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HomeMy WebLinkAbout061206R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, JUNE 12, 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 June 12, 2006, with the following members present: Mayor Ballanfant presiding, Council Members 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, Police Chief and Assistant to the City Manager were also present. Council Member Cohen was absent. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 8 day of June 2006 at 5:20 p.m. Special Session Drainage and other capital projects. Matters related to drainage and other capital projects including funding options. City Manager Michael Ross reported that the Staff recently received news from Metro that they have agreed to fund the City?s entire 2-year design storm sewer system for College Street and Bellaire. Funding for this project will be $4,330,000. Metro has also agreed to the City of Southside Place?s portion of the project on Bellaire Boulevard as well. As stated in the letter from Metro, this will be a new General Mobility Project and will require an Inter Agency Agreement between Harris County, the City of West University Place, and Metro. Metro?s legal counsel will see that the Agreement is prepared for execution. Mr. Ross asked if the Council was comfortable progressing with the engineering design phase for the work. Council Member Segal commented that this does not extend any of the system down the side streets toward the ditch. He stated that he thought the Council was discussing at some point that Southwestern and Marquette Streets were the lowest in the area and could possibly benefit from being added to the project. Mr. Ross stated that he asked Claunch & Miller, the City?s Consulting Engineers, about this area. He stated that the engineers thought there would be benefit in adding these two streets but they had not quantified that benefit as of yet. City Council Regular and Special Session, June 12, 2006 Segal stated that if those two streets could suffer when none of the others do, then the City should include these. Council Member Yehle commented that there are probably a lot of design alternatives that the Council could discuss. Consider the fact that if you improve the pipe under College Street, you will be capturing water that might otherwise have flowed to the end of the cul-de-sacs. And, because you are leaving the drains at the end of the cul-de-sacs in place and they are catching less water, a normal situation may be created at the end of those streets. But this is something that the engineers could determine if the College Street could be designed for future tie-ends or if some of the streets need relief now. The Council requested that the consulting engineers make this determination regarding the side streets. Council Member Woods asked the City Manager to state for the record what the 2-year design would accomplish. Mr. Ross stated that the engineers have shown that in a 2-year event when Braes Bayou and Poor Farm Ditch are not out of their banks that the water surface elevation would be below slab. Twenty homes would be six vertical inches below the top of slab and eighty homes would be 12 vertical inches below the top of slab. However, if the City has another storm like Tropical Storm Allison, then it would not matter what system the city has installed. The City Council agreed that they were comfortable progressing with the engineering design phase for the work. WiFi. Matters related to WiFi network being constructed and operated in West U. Mr. Ross reported that in December 2005, the City Council authorized the City Manager to negotiate the terms and conditions of a feasibility study with Redmoon Broadband to determine the feasibility of constructing a broadband system in West U. The Feasibility Study consisted of Redmoon & Chevron conducting the following: (1) Review of Operational Efficiencies, (2) Energy Audit, (3) Marketing Analysis, and (4) a Site Analysis. Redmoon has finished their site analysis, marketing analysis and operational efficiencies. Redmoon estimates that a WiFi network could be established in West U for approximately $890,000, plus $10,000 for monthly maintenance, support and services. Estimated relevant lifespan of the system is 10 years. This wireless network would provide residents with comparable speeds to internet broadband. Some customers would need to purchase an amplifier to boost their signal, but this would be a one-time cost of $50 ? $150. The City of West U could construct a WiFi within 6 months from the time the contract was signed. 2 City Council Regular and Special Session, June 12, 2006 Wireless water meter reading was also evaluated to improve overall quality of service, increase accuracy of meter reads, reduce rereads and save the cost of outsourcing meter reading. This option would require retrofitting or replacing all or part of the 6,600 meters in the City?s inventory for a capital cost of $1,700,000. Estimated savings range between $40,000 ? 55,000 per year. Mr. Ross stated that the City of Houston has held the first phase of the RFP process and is anticipating selecting a company by November 2006. There is no current geographic phasing plan available to know when Houston?s WiFi might become available to this area. Additionally there is no indication of what it might cost for West U residents at this time. The City Council agreed that the Staff should continue to monitor the City of Houston?s progress to determine if they will produce a viable alternative for the City of West University Place. 