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HomeMy WebLinkAbout040907R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, APRIL 9, 2007 MUNICIP AL BUILDING 3800 UNIVERSITY BLVD. 6:20 P.M. The City Council convened in Special and Regular Session in the Municipal Building (3800 University Blvd.) on April 9, 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, Fire Chief, Building Official, Parks and Recreation Director, Fire Chief, Building Official, Police Chief 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 5th day of April 2007 at 4:30 p.m. Special Session Recreational Facility Master Plannin2. Matters related to Recreational Facility Master Planning including discussion of process and dates for meetings. Parks and Recreation Director Tim O'Connor reported that the planning firm of Carter & Burgess, Inc. would be conducting a series of Special Workshops and a Town Hall Meeting. The purpose of these sessions is to elicit the thoughts and opinions of the citizenry regarding redevelopment of Colonial Park, the West University Recreation Center and the November 2006 Municipal Bond Election. The City Council and Staff discussed dates and times for the workshops and the scheduled participants at each meeting. They requested that the Parks and Recreation Director consult with the representatives from Carter & Burgess to see what dates they were available. They asked that the workshops not be delayed. City Employee Health Insurance. Matters related to employee health insurance including plan designs and associated rates. The City Council agreed to consider this item at a special session scheduled for April 13, 2007. Council Member Yehle requested that the City Manager provide other alternatives for insurance at that meeting. City Council Regular and Special Session, April 9, 2007 Council Member Segal stated that he would be interested in some indication of the large claims that the city has had and why the city is such a poor risk and what response other brokers have had that the Staff chose not to issue any RFP's. Public Safety and Public Works Facility Plannin2 and Property exchan2e with West University Place Baptist Church. Matters related to public safety and public works and other facility planning including preliminary design, elevation concepts and property exchange between the City of West University Place and the Baptist Church. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov, Assistant City Manager/Public Works Director Chris Peifer, Fire Chief Steve Ralls and Police Chief Ken Walker 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 551.072 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 5 :49 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:24 p.m. Adiournment A motion was made by Council Member Segal, seconded by Council Member Woods, to adjourn the Special Session. 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. The Special Session adjourned at 6:25 p.m. 2 City Council Regular and Special Session, April 9, 2007 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. George Walker, 3930 Villanova, stated that he was opposed to the proposed amendment to the zoning ordinance relating to front porches. Karl Caillouet, 4214 Oberlin, stated that he was opposed to the proposed amendment to the zoning ordinance relating to front porches. Marla Buschardt, 235 Southbrook Circle, requested that the Council allow the America 76' Hose Company to purchase the 1972 Fire Engine for placement in the Lone Star Fire Museum. She stated that the City only received one bid for the fire engine and should accept that bid. Chuck Buschardt, 235 Southbrook Circle, stated that they did not have any savings of history of the West University Place Fire Department. He requested that they be allowed to purchase the 1972 Fire Engine. Les Albin, 3817 Southwestern, stated that he was a member of the Zoning and Planning Commission and encouraged the Council to adopt the proposed zoning amendment relating to front porches. 1972 Pumper. Matters related to the 1972 American La France Pioneer Pumper including the rejection of the bid received on March 12, 2007 in the amount of $1,626.26. Steve Ralls, Fire Chief reported that the City purchased a new Fire Engine to replace the 1972 American LaFrance Fire Engine. As a result the LaFrance became surplus and available for sale. The City made a formal request for sealed bids for this vehicle. The formal bid opening was March 12, 2007 and the City received only one bid from Lone Star Fire Museum in the amount of $1,626.26. Staff has been advised that the estimated value of the vehicle is $5,000.00. Staff can reject the bid and place the vehicle at a public auction where the City could possibly receive an offer that is more reflective of fair market value. Members of City Council expressed an interest in selling the fire engine to the Lone Star Fire Museum. They requested that this item be placed on the Special Session scheduled for April 13, 2007. Council Member Segal requested that the Lone Star Fire Museum provide information about their non-profit status at that time. 3 City Council Regular and Special Session, April 9, 2007 Mutual Aid A2reement for aquatic facilities. Matters related to a mutual aid