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HomeMy WebLinkAbout061002R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JUNE 10, 2002 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. The City Council convened in Regular Session in the Municipal Building Conference Room (3800 University Blvd.) on June 10, 2002, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Fire Captain, Parks and Recreation Director and Operations Superintendent were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 7 day of June 2002 at 5:10 p.m. Informal Session, Bill Watson Conference Room Executive Search Firm. Matters related to Executive Search firms for the recruitment of a City Manager. Ralph Anderson & Associates The Waters Consulting Group, Inc. Maximus The City Council interviewed the above firms to conduct a Phase I position analysis and profile development for the recruitment of a City Manager. Chuck Rohre from Ralph Andersen & Associates, Chris Hartung from Waters Consulting Group, Inc. and Louis Fox and George Castorena representing Maximus were present at the meeting and fielded numerous questions from Council regarding the process. The following costs were given for developing a Phase I profile: Ralph Andersen & Associates - $1,200 plus expenses. Waters Consulting Group - $3,250 plus expenses. Maximus - $3,500 plus expenses Sidewalk improvement program. Phase I findings on the sidewalk improvement program, recommendations from the SWA Group and other matters related to sidewalks. Interim City Manager Michael Ross reported that the SWA Group was retained by the City to assist in attaining a sidewalk system that is functional and is in conformance with City Council Regular Session, June 10, 2002 the Americans with Disabilities Act (ADA) and the Texas Accessibility Standards (TAS) requirements. Nancy Fleming and Erin Cannon representing SWA Group were present at the meeting and presented their findings and recommendations. Ms. Fleming stated that SWA undertook a process that included evaluation of the current Sidewalk Policy, evaluation of the current Sidewalk Priority Plan and the research of TAS standards to identify methods for the application of alternative designs and penalties for non-conformance. Ms. Fleming and Ms. Cannon also presented recommendations for Phase II. Council Member Farley requested that the SWA findings be placed on the City?s web- site. The City Council recessed the Informal Session at 7:32 p.m. to convene in Formal Session in the Council Chambers. Formal Session, Council Chambers Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Carolyn Sacchi, 3768 Rice, requested that part of the STEP Grant be used to make improvements to the Rice Pocket Park. She stated that selling the property for a residential home was not a good solution. Stephen Pohl, 3928 Marlowe and Vice Chairman of the Zoning and Planning Commission, requested that the Council delay the appointment of a resident to the Zoning and Planning Commission until they could interview other candidates for the vacancy. Vickie Smith, 3302 Tangley, addressed the recent construction in the Priority Areas and the installation of curb ramps. Rick Thamm, 3401 Tangley, commented on the recommendations made by the SWA Group regarding sidewalk installation. He stated that the sidewalks on Buffalo Speedway were in poor condition. Tom Braly, 3501 Georgetown, commented that he thought all of the sidewalk problems were taken care of but now it did not seem that they were. 2 City Council Regular Session, June 10, 2002 Zoning and Planning Commission. Matters related to the Zoning and Planning Commission, including Resolution No. 2002- 04 and the appointment of a new member. A motion was made by Council Member Griffin, seconded by Council Member Farley, to adopt Resolution No. 2002-04 appointing Teresa Fogler to the Zoning and Planning Commission (ZPC). Council Member May commented that he would like to consider an open process to get more input and interview additional candidates before making an appointment. Council Member Griffin commented that she had a problem with allowing additional interviews because the Council had unanimously agreed to the appointment of Mrs. Fogler at the last meeting. She stated that the Council had the recommendation from the previous Chair of the ZPC that the Council should move forward with an appointment because it was hard to get a quorum during the summer months. Council Member May stated that the additional applicants who had applied had some good qualifications. Council Member Farley stated that it was in the best interest of the community to appoint Mrs. Fogler because she was extremely qualified for the position. Mayor Lewis commented that she was more concerned about the process and the input from the ZPC. She asked the Council to look at the process instead of the person or personalities. Council Member Griffin stated that the Council had the duty to be fair and not looking at the person would be flawed. Council Member Jackson stated that he had taken Mr. Pohl?s comments to heart and other candidates should be interviewed. Mayor Lewis called for a vote on the motion. A vote was taken on the motion with the following result: Voting Aye: Council Member Farley and Griffin Voting Nay: Mayor Lewis, Council Members May and Jackson Absent: None The motion failed. Mayor Lewis stated that the process would be reopened to all candidates. 