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HomeMy WebLinkAbout012207R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, JANUARY 22, 2007 MUNICIP AL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Special and Regular Session in the Municipal Building (3800 University Blvd.) on January 22,2007, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Police Chief, and Building Official were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 18th day of January 2007 at 4:45 p.m. Special Session Kirbv Drive enhancements and sidewalks. Matters related to aesthetic enhancements to Kirby Drive and sidewalk installations. Council Member Woods filed an affidavit regarding substantial interest in a business entity relating to this agenda item. He did not take part in the discussion or consideration of this item. City of Houston Council Member Anne Clutterbuck spoke to the Council about sidewalks along Kirby Drive. She stated that it was her understanding that the City of Houston's policy was to put sidewalks on both sides of major thoroughfares. On a major thoroughfare such as Kirby Drive it is essential that pedestrian access be continuous from Interstate 59 all the way to Main Street. She stated that she was surprised to find out that sidewalks between University and Holcombe were not included in the drainage program that the cities are working cooperatively on, and that the City of Houston's right of way extends 8 feet past the curb line into what is typically considered West University property. Council Member Clutterbuck stated that she was seeking cooperation from the City of West University Place to see that a sidewalk is added on to this project. She stated that there is a commitment on the part of the City of Houston's Public Works Department and Director Mike Marcotte to pay for construction of the sidewalks. They are asking the City of West University to help with the design work including the negotiating and navigating of what can often be inevitable communications needs with the West University residents whose property abut Kirby Drive. City Manager Michael Ross stated that the City currently has a competitively bid project with per square foot pricing for concrete and decomposed granite that could meet the needs of Houston and West U. An agreement could possibly be worked out where our contractor could build the sidewalk with the City of Houston's approval while West U would handle the communications City Council Regular and Special Session, January 22, 2007 with residents and then seek reimbursement from the City of Houston upon completion of the sidewalks. Mr. Ross stated that subject to the West U council's approval the staff could begin negotiating with the City of Houston and once again modify the Water Contract Agreement to include this segment of sidewalks. The City Council authorized the City Manager and Staff to begin negotiations with the City of Houston and to bring back an Interlocal Agreement for consideration. Jamie Brewster, Executive Director, Upper Kirby District, spoke to the Council about a Kirby Drive streetscape project. She stated that the Kirby Coalition is made up of businesses and land-owners having significant investments in and along Allen Parkway and Kirby to Reliant Stadium. The Coalition was formed in 2004 in response to the Kirby storm sewer reconstruction project with its goal to create continuity along the thoroughfare to make a statement of its critical location and the area's enhanced lifestyle of a "true urban environment." An important element in this design is to have common paving improvements along this corridor. The Upper Kirby Management District and the Kirby Coalition intend to raise private funds to finance the construction of streetscapes to each of the intersections, including a common paving design and furniture. They hope to be able to coordinate the construction of the streetscapes with the current drainage program currently on Kirby Drive. Mrs. Brewster stated that the proposed streetscape's initial common element would be a Texas star-type intersection design at major intersections along the corridor between Shepherd Drive and Holcombe Boulevard. The plan will involve the concept of a brick paver field at the intersections with a "Texas Star" inlay at these intersections. In addition to the "Texas Star", the inlay may include the names of the intersecting streets along with an area adjacent for the names of corporate and/or individual sponsors. Roy Marsh, Chairman, of the Kirby All Star Initiative and Kathie Easterly were present at the meeting to answer questions. Mrs. Brewster stated that they are requesting that the City Council of West University Place adopt a resolution supporting this project so that it could be included when making grant requests. They also asked that the City of West University take part financially for the Rice Boulevard and University Boulevard intersections in this fiscal year by allocating a quarter of the cost of the two intersections, which is $62,500 each so that they can get the intersections completed in a timely manner. This item will be considered at a later meeting. Sidewalks. Matters related to sidewalks including a change order to the Completion Contract for the remaining work in Priority Areas 10 and 11 B with Metro City Construction, LLP. 2 City Council Regular and