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HomeMy WebLinkAbout111003R CC Min CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 10, 2003 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:00 P.M. The City Council convened in Workshop and Regular Session in the Municipal Building Conference Room and Council Chambers (3800 University Blvd.) on November 10, 2003, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Attorney, Assistant City Manager/Public Works Director, Parks and Recreation Director, Finance Director, Building Official, City Planner, and Assistant City Secretary were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 6 day of November 2003 at 4:45 p.m. Workshop Session (in the Bill Watson Conference Room) Water rate analysis. Matters related to a water rate analysis including a report from Black and Veatch. Larry Peart from the Black and Veatch Corporation presented the results of the water and sewer rate study. Mr. Peart and the City Council addressed revenue and revenue requirements, a rate design, the enterprise operations, reserve requirements and debt service coverage. They also discussed the municipal electric fee and water conservation. The City Council requested that Black and Veatch change the water and sewer rate analysis to provide an emphasis on water conservation and to expand the rate structure to include an additional tier for water usage and to hold the lowest tier to an increase of no more than $1.00. This item will be considered at a future meeting. Drainage and flood prevention. Matters related to drainage and flood prevention. City Manager Michael Ross presented a brief update of the flood control project. He stated that the Harris County Flood Control District was asked to take the lead in the process after tropical storm Allison. The Drainage Study Group has met monthly over the last 18 months to review the engineering analysis, study the problem areas including Poor Farm Ditch and Kilmarnock Ditch, and evaluate concepts for improvement so that a recommendation could be developed that could be supported by the community. The Study Group identified the area of Poor Farm Ditch between University Boulevard and Bellaire Boulevard and the Bellaire Bridge as areas where improvements were needed. They looked at four options: Repair only (no increased capacity) Grass-lined concept Enclosed system concept Concrete-lined concept The Group felt strongly that the concrete-lined concept could gain community support because it expands the capacity, is cost effective and minimizes impact on the community. The Study Group also determined that the capacity for the Kilmarnock Ditch is satisfactory. There are restrictions to the flow at the North Braeswood Bridge and the outfall to Brays Bayou. The Group felt strongly that the replacement of the bridge and outfall could gain community support. Mr. Ross reported that the second public meeting for residents is scheduled for February 5, 2004 at Pin Oak Middle School. Following the community input and an expanded discussion of these findings a completed feasibility report would be submitted to the Harris County Flood Control District. The feasibility report would set the stage for all stakeholders to collaborate and move the recommendation from the study process to a formal project with the demonstration of public support and development of a funding strategy. The City Council recessed the workshop session at 6:25 p.m. The City Council reconvened in regular session at 6:30 p.m. in the Council Chambers. Formal Session Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Jerry Kerbow, 2630 University Boulevard, spoke to the City Council about the construction of 2600 ?2800 blocks University. He stated that he had heard rumors that the construction of the South side of the street would be delayed until after the marathon. He requested that the council not delay the construction of the street. City Council Session, November 10, 2003 Alison Libshitz, 2637 University Boulevard, requested that the council not delay the construction of University Boulevard. H. I. Libshitz, 2637 University Boulevard, submitted a report of 42 years of rainfall from 1947 to1995. He stated that the Public Works Director told him that the construction of University Boulevard might be delayed because of the increased rainfall in the months of November and December. He asked the Council to complete the work on University Boulevard without any delays. Temporary corner site access . Matters related to temporary corner site access. Mayor Ballanfant read the caption of Ordinance No. 1750 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas regarding temporary corner site access; and containing findings and provisions relating to the subject. Mayor Ballanfant read the caption of Ordinance No. 1757 as follows: An ordinance relating to temporary driveway permits; 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. 1750 and 1757, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno stated that initially the Staff brought to Council from the Zoning and Planning Commission an amendment to the Zoning ordinance that would allow a temporary access to sites on major thoroughfares due to construction that would close off primary accesses. During the public hearing and also following a City Council meeting, the Staff received recommendations to add some changes to that ordinance. To address this request, a companion amendment to Chapter 19 in the code of ordinances is being proposed which includes deadlines for both the closure of the temporary access and restoration of the area. Mrs. Tesno stated that the proposed Ordinance No. 1750 is the section that allows the access to be open and the proposed Ordinance No. 1757 is the one that gives the restrictions. The City Council requested that a footnote be placed in Section 8-104(a) of the Zoning ordinance cross referencing with Section 19-203(e) 3 City Council Session, November 10, 2003 A motion was made by Council Member Segal, seconded by Council Member Farley, to adopt Ordinance No. 1750 on the first reading with the intended footnote. