, Long-term Disability and Accidental Death & Dismemberment. Human Resource Manager Wendy Standorf reported that the city released a request for sealed proposals (RFP) for employee group health benefits, including medical and dental insurance coverage. The City also included in the RFP, Basic Life Insurance, Accidental Death & Dismemberment coverage, (including the additional coverage for peace officers and certified fire personnel), Long-Term Disability coverage and optional vision care coverage, whose coverage expires at the end of the plan year. The City received one proposal for employee medical insurance. This could be for a variety of reasons including the group make-up, group size, holiday season, etc. Cigna Healthcare provided a proposal according to the 2004 HMO and POS Plan and a proposal with plan benefit changes for the 2005 plan year in order to lower the monthly premium. In addition, an alternate plan was requested in the RFP. Cigna provided an alternative Open Access Plan at the current (2004) benefit level. The Open Access Plan operates essentially like a PPO (freedom to visit any provider; lower out-of-pocket expenses and no claim forms with participating providers; no referrals; access to a nationwide network of doctors and hospitals with in-network benefits) and the cost is lower than the renewal cost for the HMO and the POS at 2004 benefit levels. The 2005 Budget includes funding in the amount of $773,470 for the city?s portion of medical and dental insurance premiums and $34,610 for Term Life, AD&D & LTD (a total group health benefit budget of $808,080). The estimated city?s expense for medical and dental health benefits is $757,531 and the city?s expense for Term Life, AD&D & LTD is $25,000 (a total cost of $782,531); based on current participation levels. This is within the 2005 budgeted funding level. The City will continue to absorb 100% of the cost for employee medical coverage. The City will contribute 80% toward dependent medical insurance premiums (well above the 49.1% average contribution for dependent coverage paid by cities regionally) and the employee will contribute 20% to their dependent medical insurance premiums. The City will continue to absorb 100% of the DHMO employee dental coverage. The City will pay an amount equivalent to the cost of the DHMO dental plan for employees participating in the Direct Reimbursement Dental Plan. The City will contribute an equivalent portion of the dependent dental care regardless of the employee?s dependents 2 City Council Regular Session, December 13, 2004 being on the DHMO plan or the Direct Reimbursement plan. The employee will be responsible for the difference in either plan. Mrs. Standorf stated that the staff recommends that City Council award group health contracts not to exceed budgeted funding as follows: Cigna Healthcare Open Access Plus (OA+) medical coverage. CompBenefits, Dental Health Maintenance Organization (DHMO) dental coverage. Additionally, staff recommends that City Council authorize staff to continue offering the Direct Reimbursement Dental Plan coverage for employees who elect the freedom to choose their respective dentist. Vision Care, Inc. (CompBenefits) for optional vision care coverage, which is paid entirely by the employee. Standard Insurance for employee Term Life coverage, Accidental Death and Dismemberment coverage and LTD coverage paid entirely by the city. Council Member Segal inquired about the meaning of ?100 % coinsurance? Mrs. Standorf commented that she would find out the answer to Council Member Segal?s question. A motion was made by Council Member Segal, seconded by Council Member Woods, to authorize the City Manager to issue the notice of award as recommended in the memo for a budgeted amount not to exceed $808,080.00 subject to clarification of what kind of coinsurance is 100%. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Woods Voting Nay: Council Member Farley Absent: Council Member Fogler The motion passed. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2004-15 appointing Diana Brown as a member. Parks and Recreation Director Tim O?Connor reported that the Friends of West University Place Parks Fund, Inc. (Friends) would like for Council to consider appointing Diana Brown as a member of the Board of Directors of the Friends of West University Place Parks Fund, Inc. Ms. Brown?s credential are outlined on her application and the Friends believe she will be a tremendous asset to the board. 3 City Council Regular Session, December 13, 2004 A motion was made by Council Member Woods, seconded by Council Member Farley, to approve Resolution No. 2004-15 appointing Diana Brown to 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 Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler Parks and Recreation Master Planning. Matters related to Parks and Recreation Master Planning including all parks and recreation areas in the City, conceptual plans, development and construction, outside professional services, surveys, appointment of task force, chairperson and staff and council liaison and assignment of their goals and objectives. A motion was made by Council Member Farley, seconded by Council Member Segal, 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 Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler Task Forces. Matters related to Task Forces including the duties, guidelines and roles of Council and Staff Liaisons. A motion was made by Council Member Segal, seconded by Council Member Farley, 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 Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler 4 City Council Regular Session, December 13, 2004 Sidewalks. Matters related to sidewalks including change orders for Priority Areas 10 and 11B. Assistant City Manager/Public Works Director Ron Wicker reported that in both Priority Area 10 and 11B, staff anticipates the need for additional sidewalk and handicap ramp work above the scope of the original contract, but necessary to comply with the Sidewalk Master Plan. Current estimates to complete both Priority Areas 10 and 11B are up to $365,000.00 additional for Priority Area 10 and up to $420,000.00 additional for Priority Area 11B. The contract amendments were done rather than a contract change order on advice of the City Attorney. The estimates have been adjusted to reflect the revised prices negotiated with Contractors Technology, LTD (CTL). CTL has agreed to perform the extra sidewalk work in Priority Area 10 at the same removal and replacement unit price bid in 11B. This is a reduction from $8.60 per square foot bid in Priority Area 10 to the bid price in Priority Area 11B of $6.300 per square foot. A motion was made by Council Member Woods, seconded by Council Member Farley, to approve a contract amendment for Priority Area 10 in the amount of$365,000.00 and a contract amendment for Priority Area 11B in the amount of $420,000.00 with inclusion of clarification of the unit cost price changes to $6.300 for paving. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler Trees. Matters related to trees including the tree inventory data and Urban Forest Management Plan and right-of-way tree removal and replacement. City Planner Nes Tesno reported that the Urban Forest Management Plan was before the City Council for approval with the previous requested changes. All changes requested at the previous City Council meeting will be incorporated into the final document. She stated that the Council also requested a method to restrict the removal of healthy trees Some options are as follows: out of the right-of-way. 1) Protected trees located in the city street right-of-way may only be removed if dead, diseased, hazardous, low value or dying. 2) Protected trees located in the city street right-of-way may only be removed if 5 City Council Regular Session, December 13, 2004 dead, diseased, hazardous, low value or dying or if the tree is less than 12? in diameter. Healthy trees require evaluation and replacement. 3) Protected trees located in the right-of-way may only be removed if dead, diseased, hazardous, low value or dying or if it is a healthy tree, replacement is calculated at 150% of the diameter of the tree. Donations to the tree trust will be calculated at $150 per diameter inch. Conditions: 1) In all cases removal of a tree from the right-of-way requires replacement of at least one qualified tree back into the right-of-way. 2) Appeals of decisions of the urban forester and applications for variances are heard by the Building and Standards Commission in accordance with Chapter 22 of the Code of Ordinances. 3) If a variance is granted for removal of a healthy tree from the right-of-way, then replacement shall be calculated at 150% of the diameter of the tree and donations at $150 per inch. Mrs. Tesno stated that the Staff is requesting direction in regard to proposed amendments to the Urban Forest and Enhancement Ordinance (Chapter 22) for replacement of trees removed from the City right-of-way. Council Member Woods commented that he sees the removal options as a combination of numbers 2 and 3. The City Council requested that the City Staff prepare an ordinance for consideration. The City Council asked questions and suggested amendments to the Management Plan. A motion was made by Council Member Segal, seconded by Council Member Farley, to approve the Urban Forest Management Plan as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler Quiet Hours. Matters related to quiet hours including Ordinance No. 1779. Mayor Ballanfant read the caption of Ordinance No. 1779 as follows: 6 City Council Regular Session, December 13, 2004 An ordinance relating to quiet hours; 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. 1779, in the form proposed for adoption, were available in the Council Chambers. The City Council discussed the proposed changes. A motion was made by Council Member Farley, seconded by Council Member Woods, to table consideration of this ordinance until a later date. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler Property located at the SWC Westpark Drive and Wakeforest Street. Matters related to the property located at the SWC Westpark Drive and Wakeforest Street including sell, lease or other related matters. Marshall S. Clinkscales, Jr., MSC Properties, Inc., the City?s Agent, addressed the current marketing proposal of the property. He stated that the plan is to issue an offering brochure soliciting non-binding proposals to ground lease or purchase the site. An acceptable contract would be attached which would be executed by the parties once an offer is accepted. An offering brochure can be prepared and widely circulated by e-mail to multiple data base prospects. The only cost for this phase would be the cost of any legal fees involved. City Attorney Jim Dougherty stated that the current listing agreement with MSC Properties needed to be updated. The City Council requested that this item be brought back to Council during a meeting in January for further consideration before an offering brochure is prepared. City Council minutes. Matters related to the minutes of the Regular Session conducted on November 22, 2004. A motion was made by Council Member Segal, seconded by Council Member Woods, to approve the minutes as presented. 7 City Council Regular Session, December 13, 2004 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and Woods Voting Nay: None Absent: Council Member Fogler Parks and Recreation Master Planning. Matters related to Parks and Recreation Master Planning including all parks and recreation areas in the City, conceptual plans, development and construction, outside professional services, surveys, and appointment of a task force. The City Council agreed to table consideration of this item. Task Forces. Matters related to Task Forces including the duties, guidelines and roles of Council and Staff Liaisons. The City Council agreed to table consideration of this item. Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, City of Houston Water Rate Increase, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, Cason Street entrance to the West University Recreation Center, 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. No reports were given during this meeting. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Segal, seconded by Council Member Farley, to adjourn. The Council meeting adjourned at 8:17 p.m. 8