Special Session, January 22, 2007 ACM/PW Director Chris Peifer reported that in anticipation of the upcoming completion work resulting from the Council approved Master Sidewalk Plan (Plan) and consistent with the status report presented to City Council on November 13, 2006, staff has successfully negotiated the extension of terms to the existing "Completion Contract for Remaining Work in Priority Areas 10 & IIB" with Metro City Construction LLP. Change Order No.4 will add bid items, which are specifically applicable to the construction of pedestrian walkways/sidewalks, ramps, curbs, retaining walls etc. All of these items are consistent with the Plan. This Change Order will allow the City to benefit from very competitive costing in the present market and to expedite the process in completing the remaining work by eliminating the time delays associated with the bid process. Our City Attorney reviewed this process for compliance with relevant Texas Statutes and the City's consulting engineer to ensure economic benefit in the marketplace. In addition to the additional bid items included in this contract, the term of the contract has been extended to allow adequate time for the completion of the Plan (approximately six additional months). Please note that there is no increase or decrease in the contract dollar amount associated with this change order. Council Member Segal requested a list of completed infrastructure projects that were still under warranty. A motion was made by Council Member Woods, seconded by Council Member Yehle, to approve Change Order #4 with Metro City Construction LLP adding additional bid items to the "Completion Contract for Remaining Work in Priority Areas 10 & IIB" as presented and increasing the contract time by 180 days. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 5-0. City Secretary Evaluation. At this point in the meeting, the Mayor publicly announced that a closed, executive session would be held and identified the section of the Open Meetings Law under which the meeting would be held. Closed Executive Session to be held under Section 551.074 Texas Government Code. 3 City Council Regular and Special Session, January 22, 2007 After the announcement, the City Council conducted a closed, executive session beginning at 6:12 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:25 p.m. A motion was made by Council Member Cohen, seconded by Council Member Segal, to increase the salary of the City Secretary to $79,000. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 5-0. The City Council adjourned the Special Session at 6:25 p.m. to convene in Regular Session. Formal Session Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Steve Stelzer, 2709 Albans, stated that he objected to the proposed amendment to the zoning ordinance relating to front porches. Karl Caillouet, 4214 Oberlin, commented that he objected to the proposed amendment to the zoning ordinance relating to front porches. He stated that the amendment would penalize owners of 50 x 100 lots. Time Warner conversion to Comcast. Matters related to the Time Warner Conversion to Comcast. Craig D'agostini, the Governmental Affairs representative from Comcast, explained the Time Warner Conversion to Comcast. Mr. D'agostini reported that the entity that operated in the Houston area for years and held the West University franchise until it expired was a 50/50 partnership between Time Warner Cable (TWC) and Comcast. When the partnership dissolved Comcast received 100% of the Houston cable systems. Certain things will change. Account numbers will be changing and channel lineup may change in the future, possibly the second quarter of 2007. 4 City Council Regular and Special Session, January 22, 2007 Comcast provides the same types of services as TWC such as video, high speed internet connections and phone. Customers will be notified of any changes at least 30 days in advance of any change. The City Council asked questions about roadrunner email accounts including personal address books and the transfer to Comcast. Council Member Yehle asked questions about the franchise fees and the calculation of these fees on the bill received by users. Mr. D'agostini stated that it is difficult for an individual to reconcile these fees by looking at the bill. There are non-subscriber fees and some revenues are paid by a percentage of online shopping and advertising. He stated that he would be happy to review the bill with anyone who was interested in the calculation of the fees. Council Member Yehle commented about the unwarranted lawsuit filed by TWC against the City of West University Place. He stated that the City spent approximately $25,000 defending itself and that he hoped Comcast recognized the damage caused by the lawsuit. Mr. D'agostini stated that the decision to file the lawsuit was not made in Houston and that Comcast has stated that they would not have taken that path. He stated that he was not sure if Comcast would assume the responsibility of the lawsuit or step into TWC's shoes regarding the same. They do plan on being involved and participating in the local communities. Council Member Yehle stated that he had some ideas and opportunities that he would like to suggest to Comcast regarding their participation in the West University community. Front Porches. Matters related to front porches including Ordinance No. 1840. Mayor Ballanfant read the caption of Ordinance No. 1840 as follows: An ordinance amending the Zoning Ordinance of the City of West University Place, Texas regarding front porches; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1840, in the form proposed for adoption, were available in the Council Chambers. Mr. Peifer reported that a joint public hearing with the City Council and members of the Zoning and Planning Commission (ZPC) was held on November 13, 2006. The members of the ZPC voted on December 14, 2006 to forward a final report and proposed amendment to the City Council for consideration. 