3 City Council Regular Session, June 10, 2002 Council Member Griffin publicly apologized to Mrs. Fogler for the Council?s action. Official newspaper. Matters related to newspapers, including Ordinance No. 1713. Mayor Lewis read the caption of Ordinance No. 1713 as follows: An ordinance designating an official newspaper of the City of West University Place, Texas; and containing findings and provisions related to the subject Copies of Ordinance No. 1713, in the form proposed for adoption, were available in the Council Chambers. City Secretary Kaylynn Holloway commented that the Council had tabled consideration of this ordinance during the last meeting to seek further information. Bids were received on Tuesday, May 7, 2002 for the publication of legal notices and advertising. The bid documents included a sample ordinance notice to use as a basis for the bids. The City received four bids as follows: West University Examiner $ 12.28 Village News $ 40.54 Houston Business Journal $255.00 Houston Chronicle $658.68 open rate; $463.98 with $10,000 contract; $53.46 ?This Week? section A motion was made by Council Member Jackson, seconded by Council Member May, to appoint the Chronicle ?This Week Section? as the official newspaper. Council Member Griffin stated that all Councils have taken the low bid and the recommendation of the City Staff in the past and that they had a financial duty to the citizens to accept the low bid. Council Member Farley stated that the Council should accept the low bid from the West University Examiner. He asked the City Secretary about the bid process and if she felt there were any flaws. Ms. Holloway commented that there were no problems with the formal bid process. Council Member Griffin questioned the bid received from the Chronicle and stated that it was not a responsive bid because the City Secretary had requested an amount per word. She stated that the item should be tabled until this information is received because the Council could not make an informed decision. 4 City Council Regular Session, June 10, 2002 Mayor Lewis requested that the City Secretary obtain the information from the Chronicle before the next meeting. A motion was made by Council Member Griffin, seconded by Council Member Farley, to table consideration of Ordinance No. 1713 until the next meeting. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Procedural rules. Matters related to procedural rules, including Ordinance No. 1715. Mayor Lewis read the caption of Ordinance No. 1715 as follows: An ordinance adopting procedural rules for the City Council of the City of West University Place, Texas; and containing findings and provisions relating to the subject Copies of Ordinance No. 1715, in the form proposed for adoption, were available in the Council Chambers. A motion was made by Council Member Jackson, seconded by Council Member May, to adopt Ordinance No. 1715 on the first reading. Council Member Farley requested that Rule #11 be amended to add the word ?remove? regarding an agenda item. Council Member Jackson accepted that amendment. A vote was taken on the amended motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Sidewalks and street improvements. Matters related to sidewalks and street improvements including curb ramp design and authorization to enter into a contract with SWA Group for On-Call sidewalk curb ramp design and construction. 5 City Council Regular Session, June 10, 2002 Mr. Ross reported that due to the City?s ongoing infrastructure replacement program, there is an immediate need for professional assistance with the sidewalk curb ramp design and construction at certain intersections. Consequently, staff has requested and received a proposal from the City?s Sidewalk Program Consultant, SWA Group, to provide On-Call consulting services to assist the City in designing and constructing sidewalk curb ramps at street corners as determined by staff. The Director of Public Works will determine the location of ramps that need special design consideration and will request SWA to work with Claunch & Miller to design a workable solution that is sensitive to the differing elevations of yards and potential tree conflicts and complies with the American Disabilities Act (ADA) and the Texas Accessibility Standards (TAS). SWA?s services will include interacting with affected residents and providing design assistance to Claunch & Miller and the City as requested by the Director of Public Works. Council Member Farley requested that once information from the scope of services is obtained that it be transmitted to the City Council. A motion was made by Council Member Jackson, seconded by Council Member May, to authorize the Interim City Manager to negotiate and enter into a contract with SWA Consultants for On-Call sidewalk curb ramp design and construction in an amount not to exceed $50,000. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Priority Area 9. Matters related to infrastructure improvements in Priority Area 9, including bids received on May 30, 2002 and award. Mr. Ross reported that on May 30, 2002, bids were opened for the Priority Area 9 infrastructure improvement project. Of the three bids received, the apparent low bidder was Contractor Technology, Inc (CTI) in the amount of $7,145,809. The City?s engineering consultant, Claunch & Miller, Inc., has completed their evaluation and tabulation of the bids and recommends award to CTI. The Engineer?s estimate on the project was $7,687,000. The time for completion is 765 days. 6 City Council Regular Session, June 10, 2002 A motion was made by Council Member Farley, seconded by Council Member May, to award the contract to the low bidder submitted by Contractor Technology, Inc. in the amount of $7,145,809. