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HomeMy WebLinkAbout050806R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, MAY 8, 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 May 8, 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, Building Official, 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, th Chapter 551, on the 4 day of May 2006 at 5:00 p.m. Special Session 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, Assistant City Manager/Public Works Director Ron Wicker and Legal Counsel Mark Breeding 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 5:30 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 5:58 p.m. City Council Regular and Special Session, May 8, 2006 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, Legal Counsel John Hightower and Clarence West 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 6:00 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:35 p.m. The City Council adjourned the Special Session at 6:37 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. Burton Dickey, 6514 Mercer, commented that the City should buy the property on Pittsburg and preserve it as a nature park. Mardi Turner, 6515 Mercer, agreed with Mr. Dickey in that the City should purchase the property on Pittsburg. Mark Vance, 3824 Ruskin, commented that he wanted to express support and offer his assistance in the City?s efforts in acquiring potential park space. He stated that he was on the Board of a non-profit organization called Legacy Land Trust, which holds conservation easements for willing landowners who do not want to develop their property. The Land Trust serves as a wetlands mitigation bank. 2 City Council Regular and Special Session, May 8, 2006 Proclamation for International Building Safety Week. Matters related to a Proclamation declaring the week of May 7 ? May 13, 2006 as International Building Safety Week. Mayor Ballanfant read and signed the Proclamation declaring the week of May 7 ? May 13, 2006 as International Building Safety Week. 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. Building Official Debbie Scarcella reported that this is the second reading of Ordinance th No. 1823. It was adopted on first reading on April 24 without any additional changes. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adopt Ordinance No. 1823 on the second and final reading. 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 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 3 City Council Regular and Special Session, May 8, 2006 Copies of Ordinance No. 1824, in the form proposed for adoption, were available in the Council Chambers. Ms. Scarcella reported that the City Council approved the first reading of this ordinance with several changes on April 24, 2006. One was to clarify and make consistent wording about height and also 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. A motion was made by Council Member Cohen, seconded by Council Member Segal, to adopt Ordinance No. 1824 on the second and final reading. 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 Code of Ordinances. Matters related to the Code of Ordinances including Ordinance No. 1827. Mayor Ballanfant read the caption of Ordinance No. 1827 as follows: An Ordinance adopting and enacting a new code for the City of West University Place, Texas; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; providing when such code and this ordinance shall become effective; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1827, in the form proposed for adoption, were available in the Council Chambers. City Secretary Kaylynn Holloway reported that this is the second reading of Ordinance No. 1827. The City has received a supplement from the Municipal Code Corporation (MCC) with some corrections since the first reading of the Ordinance. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1827 on the second and final reading. 4 City Council Regular and Special Session, May 8, 2006 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 Sex Offender?s Residency restrictions. Matters related to sex offender?s residency restrictions including Ordinance No. 1829. Mayor Ballanfant read the caption of Ordinance No. 1829 as follows: An ordinance of the City of West University Place, Texas amending Chapter 54, offenses and miscellaneous provisions, of the West University Place Code of Ordinances, by adding a new Article V, entitled regulation of sex offender residency making it unlawful for certain sex offenders to reside within 1,000 feet of premises where children gather; providing exceptions; prohibiting property owners from renting real property to certain sex offenders; providing for a penalty; providing findings of fact and other matters related thereto. Copies of Ordinance No. 1829, in the form proposed for adoption, were available in the Council Chambers. City Attorney Alan Petrov reported that this ordinance establishes a residency restriction that prohibits registered sex offenders whose victim(s) were under the age of 16 from residing within 1,000 feet of a place where minors usually congregate such as schools, playgrounds, parks, daycares, and video arcades. In addition, landlords are prohibited from renting to registered sex offenders in such locations. Violation of the ordinance is a Class C Misdemeanor with a penalty of up to $500.00 per violation. The ordinance