5 City Council Regular and Special Session, January 22, 2007 The final report and proposed ordinance amendment limits the height of front porches that project into a front yard (front building setback) in single-family residential districts. The amendment pertains to single-family residential districts with a minimum front yard (setback) of twenty feet, and further limits the height of the projecting portion of the porch to an amount equal to the required depth of the front yard (setback). For example, if the depth of a front yard is 20 feet, the height of the projecting part may not exceed 20 feet. The existing requirements for porch projections (i.e., not designed or used for motor vehicles, volume limits, and required open areas) are not changed. This proposed ordinance amendment is an additional restriction that applies to West University Place's unusual allowance for projections or encroachments into a front yard or setback. In most other jurisdictions, front yards or setbacks are stringently preserved, allowing only minor encroachments or projections such as small front stoops or access steps. This amendment is not designed to discourage front porches or a sense of community and neighborhood familiarity, but is intended to control additional encroachments into the front yard or setback and preserve an open streetscape and allow adequate light and ventilation along those streetscapes. Chair of the Zoning and Planning Commission Steve Brown was present at the meeting to answer questions. A motion was made by Council Member Woods, seconded by Council Member Cohen, to table consideration of Ordinance No. 1840 at this time. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 5-0. Election. The notice for this agenda item was posted in English, Spanish and Vietnamese. Matters related to the May 12,2007 Election including Ordinance No. 1841. Mayor Ballanfant read the caption of Ordinance No. 1841 as follows: An ordinance calling an election within the City of West University Place, Texas for the twelfth (12th) day of May, 2007, for the purpose of electing a Mayor and four Council Members; ordering a joint election and concurrent election for submitting proposed charter amendments to the qualified voters of the City; designating precincts and polling places; appointing election officials; and containing findings and provisions relating to said election. 6 City Council Regular and Special Session, January 22, 2007 Copies of Ordinance No. 1841, in the form proposed for adoption, were available in the Council Chambers. City Secretary Kaylynn Holloway reported that Ordinance No. 1841 calls for a General Election on May 12, 2007 to elect a Mayor and four Council Members. It also orders a joint and concurrent election for the proposed charter amendments as recommended by the Charter Review Committee. One change worth noting is that early voting is reduced from ten days to seven days with the requirement that early voting be conducted for at least 12 hours during two of those days. The County will submit an agreement to the City to provide and deliver voting system equipment for the Early Voting, Election Day and the Central Counting Station use. The City Attorney will be preparing a submission to the Justice Department as required by the V oting Rights Act for any change in standard, practice or procedure caused by the Charter Election. The City Council addressed Section 2.05 relating to vacancies on the City Council. They suggested that if the vacancy is not filled by the City Council within 60 days then a special election will be held to fill such vacancy. Mr. Ross addressed his concerns relating to Section 6.01, City Manager. He stated that the proposed language about the removal of Assistant City Manager's by the City Council was confusing and should not be allowed to affect the person's position as a Department head. Mr. Ross and the City Attorney will discuss his concerns before the next reading of the ordinance. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to adopt Ordinance No. 1841 as amended on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 5-0. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on January 8, 2007. 7 City Council Regular and Special Session, January 22, 2007 A motion was made by Council Member Yehle, seconded by Council Member Woods, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 5-0. Council Reports. There were not any reports given at this time. City Mana2er Report. There were not any reports given at this time. Adiournment. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adjourn the Regular Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The City Council adjourned the Regular Session at 7:38 p.m. 8