agreement with the City of Bellaire to share aquatic facilities. Parks and Recreation Director Tim O'Connor reported that the City of Bellaire is in the process of constructing a new aquatics facility, which has taken their primary public pool out-of-service until August of 2007. The Bellaire Parks and Recreation Department (PARD) has requested the possible use of the West University Recreation Center Swimming Pool, to accommodate their 2007 summer camp aquatic activities. Staff has taken the request under consideration and determined that allowing Bellaire PARD to use this pool would have absolutely no impact on any of West University Place's scheduled aquatic programs and activities. The Interlocal Agreement has been prepared by our City Attorney and addresses all of the availability, liability and compensation issues to ensure West University Place's interests. Staff believes this mutual aid agreement is beneficial to the City by maintaining a positive and cooperative relationship with Bellaire and provides the framework for West U to utilize Bellaire's pools when our facilities undergo renovation in the future. The City Council asked questions about liability exposure, shared use and rental rate. Council Member Woods pointed out that the agreement did not explicitly allow West University Place's residents to use Bellaire' s facilities. Council Member Segal requested that a "force majeure" clause be included in the contract to prevent the City from being required to make repairs to the pool in the event of damages to the pool. The City Council agreed to table the item since the Bellaire staff had not taken the proposal to the Bellaire Council, which should have an opportunity to review the contract before the West U City Council votes to approve it. Colonial Park draina2e improvements. Matters related to Colonial Park drainage improvements including expenditure from the Friends of West University Place Parks Fund in the amount of $5,800 for the improvements. Mr. O'Connor reported that at the east end of Colonial Park there is an ongoing problem with proper drainage in the grassy area from the park pavilion to Academy Street. Staff has made several attempts to mediate this issue by means of hand grading and the lowering of the four existing drainage outlets, but the problem continues to persist and staff continues to receive complaints from park users after each rain incident. 4 City Council Regular and Special Session, April 9, 2007 Staff enlisted the services of a professional contractor to assess the situation and provide an estimate for effectively mediating the drainage problems. The recommendation involves the re- grading of approximately 9,000 square feet of the 33,000 square foot grass infield, adding approximately 12 yards of fill material and the applying 9,000 square feet of roll-on athletic grade turf grass. This area would need to be closed for approximately a month to complete the work and allow the grass to become fully established. Construction would take two days (weather permitting). The estimated cost for this project is $5,800. This project was not in the 2007 Budget and staff approached the Friends of West University Parks Funds Inc. Board of Directors to request $5,800 needed to complete this project. The Board unanimously approved fully funding the project, pending the approval of City Council. A motion was made by Council Member Segal, seconded by Council Member Woods, to approve an expenditure in the amount of$5,800 from the Friends of West University Place Parks Fund for drainage improvements at Colonial Park. 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. Colle2e and Bellaire Boulevard Improvements. Matters related to College and Bellaire Boulevard improvements including an amendment to the professional services contract with Claunch & Miller, Inc. Assistant City Manager/Public Works Director Chris Peifer reported that on July 10, 2006 the City Council approved a professional services contract with Claunch & Miller that became part of the City's improvement program including METRO's commitment to fund the City's entire $4.33 million College Avenue & Bellaire Boulevard Improvement project. During the course of the project design it became evident that inclusion of the necessary replacement of the City's aged waterline located on Bellaire/Holcombe Blvd. from Mercer to West Point was the most economic and efficient option for the City. As a result Claunch & Miller has submitted a work order amending their existing professional services agreement to include the design of the waterline as well as Phase II of the Environmental Site Assessment, and tree preservation/protection consultation for the entire project. At the present Staff anticipates that all costs will be funded within the original budget; however, as the construction phase has yet to be bid it is not known for certain if the City will have to make an amended request for additional funds to METRO, to which Staff anticipates no objection. 