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HomeMy WebLinkAbout102207R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, OCTOBER 22, 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 October 22, 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, Fire Chief, Parks and Recreation Director, Police Chief, Finance Director, Building Official, City Planner and Urban Forester were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 19 day of October 2007 at 10:00 a.m. Special Session Tree Ordinance and joint meeting with the Building and Standards Commission. Matters related to the Tree Ordinance including a report from members of the Building and Standards Commission. Members of the Commission present at the meeting were Chair Bryant Slimp, Dave Miller, Denis Powers and Peter Benjamin. Urban Forester Craig Koehl was also present during this discussion. Building Official Sean Landis reported that the Building and Standards Commission has been meeting since February 2007 concerning the provisions of Chapter 82 of the Code of Ordinances entitled ?Urban Forest and Enhancement?. Staff approached the BSC to consider revising the provisions in order to: correct and simplify the regulations. One of City Council?s long-term goals has been to review and revise the permitting process, including the evaluation of development sites for compliance with tree preservation and protection requirements, removal of trees and replacement plantings. The BSC had some input from the general public through meetings earlier in the year. Citizen concerns over the loss of large or ?heritage? trees, relative size of replacement plantings and their locations, and the inflexibilities in permitting a property owner to remove trees prompted the BSC to explore new avenues and options that are in some instances, very different from the current regulations. Mr. Dave Miller highlighted the major differences between the current provisions and the proposed changes. City Council Regular and Special Session, October 22, 2007 Mr. Koehl gave a brief explanation of the problems with the current ordinance. The City Council asked questions and agreed that the tree ordinance should remain strict with regard to preservation of trees. Council Member Talianchich suggested that there should be an incentive given to property owners to save trees or plant on the city property in the right-of-way. The Commission will continue to review the proposed changes to the Tree Ordinance. Boards and Commissions. Matters related to Boards and Commissions including the interview of two volunteers. The City Council interviewed Brian Fiegel and John Wilkinson for volunteer positions on the Parks and Recreation Board and the Recycling and Solid Waste Reduction Board. Resolutions will be prepared for consideration at the next meeting. Environmental issues. Matters related to environmental issues in the City including leaf blowers and pollution. Council Member Michael Talianchich stated that he would like the City Council to consider showing some additional leadership in improving the environment in the City by adopting a Proclamation with a set of guidelines for the citizens. He suggested the following: Ask the citizens to participate in improving the environment Ask the lawn mowing contractors to eliminate the noisy and carbon producing gasoline leaf blowers and instead use an electric or battery powered leaf blower or hand rake Ask the lawn mowing contractors to eliminate the noisy and carbon producing gasoline lawnmowers and instead use an electric or battery powered lawnmower Ask the citizens to remove shrubbery from the right-of-way street verge and replace the shrubbery and chinese tallows with long life trees Eliminate the use of chemical fertilizer and pesticide on lawns Encourage the shutting down of the automatic watering of lawns during the months of November through February The City Council agreed that these suggestions should be given to the Recycling and Solid Waste Reduction Board for consideration. They also suggested that these ideas should be included in educational materials for the citizens and put in the City?s newsletter. Park Property. Matters related to the purchase, exchange, lease or value of real property for park purposes. 2 City Council Regular and Special Session, October 22, 2007 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 and Parks and Recreation Board members Russ Schulze & Dave Agerton 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 6:01 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:21 p.m. The City Council adjourned the Special Session at 6:22 p.m. to convene in Regular Session. Formal Session Citizen Comments Mayor Kelly invited citizens who wished to address the City Council to come forward as their names were called. There were not any citizens who wished to speak at this time. HISD Bond Proposal. Matters related to the Houston Independent School District Bond Proposal including a presentation by Superintendent Dr. Saavedra. Dr. Saavedra and HISD Board Member Diane Johnson spoke to the City Council and Staff about the HISD Bond Proposal. They encouraged everyone to support the bond issue and to vote on th November 6. Mayor Kelly also encouraged everyone to vote favorably for the HISD bonds. 2008 Chevron Houston Marathon. Matters related to the 2008 Chevron Houston Marathon scheduled for January 13, 2008. 3 City Council Regular and Special Session, October 22, 2007 West U resident John Stokes and Race Director Brant Kotch spoke to the Council about the upcoming marathon. They requested that the marathon be allowed to use the streets of West University again this year. A motion was made by Council Member Fry, seconded by Council Member Cohen, to allow the marathon to come through the city after obtaining the necessary permits. 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. Zoning and Planning Commission. Matters related to the Zoning and Planning Commission including Resolution No. 2007-19 appointing a member as Secretary. City Secretary Kaylynn Holloway reported that the Commission has requested that the City Council appoint Mr. Clark as the secretary to the ZPC. A motion was made by Council Member Fry, seconded by Council Member Cohen, to approve Resolution No. 2007-19 appointing Selby Clark as secretary to the ZPC. 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. Fees and Charges Schedule. Matters related to the Fees and Charges Schedule including review of proposed changes and Ordinance No. 1853. Mayor Kelly read the caption of Ordinance No. 1853 as follows: 4 City Council Regular and Special Session, October 22, 2007 An ordinance relating to the Fees and Charges Schedule; amending the fee schedule of Code of Ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1853, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that as part of the 2008 budget process Staff reviewed all of the City?s fees and charges, which resulted in a fairly extensive list of changes. These changes were presented to Council at the last meeting and there were some questions that were generated at that meeting. Most of those questions have been resolved except one, which is the proposed new structure service fee. Assistant City Manager/Public Works Director Chris Peifer explained the difference between the short side service connection and long side service connection associated with the total fee for water connection permit and new structure meter installation. Two different fees were discussed. A motion was made by Council Member Talianchich, seconded by Council Member Fry, to make the following fees part of Ordinance No. 1853: A 5/8 inch meter, short side, the fee is $2,990.00; long side, the fee is $3,340.00. A 1 inch meter, short side, the fee is $3,090.00; long side, the fee is $3,865.00. 