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HomeMy WebLinkAbout042406R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, APRIL 24, 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 April 24, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Segal and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Building Official, Parks and Recreation Director and Assistant to the City Manager were also present. Council Members Cohen and Woods were absent. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 20 day of April 2006 at 3:00 p.m. Special Session Time Warner Cable. Matters related to Time Warner Cable including administrative proceedings, pending or contemplated litigation. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov, and Legal Counsel John Hightower 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 551.071 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 5:30 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 5:43 p.m. Fire Engine. Matters related to the purchase of a new fire engine including financing authorization to proceed with purchase. City Council Regular and Special Session, April 24, 2006 Finance Director Walter Thomas reported that the included $450,000 to 2006 Budget fund the purchase of a new fire pumper. The new pumper will replace the 1972 American LaFrance Pioneer that has reached the end of its useful life as a reserve pumper. Currently, the apparatus has inadequate storage space for equipment, inadequate pump size, and does not currently meet the State recommended National Fire Protection Association (NFPA) standards for firefighter safety. The City recently received a bid for a 2006 Pierce Dash Pumper that will meet and exceed the NFPA standards. This new pumper will provide consistency among manufacturers for all pumpers for operation, maintenance and will also include a compressed air foam system. This foam system will extinguish a fire quicker, cause less damage to property and will increase firefighter safety by reducing fatigue. A new truck equipped appropriately for service in West U will cost $473,285 and take approximately ten months to construct. The City has the option of paying $449,593 on placing the order, or the $473,285 on delivery There are three alternative sources of funding for the new engine. 1. General Fund Balance 2. Lease Contract 3. Municipal Finance Contract Option 1 - General Fund Balance: The City?s General Fund completed the 2005 fiscal year with $3.2 million. If Council reserves $2.6 million or 25% of 2006 revenues against unforeseen events, there is $600,000 that could be used to purchase the engine. Option 2 - Lease Contract: An equipment lease contract is basically a debt secured by the new engine. Based on inquiries made to interested banks, the cost of financing the fire engine using equipment leasing would range from 3.95% for five years to 4.115% for ten years. Ultimately the funding for the equipment lease would come from the maintenance and operating tax rate or fund balance. Option 3 ? Municipal Finance Contract: The Houston Community Bank offers a Municipal Finance Contract, which is a debt instrument secured by a pledge of tax revenue. The interest rate on this contract ranges from 4.15% to 4.41%. Additionally, this contract would fund on approval and the City could invest the funds until the engine is completed. Using either lease finance or the municipal finance contract would allow the City to earn interest at 4.83% on $475,000 while paying a lower rate, which over a five year contract would result in approximately $10,500 more interest earned than paid. Using the municipal financing contract would net an additional $4,300 in interest earnings over the construction period of the engine. 2 City Council Regular and Special Session, April 24, 2006 The City Council agreed that Option 2 for the lease/purchase would be the best option for funding the new fire engine. The Finance Director will bring back an agreement for Council approval at the next meeting. 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. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov and Assistant City Manager/Public Works Director Ron Wicker 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 551.071 and Section 551.072 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 5:56 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:05 p.m. The City Council adjourned the Special Session at 6:07 p.m. Formal Session Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Jeff Hooton, 4110 Childress, asked the City Council to express opposition to the Light Rail being constructed on Westpark. Andrea Spiering, 6617 Buffalo Speedway, asked the City Council to reconsider banning parking on Buffalo Speedway. 3 City Council Regular and Special Session, April 24, 2006 James Weston, 6621 Buffalo Speedway, asked the City Council to reconsider banning parking on Buffalo Speedway. Carolyn Sacchi, 3768 Rice Boulevard, asked that the City have only parking on one side of the street during the Little League closing ceremonies. Russ Schulze, 3518 Rice Boulevard, asked that the adoption of the Parks Master Plan be expedited and that the Council consider acquiring property for additional park space. Charles Nelson, 3411 Nottingham, requested that the Council make resources available now so as property becomes available it could be acquired for park space. Council Member Segal stated that he would be requesting an agenda item regarding the parking on Buffalo Speedway and if he gets a second it will be on a subsequent agenda. Senior Services Board. Matters related to Senior Services Board including Resolution No. 2006-06 appointing a member. A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve Resolution No. 2006-06 appointing Byron Prater to the Senior Services Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None Absent: Council Members Cohen and Woods The motion passed 3-0 Property tax refund. Matters related to 2005 ad valorem tax refunds in the amount of $1,550.17 Mr. Thomas reported that each year the City receives overpayments of property taxes. Section 31.11 of the Property Tax Code requires approval by the City Council of property tax refunds that exceed $500.00. On March 27, 2006, Council approved five refunds totaling $8,370.70. Since then, there is a need to make another refund in the amount of $1,550.17 to Stewart Title because they overpaid penalty and interest on an account that had been granted an over-65 tax deferral. 4 City Council Regular and Special Session, April 24, 2006 A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve the refund in the amount of $1,550.17 to Stewart Title. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None Absent: Council Members Cohen and Woods The motion passed 3-0 Technical Codes. Matters related to the Technical Codes including Ordinance No. 1823. Mayor Ballanfant read the caption of Ordinance No. 1823 as follows: An ordinance related to Technical Codes, 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. 