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HomeMy WebLinkAbout092302R CC Min CITY COUNCIL REGULAR SESSION MONDAY, SEPTEMBER 23, 2002 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 September 23, 2002, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Finance Director, Fire Chief, Police Chief, Parks and Recreation Director, Interim Public Works Director, Operation Superintendent and Management Analyst were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 20 day of September 2002 at 5:45 p.m. Formal Session Public Hearing (Budget). Public hearing to consider the 2003 proposed budget covering all funds for the City of West University Place. Mayor Lewis called the public hearing to order at 6:30 p.m. City Manager Michael Ross presented an overview of the 2003 proposed budget. He reported that the appropriations require a property tax rate of $.43 cents per $100 of property value, which is divided between the Debt Service Fund and the General Funds. The Debt Service Fund would be $.19 cents and the General Funds would be $.24 cents. Members of the public were invited to ask questions or speak concerning the proposed budget. Sue Cole, 3523 Robinhood, cautioned the Council and asked that in implementing the city fund that the wants do not over shadow the needs. She stated that one example was that she did not want cute and charming streetlights just ones that would meet safety issues. Priorities should be set with flooding, safety and employee salaries as the foremost consideration. Dick Yehle, 6401 Rutgers, commended Finance Director Walter Thomas about his note on managing the fund balance. Mr. Yehle encouraged the Council to pay for what we are using this year with money we have this year and not to mortgage the future. He also opposed the purchase of solid waste roll out containers. City Council Regular Session, September 23, 2002 Dan Dody, 3840 Byron, spoke to the council about flooding and the problem being caused by the infrastructure changes. He asked why the flooding problem could not be fixed with infrastructure money. He commented that the value of the City is how it treats its most needy people. Scott Frisbie, 3814 Southwestern, stated that he agrees with Mr. Dody?s comments. He commented that the flooding problems forced him to regret moving from his pier and beam house. He stated that he might have to move from West University Place or build a new home 4 or 5 feet above ground. Charles Schwager, 3819 Oberlin, commented that everyone was attending the meeting because of the flooding. He stated that he does not understand why they have to keep coming back to the Council and that he is looking at the budget and there is still nothing relating to flooding appropriated. He stated that they deserve a minimum quality life. Mayor Lewis commented that recently the City Council voted to authorize the preliminary engineering drawings that would address the flooding issue in the neighborhood. In addition, the City has partnered with the Harris County Flood Control District and they have funded $550,000 for engineering purposes to Claunch & Miller, Inc. to address the whole drainage and flooding issue. Before the Council makes a decision about how best to address the problem we are going to have to go through these steps to see what the recommendations are. Mayor Lewis stated that there is no money in this budget because actually the funds for engineering drawings are coming out of the 2002 budget. If in the next year, the recommendation is to move forward with a project that costs 3.5 million dollars then that may well call for a bond vote. She commented that the Council is concerned about their problem. Council Member Griffin commented on the agenda during the formal meeting there is an item relating to the Metropolitan Transit Authority Mobility Fund and at that time she would like to make a motion to request that the City Manager formally request the funds be authorized to change to the infrastructure. John Donovan, 3829 Byron, commented that he agrees with the other people who have spoken about flooding. He stated that the streets flood every time it rains not just during Tropical Storm Allison. Marlene Champion, 3832 Southwestern, stated that she has had flooding for years but not as bad as it has been the last ten years. She requested that the $3.2 million for drainage be included in the 2003 budget. She suggested that since she has had to drop her flood insurance maybe the City should pay it for the residents. Tom Cole, 3832 Byron, commented that it was his understanding that the City was getting engineering plans in order to know how to do the drainage project and in the potential capital projects in the 2003 budget there is $255,000 that would fund this project. He inquired if this was correct. 