5 City Council Regular and Special Session, April 9, 2007 Please note that due to delays in obtaining design approvals from related agencies and additional design of necessary project additions, the project's original schedule has been modified to the following timeline. Authorization to Bid Project - July 2007 Recommendation of Award to Contractor - August 2007 Construction Start - September 2007 Construction Duration - 28 months Construction Completion - December 2009 Further, as this is predominately a drainage project and work typically begins at point of termination, in an effort to provide continual evacuation of storm water events, work on City streets "proper" will most likely occur at the midpoint to last half of the project's term. Council Member Woods expressed concern over the fact that the schedule had changed and indicated he wanted to keep the project moving. A motion was made by Council Member Woods, seconded by Council Member Segal, to approve the work order No. 45 amending the existing professional services agreement with Claunch & Miller for the College Street and Bellaire Boulevard Improvement in the amount not to exceed $52,118.53 subject to adherence to the modified schedule. Council Member Yehle commented that failure to adhere to the schedule could invalidate the monetary approval. The City Manager indicated that the Harris County Flood Control District controlled the schedule and the timing of the West University work was dependent on their schedule. An amendment motion was made by Council Member Woods to approve the work order No. 45 amending the existing professional services agreement with Claunch & Miller for the College Street and Bellaire Boulevard Improvement in the amount not to exceed $52,118.53 with the encouragement to keep working to if not improving the schedule as presented. The amended motion was seconded by Council Member Yehle. A vote was taken on the amended 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. 6 City Council Regular and Special Session, April 9, 2007 Election A2reement. Matters related to an agreement between Harris County and the City of West University Place relating to the General and Special Election to be held on May 12, 2007. City Secretary Kaylynn Holloway reported that in March of 2007, the City Council called a General and Special election to be held on May 12, 2007. The County has submitted an agreement to provide and deliver Voting System equipment for Early Voting and Election Day and to arrange for the use of tabulating equipment needed at the central counting station. The fee for the use of the County's voting equipment is $5,086.09. A motion was made by Council Member Yehle, seconded by Council Member Woods, to approve the election agreement between Harris County and the City of West University Place in the amount of $5,086.09. 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. Front Porches Matters related to front porches including Ordinance No. 1840. Mayor Pro Tern Cohen 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. 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). 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 allowance for projections or encroachments into a front yard or setback. In most other 7 City Council Regular and Special Session, April 9, 2007 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. Mr. Peifer reported that the Staff was bringing this proposed amendment forward for consideration at the request of the City Council. Building Official Debbie Scarcella and Steve Brown, Chair of the Zoning and Planning Commission, were present at the meeting to answer questions. Council Member Woods suggested that the ordinance be tabled and the Commission under-take a comprehensive review of the zoning ordinance. Council Member Yehle observed that about two years ago Council had attempted the review Council Member Woods was proposing and the ZPC took it under advisement. ZPC's subsequent recommendation to Council was that they were unsuccessful in finding a satisfactory alternative to the current rules. They went on to recommend the City evaluate the impact of the most recent changes to determine if their impact satisfactorily addressed the issues managed by the 80% Rule. Council Member Yehle opined that given the long history of trying to replace the 80% rule and although the porch ordinance is a somewhat related piecemeal change, in the interest of not leaving the issue open for an indefinite period, the Council should use this opportunity to address an identified problem. Council Member Segal commented that the Council asked the ZPC to look at this issue. They brought their proposal to the City Council, held a public hearing and then issued their final report in favor of the proposed amendment. A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve Ordinance No. 1840 on the first reading. 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 Council minutes Matters related to the minutes of the Regular and Special Session conducted on March 26, 2007. 8 City Council Regular and Special Session, April 9, 2007 A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve the minutes as amended. 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. 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 Woods, seconded by Council Member Yehle, to adjourn the Regular Session. 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. The City Council adjourned the Regular Session at 7:47 p.m. 9