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None A motion was made by Council Member Fogler, seconded by Council Member Woods, to adopt Ordinance No. 1757 on the first reading as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Section 125 Plan. Matters related to the Section 125 Plan including Resolution No. 2003-22. Mayor Ballanfant read the caption of Resolution No. 2003-22 as follows: A resolution amending the City?s flexible spending plan to include certain over-the- counter medicines and drugs; and containing findings and provisions relating to the subject Neal Welch from the Welch Company stated that the IRS recently issued a ruling (Revenue Ruling 2003-102) that allows Health Flexible Spending Accounts (Health FSAs) to reimburse many drugs that are available over the counter to treat a specific medical condition or injury. Prior to the ruling Health FSAs could only reimburse expenses incurred for prescription drugs. In order to take advantage of the IRS? ruling, the City must amend its Health FSA. Staff recommends that City Council adopt Resolution 2003 amending the City?s Flexible Benefit Plan?s definition of ?Eligible Medical Expenses? in light of Revenue Ruling 2003- 102 which permits reimbursement of certain over the counter drugs. A motion was made by Council Member Segal, seconded by Council Member Farley, to approve Resolution No. 2003-22 amending the City?s Flexible Spending Plan to include certain over the counter medicines and drugs. 4 City Council Session, November 10, 2003 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Broker/Dealer Agreement. Matters related to a Broker/Dealer agreement including Resolution No. 2003-23. Mayor Ballanfant read the caption of Resolution No. 2003-23 as follows: A resolution approving brokers from which the City would purchase investments; authorizing a letter agreement; and containing findings and provisions relating to the subject Finance Director Walter Thomas reported that State and City ordinances require that the City purchase securities only from Broker/Dealers specifically approved by City Council. Currently there are three approved broker/dealer firms, Coastal Securities, Morgan Stanley and NBC Capital Bank. Recently the City sent a request for information questionnaire (RFI) to all broker/dealers that have recently expressed an interest in providing investment services. This form gathers information about the firm including financial data, references, sales volume, and supervision. The City also requires each firm to certify that it has read and understands the City?s investment policy. Further, each firm is also required to certify that it will not offer the City any investments that do not meet the criteria established in the investment policy. Four broker/dealers responded to the request for information: Tony Sekaly with Coastal Securities Gregory Vint with Bank One Jerome Senagal and Latrissa Gordan-Kramer with Morgan Stanley Stewart Wortham with NBC Capital Markets Group Mr. Thomas stated that all four responses were complete and all four broker/dealers are recommended for approval. Council Member Segal inquired if the Council was approving the firm and the individual. Mr. Thomas responded that the Council would be approving both so that if the individual leaves the firm, the Council would need to approve a new individual to make sure that person has read the City?s investment policy. 5 City Council Session, November 10, 2003 A motion was made by Council Member Farley, seconded by Council Member Fogler, to adopt Resolution No. 2003-23 approving broker/dealers to execute purchases of City investment securities. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Municipal court personnel. Matters related to municipal court personnel including Resolution No. 2003-24. Mayor Ballanfant read the caption of Resolution No. 2003-245as follows: A resolution appointing, reappointing and confirming municipal court personnel for the City of West University Place, Texas; and containing findings and provisions relating to the subject. Mr. Thomas reported that Resolution 2003-24 reappoints the City?s Municipal Court Personnel. State Law requires the reappointment of municipal court staff at least once every two years. Only two of the ten listed employees are assigned to the Court full-time. Five of the deputy court clerks work in the Police Department and are appointed Deputy Court Clerks in order to allow them to sign complaints. The list also includes three prosecutors who work only during Court Sessions. A motion was made by Council Member Farley, seconded by Council Member Fogler, to adopt Resolution No. 2003-24 appointing the following individuals to the following positions: Robert Crain Chief Prosecutor Terry Yates Assisant Prosecutor Chris Lorenzen Assistant Prosecutor Gabriele Perez Municipal Court Clerk Olga Garza Deputy Court Clerk Melissa Galan Deputy Court Clerk Laura Reynolds Deputy Court Clerk Maxine Stevenson Deputy Court Clerk Connie Tryon Deputy Court Clerk Jackie Waddle Deputy Court Clerk A vote was taken on the motion with the following result: 6 City Council Session, November 10, 2003 