2 City Council Regular Session, September 23, 2002 Mr. Ross replied that $85,000 has been approved by Council now so that Claunch & Miller can begin the preliminary engineering which is preparing the base maps, doing the surveying and the geo-technical work to determine the soils. The next step will ultimately be to move on to the detailed engineering and drawing of plans and specifications and this really needs to happen concurrently with what comes out of the Flood Control District study. In addition to this, the City of Houston will be working to make repairs by installing large box culverts on Kirby, Bellaire and Braes. The studies of Kilmarnock Ditch and Poor Farm Ditch are coming out of what the Flood Control District is doing and the City of West U, by doing the preliminary phase, is just making sure that the City?s part is done so that we are ready to work with the other two entities. Mr. Ross stated that the $255,000 is for the detailed plans and specifications and is currently listed for Council to either choose to fund it as a capital project through the Fund Balance or it could be funded from the Infrastructure Fund. Mayor Lewis stated that it could be funded from two different sources but the idea is for it not to be a number that impacts the tax rate. Tom Reilly, 3501 Georgetown, commented that flooding should be a priority. He stated that he was concerned because no one knows when this is going to happen because the City is doing nothing but planning and that it was certainly more serious than sidewalks. Deborah Wallace, 4033 Case, commented that the Council should scrutinize the budget plans for the Police Department because the City of West U is paying twice as much for less service than the City of Bellaire. Fran Griffin, 3826 Villanova, asked if in 2004 the City of Houston is not ready to complete the drainage then is the City of West U going to still wait. Mayor Lewis commented that she did not think the City of West U was waiting for anyone rather trying to work in tandem with others who are doing similar studies and projects. There being no other persons wishing to speak, a motion was made by Council Member Griffin, seconded by Council Member Farley, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. 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 There were two written comments on this topic. 3 City Council Regular Session, September 23, 2002 Public hearing (Tax Rate). Public hearing to consider ad valorem taxes, including: (i) the proposed tax rate for 2002, (ii) setting and announcement of meeting to vote on the tax rate, and (iii) related matters. Members of the public were invited to ask questions or speak concerning the proposed tax rate. Joan Johnson, 6615 West Point, commented that she was concerned about the taxes in West University Place and that the Council had the ability and power to keep the tax rate at $.42. She stated that a 9-1/2 increase due to property appraisals should be enough to support the City. Mrs. Johnson also stated that flooding should be a high priority. A motion was made by Council Member May, seconded by Council Member Jackson, to name October 7, 2002 at 6:30 p.m. as the official date on which the tax rate will be set and voted upon. 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 There being no other persons wishing to speak, a motion was made by Council Member Griffin, seconded by Council Member Farley, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. 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 There were no written comments on this topic. Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Babbs Burke, 5432 Community, requested that the Mayor sign a proclamation endorsing the years 2001- 2010 as a Decade of Nonviolence. She stated that they implement 4 City Council Regular Session, September 23, 2002 programs through book discussions, art and culture festivals and workshop with teachers to promote nonviolence. 2002 Budget amendment. Matters related to a 2002 budget amendment including second and final reading of Ordinance No. 1718. Mayor Lewis read the caption of Ordinance No. 1718 as follows: An ordinance amending the budget of the City of West University Place, Texas for the fiscal year beginning January 1, 2002 and ending December 31, 2002; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1718, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that the Council directed staff to bring forward a budget amendment in order to enable the City Manager?s contract. This ordinance accomplishes what Council has requested. It adds $267,000 dollars to the general fund to take care of the City Manager?s contract and to take care of some other budget overruns particular overtime in the Fire Department A motion was made by Council Member Jackson, seconded by Council Member Farley, to adopt Ordinance No. 1718 on the second and final reading. 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 Appointment of representatives to the Houston-Galveston Area Council General Assembly. Matters related to the appointment of a representative and alternate to the Houston- Galveston Area Council General Assembly. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to appoint Council Member Bill May as the representative and Council Member Mike Farley as the alternate representative to the Houston-Galveston Area Council General Assembly. 5 City Council Regular Session, September 23, 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 Harris County Flood Control District study. Matters related to a Harris County Flood Control District study, including memorandum and appointment of study group members. Mr. Ross reported that the ?Study Group? was established in order to coordinate flood mitigation efforts among the Cities of West University Place, Southside Place, Bellaire, and Houston and the Harris County Flood Control District, while studying the areas of Poor Farm Ditch and Kilmarnock Ditch to address structural, capacity and maintenance issues. The ?Study Group? will be comprised of representatives appointed by the Harris County Flood Control District and representatives from each of these Cities in accordance with the Harris Flood Control District Interlocal Memorandum of Understanding. Denise Beck and Denny Powers, members of the West U Drainage Committee, have agreed to serve on the Harris County Flood Control District ?Study Group? as representatives for the City of West University Place. A motion was made by Council Member Farley, seconded by Council Member Jackson, to confirm the appointment of Denise Beck and Denny Powers to the Harris County Flood Control District ?Study Group?. 