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HomeMy WebLinkAbout022607R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, FEBRUARY 26, 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 26,2007, with the following members present: Mayor Pro Tern Cohen presiding, Council Members Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Fire Chief, Building Official 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 23rd day of February 2007 at 4:00 p.m. Special Special Burt Ballanfant's Farewell Reception. The City Council and Staff entertained guests attending a farewell reception for Burt Ballanfant. Formal Session Citizen Comments. Mayor Pro Tern Cohen invited citizens who wished to address the City Council to come forward as their names were called. Flora Craft, 3833 Amherst, commented that she had received a letter from the City Manager regarding the city's interest in her property. She stated that she was not interested in selling her property. Russ Schulze, 3518 Rice, requested that the Council hold a special session to consider a contract with a parks planner. Steve Brown, 3505 Rice, spoke to the Council about street lighting. He urged the Council to step back from an immediate decision until they could gain a clearer understanding of the technical issues and the expected capital and incremental operating costs vs. today's lighting. He asked that the City engage an independent lighting engineer as a consultant. Katherine Sweeney, 3822 University, stated that she and her sister Ida were not interested in selling their home on University Boulevard. They questioned the need for the expansion of the municipal buildings. City Council Regular and Special Session, February 26,2007 Robert Wells, 3816 University, stated that he was not interested in selling his home or having his family relocated to another area of the city. Dianne Wells, 3816 University, stated that she was not interested in selling their home. She asked if the Council had all agreed to seize their homes by eminent domain. Leo Sacchi, 3768 Rice, stated that he could understand the need for the city to expand their facilities but to force citizens out of their homes was not right. Bob Kelly, 3720 Plumb, urged the Council to delay any major decisions concerning city property and a land swap with the Baptist Church until there is an elected Mayor and a full complement of Council. He also stated that the citizens who are concerned that their property may be taken without their consent should immediately be given assurances by Council that this will not happen. Maggie Olinde, 3826 University, spoke in opposition to the City displacing anyone from his or her homes. Lancelot Olinde, 3826 University, urged the Council to not take any homes for the expansion of the municipal facilities. Peter Ehret, 3921 Amherst, commented that he was concerned for his neighbors. He stated that eminent domain is a last resort and that he never thought he would see this in his community especially when it is ultimately on behalf of a third party. Mayor Pro Tern Cohen stated that because this matter of the police station potential expansion is not on the agenda the council is not permitted to dialog with anyone who commented. She asked that the City Manager put this item on the agenda for the next council meeting. City Manager Michael Ross commented that he did send a letter to the residents regarding the city's interest. He stated that it is the city's job to do long-range planning and the only thing that was talked about in the letter was conceptual and preliminary discussions, which is all that has occurred to date. The letter does not say that the city is contemplating or has even mentioned eminent domain. Street Li2hts. Matters related to streetlights including planning and implementation. Mr. Ross presented the following report: Based on Council comments there are basically two lights that remain under consideration for a City- Wide Street Lighting Project. 2 City Council Regular and Special Session, February 26,2007 (1) Hallbrook Extended (City Center Fixture), (2) Midtown Fixture (Direct Embedded Version currently installed on Georgetown, Browning, Ruskin and Rice) Fixture: Cutoff / Full Cutoff: HPS/Metal Halide: Future Replacement: Pole Type: Installation Method: Hallbrook Extended Full CutOff Either Midtown Cutoff Either Smooth Barrel Foundation or Augur Bolt Fluted Direct Embed or Foundation Cost Per Fixture: Direct Embed: Auger Base: W /F oundation N/A $1,050 * $1,250 ** $850* N/A $1,050** Please Note: * Extra Cost for base and base platform. ** Extra cost for base only. Fundin2 Sources: Council has earmarked $64,000 to begin a streetlight program in 2007. Additionally there are potential funding sources from the annual Metro Funds of approximately $259,000 and the City's Fund Balance. Utilizing $100,000 from the fund balance could create a potential budget of $423,000 for streetlights in 2007. Estimated Cost of Pro2ram: Estimated pole removal cost and installation cost are the same regardless of the selected light fixture. Staff is currently discussing pole removal cost and installation cost with CenterPoint. These numbers may change, which would allow the City to install additional lights. Fixture Cost: Removal Cost: Installation: Estimated Total * : Hallbrook: $1,575,000 $ 185,000 +/- ? $1,760,000+ Midtown: $1,275,000 $ 185,000 +/- ? $1,460,000+ Please Note: * Final cost will depend on the installation and removal cost being discussed with CenterPoint. Priority & Phasin2: The table below provides cost estimates to remove existing streetlights and install the Holbrook and Midtown fixtures by road. These estimates may change depending on further negotiations with CenterPoint regarding allotment and existing streetlight removals. 