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Jackson Voting Nay: Council Member Griffin Absent: None Wastewater Treatment plant. Matters related to the Wastewater Treatment Plant including a clarifier structural condition report and authorization to begin repair project. Mr. Ross stated that the Staff was requesting that the Council establish a capital project not to exceed the $75,000.00 from the Capital Project Contingency fund for fiscal year 2002. Operations Superintendent Patrick Walters presented a report on the Wastewater Treatment Plant, Clarifier Structural Condition. Mr. Walters explained that problems with the structural condition of the WWTP clarifiers have reached a point where repairs are necessary. The Staff had intended to request these repairs in the 2003 budget proposal and must now accelerate that request. The project will include establishment of benchmark elevations of the clarifier structure, analysis of the soils supporting the structure, dewatering and cleaning of the east clarifier and repairs to the weirs and operating mechanisms associated with the clarifier. Engineering will be contracted separately from the repair work and cleaning and dewatering of the clarifier will be handled primarily by Public Works Department employees with the possibility of some contracting for equipment. A motion was made by Council Member Jackson, seconded by Council Member Farley, to approve the allocation of the Water Fund Capital Project Contingency line item to establish the Wastewater Treatment Plant Clarifier Repair Project not to exceed $75,000.00. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 7 City Council Regular Session, June 10, 2002 Improvements to Public Works facilities. Matters related to improvements to the Public Works facilities including reallocating remaining funds from the Community Building foundation repairs. Mr. Ross reported that this request is to utilize the remaining funds in the Capital Projects Account to repair and repaint the exterior of the Public Works facilities. He stated that some funding was budgeted for this purpose this year, however there is not adequate funding in the building maintenance operations account to complete the work. There was $40,000 included in the capital project portion of the budget this year for the foundation repairs to the Community Center. That project was completed at a final cost of $23,835. Based on estimates, these remaining capital project funds ($16,165), combined with available funds in the operation account could adequately fund the Public Works facilities improvements. A motion was made by Council Member Farley, seconded by Council Member Jackson, to authorize the use of the remaining $16,165 from the capital fund account for the improvements to the Public Works facilities. Council Member Griffin inquired about drainage problems that she heard still existed at the Community Building. Mr. Ross commented that he was not aware of any drainage issues but that problems with the gutters had been repaired. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on May 20, 2002 and Special Session conducted on May 28, 2002. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to approve the minutes as amended. A vote was taken on the motion with the following result: 8 City Council Regular Session, June 10, 2002 Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Council comments. Council Member Farley complimented the Staff on the new agenda format. He stated that he was disappointed with the vote on the Zoning and Planning Commission appointment. Council Member May commented that he appreciated the Council opening the process for the ZPC appointment. He also commented that he hoped the local newspapers could work out their grievances. Council Member Griffin requested information on the Rice Pocket Park and the use of funds from the STEP Grant. Mayor Lewis commented that she hoped that the Council could respect each other?s opinions even though they may be different and that she hoped the Council would be able to work cordially together. The City Council recessed the Formal Session and reconvened in the Informal Session. The Informal Session reconvened at 9:00 p.m. in the Conference Room. Fire Department staffing. Matters related to Fire Department staffing including risk analysis and costs. Fire Department Captains Steve Ralls and Steve Salyer addressed staffing needs in their department and changes in the state law which, prohibit EMS personnel from doubling as firefighters. Captain Ralls reported that with current staffing any time the ambulance is on a call only 3 firefighters are available to respond to a call. If the EMS requires 3 paramedics only 2 firefighters are available to respond to a call. The Texas Fire Commission Rules require that 4 firefighters be on scene before entry can be made. Due to residential construction in the last 10 years, the square footage of protected area has increased dramatically. This increased fire load requires more available water, which in turn increases manpower demands. Mr. Ralls presented staffing options and associated costs. Increased personnel could cost as much as $315,000 annually. 