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CITY COUNCIL REGULAR SESSION
MONDAY, DECEMBER 15, 2003
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 15, 2003, with the following members
present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods.
The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works
Director, Finance Director, Police Chief, Parks and Recreation Director, Building Official
and Code Enforcement Officer 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 11 day of December 2003 at 4:45 p.m.
Formal Session
Citizen Comments
Mayor Ballanfant invited citizens who wished to address the City Council to come
forward as their names were called.
Dick Yehle, 6401 Rutgers, spoke on the issue of the proposed water rate increase. He
requested that the City Council reconsider subsidizing the lower rate water users because
they had not determined if these water users were actually lower income and have a
hardship.
Ken Hoffman, 4212 Ruskin, addressed dogs being allowed in City parks. He stated that
residents are allowing their dogs to run in the parks in the early mornings and after dark
and are not picking up and disposing of their droppings. He suggested that the boundary
for Colonial Park should be from curb to curb.
Group employee benefit coverage.
Matters related to group employee benefit coverage including proposals received
November 20, 2003 for
(a) Medical
(b) Dental
(c) Cobra/hipaa administration, flexible spending plan account administration,
retiree billing and dental reimbursement administration
City Council Regular Session, December 15, 2003
City Manager Michael Ross reported that on October 7, 2003, the City released a request
for sealed proposals (RFP) for employee group health benefits, including both medical
and dental. The City received responses from four companies. Three of the four
responses contained at least two separate plan designs for the City to consider.
The 2004 Budget included $924,890 to fund these benefits, which did not include an
estimated employee contribution of $142,330. Additionally, the 2004 budget assumed
the shifting of a substantial portion of the premium and the co-pays and deductibles to the
City?s employees. The City?s current carrier, Cigna, had estimated the budgeted
expenditures to increase twenty percent over the prior year based on a forecast of the cost
of the current plan design. Actual premium costs included in the responses to the RFP
ranged from $874,880 to $1,167,615. It is apparent from the responses that contracts can
be completed with costs well within budgeted funds.
Mr. Ross stated that originally, the City intended to alter the premium cost sharing ratio
from 90% city funded, 10% employee funded to 85% city funded; 15% employee funded.
It is apparent from the responses that changes in plan design can limit the premium
increase by shifting cost to employees who use the benefit, so it will not be necessary to
alter the premium cost sharing at this time.
Additionally, the City has received proposals from third party administrators to outsource
the administration of COBRA benefits, Section 125 Benefits, Retiree Health Benefits,
and the Dental Reimbursement Benefit (ASO services). The Human Resource Manager
and Finance Department currently administer these benefits. New requirements for
medical confidentiality brought about by the HIPAA Law complicate the administration
of these benefits and outsourcing this work appears to be the best solution. The cost of
outsourcing ASO services is expected not to exceed $6,200.
If Council grants the City Manager authorization to complete these contracts, best and
final offers will be requested, and contracts will be completed with the successful
proposers, based upon the selection and evaluation criteria set out in the RFP. The
objective will be to complete and sign the contracts this month, leaving time to complete
employee enrollment well before February 1, 2004 when the new medical and dental
plans are scheduled to take effect.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
authorize the City Manager to negotiate contracts for group employee benefit coverage in
an amount not to exceed $919,153 and the ASO services.
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
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City Council Regular Session, December 15, 2003
Deputy Court Clerk.
Matters related to a Deputy Court Clerk including Resolution No. 2003-31.
Mayor Ballanfant read the caption of Resolution No. 2003-31 as follows:
A resolution reappointing and confirming Christian Sandoval as a Deputy Court Clerk for
the City of West University Place, Texas; and containing findings and provisions relating
to the subject.
Finance Director Walter Thomas reported that Resolution 2003-31 reappoints Christian
Sandoval as Deputy Court Clerk. State Law requires the reappointment of municipal
court staff at least once every two years. Recently Council reappointed ten court
employees. Unfortunately Christian Sandoval was overlooked.
A motion was made by Council Member Farley, seconded by Council Member Fogler, to
approve Resolution No. 2003-31.
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
Friends of West University Place Parks Fund.
Matters related to the Friends of West University Place Parks Fund including Resolution
No. 2003-32.
