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HomeMy WebLinkAbout092710 CC Min0 The City A Neighborhood 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 27, 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 6:20 p.m. Also in attendance were: Mayor Pro Tem Fry, Councilmembers Boehme, Guffey, and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, and Police Chief Walker. 1. Real Estate Matters related to the purchase of property located at 3816 University and properties owned by the West University Baptist Church. At 6:21 p.m., Mayor Pro Tern Fry moved to postpone this item until after the regular meeting. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None At 7:35 p.m., after adjourning the regular meeting, Council reconvened the special workshop session and went into closed executive session in accordance with Section 551.072 in Chapter 551 of the Texas Government Code (discussion about the value or transfer of real property and other real estate matters). At 7:50 p.m. Council adjourned the executive session and reconvened the special workshop session. With no action taken and no further business, Councilmember Boehme moved to adjourn. Councilmember Gulley seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) of West University Place Agenda items were as follows: City Council Minutes, September 27, 2010 CALL TO ORDER: Mayor Kelly called the meeting to order at 6:30 p.m. Council and staff attending the Workshop also attended regular session. Finance Director Daugherty also attended. Cub Scout Troop #266 - No. 1 Webelos 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. 2. Metropolitan Transit Authority of Hams L;ountV loot I KW Matters related to the Metropolitan Transit Authority of Harris County, including but not limited to a report by METRO representatives. At the time this item was to be presented, METRO representatives had not yet arrived. 3. Public Comments Mayor Kelly deferred this item until such time all those that wished to speak had the chance to sign-in. Once all signed in, Mayor Kelly revisited this item and the following comments were heard: Stephen Livingston, 3826 Southwestern, said he preferred to defer his comments until a later date Dan Krocker, 3835 Marquette, spoke regarding the College Street drainage issue. He said because he requested the item be on this agenda before the deadline, he wanted it added to the agenda tonight so that Council could answer resident's concerns. City Attorney Petrov said it can't be added tonight due to the law that items to be discussed be posted 72-hours before the meeting; and, City Manager Ross informed to Mr. Krocker that every request doesn't automatically make it on an agenda, but said the issue will be added to the October 11, 2010 agenda. Mr. Krocker said there are serious concerns regarding this situation and said whatever is needed from the residents, they will be more than happy to provide. He said there needs to be communication and requested he be provided with a chronological description of how we have gotten to where we are today, such as where all the various funds have come from and the names and contact personnel of the different agencies that have assisted the City relative to this issue. Tish Albin, 3817 Southwestern, spoke to say her goal is to find out how the restrictor has come about. She said she contacted Steve Radack and in conversations with him she got the idea that the Harris County Flood Control District (HCFCD) feels like West U agreed to the restrictor and that's why it's in place. She said she feels there is something missing and she would like information. Bob Olsen, 3820 Marquette, spoke to say that he is a victim of Tropical Storm Allison and seconds Mr. Krocker;'s comment about needing more communication and said he would like a layout of where we are in the sequence and encouraged the City to make an extra effort to communicate to the residents. Doug Friedman, 3840 Byron, seconded Mr. Krocker's comments with added concern about where the City will get the funding to remove the restrictor. He said it seems we are little out of phase in addressing the project, because he feels it should be discussed at the time of the hearing for the 2011 Budget. Dan Doughty 3840 Byron, spoke to say that we have been waiting 10 years for this. He said he was told by then mayor Burt Ballanfant that this was not a high priority item and now he hears that we've 2 of 6 City Council Minutes, September 27, 2010 been working on it for 10 years. He said the City has been studying what was a $2,000,000 project and not it has become a $9,000,000 project. He wanted to know how we got to where we are with all the studying that has been done over the years. Mr. Doughty said we have had money for streetlights, sidewalks, and recreational facilities, but didn't have $2,000,000 to stop the flooding at their houses. He said the problem we are having was created by the City when it fixed surrounding streets and created a bowl effect in the College Street area. He said at the same time new streets were installed, the City left the small drains and then wouldn't spend $2,000,000 to fix the problem. He said instead of fixing the problem 10 years ago, he now has a house he can't insure. Mr. Doughty said he can't imagine how you can study something for 10 years, plan it, put engineers on the project, get it done, pay people to do it, and then stop it up. He said the restrictor is not necessary and said all they want is the water carried out like every other part of West U. Paul McIntosh, 3834 Southwestern, said he has been in the City for 6 years and would like to understand if the issue of the retention pond wasn't addressed as part of the original study, why wasn't it addressed and, if it is being addressed now, what's the timetable for resolution. H. Graham Cull, 3815 Oberlin, spoke regarding little league, municipal elections, and parking. He said he was an election worker during the last election and little leaguers took up all the parking, which he thinks impacted voter turnout. Louisa Bergeren, 6333 Mercer, regarding trash automation. She said she has been behind those trucks in other neighborhoods and her observation is that with our tight parking situation, if the truck arm can't get between the cars, then the trash won't get picked up. Tish Albin, 3817 Southwestern, spoke again. She said some people said that things are better than before. She said that might be, but on July 15 there was a hard rain and College was impassable. After public comments, Mayor Kelly said City Manager Ross would be happy to meet with the College Street residents after the Executive Session meeting this evening. He then went to Item 6. 4. Schedule a Public Hearing on the 2011 Budget Matters related to scheduling a Public Hearing on the 2011 City Budget. Mayor Pro Tem Fry moved to approve establishing a public hearing on the Budget for October 11, 2010 at 6:30 p.m. at the City of West University Place City Hall. Councilmember Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 5. 