3 City Council Regular and Special Session, February 26,2007 Please Note: * Park estimates have not been evaluated at this time. ** All estimates do not include installation cost. Holbrook Midtown Type Name Cross Streets Totals** Totals** 1 Maj or Arterial Buffalo Speedway Bellaire - Bissonnet $111,550 $92,350 2 Minor Arterial University Blvd. Kirby - Academy $90,150 $74,550 3 Minor Arterial Weslayan/Stella Link Bellaire - Bissonnet $65,850 $54,450 4 Major Collector Rice Academy - Kirby $56,700 $46,900 5 Maj or Collector Auden University - Bissonnet $21,700 $17,900 6 Major Collector Sunset Auden - Kirby $44,150 $36,550 7 Maj or Collector Wakeforest University - Bissonnet $29,000 $24,000 8 Major Collector Academy University - Bissonnet $17,250 $14,250 9 Parks* $0 $0 Possible Phase 1 10 Minor Collector West Point Bellaire - B issonnet $42,050 $34,850 11 Minor Collector Belmont Bellaire - Bissonnet $51,950 $43,150 12 Minor Collector Mercer Bellaire - Bissonnet $54,650 $45,050 13 Minor Collector Edloe Rice - Sunset $22,750 $18,750 14 Minor Collector Academy Southwestern - University $16,450 $13,650 15 Minor Collector Plumb Buffalo - Kirby $20,100 $16,700 16 Minor Collector Pittsburg Buffalo - Kirby $21,400 $17,800 17 Minor Collector Community University - Law $39,650 $33,050 18 Minor Collector University Blvd. Community - Academy $5,750 $4,750 19 Minor Collector Rice Community - Academy $5,750 $4,750 $716,850 $593,450 Staff requests the City Council approve the following: 1. Light Fixture - Hallbrook or Midtown 2. Installation - Hallbrook (auger base) / Midtown (direct embed with or without base), 3. Phasing - Phase One proposed to complete Buffalo Speedway, University (Kirby Academy), Weslayan, Stella Link, Rice, Sunset, Academy (Bissonnet - University), Auden & Wake Forest (Bissonnet - University); also includes lighting improvements around parks. 4. Appropriate funding the mInImum amount of $423,000 from the following sources: $64,000 CIP Contingency Fund, $259,000 Metro Funds, and a minimum of $100,000 from General Fund Balance, and 5. Authorize the City Manager to undertake a Streetlight program in an expeditious manner. The City Council discussed the light fixtures, installation, light bulbs and the estimated cost of the program. 4 City Council Regular and Special Session, February 26,2007 They requested that the City Staff ask that CenterPoint change out some of the bulbs that are currently installed on Georgetown so that a comparison could be made between metal halide and high-pressure sodium. Council Member Yehle asked that the Council and Staff think about the operating side of the fixtures so that they can get a full picture of how it will affect the annual budget. A motion was made by Council Member Segal to approve the Midtown embedded fixture. After further discussion of this item the City Council agreed to defer the selection of the style of pole and mounting protocol. Council Member Segal amended his motion as follows: A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve the Midtown fixture (luminaires). A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Pro Tern Cohen, Council Members Segal and Yehle Council Member Woods None The motion passed 3 -1. Firefi2hter's Grant. Matters related to a firefighter's grant from the Department of Homeland Security in the amount of $92,981.00. Fire Chief Steve Ralls stated that the Fire Department applied for a Firefighter's Grant through the United States Department of Homeland Security. The grant project is to purchase new mobile and portable radios, which will improve the communications capabilities for the City at emergency and non-emergency scenes. The Department of Homeland Security has awarded the West University Place Fire Department the grant. The Federal share is $92,981.00 (95 %) and the City's share is $4,894.00 (5%). A motion was made by Council Member Woods, seconded by Council Member Segal, to accept the Assistance to Firefighter's Grant in the amount of $92,981 and appropriate the City share of $4,984 for a total amount of$97,875. A vote was taken on the motion with the following result: 5 City Council Regular and Special Session, February 26,2007 Voting Aye: Mayor Pro Tern Cohen, Council Members Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 4-0. 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 Pro Tern Cohen 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. Building Official Debbie Scarcella reported that Ordinance 1843 reflects the changes discussed at the Special Council Meeting on February 8, 2007 and the Regular Council Meeting on February 12, 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. This ordinance was written to control the use of portable on-demand storage units but in such a way as to allow without permit the use of certain units that are brought on site for several days, filled and then removed and stored off site, while controlling through permits the use of such units used for extended periods or the use of other units of a certain size. Mrs. Scarcella stated that she received comments from a vendor of portable storage units pertinent to the proposed ordinance. She suggested in order to avoid accidentally creating rules that would impact competing vendors differently and without changing the intended effect of the proposal, Section 18.66 (a) (2) and (b) be changed from 900 cubic feet to 1030 cubic feet. A motion was made by Council Member Yehle, seconded by Council Member Woods, to adopt Ordinance No. 1843 as amended on the second and final reading. 6 City Council Regular and Special Session, February 26,2007 A vote was taken on the motion with the following result: Voting Aye: Mayor Pro Tern Cohen, Council Members Segal, Woods and Yehle None None Voting Nay: Absent: The motion passed 4-0. 