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HomeMy WebLinkAbout091310R CC Min0 The City of West University Place ANeighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in special and regular session on Monday, September 13, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:15 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 5:18 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme and Segal, City Manager Ross, Assistant City Manager/Public Works Director Peifer, City Secretary Lenz, City Attorney Petrov, Police Chief Walker, and Assistant Public Works Director Dave Beach. Councilmember Guffey was absent. Mayor Kelly announced that Item 2 would be taken out of order and discussed first. Councilmember Segal moved to take the items out of order and take Item 2 first and Item 1 second. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 1. Real Estate Matters related to the purchase of property located at 3816 University and properties owned by the West University Baptist Church. Mayor Kelly, Mayor Pro Tern Fry, Councilmembers Boehme and Segal, City Manager Ross, Assistant City Manager/Public Works Director Peifer, and City Attorney Petrov were in attendance for the Executive Session. At 6:35 p.m., Mayor Pro Tern Fry moved to close the Executive Session and reconvene the open Workshop session. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey At 6:35 p.m., Mayor Pro Tem Fry moved to adjourn the Executive Session and reconvene the Workshop Session; and, with no action taken, adjourn the Workshop Session. Councilmember Segal seconded the motion. MOTION PASSED. City Council Minutes, September 13, 2010 Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 2. Recycle Board Strategic Plan Matters related to the Recycle Board's Strategic Plan. Recycling Board Chair Jan Kellogg, Co-Chair John Wilkerson, and member Julie Edwards presented this item, along with Assistant Public Works Director Dave Beach. Ms. Kellogg stated that this presentation is for informational purposes as well as to discuss some of the Board's recommendations. She then proceeded to review the Board's Strategic Plan with Council and made the following points: • Automated curbside collection of solid waste, recyclables and yard waste is a growing trend throughout the U.S. and the Recycle Board has reviewed its processes and possible changes in keeping with the Board's vision. She said the Board examined the capital costs, operational costs and pros and cons of automated collection, as well as making less dramatic changes to existing services. • Automation will create significant benefits for the City and its residents; however, a degree of confusion and complaints is anticipated. • In comparison to other communities of like size and demographics, though Houston is included because it is close by, we are good but not great. • Main benefits to automation that the Board could see are reduced operating costs, increase in recyclables, ability to track volumes, route restructuring, improved hygiene, and higher employee safety. • A phone survey for recycling efforts was conducted in 2008 involving 651 residents and it was learned that we have a very high level awareness (94%), a very high level of participation (91%), but only a small percentage (14%) recycle everything they can; so, the big challenge is trying to get more people engaged in recycling more of what they have. • Goals are to improve effectiveness by increasing recycling volume by at least 10%, reach 95% recycling participation, reach 40% curbside reduction rate, and actively educate citizens on why and how to reduce waste. • Additional goals are to increase service level by providing value to citizens, managing rate volatility by maintain appropriate reserves; applying technological advances in sustainable waste reduction and recycling to improve service delivery. Ms. Kellogg said the Board reviewed a large range of options, ranging anywhere from the status quo to sophisticated state-of-the-art automation. Ms. Kellogg then turned it over to Julie Edwards. Ms. Edwards explained the following: The Board narrowed its range of options to seven. First two options involve no cost and no service change and are based on increasing recycling participation. Depending on commodity prices, the City could see substantial savings if we increase our recycling volumes. Option 3 involves collecting yard waste separately from garbage and send for composting, which the City did at one time until it was discontinued in 2006. To reinstate the program, 2of9 City Council Minutes, September 13, 2010 there would be an additional cost, based on the current vendor's availability, of approximately $100,000 per year. The Board thinks reinstating the program is a good idea and thinks it might help raise awareness to the citizenry that landfills are expensive. Councilmember Boehme asked if we start recycling our green waste, what does that do to our recycling rate. Assistant Public Works Director Beach said it will increase recycling by approximately 57 percent. • Option 4 is to add two additional heavy trash events so that there are 4 a year instead of 2, which would cost the City about $23,000 a year, most of which is labor costs. • There are no capital outlay costs involved with Options 1, 2, 3, and 4. • Options 5, 6, and 7 all involve automation. Option 5 is to automate recycling just at the