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CITY COUNCIL REGULAR AND SPECIAL SESSION
MONDAY, MARCH 27, 2006
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
5:30 P.M.
The City Council convened in Regular and Special Session in the Municipal Building
(3800 University Blvd.) on March 27, 2006, with the following members present: Mayor
Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City
Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director,
Finance Director, Parks and Recreation Director and Assistant to the City Manager were
also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
rd
Chapter 551, on the 23 day of March 2006 at 4:45 p.m.
Special Session
Parks Master Planning.
Matters related to the Parks Master Planning and an update from the Task Force.
Parks and Recreation Director Tim O?Connor reported that in January of 2005, the City
Council appointed a nine member Parks Master Planning Task Force and provided that
group with a ?Scope of Responsibility? outlining their expectation. Since their inaugural
meeting on February 14, 2005, the Task Force has conducted eighteen meetings, six
independent focus group sessions, two public meetings, various site visits and countless
hours of individual members facilitating research and development ?homework?. The
result of the Task Force?s fourteen month effort has resulted in the compilation of a
Proposed 2006 Parks Master Plan document.
Staff?s proposed schedule for the remaining process is recommended as follows:
1) Receive feedback from the City Council,
2) Receive endorsements from the Friends of West U Parks, Parks Board and Senior
Service Board,
3) Receive City Council?s approval to hire a professional design firm to finalize the
proposed Master Plan,
4) Hold one Public Hearing to finalize the proposed Parks Master Plan, and
5) Return to City Council for their adoption of the 2006 Parks Master Plan.
Park Master Planning Task Force Chairperson, Nina Springer, presented the proposed
plan.
City Council Regular and Special Session, March 27, 2006
Other members of the Task Force present at the meeting were: Russ Schulze, Bob Fry,
Joan Johnson and Cindy Hassler.
The City Council asked numerous questions and made suggestions relating to the Master
Plan.
The City Council accepted the draft Master Plan and thanked the Task Force for their
work.
The City Council recessed the Special Session and convened in Regular Session.
Formal Session
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come
forward as their names were called.
Ramsay Elder, 2821 Tangley, stated that the Council should reject the Parks Master Plan
as presented because it did not include the purchase of park land on the west side of the
City.
Dorothy Zink, 6527 Sewanee, commented that she was opposed to selling the City owned
property on Westpark.
Water rates.
Matters related to water rates including Ordinance No. 1825.
Mayor Ballanfant read the caption of Ordinance No. 1825 as follows:
An ordinance relating to water rates; 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. 1825, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas reported that recently the City received notice from the
City of Houston announcing a 3.6% increase in the charge for contract treated water,
adding approximately $42,000 to the annual cost estimated for treated water. Because the
cost of treated surface water is approximately 25% of the total expenditures in the Water
Fund (Debt Service is about 50%, labor and supplies account for the rest), a
Monthly
1.5% increase in revenues generated from the water portion of the bill would
GallonsIncrease
offset the City of Houston?s rate increase.
0.233,000
0.396,000
0.7812,000
1.7024,000
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City Council Regular and Special Session, March 27, 2006
Council Member Segal questioned the calculation of the monthly-added cost.
The Finance Director stated that he would check the calculation.
The City Council asked questions relating to the increase and the contract with the City of
Houston.
Mayor Ballanfant requested that the City Attorney perform a legal analysis of every term
in the water contract between West University Place and the City of Houston.
A motion was made by Council Member Yehle, seconded by Council Member Cohen, to
adopt Ordinance 1825 increasing water rates 1.5% due to the City of Houston?s water rate
increase on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Council Members Cohen, Segal, Woods and Yehle
Voting Nay: Mayor Ballanfant
Absent: None
The motion passed 4-1.
Property tax refund.
Matters related to 2005 ad valorem tax refunds in the amount of $8,370.70
Mr. Thomas stated that each year the City receives overpayments of property taxes. The
causes of overpayment vary, but the most common are:
Both the taxpayer and the taxpayer?s agent pay the property tax.
The taxpayer pays a wrong amount.
Section 31.11 of the Property Tax Code requires approval by the City Council of property
tax refunds that exceed $500.00.