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 September 13, 2010. B. Resolution Appointing a Member to the Seniors Board Matters related to the appointment of George Baker to the Seniors Board. 3of6 City Council Minutes, September 27, 2010 C. Wastewater Treatment Plant Belt Filter Press Replacement Matters related to a contract with HDR/Claunch & Miller to provide engineering services related to the Wastewater Treatment Plant Belt Filter Press Replacement. D. Wastewater Treatment Plant Generator Replacement Matters related to a contract with HDR/Claunch & Miller to provide engineering services related to the Wastewater Treatment Plant Generator Replacement. Councilmember asked that items 5C and 5D be removed for discussion. Mayor Pro Tern Fry moved to approve the Consent Agenda with the exception of items 5C and 5D. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None Councilmember Segal asked if staff knew the construction costs for items 5C and 5D. Assistant City Manager/Public Works Director Peifer explained that staff is hoping to take advantage of some collective purchasing for the belt press; however, we do have to look at the foundation issues, which should be below $400,000. Mr. Peifer said the generator is pegged at approximately $540,000; however, this is part of the Texas Community Development Block Grant program where we are getting $230,000 to offset the cost. He said it was also originally pegged at 750 kW unit, but we have yet to put in the application for the grant. Councilmember Segal asked if the costs were included in the Capital Budget. Mr. Peifer said yes, there are adequate funds for both projects in the Wastewater Water Capital Reserve. With no further comments or questions, Mayor Pro Tern Fry moved to approve items 5C and 5D of the Consent Agenda. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 6. Reports by Council/Staff In order to give METRO representative time to arrive to the meeting, Mayor Kelly asked City Manager Ross to give an impromptu report on the College Street project. City Manager Ross reported that staff has been working with the Harris County Flood Control District (HCFCD) and the County for a while and said the College Street system project has just been completed and accepted. He said staff began studying the project after Tropical Storm Allison. He said the one thing that does still exist is the restrictor, which partially restricts outfall into Poor Farm Ditch until the detention question is resolved with the HCFCD. Mr. Ross said we have made great headway and thinks we are very close to resolution with the HCFCD. He said this is an ongoing issue and is the number one priority for Council and staff. At this time, Public Comments were heard. Please see Agenda Item 3 for comments. After Public Comments were heard, the following reports were given. 4 of 6 City Council Minutes, September 27, 2010 A. Matters related to a report relating to the Metro Mayors meeting of September 14, 2010. Mayor Kelly reported on his Metro Mayors meeting of September 14, 2010. He said there is a 1 percent sales tax allowed by the legislature for Metro use and that about a fourth of that 1 percent of sales tax that Metro pays in comes back to the City, which is called a Mobility Fund. He said West U's amount of $259,000 a year, which has to be used for Metro related transportation projects. Mayor Kelly said the new CEO of Metro, George Greanias, attended the September 14 meeting and said Metro's position is to continue the Mobility Fund up to 2014 and beyond. He said there has to be election, so the issue will go to the voters for 2014. He said the Metro-cities mayors are in favor of this and will work towards passage. Councilmember Guffey said he doesn't see the logic behind them giving up a percentage of their sales tax. Councilmember Segal said the funds we received were used for transportation related improvements, such as street lights. He said it is a sharing of money for transportation needs. Councilmember Boehme said he views the issue as bigger than just the Mobility Funds. He said we can argue about the definitions, but the fact is that the geographical area that is legally defined as the City of West University Place contributes 1 cent of the 8.25 cents sales tax revenue that we collect, which is about $1,000,000 year. He said if all that happened was Metro collected $1,000,000 from the City of West U and all they did was give us $259,000 back, he would suggest that's not a very good deal. He said, however, that's not exactly what's happening. He said he is encouraged about the transparency under the new administration, but he has asked questions that have managed to cause a stir, which surprises him. Councilmember Boehme said a couple things he wants to know are an explanation about the recent Federal Transportation Association finding that they had violated the Federal Procurement and the Buy American Laws and the appointment process to the Metro Board. . Mayor Kelly said the problem he has with the questions Councilman Boehme asked of Metro is that it might send a negative message to Metro with a new administration that is bending over backwards to help the Metro cities. He said one thing he wants to clear up is that Metro is an independent taxing authority created by an election authorized by the Texas Transportation Code that collects a 1 percent sales tax throughout its service area. The City of West University Place does not contribute sales tax to Metro. The City of West University Place actually receives money from Metro under the General Mobility program, which is a contract with the City for Metro to fund transportation projects. B. Matters to Community/Senior Center improvements, including information regarding scope, cost, and estimated completion date. City Manager Ross reported on the final scope of the internal and external improvements to the Community Center, including new coats of paint, new flooring, HVAC work, restroom improvements, etc. He said we expect to be out for bids within the next 60 days. He said staff hopes to save funds by using internal labor for some of the work. Councilmember Segal said this project was included in the bond offering, and asked how much money is devoted now to this project. City Manager Ross responded $250,000. He said we have always been in the $250,000 to $300,000 budget range; so, once staff finishes scoping the project, 5 of 6 City Council Minutes, September 27, 2010 we might come back to Council to see if Council wants to add another $50,000 to remaining capital contingency funds that exist, if necessary. With no other business before the Council, Mayor Pro Tern Fry moved to adjourn the regular meeting at 7:30 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Noes: Kelly, None None Fry, Boehme, Guffey, Segal 6of6 Date Approved: ' f ~y