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HomeMy WebLinkAbout070907R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, JULY 9, 2007 MUNICIP AL BUILDING 3800 UNIVERSITY BLVD. 5:00 P.M. The City Council convened in Special and Regular Session in the Municipal Building (3800 University Blvd.) on July 9, 2007, with the following members present: Mayor Kelly presiding, Council Members Fry, Cohen, Guffey and Talianchich. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Parks and Recreation Director and Building Official were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 5th day of July 2007 at 3:00 p.m. Special Session Streetli2hts. Matters related to streetlights including planning, cost, implementation and approval of a Phase 1 project. City Manager Michael Ross reported that the Staff has received a response from CenterPoint Energy (CPE) regarding the City's questions on use of the City's annual allotment and removal cost. CPE has provided the City a cost estimate to install a proposed Phase I of the streetlights for approximately $785,000. Following is a summary of proposed Streetlight Program: 1. Total Streetlights: Staff estimates approximately 1,500* lights to complete the streetlight program, which would increase the number of lights by 748. Existing City Center Lights: Existing Midtown Lights: Phase I Lights: Phase II Lights: Total Lights: 66 15 640 779 1,500* Please Note: * Total number of lights could fluctuate depending upon actual field conditions that may require different spacing on some streets. 2. Proposed Fixture, Installation, and Lamp: City Council Regular and Special Session, July 9, 2007 Light Fixture: Lamp: Installation: Fixture Height: Midtown (manufactured by Hadco) 100 watt High Pressure Sodium (HPS) Direct Embedded 14' - may vary depending upon actualfield conditions. 3. Cost Estimates: Below is a cost estimate for the entire streetlight program. Phase I is a firm price submitted from CPE in the amount of $785,000. Staff developed a cost estimate for the Phase II portion using averages established from the Phase I portion. The Phase II cost estimate may change depending upon actual field conditions and does not include any funding for lighting in the City's parks. Staff believes the requested amount of $2,000,000 is sufficient to complete this program. CPE is currently developing a firm cost estimate to complete Phase II (minus park lighting). PHASE I - CPE's QUOTE: Removal of 101 wood pole mounted overhead wired street lights: Replace 150 existing street lights wired underground with decorative street lights: Installation of 490 new underground street lights: Subtotal Phase I: $5,111 $235,728 $544,000 $784,839 * PHASE II - WEST U ESTIMATE (using averages developed in Phase I) Removal of 209 wood pole mounted overhead wired street lights: Replace 198 existing street lights wired underground with decorative street lights: Installation of 581 new underground street lights: Parks: Subtotal Phase II $10,659 $311,256 $644,910 TBD $966,825 ** TOTAL ESTIMATED PROJECT COST: $1,751,664 Please Note: * CenterPoint's Phase I estimated cost is based upon the following conditions: No untimely delays due to the public process, notifications, or City utility work, etc. Number of streetlights may change based upon actual field conditions. * * Phase II estimated cost may vary based upon the following: Total # of lights installed Final design for lighting City parks. 4. Potential Funding: Issuing $2 million of certificates of obligation could fund this project. Assuming an interest cost of 4.9% and twenty years amortization, the debt service on these bonds would be approximately $160 thousand annually. METRO grant funds could be used to pay the added debt service until the current grant expires in 2014. Once the current METRO grant expires, debt service would come from property taxes or from a subsequent grant. If there were no follow on grant, funding the debt service for this issue from property taxes would add 4/10th of one cent to the tax rate at current assessed values. 2 City Council Regular and Special Session, July 9, 2007 Mr. Ross recommended that the City Council: 1. Appropriate an additional $800,000 for Phase I funding from Certificates of Obligation; 2. Approve Phase I, as presented, with CenterPoint Energy in an amount not to exceed $800,000 to install the 100-watt HPS Midtown light fixture on a direct embedded Traditionaire pole; and 3. Authorize the City Manager to negotiate an agreement with CenterPoint Energy to install decorative streetlights in two phases in an amount not to exceed a total of $2,000,000. Carlton Porter, representing CenterPoint Energy, was available at the meeting to answer questions. Mr. Ross stated that the cost of operating the current streetlights is $40,000 per year. With the installation of all the new streetlights the annual perpetual maintenance cost will be $225,000. Council Member Talianchich stated that he was opposed to borrowing the $2,000,000 to fund the project and questioned whether the City needed the new lights at this time. The City Council asked the Finance Director how the City could pay for the new lights. Finance Director Walter Thomas stated that he would recommend that the first phase should come out of the General Fund balance together with a reimbursement resolution that would enable Council in the future to use debt to pay it back if they so choose. The second phase could be funded from the $800,000 that was transferred or leave that as a transfer and use that $800,000 and finance a smaller amount. Mr. Thomas stated that the reason he used a bond issue amount of $2,000,000 was because it is just not efficient to issue one smaller because of the cost of the issuance. The debt service could be paid by raising taxes which would cost somewhere around 4/10 of a cent or the Council could use Metro money that is guaranteed until 2014 to fund part of the debt service. The advantage to this is the Metro funds are set aside as a mitigation/traffic management agreement and the new streetlights meet that criteria. Given the current interest rates, the debt service would be around $150,000 a year. A motion was made by Council Member Fry, seconded by Council Member Cohen, to accept the proposed fixture, installation, and lamp as presented. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Kelly, Council Members Fry, Cohen and Guffey Council Member Talianchich None The motion passed 4-1. 3 City Council Regular and Special Session, July 9, 2007 A motion was made by Council Member Fry, seconded by Council Member Cohen, to use the remaining Metro funds and appropriate General Fund Reserves to finance Phase 1 of the Streetlight projects in an amount not to exceed $800,000. The City Staff advised the Council that an ordinance amending the 2007 budget would be brought forward at a future meeting to finally authorize the appropriation. A reimbursement resolution will also be brought forward for Council's consideration. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Kelly, Council Members Fry, Cohen and Guffey Council Member Talianchich None The motion passed 4-1. A motion was made by Council Member Fry, seconded by Council Member Cohen, to authorize the City Manager to negotiate an agreement with CenterPoint Energy to install decorative streetlights in two phases in an amount not to exceed a total of $2,000,000. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Kelly, Council Members Fry, Cohen and Guffey Council Member Talianchich None The motion passed 4-1. Zonin2 and Plannin2. Matters related to Zoning and Planning including redevelopment of the town center commercial area, framed area, zoning ordinance improvements, and other related matters. Steve Brown, Chair of the Zoning and Planning Commission, briefly reported on the redevelopment of the town center commercial area between Rice Boulevard and University Boulevard on the east side of Edloe, building size and bulk, and other proposals including driveways, loading areas, garage space and mechanical equipment. He invited the City Council to attend the Zoning and Planning Commission meeting on Thursday evening to hear more discussion among the other members of the ZPC relating to the above topics. 4 City Council Regular and Special Session, July 9, 2007 Water rates. Matters related to water rates including a proposed increase from the City of Houston, process for appealing the rates and authorization to appeal. 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 (consultation with attorney), Texas Government Code. 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 and Finance Director Walter Thomas to attend the Executive Session because their presence is necessary for the Council's consideration of the issues. After the announcement, the City Council conducted a closed, executive session beginning at 6:17 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:33 p.m. The City Council recessed the Special Session at 6:33 p.m. to convene in Regular Session. The Special Session reconvened at 7:35 p.m. Park Property. Matters related to the purchase, exchange, lease or value of real property for park purposes. 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 (purchase, exchange, lease or value of real property), Texas Government Code. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov, and Parks and Recreation Director Tim O'Connor to attend the Executive Session because their presence is necessary for the Council's consideration of the Issues. After the announcement, the City Council conducted a closed, executive session beginning at 7:35 p.m. 5 City Council Regular and Special Session, July 9, 2007 After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:01 p.m. Adiournment A motion was made by Council Member Cohen, seconded by Council Member Fry, to adjourn the Special Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich None None Voting Nay: Absent: The motion passed 5-0. Formal Session Citizen Comments Rich Thomas, 4259 Lehigh, commented on the train derailment and the neighbors concern for safety and maintenance of the tracks. Teo Galvan, 5510 Community, spoke to the City Council about the train derailment and safety Issues. Train Derailment. Matters related to the train derailment including contact with the Railroad and State Regulators and other effected entities regarding safety. Assistant City Manager/Public Works Director Chris Peifer reported that sometime after 7:00 PM, Monday July 2nd, approximately seven rail cars left the tracks owned by Union Pacific Railroad (UPRR) located behind the homes within the 5600 block of Community Drive. These cars included those carrying grain, lumber as well as two empty tank cars, which previously contained LPG. Units from the West U Fire Department, the Houston Fire Department (including HazMat) and the railroads response team responded to the scene. As a safety precaution over one hundred residents were evacuated from their homes. City