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HomeMy WebLinkAbout021207R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, FEBRUARY 12, 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 February 12, 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, Finance Director, Parks and Recreation Director and Assistant to the City Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 9th day of February 2007 at 4:15 p.m. Special Session Parks and Recreation Board. Matters related to the Parks and Recreation Board including an interview with Dave Agerton. The City Council interviewed Dave Agerton for a volunteer position on the Parks and Recreation Board. 3936 Marlowe Street: Weslavan Street. Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from Bissonnet Street to Bellaire Boulevard), including easement or right-of-way matters, house under construction, legal defense, permits, administrative proceedings, pending or contemplated litigation or a settlement offer, and purchase, exchange, lease or value of real property and related Issues. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov and Assistant City Manager/Public Works Director Chris Peifer and consulting Counsel Mark Breeding to attend the Executive Session because their presence is necessary for the Council's consideration of the issues. 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 551.071 and Section 551. 072 Texas Government Code. City Council Regular and Special Session, February 12,2007 After the announcement, the City Council conducted a closed, executive session beginning at 5:35 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 5:55 p.m. Rice Pocket Park. Matters related to Rice Pocket Park. Parks and Recreation Director Tim O'Connor and Jim Patterson from White Oak Studio presented the final plans for the Rice Pocket Park. Mr. O'Connor suggested that the City name the park "Friends Park" because of the fund raising efforts of the Friends of West University Place Parks Fund. The City Council reviewed the final plans and authorized the preparation of the final contract documents. Streetli2hts. Matters related to streetlights including planning and implementation. City Manager Michael Ross reported that the Council directed Staff to investigate street lighting options to provide a functional, aesthetically pleasing lighting product throughout the City. Accordingly, during the 2006 Budget, the City Council earmarked approximately $64,000 in the CIP Contingency Fund for a possible streetlight program. On November 13, 2006, City Staff presented information to the City Council regarding maintenance and operation cost for two types of lighting (metal halide & high pressure sodium) and two types of fixtures (standard cobra head and decorative lighting). Since that time Staffhas been discussing various lighting options with Holophane (manufacturer) and CenterPoint (provider). Below is a summary and Staffs recommendation as presented to the City Council. 1. Li2ht Fixtures.. Installation Method: Fixtures & Wattage: Current Fixtures installed in the City: City Center: Holbrook Extended (full cutoff) - 100 watt Metal Halide. Georgetown: Midtown Fixture (cutoff) - 100 watt High Pressure Sodium Rice: Arlington Fixture (cutoff) - 100 watt High Pressure Sodium Subject to Council approval, CenterPoint has agreed to install 100-watt High Pressure Sodium Holbrook Extended fixtures throughout the City. Installation Method: There are two types of installation methods that are used to install lights. The first is direct embedded and the second is a concrete foundation. The lights in the City Center 2 City Council Regular and Special Session, February 12,2007 are installed with concrete foundations and most Cobra Heads and the Midtown Fixtures on Georgetown are direct embeds. Directly embedded means the pole is sunk into the dirt with no concrete foundation. The concrete foundations that CenterPoint installs are typically 6' deep and 2 - 3' in diameter. Both types of installation will affect the price of the pole. Options: ( embedded), (1) Holbrook Extended - 100 watt High Pressure Sodium (2) Midtown - 100 watt High Pressure Sodium (embedded), or (3) Traditionaire - Gas Lamp (embedded). 2. Typical West U Spacin2: A typical spacing for any selected light fixture would be approximately 175 - 200 linear feet staggered spacing. Below is a summary of some typical blocks within West U and the estimated number of lights needed: Street L/F # Lts. Plumb between Auden & Edloe Plumb between College & Auden Duke between Mercer & Sewanee 1200 550 400 7 4 3 3. Cost Per Fixture: At this time, the City of West U receives an annual allocation of 50 galvanized Cobra Head streetlights from CenterPoint Energy. The allocation allows for the installation of these lights at no cost to the City. If the City wanted more than 50 lights installed per year there would be an additional cost of up to $500/light per Cobra Head light. When the allotment is exceeded CenterPoint charges approximately $250 to remove existing lights and $7 L/F to connect the lights. Decorative fixtures can be installed in lieu of the Cobra Heads, but the City is required to pay the difference between the cost of the decorative fixture and the Cobra Head. The following is cost per fixture: Fixture Installation Direct Embed Foundation Hollbrook Extended Midtown Traditionaire - Gas Lamp ? $850 $340 $1,250 $1,050 3 City Council Regular and Special Session, February 12,2007 Typical Street Cost - 1,200 1/f ( Plumb between Auden & Edloe) Direct Embed Install Hollbrook Extended Midtown Fixture Traditionaire # Lights 7 7 7 $ / Light ? $850 $339 Total N/A $5,950 $2,373 4. Operation & Maintenance: Typical Operation & Maintenance: CenterPoint charges Reliant Energy a monthly maintenance charge for all light fixtures and poles. Reliant in turn passes that cost along to the City. On-going expenses are based on Chapter 6: Street Lighting and Miscellaneous Lighting Services in the CenterPoint Tariff. The probable lighting selections would be as follows. Type Watt A Schedule* D E** Metal Halide 100 100 Cobra (overhead feed) $10.67 $3.32 Cobra (underground feed) or Decorative Lighting $23.67 $13.18 Decorative Lighting - Twin Lamps $17.97 $8.11 High Pressure Sodium * Monthly maintenance & electricity cost per light. * * Price per lamp. PLEASE NOTE: Currently the City participates in the Governmental Aggregation Project (GAP), which allows the City to receive a "bundled rate" for operation of streetlights. The "bundled" rate is a flat rate that includes the energy component and the transmission and distribution charges. GOVERNMENT AGGREGATION PROJECT - "Bundled Rate" The GAP is a consortium of cities and public agencies that have negotiated preferred rates with local energy providers. The current GAP rate is effective through July of 2008, at which time, the rate will need to be renegotiated. The energy providers are under no obligation to renegotiate any rates with the GAP. We believe that it is highly unlikely that the GAP will continue to receive these favorable rates and should plan accordingly using CenterPoint's monthly O&M charges. Currently the City pays approximately $.09 / KWH based upon an agreed energy usage for bulbs. Below is the typical monthly cost per 100 watt High Pressure Sodium light: Lamp Type Watt Mos. KWH $ / KWH $ / Mos. High Pressure Sodium 100 38 0.09 3.42 4 City Council Regular and Special Session, February 12,2007 5. Fundin2 Sources: In the 2006 Budget, the City Council earmarked $64,000 for a possible streetlight program. Additionally there are potential funding sources from the annual Metro Funds of approximately $259,000 and approximately $100,000 in the City's Fund Balance. A potential budget of $423,000 for streetlights in 2007 would fund approximately 350-750 streetlights depending upon the fixture. 6. Li2ht Selection: Staff recommends that City Council select the Holbrook Extended - 100 watt High Pressure Sodium, direct embed installation as the City preferred streetlight. If the price received from CenterPoint is too high or the direct embed installation is rejected, then Staff would recommend the Midtown and Traditionaire fixtures. Funding Sources: Staff requests the City Council to appropriate the following: CIP Contingency Fund: 2007 Metro Funds: General Fund Balance: Total: $ 64,000 $259,000 $1 OO~OOO $423,000 Staff requests the City Council to approve the following: 1. Holbrook Extended - 100-watt High Pressure Sodium, 2. Direct Embed installation, 3. Appropriate funding the amount of $423,000 from the following sources: $64,000 CIP Contingency Fund, $259,000 Metro Funds, and $100,00 General Fund Balance, and 4. Authorize the City Manager to undertake a Streetlight program in an expeditious manner. The City Council reviewed the information provided and asked questions regarding the fixture and pricing. They requested that the Staff provide a cost projection for a 4-year versus an 8-year installation program. This item will be reviewed again at the next Council meeting. The City Council adjourned the Special Session at 6:40 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. 5 City Council Regular and Special Session, February 12,2007 David Cole, 4104 Cason, requested that the staff delay making a decision on the proposed decorative street lighting fixture program and submitted ideas for consideration. Parks and Recreation Board. Matters related to the Parks and Recreation Board including the appointment of a new Board Member including Resolution No. 2007-02. A motion was made by Council Member Cohen, seconded by Council Member Woods, to approve Resolution No. 2007-02 appointing Dave Agerton to the Parks and Recreation Board. 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. Portable Stora2e Units. Matters related to portable storage units including a report from the Building and Standards Commission and Ordinance 1843 referring to Portable Storage Units. Mayor Ballanfant read the caption of Ordinance No. 1843 as follows: An ordinance relating to portable storage units and portable buildings; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subj ect. Copies of Ordinance No. 1843, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Chris Peifer reported that Ordinance 1843 reflects the changes discussed at the Special Council Meeting on February 8, 2007. The proposed ordinance establishes size, lot location and time limit allowances, as well as requires other units outside of certain parameters to comply with existing zoning and building development regulations. These amendments were primarily written to control the permitting and use of portable on- demand storage units that are brought on site for several days, filled and then stored off site. The portable storage units are constructed and designed for use on site for short periods of time. The units are picked up and stored in enclosed areas that are weather protected and climate 6 City Council Regular and Special Session, February 12,2007 controlled. The units are not intended or designed for storage on an unlimited basis for an unlimited amount of time, which has been the case on occasion. Council Member Segal requested an amendment to the last sentence in Section 18-66 (a) relating to affirmative defense. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adopt Ordinance No. 1843 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. 