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Harris County Appraisal District. Matters related to the Harris County Appraisal District including a request to lease- purchase real property and Resolution No. 2003-20. Mr. Thomas reported that the Harris County Appraisal District?s (HCAD) Board of Directors has requested that the City adopt a resolution authorizing HCAD to proceed with a lease-purchase of a headquarters building. Section 6.051, Tax Code, provides that acquisition of real property by an appraisal district must be approved by the governing bodies of three-fourths of the taxing units entitled to vote on the appointment of HCAD board members. The Chief Appraiser, Jim Robinson points to significant savings in HCAD?s annual operating expense if the District relocates from its present leased space into a lease- purchased building at 13013 Northwest Freeway in Houston. HCAD also provided a summary that points out that: Hearing and public information facilities will be on the first floor. The District will own the building at the end of the lease. The location, approximately three miles from HCAD?s current site, fronts directly on a major highway and is accessible from all parts of the county. The building will provide room for expansion, if needed. The building will be fully ADA compliant, the current facilities are not. Separate warehouse space will not be needed Council Member Fogler inquired if HCAD provided the appraisal as requested previously by the City Council. Mr. Ross responded that the Staff has not been provided that information. A motion was made by Council Member Fogler, seconded by Mayor Ballanfant, to table consideration of Resolution No. 2003-20 until more information is provided. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Farley, and Fogler Voting Nay: Council Member Woods Absent: None Abstain: Council Member Segal The motion passed. 7 City Council Session, November 10, 2003 Board of Directors of the Harris County Appraisal District. Matters related to the Board of Directors of the Harris County Appraisal District including Resolution No. 2003-25 casting a ballot for the election of a person to the Board. A motion was made by Council Member Woods, seconded by Council Member Fogler, to adopt Resolution No. 2003-25 casting a vote for Walter Kronzer as a member of the Board to the Harris County Appraisal District. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Delinquent tax collection. Matters related to delinquent tax collection including (a) Resolution No. 2003-26 (A resolution approving, authorizing and entering into a contract for delinquent tax collection; and containing findings and provisions relating to the subject.) (b) Resolution No. 2003-27 (A resolution adopting additional penalty for tax collection costs; and containing findings and provisions relating to the subject.) Mr. Thomas reported that two resolutions have been prepared. Resolution No. 2003-26 approves the engagement of the firm of Linebarger Goggan Blair & Sampson LLP (Linebarger) to collect delinquent property taxes. Resolution No. 2003-27 assesses a fee for the collection of delinquent property taxes to compensate Linebarger for their services. Linebarger specializes in providing government delinquent receivable collection services. The firm serves over 1,600 governmental clients across the nation and has over 25 years of experience incollecting government receivables. In Harris County, Linebarger provides collection services to the County, Houston Independent School District, and the City of Houston. Since the firm is already collecting delinquent taxes from jurisdictions that overlap West U, it will be able to add West U accounts to a process already underway. Section 6.30 of the allows the City to contract with a law firm Texas Property Tax Code for enforcement of delinquent taxes and Section 33.07 provides for an additional 15 percent penalty to compensate for the attorney?s services. 8 City Council Session, November 10, 2003 Council Member Woods pointed out that paragraph 3 of the contract as presented to Council reads a 20 percent additional penalty. Mr. Thomas responded that the contract should say 15 percent. A motion was made by Council Member Fogler, seconded by Council Member Segal, to approve Resolution 2003-26 authorizing the engagement of Linebarger Goggan Blair & Sampson LLP to collect delinquent property taxes with the noted correction to paragraph 3 of the contract. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None A motion was made by Council Member Fogler, seconded by Council Member Segal, to approve Resolution 2003-27 authorizing that the penalty for tax collection shall be borne by the taxpayer. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Priority Area 11A. Matters related to Priority Area 11A including the final acceptance of the work. Assistant City Manager/Public Works Director Ron Wicker reported that Construction Technology LTD., prime contractor on the Infrastructure Improvements in Priority Area 11A, has completed all work and has submitted a final payment request in the amount of $334,645.27. This project involved the reconstruction of water lines, sanitary sewer lines, storm sewer lines and streets in the area referred to as Priority Area 11A. The original contract amount was $4,511,755.40, with the final contract amount of $4,683,537.03, which represents an increase of four percent over the original contract. Six change orders were authorized to complete the project amounting to an additional $171,781.63. A motion was made by Council Member Woods, seconded by Council Member Farley, to accept the work completed by CTI and approve final payment in the amount of $334,645.27 with the warranty period beginning with the City Council acceptance. 