9 City Council Regular Session, June 10, 2002 Council Member Farley asked if the current staffing level put the City?s firefighters in danger. Mr. Ralls replied that they could definitely be at risk. Mayor Lewis inquired about on-call Firefighters. Mr. Salyer stated that on-call Firefighters did not always respond and were unpredictable. Mayor Lewis stated that discussion of the upcoming 2003 budget would be the best time to consider additional staffing. This item will be addressed during future meetings. Tree preservation, etc. Matters related to tree preservation and protection including treatment of public and private trees during infrastructure projects. Mr. Ross reported that the Staff had been asked to submit a report concerning the preservation treatments of trees during infrastructure construction, particularly private vs. public trees. During Infrastructure Projects all trees in the area are evaluated for impact and preservation treatments are recommended by our consulting urban forester, Forestry Associates, Inc. There is a misperception that private trees are not being preserved equally as public trees. Treatments are based on a number of factors such as the proximity to the proposed construction, species, condition & size of tree and amount of Treatments are not based on ownership of the tree. critical root zone impacted. Given that private trees are located 10- 15 feet from the back of the curb and public trees are found within inches or a few feet from construction activity usually dictates that public trees are impacted more often than private trees. The Staff presented a report from Forestry Associates, Inc. concerning their method of evaluating trees for treatment. Council Member Farley requested that this information be included in City Currents. Flood control. Report on the meeting with the Harris County Flood Control District and other items related to floods or flood control. 10 City Council Regular Session, June 10, 2002 Mayor Lewis commented that the Council and Staff needed to look at the near-term things that could be done but were not really a solution. She stated that long-term she hoped that all the affected parties would be involved. A public meeting to discuss flood control will be held sometime in August. Public Works facility study. Proposal from Graham Luhn, FAIA Architect, for architectural services related to a Feasibility Study, and other matters relating to the proposed facilities on Westpark or relocation of Public Works facilities. Mr. Ross presented the proposal. Phase I would include researching the existing property and site located between Wakeforest, Westpark and Dincans adjacent to the existing Recycling Center, researching all proposed existing facilities to be relocated, program all current and future usage and prepare a feasibility report and site plan study drawing. The estimated cost is $7,300.00 plus surveying work. Mayor Lewis suggested that a complete study to look at all the facilities be prepared for future reference. YMCA. Proposal from Graham Luhn, FAIA Architect, for architectural services related to the YMCA Building, a usability study and other matters related to the YMCA property. Mr. Ross stated that this proposal divided the study into IV phases. Phase I consisted of field research and measuring of the original two-story structure; Phase II will produce drawings re-creating the original plans; Phase III would be the planning and programming phase; and Phase IV the communication and meetings. The study should begin with the first two phases as a minimum starting point then progress to Phase III and IV after looking at the plans. Public Works Director. Appointment, approval and other matters related to the position of Public Works Director. Mr. Ross reported that he would like to appoint Ron Wicker as the Interim Public Works Director. Mr. Wicker has worked previously for the City and was capable and well liked by the Staff. A motion was made by Council Member Griffin, seconded by Council Member Farley, to approve the appointment by Mr. Ross to appoint Ron Wicker as the Interim Public Works Director. 11 City Council Regular Session, June 10, 2002 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Report from Board or Commission Liaisons. The City Council reported on Board or Commission meetings attended by the liaisons. Council Member Jackson reported that the Friends of West University Place Parks Fund hired an Executive Director and she will be starting June 19, 2002. Mayor Lewis reported that the Public Safety Board was working with the on-call traffic engineer. Executive Search Firm. The City Council continued their discussion regarding the appointment of an Executive Search Firm. A motion was made by Council Member Griffin, seconded by Council Member Jackson, to appoint Ralph Andersen & Associates to develop a profile for the position of City Manager. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None The Council addressed the number of citizens that should be involved. They asked the City Secretary to discuss the citizen involvement with Mr. Rohre. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Jackson, seconded by Council Member Farley, to adjourn. The Council meeting adjourned at 10:32 p.m. 12