staff was in the process of making the Community Building available for interim occupation by our residents when the "all clear" was given to return to their homes. Since that time UPRR has had their construction crews on the scene to right their cars and remove them from the scene as well as perform necessary track repair and replacement. As of Thursday July 5th, the work, which has been hampered by the weight of the cars and the saturated soil conditions, is continuing. UPRR spokesman, Mr. Joe L. Arbona, has stated that the 6 City Council Regular and Special Session, July 9, 2007 remaining derailed cars should be righted and removed by Friday July 6th. Further that the grain and materials resulting from the incident should be removed with the help of a vacuum truck during this period. During this emergency recovery period the "quiet zone" will not be observed for safety purposes. In addition, the Federal Railroad Administration is continuing their investigation into the cause of this incident, which resulted in the rail cars departing their tracks and their Right-Of-Way and entering into our City Limits and residents' property. As of this time preliminary investigation reports have eliminated human error and are continuing to focus on track and/or equipment failure. Staff will continue to communicate with those involved and report any updates when received. Union Pacific spokesman and Director of Public Affairs, Joe L. Arbona, spoke to the City Council about the train derailment. He stated that the cause of the derailment would be made public in the near future. Comprehensive Annual Financial Report. Matters related to the Comprehensive Annual Financial Report. Finance Director Walter Thomas reported that each year the City is required to submit its books and records to an annual audit by an independent firm of certified public accountants. When the audit is complete the auditor issues a report on the results of that audit. The 2006 audit report included in the Comprehensive Annual Financial Report (CAFR) is a "clean opinion", meaning that the auditors found that the 2006 Financial Statements fairly present the City's financial acti vi ty. The Comprehensive Annual Financial Report is used primarily by rating and regulatory agencies as a source for financial information about the City. It also serves as the primary archival document about the City's financial activity in 2006. The City also submits its CAFR to the Government Finance Officer's Association (GFOA) for an independent review. The GFOA's staff and two other professionals who are involved with governmental reporting independently review our CAFR. Reports that meet the standards established by the GFOA are awarded a Certificate of Excellence in Financial Reporting. The City's 2005 CAFR received this award and we believe this report continues to meet the high standards established by the GFOA for this program. A motion was made by Council Member Cohen, seconded by Council Member Fry, to accept the 2006 Comprehensive Annual Financial Report. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich None None Voting Nay: Absent: The motion passed 5-0. 7 City Council Regular and Special Session, July 9, 2007 Salva2e and Demolition. Matters related to salvage and demolition including Ordinance No. 1848. Mayor Kelly read the caption of Ordinance No. 1848 as follows: An ordinance relating to salvage and demolition; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject Copies of Ordinance No. 1848, in the form proposed for adoption, were available in the Council Chambers. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Ordinance 1848 regulating Savage and Demolition on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich None None Voting Nay: Absent: The motion passed 5-0. Flood Dama2e Prevention and Floodplain Re2ulations. Matters related to flood damage prevention and floodplain regulations including Ordinance No. 1849. Mayor Kelly read the caption of Ordinance No. 1849 as follows: An ordinance relating to flood damage prevention and floodplain regulations; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1849, in the form proposed for adoption, were available in the Council Chambers. A motion was made by Council Member Cohen, seconded by Council Member Fry, to approve Ordinance 1849 on the second and final reading. A vote was taken on the motion with the following result: V oting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich 8 City Council Regular and Special Session, July 9, 2007 Voting Nay: None Absent: None The motion passed 5-0. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on June 25, 2007. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve the minutes of June 25, 2007 as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich None None Voting Nay: Absent: The motion passed 5-0. Council Reports Council Member Guffey commented on the lights at the West University ball fields. Tri-Sports and HISD are in the process of replacing all of the lights and the objective is to put in lights that focus more tightly on the field and reduce the scattering to the neighbor's backyards in the 3700 block of Rice Boulevard. City Mana2er Report There were not any reports given at this time. Adiournment A motion was made by Council Member Cohen, seconded by Council Member Fry, to adjourn the Regular Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich None None Voting Nay: Absent: The City Council adjourned the Regular Session at 7:30 p.m. 9