Mayor Ballanfant read the caption of Resolution No. 2003-32 as follows:
A resolution approving, adopting and authorizing amendments to the bylaws and articles
of incorporation of the Friends of West University Parks Fund, a Texas non-profit
corporation; and containing findings and provisions relating to the subject
Executive Director Donna LaMond, reported that the Board of the Friends of West
University Parks Fund, a non-profit corporation (FWUPF), has proposed several
amendments to its articles of incorporation and bylaws, as follows:
(A) Provide that Position 1 on the Board of Directors shall be appointed by and serve
at the pleasure of the Parks Board of the City, from among its members.
(B) Revise regular meeting dates.
(C) Establish six or more as a quorum of the Board
(D) Add a requirement for an annual audit.
(E) Add a provision for advisory board members
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City Council Regular Session, December 15, 2003
The FWUPF Board has approved these amendments and now submits them for approval
of the City Council. The City Attorney has reviewed the amendments and helped prepare
the necessary documents.
A motion was made by Council Member Fogler, seconded by Council Member Woods, to
adopt Resolution No. 2003-32 approving amendments to the FWUPF articles and
bylaws.
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
Water and sewer rates and other fees and charges.
Matters related to water and sewer rates and other fees and charges including Ordinance
No. 1758.
Mayor Ballanfant read the caption of Ordinance No. 1758 as follows:
An ordinance relating to water and sewer rates, building permit fees and other fees and
charges; amending the code of ordinances of the City of West University Place, Texas;
containing findings and provisions relating to the subject; and declaring an emergency.
Copies of Ordinance No. 1758, in the form proposed for adoption, were available in the
Council Chambers.
Mr. Thomas reported that Ordinance No. 1758 implements recommended increases to the
City?s water and sewer rates along with adjusting several other fees and charges.
In August of this year, Council engaged Black and Veatch to analyze the City?s water and
sewer rates and to recommend a rate structure that would both generate the needed funds
and meet other community goals including conservation. Black and Veatch completed
the initial analysis and presented their recommendations at a workshop in November.
Directions given by Council at that workshop and a subsequent workshop on December
1, 2003 have been incorporated into a rate increase that is implemented by Ordinance No.
1758.
Additionally, since changing water and sewer rates requires the amendment of the City?s
fee schedules staff solicited all City Departments to provide any recommended
adjustments to the fee schedule that were pending. These amendments are also included
in Ordinance No. 1758.
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City Council Regular Session, December 15, 2003
A motion was made by Council Member Farley, seconded by Council Member Fogler, to
defer all changes to the fee schedule other than the water and sewer rate changes until
January.
Council Member Segal requested that the kennel fees, animal registration, refunds related
to the Zoning Board of Adjustment and the special event fees be reviewed and
reconsidered in January.
Council Member Woods requested information regarding the non-valid alarm fees, how
often it occurs and its structure.
Council Member Farley requested information on the City requirement to maintain a
separate registration for animal vaccinations and the possibility of removing that
requirement.
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 Segal, seconded by Council Member Farley, to
approve Ordinance No. 1758 only as it applies to the water and sewer rates in Section
F.020.
Council Member Segal commented that he had reviewed the water and sewer rates with
Staff and feels that there is ample justification to support the recommendation of the
consultants.
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
Property tax refund.
Matters related to 2003 ad valorem tax refunds in the amount of $2,911.80.
Mr. Thomas reported that Section 31.11 of the Property Tax Code requires approval by
the City Council of property tax refunds that exceed $500.00. Occasionally the City
receives an overpayment of property taxes. The causes of overpayment vary, but the most
common are:
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City Council Regular Session, December 15, 2003
Both the taxpayer and the taxpayer?s agent pay the property tax causing a duplicate
payment.
The taxpayer may issue a check in the wrong amount causing an overpayment.
Simple mistakes.
A motion was made by Council Member Fogler, seconded by Council Member Farley, to
authorize the refund of the overpaid property taxes.
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 bids received November 10, 2003 and
award.
Assistant City Manager/Public Works Director Ron Wicker reported that on Wednesday
December 10, 2003, the City of West University Place received and opened bids for the
infrastructure reconstruction in Priority Area 10. Priority Area 10 is the area bounded by
University Blvd. on the North, Buffalo Speedway on the West, Brompton on the East and
Bellaire Blvd on the South. Thisbid, if accepted by City Council, would commence in
late January 2004, with an anticipated completion mid year 2006 or 850 calendar days.
The bid amount includes sidewalk repair and replacement in accordance with the
Sidewalk Master plan. The sidewalk portion was bid as an alternate. As in other Priority
Areas, a public meeting will be scheduled to explain the project in more detail and
address concerns of area residents.