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 Water and wastewater treatment chemicals. Matters related to chemicals used for the treatment of water and wastewater including bids received on September 12, 2002 for the purchase of chemicals. Interim Public Works Director Ron Wicker reported that sealed bids were opened on September 12, 2002 for the three major chemicals used in the treatment processes for Drinking Water and Wastewater. These chemicals include Chlorine Gas, Sodium Bi- Sulfite, and Polymer. Chlorine gas is used in both Drinking Water and Wastewater Treatment for disinfection. Sodium Bi-Sulfite is used in the Wastewater Treatment 6 City Council Regular Session, September 23, 2002 process to remove any residual Chlorine prior to discharge to the bayou. Polymer is used in the bio-solids dewatering process to increase the ability to remove water from the solids. Five companies submitted bids with results as follows: Company Chlorine Gas Polymer Sodium Bi-Sulfite Altiva $0.4533 /pound 150 lb. No Bid No Bid CorporationCylinders No BidNo Bid $0.2245 /pound 1 ton Containers DXI Industries, $0.5300 /pound 150 lb. No Bid No Bid IncCylinders No BidNo Bid $0.2825 /pound 1 ton Containers Mid-Co Water No BidNo Bid$1.55 Treatment, Inc/gallon Fort Bend No BidSuperfloc C1598 - $1.02 No Bid Services/poundNo Bid Superfloc C4518 - $1.04 / pound Armstrong No BidAWT-3130 - No Bid Water $1.05/pound Technology, Inc. Mr. Wicker stated that as allowed and specified in the ?Instruction to Bidders?, the staff is recommending awarding based on partial bids to the three lowest bidders, as no bidder submitted a bid for all three chemicals. This authorization is to endure for a maximum of two years or until alternate vendors or pricing is obtained and authorized. A motion was made by Council Member Griffin, seconded by Council Member Farley, to authorize issuance of purchase orders for treatment chemicals to Mid-Co Water Treatment, Inc. for Sodium Bi-Sulfite, Fort Bend Services for Polymer and Altiva Corporation for Chlorine Gas. 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 Metropolitan Transit Authority Mobility Fund. 7 City Council Regular Session, September 23, 2002 Matters related to the Metropolitan Transit Authority Mobility Fund including a request for the reallocation of funds (including, e.g., streetlights, sidewalks, other street improvements, drainage and other purposes). A motion was made by Council Member Griffin, seconded by Council Member Farley, to recommend that the City Manager be authorized to formally request Art Storey from the Harris County Public Infrastructure Department to process a change to the present commitment of the Mobility Fund from the street lights to the infrastructure. Council Member Jackson commented that it seems as if Art Storey is making a play for the City to continue to use that money for its designated end result and he can not give any guarantees that if its not designated for that end result that the City will get the full amount of money. He stated that it would be nice if the City could steer this towards the flooding problem but that flooding problem is going to be covered with a bond issue because its going to be somewhere in excess of $3.8 million. He stated that for these reasons he would not support changing the designated purpose of the money. Council Member Griffin commented that the City has a letter from Mr. Storey dated September 23, 2002. She read the letter in its entirety and further stated that she called Shirley DeLiberio of the Metropolitan Transit Authority and she said that there did not seem to be a problem changing the money as long as it fit one of the guidelines. Council Member Griffin stated that it does fit one the guidelines and other cities such as Bunker Hill are using the money for infrastructure. Council Member May commented that he has been interested in this subject and the City has several things underway with respect to pedestrian lighting. He stated that he would like to hold this in abeyance until the City gets the information and can make a more rational decision. There would be nothing at that point that would preclude the Council from using this either for lighting or for sidewalks and if that time the City can use it to augment the drainage then he would not have a problem with that. Council Member Griffin commented that this is absolutely truly amazing that the Council is not going to listen to the citizens of West University Place. She stated that the City has the money, we have been told that it can be changed and there is nothing that the Council needs to wait on to change the designation of these funds. She asked Council Member May what significant event the City would need to wait for. Council Member May commented that he would like to wait on the City Manager who is in the process of looking at the opportunity to bid the lighting as opposed to the only way the Council had seen it prior to this which was going through HL&P and it could make a substantial difference. The issue of bidding streetlights should be taken care of well in