9 City Council Session, November 10, 2003 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Priority Area 8. Matters related to Priority Area 8 including paving of University Boulevard. Mr. Wicker reported that at a previous City Council meeting, Council was briefed concerning the paving of University Boulevard between Kirby Drive and Brompton Avenue in Priority Area 8. At that time, questions were raised regarding the possibility of allowing the contractor in Priority Area 8, Bearden Construction Company, to proceed with the completion of the south half of University Boulevard prior to the Houston Marathon on January 18, 2004. As reported to City Council, staff met with representatives from the Marathon to discuss the construction scheduling. At that meeting, staff told the Marathon representatives that the City would ask the contractor to complete the north half of University Boulevard prior to Christmas. The contractor would stop work on University Boulevard until after January 18, 2004. Because of questions raised regarding this delayed schedule, staff again talked with the contractor on Tuesday, November 4, 2003, to determine the possibility of proceeding with the construction of the south half. During this meeting, the project engineer, Dieter Ufer; David Bearden; Don Conrad and staff discussed the possibilities. The contractor was agreeable to proceed with the work and felt that if weather allowed, they could in fact complete the south half prior to the Marathon. However, the contractor reminded the Staff that they would completely shut down their operation during the period from Christmas Eve to after January 1, 2004. There could also be an inconvenience to residents along the south side of University Boulevard because they could have their yards and access torn up through Christmas and beyond. Mr. Wicker stated that based on the information available at this time, staff recommends that the current schedule be maintained. If City Council wishes to proceed with the construction prior to the Marathon, staff needs to let the Contractor know as soon as possible. Mr. Ross explained that closing both sides of University would help expedite the project. Mayor Ballanfant asked how soon demolition of the south side of University could begin if both sides of the street were closed. 10 City Council Session, November 10, 2003 Don Conrad of Conrad Construction responded that demolition could begin as soon as the end of the week. Council Member Fogler asked if there was a cost increase associated with closing the road down entirely. Mr. Ross stated that the price increase was associated with an accelerated process that included overtime and special materials. A motion was made by Council Member Fogler, seconded by Council Member Farley, to authorize closing for whatever time necessary to expedite the project and get the road open as soon as possible. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Priority Area 10. Matters related to Priority Area 10 including design, contract documents and street improvements. This item will be discussed at the next council meeting. Gateway and park signs. Matters related to gateway and park signs including a bid received on November 6, 2003 and award of contract. Parks and Recreation Director Mark Mailes reported that on November 6, 2003, bids were opened for gateway and park signs. One bid was received from 4-D Graphics in the amount of $23,128 for the gateway sign and $9,935 for the park sign. The gateway sign will be located on the southwest corner of Bissonnet and Weslayan. The park sign will be located in Huffington Park. Funds were provided by Lovett Homes (gateway sign) and the Huffington Family (provided for in the naming rights for Huffington Park). The design of the signs were approved by previous City Councils. Funds were budgeted for 2003. Council Member Farley left the meeting at 7:30 p.m. A motion was made by Council Member Woods, seconded by Council Member Fogler, to accept the bids in the amount of $33,063 submitted by 4-D Graphics for a gateway sign at Bissonnet and Weslayan and a park sign in Huffington Park. 11 City Council Session, November 10, 2003 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on October 27, 2003. A motion was made by Council Member Woods, seconded by Council Member Segal, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: Council Member Farley Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, streetlights and related matters. This may include report(s) from staff or Council Members. Mr. Ross commented that the agendas and the accompanying documents are available on the city?s web site. Mayor Ballanfant commented that since the mobility plan passed during the last election, the City will now be entitled to an additional $259,000 a year from the years 2009 to 2014. West University Place recreation center and athletic field. Matters related to the West University Place recreation center and athletic field, located at 4210 Bellaire Boulevard (former YMCA site) including the purchase, exchange, lease, sale, usage, improvements, demolition, asbestos abatement, phone and computer equipment and related matters. 