curbside; Option 6 is taking curbside trash and recycling; and Option 7 is doing all three (yard waste, recycling, and curbside trash). • There will be upfront capital costs for automation, because we would have to change the trucks and provide new containers to residents. • Automation would allow for large operating cost savings. • The Board thinks that at this point and time, it needs to learn more about automation and wants council's permission to continue investigating the automation options. • Option 7 is for a once a week pick-up instead of a bi-weekly pick up. Mayor Kelly said he has heard negatives about the noise generated from the trucks, the problems that might incur with street parking, and people not removing the containers from the streeticurb in a reasonable amount of time. Mr. Beach said he will provide Council with decibel readings, but said the trucks are not as loud as front loaders and believes the noise will be manageable. Regarding to street parking, Mr. Beach said if a container is on the curb next to the apron of the driveway, the arms of the truck will be able to reach out to about 108 inches to grab a container, even if it is between two cars. Councilmember Boehme said going automation is absolutely something that is going to happen, it's just a question of when it will happen in West U. Board Co-Chair Wilkerson said what drives the timing of this is the existing manual trucks, which has a life span until 2013. Ms. Kellogg spoke regarding the Board's recommendations. She said there are two levels of recommendations with the first being a combination of Option 1, 2, 3, and 4, which is to add collection of separate yard waste, increase heavy trash day event from 2 to 4 times a year, and embark on citizen education regarding overall waste reduction to begin at the first of the year. In regards to the education program, Mayor Pro Tern Fry asked if the Board has already embarked on a program. Ms. Edwards said they have a few ideas such as getting involved with the schools and working more with the Parks organization, but nothing has been formalized. Ms. Kellogg said the second recommendation from the Board is to request Council's support to further investigate Options 5, 6, and 7, which involves developing more precise information about the cost of moving to an automated collection, including funding opportunities, grants, and 3of9 City Council Minutes, September 13, 2010 sponsorships, as well as to develop a communication plan for residents to be launched at least 6 months in advance from the start of automation. Ms. Kellogg said the Board would like to return to Council within the next 2-3 months with more specific information regarding changing to an automated collection process by 2013. Ms. Kellogg then reviewed the pros and cons. The pros include tangible and intangible benefits of 40 percent waste reduction, operation efficiencies, ability to measure and track customer service, cleaner, healthier neighborhoods after pickup, and easier maneuvering of wheeled containers. The cons are citizen's resistance to change and the impact and reaction to large expenditure. Councilmember Segal said he would like to put the recommendations on a future Council agenda to consider, so that he can have a chance to study it further. He also said this is something that needs to be incorporated in the Budget process. Councilmember Boehme said he thinks the Board has done a fantastic job. He said his personal view of recycling in West U is that people want to do it. Mayor Pro Tern Fry said he thinks Council should support the Board's recommendation to proceed with investigating automation options. He said as for as Options 1, 2, 3, and 4, embarking on a citizen's education regarding overall waste reduction is a no-brainer. He said he sees no reason why they shouldn't proceed with both recommendations. Ms. Edwards said the Board will look at the equipment costs and possible grants to come up with a concrete plan as to how the automation process can be implemented. Mayor Kelly said it will take a lot of selling to convince him to go to automation because once we go that route we have to be committed for a long time. A copy of the Recycling Board's report is on file. Mayor Pro Tern Fry moved to recess the Workshop meeting at 6:20 p.m. to go into Executive Session (in accordance with Section 551.072 in Chapter 551 of the Texas Government Code) to discuss real estate (Item 1). Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items were as follows: CALL TO ORDER: Mayor Kelly called the meeting to order at 6:42 p.m. Council and staff attending workshop also attended regular session. Finance Director Daugherty, Building Official Brown, and City Planner Scarcella also attended. Brooks Barclay, Troop 511, led the Pledge of Allegiance and Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 4of9 City Council Minutes, September 13, 2010 3. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. Diane Wells, 3816 University, thanked Council for spending valuable time and effort on the tree ordinance. She is pleased that the ordinance promotes diversity, but noticed that the allowable trees for replacement has been reduced by 30 percent. She said it seems to her that if you want to promote diversity you should allow more species rather than fewer. J. Martin, 3756 Tangley, announced that his neighbor, Lora Rhein, is celebrating her 100th birthday. He said she is the original owner of the home at 3758 Tangley and lived there her entire life. She was married in 1939 and moved to her home in 1941. 