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HomeMy WebLinkAbout121503R CC Min 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, th 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 2 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 3 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. 4 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: 5 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: 6 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 7 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. 8 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. 9 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. 10