imposes no restriction on property sales and imposes no requirement that sellers investigate buyers. The ordinance is modeled after similar ordinances originating in Florida and is virtually identical to ordinances now adopted in Brazoria, Nassau, Friendswood, Alvin, Katy, and many other Texas cities. The City Council asked several questions relating to the restrictions. They asked that the map that was presented to Council accurately reflect the parks and the radius and have it presented at the next meeting for the second and final reading of the ordinance. A motion was made by Council Member Cohen, seconded by Council Member Woods, to adopt Ordinance No. 1829 on the first reading with the request that the map that accompanies the next reading be inclusive of all residency restrictions in West University Place. 5 City Council Regular and Special Session, May 8, 2006 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 Fire Engine. Matters related to the purchase of a new fire engine including Resolution No. 2006-07 approving lease/purchase agreement. Finance Director Walter Thomas reported that the 2006 Budget included $450,000 to th fund the purchase of a new fire pumper and at their April 24 meeting Council authorized the City Manager to begin negotiations with the banks to determine the most favorable lease terms for the City. In addition, the City is requesting an additional appropriation of $23,285 to fund additional cost for the pumper and will be part of the forthcoming year- end budget amendment. Resolution 2006-07 gives the City Manager authority to execute a lease agreement between the City and Banc of America. Banc of America has agreed to fund the purchase of the fire truck and lease the truck back to the City over five years, after which the City will own the truck. The interest rate on the proposed capital lease is 3.9514% per annum and Resolution 2006-07 authorizes a lease amount of $473,285. The lease is scheduled to fund an escrow account on May 17, 2006. The funds in the escrow will be held untilthe truck is delivered. Interest earned in the interim will be used to reduce the City?s obligation under the terms of the lease. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to appropriate an additional $23,285 in funds to cover the lease purchase of a new fire pumper, and approve Resolution 2006-07 authorizing the City Manager to enter into a lease agreement with Banc of America in an amount of $473,285. 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 Time Warner Cable. 6 City Council Regular and Special Session, May 8, 2006 Matters related to Time Warner Cable including administrative proceedings, testimony before the Texas Senate Committee on Business and Commerce, franchise agreements and matters related to the implementation and billing of cable service. Council Member Segal reported on the testimony he gave on April 27, 2006 before the Texas Senate Committee on Business and Commerce concerning Time Warner?s lawsuit against the City. The committee questioned Time Warner as to why West University Place was being sued instead of a large City that actually uses the 1% PEG fee in question. The committee also discovered that Time Warner had altered the affidavit as part of the state franchise application and questioned as to whether the State franchise th was valid. On April 28 during an emergency session of the Public Utilities Commission, Time Warner modified its position and agreed to pay (under protest) the 1% PEG fee. Park property. Matters related to the purchase, exchange, lease or value of real property for park purposes. The City Council discussed going into executive session to address this item. Council Member Woods stated that he thought this item should be discussed in public session because this was a matter that has to do with the decisions of the budget and should be discussed as such before the Council addresses particular pieces of property. A motion was made by Council Member Segal, seconded by Council Member Cohen, to discuss this agenda item in Executive Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: Council Member Woods Absent: None The motion passed 4-1. 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. 7 City Council Regular and Special Session, May 8, 2006 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 7:15 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:50 p.m. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on April 24, 2006. A motion was made by Council Member Segal, 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 Segal and Yehle Voting Nay: None Absent: None Abstain: Council Members Cohen and Woods The motion passed. 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. City Manager Michael Ross reported that the Staff would be meeting with a resident on Buffalo Speedway to discuss the parking restrictions. The City Council briefly discussed the no parking restrictions on Buffalo. They agreed that the Staff should add this item to the agenda for discussion at the next meeting. Mr. Ross also commented that yard waste was no longer accepted as recycling and it was now going to the transfer station and then to the landfill. The Staff will be looking for another source to accept the yard waste. 8 City Council Regular and Special Session, May 8, 2006 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 9:06 p.m. 9