The following schedule details the taxpayers, the reason for the overpayment and the
amount of refund requested:
Taxpayer(s)Reason for OverpaymentAmount
1st Am Tax Svcs/ShariffMortgage Co. and Title Co. paid$1,514.11
Wang YiTaxpayer Overpaid$1,343.51
Wells Fargo/1st Am Mortgage/StrawnTwo Different Mortgage Cos Paid$2,405.21
Wells Fargo/1st Am Mortgage/RoarkTwo Different Mortgage Cos Paid$1,320.14
Wells Fargo/Willowwick Bldr/CadenBoth Mortgage Co & Builder Paid$1,787.73
$8,370.70
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City Council Regular and Special Session, March 27, 2006
A motion was made by Council Member Woods, seconded by Council Member Cohen, to
authorize the refund of overpaid property taxes identified above in the amount of
$8,370.70.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods
and Yehle
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Regular Session conducted on March 13, 2006.
A motion was made by Council Member Woods, 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 Ballanfant, Council Members Cohen, Segal, Woods
and Yehle
Voting Nay: None
Absent: None
City Property/City Facilities Master Planning.
Matters related to City Property and City Facilities Master Planning.
City Manager Michael Ross reported that given the recent City Property and Facilities
discussions it appears that it is prudent to consider performing a comprehensive study of
these items. This Master Plan could serve as an important guide for the future
development of the City?s properties and facilities. It would identify broad, city-wide
goals as well as specific objectives and strategies for the facilities and properties.
It appears that the consulting firms that are the finalists for the Public Safety Facilities are
capable of performing this study if Council would like to proceed. As the firms are
interviewed, Staff could gauge the potential to expand the professional services to
encompass this study and bring a recommendation forward to Council for consideration
in April.
If Council agrees that this study should be performed it would be advisable to discuss the
current lease/sale agreements on the table as well as the schedule for the Public Safety
Facilities Preliminary Design.
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City Council Regular and Special Session, March 27, 2006
City Attorney Alan Petrov stated that the City should separate the two projects into two
separate agreements.
The City Council agreed to authorize the facilitation of a West University Properties and
Facilities Master Planning Study.
Property located at 4213 Bellaire.
Matters related to the property located at 4213 Bellaire Boulevard including a lease
agreement.
Marshall S. Clinkscales, Jr., the City?s Broker, reported that per City Council?s direction
the City?s Broker has negotiated a ?best and final offer? for the lease of the City?s
property at 4213 Bellaire Boulevard. Cyclone Cycles has submitted the best offer. They
will agree to the following:
Month 1 Free
Months 2-12 $2,500/month
Months 13-36 $2,750/month
Months 37-60 $3,000/month
Cyclone Cycles agrees to take the property "AS IS" and they understand the condition of
the property. They also understand that the rents are net to the City. Our real estate
attorney, Rick Spencer, will prepare the lease agreement for execution.
A motion was made by Council Member Cohen, seconded by Council Member Yehle, to
authorize the City Manager to enter into a lease agreement with Cyclone Cycles including
a provision for the right to terminate with reasonable notice.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods
and Yehle
Voting Nay: None
Absent: None
Property located at Westpark Drive and Wakeforest Street.
Matters related to the property located at Westpark Drive and Wakeforest Street including
sell, lease or other related matters.
Mr. Clinkscales suggested that the Council allow him to go back and talk to the interested
parties who had expressed an interest in a short-term lease and then bring back to Council
a recommendation for their consideration.
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City Council Regular and Special Session, March 27, 2006
The Council agreed.
Intergovernmental & Infrastructure Issues; Staff or Council Report.
Matters relating to intergovernmental relations and agreements including negotiations,
extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of
Southside Place, Metropolitan Transit Authority agreements, infrastructure projects,
drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and
coalition, City owned properties, potential purchase of property, City Center project,
streetlights, railroad quiet zones and task force, board and commission liaison reports and
related matters. This may include report(s) from staff and reports and directives to staff
from Council Members.
Mr. Ross reported that the Staff has notified the residents on Buffalo Speedway and the
no parking signs are being installed in preparation for the Kirby Drive project and the
anticipated diversion.
Council Member Woods requested that the Staff provide a report on the volume of traffic
being diverted when the construction begins north of Holcombe.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Cohen, seconded by Council Member Woods, to adjourn.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods
and Yehle
Voting Nay: None
Absent: None
The Council meeting adjourned at 7:32 p.m.
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