advance of the preliminary work that Claunch & Miller is doing. He stated that this could easily be deferred until that point and further down the line the City will have an opportunity to know what the Flood Control District is and isn?t going to do. 8 City Council Regular Session, September 23, 2002 Council Member Farley inquired about the deadline to request that the money be reallocated for a different purpose. Mr. Ross stated that METRO has not given a deadline but the Staff should expect to receive the contract in the near future for review and the Council and Staff can offer comments and suggestions at that time. Council Member Farley stated that given the fact that the City has a shortfall currently in the City?s infrastructure and the money is all the same whether it is bonds for drainage or bonds for streets, he would support Council Member Griffin?s request that the Council ask Art Storey if the money can be diverted to infrastructure. This would free up $1.5 million in debt that the City might assume later. Council Member Farley also stated that the Council needs to keep in mind right now that the tax rate increase driver in the budget is the debt service side. If this City Council is committed to addressing the drainage problem then whatever funds can be found should be used; and regarding streetlights, the Council has still not figured out where the City is going to get the $300,000 to $500,000 annual operating costs once all the streetlights are in. Mayor Lewis commented that the request was made for streetlights and sidewalks and at that time the Council was committed to putting in streetlights throughout the City and the estimate based on the information we had then was probably somewhat in excess of $1.5 million. The City asked for this amount thinking that would be free streetlights so the only thing that the City would ultimately have to pay would be the cost of operating those streetlights. If the Council decides that we are not going to do streetlights then the $1.5 million is still available and can be diverted to sidewalks. Drainage funding is a totally separate issue but does not change the priority. Mayor Lewis called for a vote on the motion. A vote was taken on the motion with the following result: Voting Aye: Council Members Farley and Griffin Voting Nay: Mayor Lewis, Council Members May and Jackson Absent: None The motion failed. City Council minutes. Matters related to the minutes of the Regular Session conducted on September 9, 2002. A motion was made by Council Member Farley, seconded by Council Member Jackson, to approve the minutes as presented. 9 City Council Regular Session, September 23, 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 Staff Report. Mr. Ross reported that the oleanders on Edloe would be trimmed this Fall. He also reported that he met with the City Manager of Southside Place about sharing the cost of the preliminary engineering study but they do not have any funding in this year?s budget but they fully expect to pay their fair share. Mr. Ross reported that this Thursday is the first meeting with the Harris County Flood Control study group. Council comments. Council Member Griffin commented to the audience that she could only do so much. The City Council recessed the Formal Session to convene in Informal Session at 8:04 p.m. Informal Session Property at 3771 Rice Boulevard. Matters related to the property located at 3771 Rice Boulevard. Mayor Lewis invited residents to comment. Ramsay Elder, 2821 Tangley, reminded the Council of the dramatic disparity in the distribution of parks in the City and to reiterate that the way to address this is to continue with the Parks Master Plan and not to add to the disparity. The City Council followed the Master Plan by acquiring the final lot at Colonial Park and the Y.M.C.A. property. There is now a proposal to disregard the Plan and spend more money on west side parks. The Plan calls for two new neighborhood parks east of the Poor Farm Ditch and there is now two adjacent houses for sale in a good location on the east side. Mr. Elder suggested that the Council add funding to purchase these lots because the proposed development of a park on Rice are duplications of what the City already has. Cecilia McCann, 3004 Georgetown, commented that in looking back on the record on the property at 3771 Rice a City Council saw it as a potential park and voted ?yes? to purchase it. The Parks Board saw it as a potential park and included it in the Master Plan. The Friends saw the potential to marginally improve it but not with a big budget and 10 City Council Regular Session, September 23, 2002 called it Rice Pocket Park. They have now voted to request that the City Council designate this land as a park and protect it. Susan Kasper, 4127 Cason, commented that as a library patron she has been very disturbed by the children who are being left after school under the care of the library personnel. She stated that it was great to go there this afternoon and actually see the children playing at 3771 Rice and being able to have fun there instead of on the sidewalks. Nothing else has to be done to this area right now but the City does need to keep the property. Joni Fichter, 3733 Arnold, speaking for the members of the Friends Board, stated that the Friends Board is dedicated to providing pleasant green space and parks for West U. Parks space is hard to come by and becomes increasingly more expensive every year. They strongly believe that the City should not hesitate but move forward with developing this City owned lot. As the entrance to the City square, the Friends feels this is a prime location for which we can raise funds and develop a nice area that neighbors can use as a meeting space and play area. Mrs. Fichter stated that they realize the Parks Board has some concerns about developing the space but it is the Friends strong hope that they will support their viewpoint. Council Member Griffin commented that no tax dollars are being funded to develop the property as a park. The City paid $135,000 for the property and at that time voted to designate it as a park. Following a complete discussion of this item, A motion was made by Council Member Griffin, seconded by Council Member Farley, to designate the property located at 3771 Rice Boulevard as a park. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members Farley and Griffin Voting Nay: Council Member May Absent: None Abstain: Council Member Jackson The motion passed. Council Member May commented that his ?no? vote was not a voice against this being a park or against green space. The idea of green space in conjunction with the community building is a great idea but having served as the liaison to the Parks Board and being involved with the Master Plan, the concept of the Plan was valid and he did not want to complicate the situation. The City Attorney was requested to prepare an ordinance for the next meeting. 11 City Council Regular Session, September 23, 2002 Sidewalks. Matters related to sidewalks including an update on the proposed master plan. Council Member Farley called for a ?point of order? on this particular item in that this item was not properly placed on the agenda. He stated that in a distributed email from th SWA they are going to make a presentation to the Council on October 7. He asked that this item be deferred until the actual presentation is made to the City Council. The public th hearing would be held on the 9. After numerous comments from residents and discussion of this item by the City Council, the City Council agreed that the presentation by SWA would be presented to the Council thrd on October 7 and the public hearing would be held on October 23 in the Community Building. Harris-Galveston Coastal Subsidence District. Matters related to the Harris-Galveston Coastal Subsidence District including the appointment of a representative. Mayor Lewis reminded the Council that the Mayors of the Cities of West U, Southside Place, Bellaire and Jacinto City are requested to jointly appoint one representative to the Harris-Galveston Coastal Subsidence District. She stated that if any member of council had a suggestion for a representative to let her know. Drainage and flood prevention. Matters related to drainage and flood prevention including a joint preliminary engineering study with the City of Southside Place. This item was discussed during the Formal Session. City finances, facilities, programs and the 2003 Budget. Matters related to city finances, facilities, programs, and the 2003 Budget including revenues and expenditures for current and future years for all funds, and capital improvements, priorities, and related programs and expenditures, including YMCA facilities and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, animal recreation facility, traffic and parking and other public improvements. Mayor Lewis requested that additional items be cut from the budget to get to a 42-1/2 cent total tax rate. She suggested reducing the City Attorney?s budget, eliminating city currents and additional cuts in overtime and travel and training. 12 City Council Regular Session, September 23, 2002 Board or Commission meetings. Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety, Senior Services, Recycling & Solid Waste Reduction and Drainage Committee) including reports from Council liaisons. Council Member May reported that the Senior Services Board would like to put forth an effort to have a national meeting of an organization that deals with safety. Mayor Lewis commented that she challenged the members of the Parks Board and the Friends of the Parks to get their acts together. Inquiries, requests and complaints. The City Council reviewed matters received from the public and referred them to the appropriate department or will place them on a future agenda for consideration or action. Council Member Griffin mentioned that the City in regards to the ISO rating has now achieved a ?2? rating which translates to a 14-16% decrease in the insurance premiums. She also commented that she was finding it difficult on a day-to-day basis hearing about what board members are saying and directing staff. The Board members represent the citizens and are a reflection of West U and there have been numerous occurrences of inappropriate and insensitive statements. Assistant City Manager/Public Works Director. Matters related to the appointment, employment, evaluation, reassignment and duties of a public officer or employee A motion was made by Council Member Griffin, seconded by Council Member May, to approve the appointment made by the City Manager of selecting Ron Wicker as the Assistant City Manager/Public Works Director. 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 Adjournment. 13 City Council Regular Session, September 23, 2002 With no further business to come before the City Council at this time, a motion was made by Council Member May, seconded by Council Member Jackson, to adjourn. The Council meeting adjourned at 9:55 p.m. 14