12 City Council Session, November 10, 2003 Mr. Mailes reported that John Putnam, President of Tri-Sports met with staff to request usage of the athletic fields at the new Recreation Center. He has offered to absorb the cost for maintaining this field in return for usage. In past years, Tri-Sports has used Colonial Park for some of its practices (especially the Softball Association). During the design of the Colonial Park redevelopment, both the existing Parks and Recreation Board and City Council were very interested in assuring that Tri-Sports would have access to practice fields. The general consensus was that once the Recreation Center field became available, practices would be moved from Colonial Park. Colonial Park would then be available for open, free play. Mr. Mailes stated that by offering to absorb maintenance costs for the fields, it will provide the City and Tri-Sports with a win-win situation. The fields would be shared by Tri-Sports activities and City sponsored activities (such as adult softball). The City will not have to expend funds to maintain nor provide the necessary specialty equipment required. In addition, Tri-Sports has the expertise and staffing to maintain the fields for acceptable playing standards. This proposal was discussed with the new Parks and Recreation Board at their November 5, 2003 meeting. Cost estimates to open the Recreation Center on a limited basis (January 2004) were also presented and discussed at the Parks and Recreation Board meeting. Minimal restoration to the first floor would cost approximately $25,000, with an additional $30,000 for minimal asbestos abatement. There has been $125,000 budgeted in 2003 that was to be used for the asbestos abatement and improvements. To date, $5,000 has been encumbered for an asbestos survey, scope of work proposal and asbestos awareness training. This would leave approximately $65,000 that could be used to offset operational costs. Cost estimates to open the facility on a more expanded basis were presented at the October 27, 2003 Council meeting. They were anticipated to be approximately $200,000- $250,000 (depending on the time of opening). Additional required amendments would include $13,260 for cleaning services (full year) and $10,000 in general building maintenance (full year). Part-time staffing, cleaning services, utilities, and supplies that might be necessary to open the facility on a limited basis can be funded out of existing budgeted funds and a budget amendment can be made once usage decisions are made. It is anticipated that if and when approval is given to open the Recreation Center on a limited basis, it will take a minimum of two months for repairs to be made and asbestos abated. John Putnam was present at the meeting. He addressed the Tri-Sports current situation and identified their need for additional field space. Council Member Fogler requested a schematic presentation for the use of the Recreation Center field. 13 City Council Session, November 10, 2003 Council Member Segal requested that the Parks and Recreation Board examine the costs and where the money is going to come from since the Council is going to have to approve a budget amendment to cover the operating expenses. Council Member Woods commented that the Council needs a firm proposal on what the structure of the programs would be with the enumerated expenses. Council Member Fogler stated that she would like to authorize the Parks and Recreation Director to work with the Tri-Sports to determine how the fields can be used this spring for softball practices. She stated that she would also like to be informed as soon as there is any information about what is happening with the Twain campus and exactly what that impact is going to be. She also commented that she felt that they had a better chance of figuring out what programs the City can possibly run from the building at the Recreation Center if it is open and the City is running some programs. No matter what they decide to do with the building in the short term, the City is going to have to spend a little money to be able to use the gym and that includes asbestos abatement in a minimal level. In the long run, asbestos abatement is going to have to be completed. The abatement will have to be done even if the building is going to be torn down. She stated that she felt it was wise to do the minimal amount of capital improvements to the building, allow some programs to move forward in the gym, and allow the community to use the asset it has purchased. The building should be in use with Mr. Mailes? direction while he is working with the Parks Board. Council Member Woods explained that his comments were directed toward the building and not toward the use of the fields. He stated that the Staff did not need to do a long extensive study but they do need well-formulated numbers with specific proposals about what they are going to do. Mr. Wicker suggested that the Staff be allowed to begin the asbestos abatement and the programs could be determined later. Building Official Dennis Mack explained the breakdown of the costs for the asbestos abatement and stated that there was no redundancy in the removal. A motion was made by Council Member Fogler, seconded by Mayor Ballanfant, to authorize the Staff to use the $35,000 budgeted to proceed with the improvements to the first floor of the Recreation Center and authorize the Parks Director to work with Tri- Sports to develop a plan to use the field space this Spring. Council Member Woods clarified that the City Council was not authorizing operation of the facility at this time. Vice Chair of the Parks and Recreation Board Wally Kronzer commented that this Council decision would separate the issues for the Parks Board and makes the tasks assigned to the Board easier. 14 City Council Session, November 10, 2003 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Segal, to adjourn. The Council meeting adjourned at 8:26 p.m. 15