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 Member Guffey stated that he was opposed to adding additional fees for residents because the Council is probably going to be proposing a bond issue in the near future for new recreational facilities. The City should continue to collect fees to only recover actual operating costs. Mayor Kelly asked the Parks and Recreation Director Tim O?Connor if the fees covered not only the operating costs but also the maintenance. Mr. O?Connor commented that the fees do not take into account the janitorial service, ground maintenance or facility and park maintenance. Council Member Guffey stated that he thought the increase in the non-resident fees would add substantially to those O&M costs. 5 City Council Regular and Special Session, October 22, 2007 After further discussion of this item, Mayor Kelly called for a motion. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Ordinance No. 1853 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 and Talianchich Voting Nay: Council Member Guffey Absent: None The motion passed 4-1. 2007 Budget Amendment. Matters related to a 2007 Budget amendment including Ordinance No. 1854. Mayor Kelly read the caption of Ordinance No. 1854 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; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1854, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that in a workshop meeting on October 8, 2007, Council suggested transferring $1,850,000 from General Fund Reserves and increasing the appropriation in the Transportation Improvement Fund by the same amount to provide the funding needed to award the bid for the College Street/Bellaire Boulevard Improvement Project. To that end, staff has prepared an ordinance amending the 2007 Budget to provide funding for the project. Ordinance 1854 further affects the 2007 Budget by transferring appropriations in Finance, Police and Public Works to Parks and Recreation. Savings in Finance, Police and Public Works stem primarily from personnel vacancies. Unexpected repairs to air conditioning systems and electricity costs cause the need for additional funds in Parks and Recreation. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Ordinance 1854 on the first and final reading increasing the General Fund?s appropriations by $1,850,000 and appropriating $1,850,000 for construction of transportation improvements in the Transportation Improvement Fund. A vote was taken on the motion with the following result: 6 City Council Regular and Special Session, October 22, 2007 Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. College Avenue & Bellaire Boulevard Improvement Project. Matters related to the College Avenue & Bellaire Boulevard Improvement Project including award of contract to Total Contracting Limited in the amount of $5,904,203.00. Mr. Peifer reported that this project, including professional services, became part of the City?s improvement program including METRO?s commitment to fund $4.33 million on the City?s College Avenue & Bellaire Boulevard Improvement project. The project is a joint endeavor of both the City of West University Place as well as the City of Southside Place via the council approved interlocal agreement. Five bids were received and opened on September 26, 2007. The City?s engineer, Claunch & Miller, has reviewed the bids and is recommending an award to the lowest qualifying bidder, Total Contracting Limited, in the amount of $5,904,203.00 A motion was made by Council Member Cohen, seconded by Council Member Guffey, to approve the consulting engineer?s recommendation to award the contract to the lowest qualified bidder, Total Contracting Limited in the amount of $5,904,203 for the construction of the City of West University Place?s College Avenue and Bellaire Boulevard Improvement Project. 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. College Avenue & Bellaire Boulevard Project and Reimbursement from Future Bond Proceeds. Matters related to the College Avenue and Bellaire Boulevard Improvement Project and the reimbursement from future bond proceeds including Resolution No. 2007-18. Mayor Kelly read the caption of Resolution No. 2007-18 as follows: A Resolution expressing intent to finance expenditures to be incurred. 7 City Council Regular and Special Session, October 22, 2007 Mr. Thomas reported that in order to immediately proceed with transportation improvements for College Street and Bellaire Boulevard Council has authorized the use of General Fund Reserves. To give Council the option of issuing debt at a later date to reimburse the use of these reserves, a resolution expressing intent to finance expenditures to be incurred has been prepared. This resolution does not commit Council to issuing debt, but will allow expenditures that are incurred prior to issuing the debt to be reimbursed by the proceeds of a future debt transaction. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to adopt Resolution 2007-18 allowing the financing of transportation improvements with the proceeds of tax-exempt obligations to be issued in the future. 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. Rescheduling City Council meeting. Matters related to rescheduling the City Council regular session meetings in December 2007. A motion was made by Council Member Fry, seconded by Council Member Cohen, to change the council meeting date from December 24 to December 3, 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. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on October 8, 2007. A motion was made by Council Member Fry, seconded by Council Member Cohen, to approve the minutes of October 8, 2007 as presented. A vote was taken on the motion with the following result: 8 City Council Regular and Special Session, October 22, 2007 Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Council Reports Council Member Fry encouraged everyone to vote for the Port of Houston bond issue. City Manager Report Mr. Ross reported that negotiations on the first phase of a street lighting contract have hopefully been completed. He also reported that, after direction by the majority of Council, the City has completed the purchase of the property at 3501 Corondo Court. Adjournment A motion was made by Council Member Cohen, seconded by Council Member Talianchich, 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 Voting Nay: None Absent: None The motion passed 5-0. The City Council adjourned the Regular Session at 7:05 p.m. 9