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Home My WebLink About081307R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, AUGUST 13, 2007 MUNICIPAL 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 August 13, 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, Parks and Recreation Director, Fire Chief, Finance Director and Police Chief were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 10 day of August 2007 at 3:45 p.m. Special Session Park Property. Matters related to the purchase, exchange, lease or value of real property for park purposes. The discussion may include, but is not limited to 3304 Nottingham. 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, Parks and Recreation Director Tim O?Connor, Chairman of the Parks Board Russ Schulze, Parks Task Force member Ramsay Elder and Real Estate Appraiser Mike Welch 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 5:00 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 5:52 p.m. City Council Regular and Special Session, August 13, 2007 3936 Marlowe Street; Weslayan 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. This item was not discussed during this meeting. Revenue Enhancements. Matters related to revenue enhancements. Council Member Talianchich commented that he had some ideas about how the City could increase revenues without taxing the taxpayers. 1. Water taps ? Instead of using utility contractors, the City could resume installing water taps and could charge a fee of $2000 per tap. 2. Building permits ? increase the cost per square foot for building permits from $.32 to $1.00. 3. Colonial Park ? build two pools on the tennis courts, convert the racquetball courts into a café and a Starbucks with a balcony. The lessee would pay the remodeling costs. Convert the gym to restrooms and dressing areas. 4. Community Drive ? convert the property from Bellaire to Law on Community to mixed use, residential and commercial. Create needed sale tax revenue. The above items will be addressed during the budget process. The City Council adjourned the Special Session at 6:20 p.m. to convene in Regular Session. Formal Session Citizen Comments Mayor Kelly announced that the item relating to parkland had been pulled from the agenda because the seller decided not to offer it to the City. Mayor Kelly invited citizens who wished to address the City Council to come forward as their names were called. Patti Melcher, 3224 Nottingham, commented that she did not want the City to purchase the property at 3304 Nottingham for park space. She also commented on the process for securing lots. 2 City Council Regular and Special Session, August 13, 2007 Joan Dunlap, 3220 Nottingham, commented that the Council should involve the citizens before purchasing property for park space. Train Derailment. Matters related to the train derailment adjacent to West University. Joe L. Arbona representing the Union Pacific Railroad reported that the cause of the train derailment was track related. A joint that connects two pieces of track broke. The joints have now been replaced by welding the track together. This area will eventually be replaced with a continuous piece of rail about 400 feet for each side of the track and will significantly reduce the noise. The cleanup in the area is almost complete. Mayor Kelly asked if a written report was available. Mr. Arbona replied that the report should be available in about 30 days. Emergency Management Plan. Matters related to an Emergency Operations Plan including Ordinance No.1850. Mayor Pro Tem Fry read the caption of Ordinance No. 1850 as follows: An ordinance of the City of West University Place, Texas, establishing a program of comprehensive emergency management which includes the mitigation, preparedness response and recovery phases of civil, preparedness; acknowledging the office of emergency management director; authorizing the appointment of an emergency management coordinator; and providing the duties and responsibilities of those offices; identifying an operational organization; granting necessary powers to cope with all phases of emergency management which threaten life and property in the City of West University Place, Texas; authorizing cooperation and mutual aide agreements for relief work between this and other cities or counties and for related purposes; prohibiting unauthorized warning and all-clear signals and making violations a misdemeanor punishable by fine not to exceed $500.00; finding compliance with the open meetings law; providing a severability clause; and providing an effective date hereof Copies of Ordinance No. 1850, 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 approve Ordinance 1850 on the second and final reading. 3 City Council Regular and Special Session, August 13, 2007 A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Joint Resolution with Harris County. Matters related to a Joint Resolution No. 2007-06 adopting an integrated, inter-jurisdictional Emergency Management Plan with Harris County and other cities. Fire Chief Steve Ralls reported that in an effort to reduce loss of life and property during catastrophic emergencies and disasters, State and Federal laws mandate that all local governmental entities develop a framework that will provide for continuity of government. These laws also require each entity to define its mitigation, planning, response and recovery phases of emergency management. The City of West University?s Emergency Management Plan is interjurisdictional with Harris County?s Plan and complies with the aforementioned mandates. Joint Resolution # 2007-06 will allow the City of West University Place to enter into a mutual aid agreement with Harris County and officially unite the Emergency Management efforts of both jurisdictions. A motion was made by Council Member Fry, seconded by Council Member Guffey, to approve Resolution No. 2007-06. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Park Property. Matters related to the purchase, exchange, lease or value of real property for park purposes. (3304 Nottingham) This item was not considered during the Regular Session. 4 City Council Regular and Special Session, August 13, 2007 2007 Budget Amendment. Matters related to a 2007 Budget amendment including Ordinance No. 1851. Mayor Kelly read the caption of Ordinance No. 1851 as follows: An ordinance amending the budget of the City of West University Place, Texas for the fiscal year beginning January 1, 2007 and ending December 31, 2007; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1851, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that Staff has prepared an Ordinance amending the 2007 Budget to: Create a Streetlight Project Fund and appropriate $800,000 for the first phase of the Streetlight Project. Appropriate $211,000 to be transferred from the General Fund to the Streetlight Project Fund. Appropriate $2,000,000 in the Capital Projects Fund to acquire land for parks. In a workshop meeting on July 9, 2007, Council authorized appropriating $800,000 to implement the first phase of a comprehensive streetlight program. The funding for this first phase is to be: $589,000 from the METRO Grant Fund, and; $211,000 from the General Fund reserves. In addition to providing the authorization to spend fund on the Streetlight Project, the Ordinance appropriates $2,000,000 to acquire land for parks. The source of the funding for this projection would be to sell bonds previously approved by the voters. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Ordinance 1851 increasing the General Fund?s appropriations by $211,000, creating a Streetlight Project Fund, appropriating $800,000 for the first phase of the Streetlight project, and appropriating $2,000,000 to acquire parkland on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen and Guffey Voting Nay: Council Member Talianchich Absent: None The motion passed 4-1. 5 City Council Regular and Special Session, August 13, 2007 Streetlights, Parkland and Reimbursement from Future Bond Proceeds. Matters related to streetlights and parkland and the reimbursement from future bond proceeds including Resolution No. 2007-07. Mr. Thomas reported that a Resolution authorizing reimbursement from any future bond issue has been prepared in order to give Council the maximum amount of flexibility in financing the Streetlight Project; and to allow Council to be able to acquire parkland prior to issuing the bonds that were approved by the voters in November 2006 for that purpose. This Resolution does not bind Council in any way, but its adoption offers the opportunity to use the proceeds of future bond issues if Council decides that is the appropriate course. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Resolution 2007-07. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich 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 July 23, 2007 and Special Session conducted on July 27, 2007. A motion was made by Council Member Cohen, seconded by Council Member Fry, to approve the minutes of July 23 and July 27, 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 Voting Nay: None Absent: None The motion passed 5-0. Council Reports 6 City Council Regular and Special Session, August 13, 2007 Council Member Fry reported that he enjoyed attending the TML seminar for newly elected officials and that he was impressed with the speakers. City Manager Report The City Manager reported that new temporary streetlights had been installed at Auden and Georgetown for citizen comments. Adjournment A motion was made by Council Member Fry, seconded by Council Member Talianchich, 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 Voting Nay: None Absent: None The City Council adjourned the Regular Session at 7:05 p.m. 7