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. Copies of Ordinance No. 1841, in the form proposed for adoption, were available in the Council Chambers. City Secretary Kaylynn Holloway reported that this is the second reading of Ordinance No. 1841. Based on comments received at the January 22,2007 City Council meeting, the proposed Charter Amendment relating to Section 2.05. Vacancies, has been revised to provide for a special election to fill a vacancy in the event that the vacancy is not filled by Council within 60 days. In addition, the proposed Charter Amendment relating to Section 6.01. City Manager, has been modified to address concerns raised at the last meeting. A motion was made by Council Member Woods, seconded by Council Member Cohen, to adopt Ordinance No. 1841 on the second and final reading. A vote was taken on the motion with the following result: 7 City Council Regular and Special Session, February 12,2007 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 5-0. 2006 Year End Financial Statement & Bud2et Amendment. Matters related to a 2006 Year End Financial Statement and Budget amendment including Ordinance No. 1842. Mayor Ballanfant read the caption of Ordinance No. 1842 as follows: An ordinance amending the budget of the City of West University Place, Texas for the fiscal year beginning January 1, 2006 and ending December 31, 2006; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1842, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas stated that in closing the 2006 financial year, an amendment to the 2006 Budget Ordinance has been prepared. Total expenditures in the General Fund are expected to be $10,478,720 or $11,000 less than the $10,499,720 provided but two departments will expend more than the amount appropriated in the 2006 Budget. Adopted 2006 Budget Estimated 2006 Actual Proposed Amendment Comments Legal fees and bond election Administration Department $ 644,630 $ 909,630 $ 275,000 Parks and Recreation Department 1,394,750 1,468,750 Leisure class instructors ( offset by revenues) and electrical utility costs 74,000 8 City Council Regular and Special Session, February 12,2007 Funding for these budget overruns is provided by budget under runs in the Police Department and the Public Works Department. A motion was made by Council Member Cohen, seconded by Council Member Segal, to adopt Ordinance No. 1842 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. Waiver of Penalty & Interest on Delinquent Property Taxes. Matters related to a waiver for penalty and interest on delinquent property taxes. Mr. Thomas reported that Dr. I. M. Jadat owns property located at 6511 Buffalo Speedway. Dr. Jadat failed to timely pay property taxes on that property for tax years 2003 to 2005. The Property Tax Code provides penalties and interest for payments made after the due date. The Code (Section 33.011 (a) (1)) also provides for waiver of penalties and interest in the event of an act or omission by an officer, employee or agent of the City or the appraisal district. Dr. Jadat filed a request to change his address with the Harris County Appraisal District (HCAD) on December 13, 2005. HCAD did not update the appraisal roll with the changed address until December 22,2006. As a result of this mistake, Dr. Jadat incurred penalty, interest and attorney fees on the 2005 tax levy ($1,167.00) and additional interest on the 2003 ($430.86) and 2004 ($561.22) tax levy totaling $2,159.08. The waiver of penalty & interest is only for the period of time after Dr. Jadat filed the change with HCAD (December 13,2005 - December 22,2006). A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve a waiver for $2,159.08 in penalty; interest and attorney fees levied against 6511 Buffalo Speedway. 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: 9 City Council Regular and Special Session, February 12,2007 The motion passed 5-0. Council Member Compensation. Matters related to compensation for City Council Members. Council Member Segal discussed a proposal to increase the Mayor and Council's compensation and to place it on the ballot in May for citizen approval as required by the City Charter He suggested $500 a month for the Mayor and $250 a month for Council Members to be effective January 1,2008 to allow for inclusion in the 2008 Budget. After discussion of this item, no other members of the City Council supported the proposal. Mayor Ballanfant's Reco2nition Each member of City Council expressed their gratitude for Mayor Ballanfant's service to the City. Mayor Ballanfant is resigning from the Mayor's position effective midnight February 14,2007 to serve on the Metro Board. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on January 22, 2007. A motion was made by Council Member Segal, seconded by Council Member Cohen, 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. Council Member Yehle commented about the efforts of the Recycling Board for promoting recycling through an informational campaign. City Mana2er Report. Council Member Woods requested a report on the status of the City of Houston's WiFi program. 10 City Council Regular and Special Session, February 12,2007 City Manager Michael Ross reported that the City of Houston is looking at March selection date. Council Member Woods inquired about the drainage and flood work. Mr. Ross reported that the Harris County Flood District and the City of Houston is working to complete the bid package. The Interlocal Agreement between the City of Southside Place and the City of West University Place should be ready for Council's consideration sometime in March. Adiournment. A motion was made by Council Member Cohen, seconded by Council Member Woods, 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 7:20 p.m. 11