1823, in the form proposed for adoption, were available in the Council Chambers. Debbie Scarcella, Chief Building Official reported that the state legislature enacted a law during the last session requiring municipalities to adopt the 2003 International Building Codes as the construction standard for all commercial structures within their municipality. Staff has reviewed the entire family of the 2003 international codes and prepared the attached proposed amendments to the Standard Codes Schedule. The Building and Standards Commission held several workshops and meetings refining the proposed amendments, and voted to support the recommended changes at their meeting held on February 2, 2006. A motion was made by Council Member Segal, seconded by Council Member Yehle, to adopt Ordinance No. 1823 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None Absent: Council Members Cohen and Woods The motion passed 3-0 5 City Council Regular and Special Session, April 24, 2006 Structural framing and related elements. Matters related to structural framing and related elements including Ordinance No. 1824 Mayor Ballanfant read the caption of Ordinance No. 1824 as follows: An ordinance relating to structural framing and related elements; 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. 1824, in the form proposed for adoption, were available in the Council Chambers. Ms. Scarcella reported that the Building and Standards Commission has worked since last year on provisions to amend the Standard (Technical) Codes Schedule to include structural framing provisions. These provisions would be in addition to, and in compliment with, the 2003 International Codes. The basic proposal sets out minimum requirements for construction and certification of the structural framing elements of a building and includes definitions that are consistent with the current requirements for foundation certification. Several meetings and workshops were held by the Building and Standards Commission, and at their February 2, 2006 meeting, they voted to support the ordinance amendments before City Council. The City Council asked for changes and clarification of the certification requirements. On March 6, 2006, the Building and Standards Commission held a workshop to discuss the requested changes. Mr. David Arentsen, Senior Vice President of USI Southwest, a professional insurance underwriting company, attended the workshop and gave input as to the certification section wording. The changes were made and approved by the Building and Standards Commission at the April 6, 2006 meeting. The City Council asked that the definition of ?height? be moved under Section B. and the language under Structural Elements (a) and (b) be changed to be Definitions consistent in addressing ?height?. They also asked that the date under Definitions ?RLPE? (a) be changed from May 1, 2006 to June 1, 2006. A motion was made by Council Member Yehle, seconded by Council Member Segal, to adopt Ordinance No. 1824 on the first reading with the modifications discussed. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None Absent: Council Members Cohen and Woods The motion passed 3-0 6 City Council Regular and Special Session, April 24, 2006 Urban Forester. Matters related to the Urban Forester position including Ordinance No. 1826. Mayor Ballanfant read the caption of Ordinance No. 1826 as follows: An Ordinance relating to the appointment of an Urban Forester; 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. 1826, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Ron Wicker reported that Ordinance 1826 will amend the Urban Forest Preservation and Enhancement Ordinance and allow the City Manager to appoint the Urban Forester, whether that position is a full-time employee or a consultant. This will provide the greatest flexibility in filling this position with the most qualified candidate and ultimately benefit the City by having a candidate that it highly qualified in one or both of the disciplines. A motion was made by Council Member Segal, seconded by Council Member Yehle, to adopt Ordinance No. 1826 relating to the appointment of an Urban Forester on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None Absent: Council Members Cohen and Woods The motion passed 3-0 Kirby Drive Storm Sewer Project and amending the City of Houston Water Supply Contract. Matters related to the Kirby Drive Storm Sewer Project and amendment to the City of Houston Water supply contract including Ordinance No. 1828. Mayor Ballanfant read the caption of Ordinance No. 1828 as follows: An Ordinance relating to the use of certain easements or rights of way in connection with the Kirby Drive Storm Sewer Project; approving and authorizing the second amendment to the existing water supply contract between the City of Houston and the City of West University Place; and containing findings and provisions relating to the subject. 7 City Council Regular and Special Session, April 24, 2006 Copies of Ordinance No. 1828, in the form proposed for adoption, were available in the Council Chambers. Mr. Wicker reported that the City of Houston has sought permission to use West University Place (WUP) easements and rights of way in connection with the Kirby Drive storm sewer project. Apparently, Houston will need to excavate and link the new ?box? storm sewer with existing facilities in West University Place. The proposed Second Amendment would grant WUP?s consent to use WUP easements and rights of way for that purpose. The exact areas to be used would be determined by the final plans and specifications, which would be subject to approval by the WUP Public Works Director. In reviewing the plans and specifications, the Director is required to apply the same standards WUP would apply to its own facilities of the same or similar type. This is the same basic rule that the agreement prescribes for Houston?s review of WUP facilities located in Houston rights of way (e.g., water lines in Bissonnet Street). The First Amendment to the agreement (signed in 1999) allows WUP to give certain notices to Houston identifying WUP facilities in Houston rights of way. The Second Amendment confirms that each city consents to the other city?s facilities, as mentioned in the agreement. The Second Amendment also includes a special provision for installing decorative pavers in WUP streets affected by the work. The incremental cost would be paid by WUP. Staff has estimated $25,000, but the actual cost will depend on bids received by Houston. The recommendation is to fund this out of the City?s Infrastructure Replacement Fund. The City Council asked numerous questions regarding the installation of the pavers and the full replacement of the concrete panels during construction. The City Council agreed that this item should be tabled until a later date. City Council minutes. Matters related to the minutes of the Special Sessions conducted on April 5 and 13, 2006 and the Regular Session conducted on April 10, 2006. A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None Absent: Council Members Cohen and Woods 8 City Council Regular and Special Session, April 24, 2006 The motion passed 3-0. 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. There were not any reports given at this time. Park property. Matters related to the purchase, exchange, lease or value of real property for park purposes. 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. 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 7:30 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:08 p.m. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Yehle, seconded by Council Member Segal, to adjourn. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: None 9 City Council Regular and Special Session, April 24, 2006 Absent: Council Members Cohen and Woods The Council meeting adjourned at 8:09 p.m. 10