4. Substandard and Non-Compliant Structures Matters related to Substandard and Non-Compliant Structures, including, but not limited to, the property at 2932 Wroxton. Councilmember Segal presented this item and said his reason for placing this on the agenda is so that Council could have a broader understanding of the process when dealing with properties that have not been cared for and/or have been abandoned. Mayor Kelly opened comments up to the public David Winks, 2914 Wroxton, spoke to say he moved in the City in 2007 and was told by a neighbor that the home at 2932 Wroxton has been vacant since the late 1990's, with electricity off for the last 6 years. He said he is trying to explore what recourse the City has to potentially bring this home up to Code and set a reasonable timeline for the owner to do so. Mr. Winks said it's his understanding that over 16 code violations have been issued to the owner of the property. Jim Ely, owner of property at 2932 Wroxton, spoke to say that he wants the people here to know that he is doing something with the property and has been working with Code Enforcement and City Planning, as well as the Building Official. Mr. Ely said he is aware of the condition of the property and has been served a Notice of Violation, according to IBC, and those issues will be corrected either by him or by the party he is contract with to sell it. In response to Mayor Kelly's questions, Mr. Ely confirmed that the property has been vacant since the late 1990's, the yard is being maintained, and there is a sell contract pending. Mr. Ely said in accordance with the IBC Maintenance Order that was issued he is required to fix it or he can sell it to another party who assumes the responsibility to take care of the maintenance issues, which is where we are today. He said he is in contract with Mr. Vernon Tyger, who is present at the meeting and who is aware of the repairs that need to be made. He said Mr. Tyger has received a copy of the violation order, which is attached to the contract of sale. He said a copy of the Contract of Sale, in redacted format, has also been provided to the City. Mr. Ely said they are looking for the escrow to close this month and then will be looking at plans for renovation and repairs to submit to the City for review and approval. He said following that, a contractor will pull permits, order materials, and begin construction. 5of9 City Council Minutes, September 13, 2010 Vernon Tyger, 9633 Longmont, Houston, Texas, spoke to say that he is in contract with the owner to purchase the home. He said water is currently on at the house and electricity is going to the house, but is off at the fuse box. He said it is a great architectural home and is structurally sound. He said he intends to take out the sheetrock throughout the home, rewire, repair plumbing, and install new windows and doors. In response to Councilmember Boehme's question to Mr. Tyger as to whether he anticipates closing within the next 30 days, Mr. Tyger replied yes. Councilmember Boehme said he agrees that the architecture on the home is interesting and it would be a shame to have the house torn down. . Councilmember Segal asked if the current violations are subject to a time limit. City Attorney Petrov said he doesn't know what citations have been issued against the property at this time. Mayor Kelly asked Mr. Tyger to inform the City Secretary if the closing does not happen by the end of the month. Building Official Brown spoke to say that to his knowledge there are no outstanding citations on this home. Councilmember Segal said if this deal doesn't close, the owner should be required to make the changes. Mr. Brown said if the contract doesn't go through and we don't have from the owner a list and a timeline on when he will get the repairs done, then it will go to the Building and Standards Commission to get an order from them. 5. Certificates of Obligation Ordinance Matters related to an ordinance authorizing the West University Place. issuance of Certificates of Obligation for the City of Councilmember Segal moved to adopt an ordinance authorizing the issuance of City of West University Place, Texas, Certificates of Obligation Series 2010-A, levying an ad valorem tax pledging certain net revenues, authorizing the execution of a transfer and paying agency agreement, certificate purchase agreement and other matters in connection therewith. Mayor Pro Tern Fry seconded the motion. Ryan O'Hara with RBC Capital Markets made a presentation to Council for both this item and Item 6 and then a vote was made on the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 6. Permanent Improvement Bonds Ordinance Matters related to an ordinance authorizing the issuance of Permanent Improvement Bonds for the City of West University Place. Councilmember Segal moved to adopt an ordinance authorizing the issuance of City of West University Place, Texas Permanent Improvement Refunding Bonds, Series 2010, levying an ad valorem tax, approving an official statement, authorizing the execution of a bond purchase agreement, paying agency agreement; an escrow agreement and other matters in connection therewith. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. 