The City received three bids for this project, with bids ranging from a low of
$7,167,890.20 to a high of $9,334,542.00. The low bidder is Contract Technology,
LTD., with a bid of $7,167,890.20. This bid is under the Engineers estimate of
$7,958,000.00. The city engineers have reviewed the bid documents and verified both
quantities and accuracy of bid items.
Mr. Ross noted that a portion of the sidewalk construction is part of this project and will
be funded out of the sidewalk funds separate from the infrastructure funds.
A motion was made by Council Member Woods, seconded by Council Member Fogler, to
the award the bid to Contract Technology, Ltd., in the amount of $7,167,890.20.
A vote was taken on the motion with the following result:
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City Council Regular Session, December 15, 2003
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Animals.
Matters related to animals including parks and playgrounds, Colonial Park and
boundaries, clean-up regulations, number of animals and related matters. Also including
Ordinance No. 1759.
Mayor Ballanfant read the caption of Ordinance No. 1759 as follows:
An ordinance relating to animals; 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. 1759, in the form proposed for adoption, were available in the
Council Chambers.
Danial Parpipovich, the City?s Animal Control Officer, commented that Ordinance No.
1759 included proposed changes in Section 5.017, 5.057 and 5.062 of Chapter 5 of the
Code of Ordinances.
The City Council asked questions and discussed numerous changes to the Ordinance and
the proposed amendments.
A motion was made by Council Member Segal, seconded by Mayor Ballanfant, to adopt
Section 5.017 as amended in the handout from the City Attorney with an additional
amendment to delete Section 5.017 (b)(2).
Parks and Recreation Director Mark Mailes pointed out that the amendment did not
include Huffington Park and Rice Pocket Park.
City Attorney Jim Dougherty commented that he could add two new subsections to 5.017
(a). The addition would be designated as Section 5.017 (a) 7 and 8, which would
describe the boundaries of Rice Pocket Park and Huffington Park.
An amended motion was made by Council Member Segal, seconded by Mayor Ballanfant
to adopt Section 5.017 with the amendment to delete Section 5.017 (b)(2) and to also
include Section 5.017 (a) 7 and 8.
A vote was taken on the amended motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal and Woods
Voting Nay: Council Members Farley and Fogler
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City Council Regular Session, December 15, 2003
Absent: None
The motion passed.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
adopt Section 5.057 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
The motion passed.
A motion was made by Council Member Fogler, seconded by Council Member Woods, to
approve Section 5.062 with an amendment to delete Section 5.062 (2).
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and
Woods
Voting Nay: Council Member Segal
Absent: None
The motion passed.
A motion was made by Council Member Woods, seconded by Council Member Farley, to
adopt Ordinance No. 1759 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: Council Member Fogler
Absent: None
The motion passed.
City Council minutes.
Matters related to the minutes of the Regular Session conducted on November 10, 24 and
December 1, 2003.
A motion was made by Council Member Fogler, seconded by Council Member Woods, to
approve the minutes as submitted.
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City Council Regular Session, December 15, 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
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 and reports and directives to staff
from Council Members.
Mr. Ross reported that the City received a copy of a request for reimbursement that Harris
County sent to METRO on the City?s behalf for the first sidewalk project. The Staff will
also be calling the Street Light Task Force together again because Center Point has some
alternatives that they would like to bring forward. Mr. Ross also reported that the Staff
has received a copy of the preliminary engineering proposal from Claunch & Miller, Inc.
that they plan to send to the Harris County Flood Control. This will be sent to the City
Council for discussion and authorization.
Mayor Ballanfant commented that he met with the incoming Mayor of Bellaire and the
current Mayor of Southside Place and they are prepared to meet and confer with the
County on the flooding issues.
Council Member Segal inquired about rescheduling the joint meeting with Southside
Place.
Mr. Ross commented that the meeting would probably be scheduled in January.
The City Council recessed the regular session at 7:50 p.m.
Workshop Session (in the Bill Watson Conference Room)
City Manager.
Matters related to the evaluation, employment and duties of a public officer or employee.
In public session only, action on compensation.
Closed Executive Session to be held under Section 551.074, Texas Government Code
The City Council convened in Executive Session at 8:00 p.m.
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City Council Regular Session, December 15, 2003
The City Council closed the Executive Session at 9:40 p.m. and reconvened in open
session.
Mayor Ballanfant called for a motion.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
increase the City Manager?s salary by $4,600 annually.
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
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 Farley, to adjourn. The
Council meeting adjourned at 9:45 p.m.
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