2006 Year End Financial Statement & Bud2et Amendment. Matters related to a 2006 Year End Financial Statement and Budget amendment including Ordinance No. 1842. Mayor Pro Tern 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 Estimated Proposed Budget 2006 Actual Amendment Comments Administration Legal fees and bond Department $ 644,630 $ 909,630 $ 275,000 election Leisure class instructors Parks and Recreation ( offset by revenues) and Department 1,394,750 1,468,750 74,000 electrical utility costs 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 Woods, seconded by Council Member Yehle, to adopt Ordinance No. 1842 on the second and final reading. 7 City Council Regular and Special Session, February 26,2007 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 4-0. Council Member compensation and amended election ordinance. Matters related to City Council compensation and amended election ordinance Mayor Pro Tern read the caption of Ordinance No. 1844 as follows: An ordinance of the City of West University Place, Texas amending Chapter 2, Administration and Finance, Article 1, in general, of the West University Place code of ordinances, by adding a new section 2-4 entitled City Council Members Compensation and matters related thereto. Copies of Ordinance No. 1844, in the form proposed for adoption, were available in the Council Chambers. Mayor Pro Tern read the caption of Ordinance No. 1845 as follows: An ordinance of the City of West University Place, Texas amending Ordinance No. 1841, for purposes of designating a new presiding judge for the Central Counting Station and ordering a joint and concurrent special election for ratification of an increase in compensation for service as Mayor or Council Member to be held in connection with the City's Regular Election for Mayor and Council Members and the City's Special Election for Charter Amendments on May 12,2007 Copies of Ordinance No. 1845, in the form proposed for adoption, were available in the Council Chambers. Ordinance No. 1844 would provide for an increase in the amount of compensation paid to the Mayor and Council Members for performing their duties. The amount in the proposed ordinance is currently blank allowing for Council to complete it at the meeting. The ordinance would become effective on January 1, 2008 only if ratified by voters at the next general election of the City in accordance with the requirements of the City's Charter. Council Member Segal stated that after the last meeting he digested the Mayor's comment that he probably lost money serving as Mayor. He stated that he would like to allow the citizens to vote on Council compensation and they cannot do that unless the City Council approves this amendment so that the proposition can be placed on the ballot. The people that he has talked with were surprised to find out that there had not been an increase in 67 years. Council is not 8 City Council Regular and Special Session, February 26,2007 really voting on an increase to Council but voting on allowing the citizens to decide whether or not there is an increase to Council because that is what the Charter provides. Council Member Woods commented that he would hope that the compensation would only be enough to not discourage somebody from running for Council so that expenses would not be an Issue. Mayor Pro Tern Cohen stated that she did not have any problem with letting the voters decide. She asked Council Member Segal if he had a suggestion. A motion was made by Council Member Segal, seconded by Council Member Yehle, to adopt Ordinance No. 1844 with the Mayor salary set at $400/month and the Council at $200/month. Mayor Pro Tern Cohen commented that she would like the motion amended to $300/month for Mayor and $200/month for Council. Council Member Segal accepted the amendment to the motion and Council Member Yehle seconded the amended motion. After further discussion by the City Council, Council Member Segal stated that he would prefer to go back to the original motion. A vote was taken on the original motion placing the Mayor's salary at $400 per month and the Council salary at $200 per month. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Pro Tern Cohen, Council Members Segal and Yehle Council Member Woods None The motion passed 3 -1. City Attorney Alan Petrov reported that an amendment to Ordinance No. 1841 has been prepared to add the additional proposition concerning Council compensation to the May general election. Additionally, the amendment contains a change concerning the presiding judge of the central counting station as the person originally named is moving from the City. A motion was made by Council Member Yehle, seconded by Council Member Segal, to adopt Ordinance No. 1845 adding the amounts in the proposed proposition on the first reading. 9 City Council Regular and Special Session, February 26,2007 A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: The motion passed 3 -1. City Council minutes. Mayor Pro Tern Cohen, Council Members Segal and Yehle Council Member Woods None Matters related to the minutes of the Special Session conducted on February 8, 2007 and the Regular and Special Session conducted on February 12, 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: Voting Nay: Absent: The motion passed 4-0. Council Reports. Mayor Pro Tern Cohen, Council Members Segal, Woods and Yehle None None 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 Segal, seconded by Council Member Woods, to adjourn the Regular Session. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: The motion passed 4-0. Mayor Pro Tern Cohen, Council Members Segal, Woods and Yehle None None 10 City Council Regular and Special Session, February 26,2007 The City Council adjourned the Regular Session at 8:12 p.m. 11