6of9 City Council Minutes, September 13, 2010 Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 7. Resolution Accepting Certified Appraisal Roll Matters related to a resolution acknowledging receipt of appraisal roll, assessor-collector's certificate. Finance Director Daugherty presented and said Council is being requested to accept the certification of the appraisal roll from the Harris County Chief Appraiser, the certification of the estimated collection rate from the Harris County Tax Office and the 2010 Notice of Effective Tax to be published. Ms. Daugherty said the City received the certified values from the appraisal district on September 2, 2110, and said the certified taxable value of $3.979 billion does not include any properties that are under protest, which is about $40,000,000. She said there is $66,000,000 in properties not yet certified and not under protest, which gives us an estimated taxable value of $4,086,000, which is a 2.6 percent decrease from last year. Ms. Daugherty said in the calculation is an estimate of $29,700,000 in new construction that, which is a 50 percent decrease from last year's $58,700,000. Ms. Daugherty said our effective tax rate is .37112, which is the rate we need in to adopt in order to bring in the same amount of revenue we brought in this year. She said our current tax rate is .35875 and the rollback rate is .38806. Councilmember Segal moved to accept the 2010 certified appraisal roll, the 2010 certified estimated tax collection rate, and the notice of effective and rollback tax rates as calculated by the City's Tax Assessor/Collector, Leo Vasquez. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 8. Resolution Recording Vote on Proposed Tax Increase and Scheduling Public Hearings Matters related to a resolution proposing a tax increase and scheduling public hearings. Councilmember Segal moved to adopt a resolution proposing tax rate, scheduling public hearings, and containing related findings and provisions using .38005 per $100 valuation. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 9. H-GAC General Assembly Representatives Matters related to the designation of a West University Place representative and alternate for the Houston-Galveston Area Council 2011 General Assemblv. 7of9 City Council Minutes, September 13, 2010 Councilmember Boehme moved to reappoint Mayor Pro Tem Fry to be the City's representative and Councilmember Chuck Guffey to be the alternate. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 10. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. City Council Minutes Approve City Council regular meeting minutes of August 23, 2010. B. Resolution Appointing/Reappointing Members to Friends of West U Parks Fund Matters related to a resolution appointing/ reappointing members to the FWUPF. C. Tree Ordinance Matters related to trees, including consideration of an ordinance on second and final reading. D. Emergency Debris Monitoring Matters related to authorizing the City Manager to enter into an agreement to December 31, 2011 with Becks Disaster Recovery for emergency debris monitoring services. E. Friends of West U Place Parks Fund Donor Appreciation Event Matters related to changing the specified time of the Friends of West U Place Parks Fund Donor Appreciation Event to be held on September 26, 2010. Mayor Kelly removed item B from the agenda. Councilmember Boehme moved to approve the Consent Agenda with the exception of Item B. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Friends of West U Place Parks Fund appointees Ann Freeman and Courtney Archer were present at the meeting, so Mayor Kelly asked them to come forward. Mayor Pro Tern Fry read the resolution appointing and reappointing Friends to the Board and moved to approve the resolution. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 8of9 City Council Minutes, September 13, 2010 11. Reports by Council/Staff A. Report on August 2010 meetings of the Texas Municipal Retirement System (TMRS) Advisory Committee. Councilmember Segal reported that the Advisory Committee unanimously recommended that funds be merged as discussed before and it was presented to the Board, which took it under advisement. It was not on the Board's agenda to vote, so they will have it on their agenda in September. Councilmember Segal said the Advisory Committee presented a proposal that involves a Strategic Plan for continued review of the flexible COLA and continued review of a second tier plan, which means that a City can adopt a program where new employees will be covered by a 401 K plan. Councilmember Segal said he understands that normally after the legislative proposal goes to the Board, the Advisory Board would not meet again until the year before the next legislative session. The Advisory Board recommended to the Board that this Advisory Board continue to meet to discuss a strategic plan and to continue discussion of certain issues (flexible COLA, second tier plan, etc) that might be presented to a subsequent legislative session. The Board is expected to consider both recommendations at its September meeting. With no other business before the Council, Councilmember Boehme moved to adjourn the meeting at 7:35 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Noes: Absent: Meeting Adjourned. Kelly, Fry, Boehme Segal None Guffey A. Lenz, City Secretary V~ WEST G~ ~b F~ N K ~4 .1*.J Date Approved: 9of9