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 and City Attorney Alan Petrov 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 6:10 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:25 p.m. The City Council adjourned the Special Session at 6:26 p.m. 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. Laurie Mills, 3926 Case, requested that the City Council consider additional renovations at the Library on Auden. 3 City Council Regular and Special Session, June 12, 2006 Recycling and Solid Waste Reduction Board . Matters related to the Recycling and Solid Waste Reduction Board including Resolution No. 2006-09 appointing a member to the Board. A motion was made by Council Member Segal, seconded by Council Member Yehle, to adopt Resolution No. 2006-09 appointing Rhia Perkins to the Recycling and Solid Waste Reduction Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen Property tax refund. Matters related to 2005 ad valorem tax refunds in the amount of $2,120.04 Finance Director Walter 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. Since April 24, 2006, the City Council has approved six refunds totaling $9,920.87. As of June 6, 2006, the need to make another refund in the amount of $2,120.04 to Option One Mortgage due to their property tax payment for a homeowner who was not their client. A motion was made by Council Member Woods, seconded by Council Member Yehle, to authorize the refund of overpaid property taxes to Option One Mortgage in the amount of $2,120.04. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen Amendment to Property & Facility Assessment Master Plan. Matters related to Contract Amendment No. 1 to conduct conceptual design of the West University Recreation Center and Colonial Park. Mr. Ross reported that at the May 29, 2006 Special Meeting, the City Council authorized the City Manager to solicit a proposal from Pierce Goodwin Alexander Linville (PGAL) to develop 4 City Council Regular and Special Session, June 12, 2006 conceptual designs for the West URecreation Center and the Colonial Park Aquatic Center to be used in developing information for a future bond issue and fund raising. The proposed Parks & Recreation Master Plan is being used as the basis for determining relative size and types of activities to be associated with each facility. These conceptual designs will be generic in nature and will provide flexibility to accommodate future uses and activities that may be identified. Cost associated with this project are: Base Services ? West U Recreation Center: $ 8,500 Base Services ? Colonial Park Aquatic Center: $ 5,000 Reimbursables: $ 2 ,000 (includes 10% markup) Contingency: $ 500 TOTAL: $16,500 Mr. Ross stated that this item was not in the 2006 Budget as originally adopted, but funds could become available due to operational savings sufficient to fund this project by the end of the year. If savings are not sufficient, a Budget Amendment will be submitted at the end of the year to appropriate the funds. A motion was made by Council Member Yehle, seconded by Council Member Woods, to approve Amendment No. 1 to the Property and Facility Master Plan with PGAL of Houston, TX to provide professional services to develop conceptual designs for the West U Recreation Center and Colonial Park Aquatic Center in the amount of $16,000; appropriating the $16,000 from account # 310.7000.700.66.90; and to authorize the City Manager to take other actions necessary to implement the intent of the City Council regarding this matter. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen 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. 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 5 City Council Regular and Special Session, June 12, 2006 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. Copies of Ordinance No. 1828, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Ron Wicker requested that the Council adopt Ordinance No. 1828 on the second and final reading. A motion was made by Council Member Woods, seconded by Council Member Segal, to adopt Ordinance No. 1828 on the second and final reading and approving the second amendment to the Water Supply Contract. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen Parking agreement. Matters related to a parking agreement between the City of West University Place and the West University Baptist Church. Mr. Wicker reported that last year, West University Baptist Church (WUBC) applied to the Zoning Board of Adjustment for special exceptions and variances in connection with a proposed new activity building to replace the existing gym. The ZBA approved the application, but with conditions. Among them was a condition that the WUBC study the required parking, loading and circulation and, if necessary, come back to the ZBA for additional consideration. The WUBC study indicated that additional off-street parking spaces would be required, so WUBC approached the City about a possible shared parking arrangement. The Memorandum of Understanding (MOU) emerged from that discussion. Under the MOU: (a) the City would allow to use City lots close to the Municipal Building on Sundays and Wednesday nights and the public (b) WUBC would allow to use two large WUBC lots on Milton Street Monday the public through Saturday. In addition, the MOU allows the City to use Lot 1, next to the Public Works Building on Milton. City employees would have priority parking rights (15 spaces), and the City could use the whole lot for special events (e.g., recycling and heavy trash collection). The City would provide ordinary maintenance of Lot 1 ?to the extent determined from time to time by the City?s Public Works Director.? 6 City Council Regular and Special Session, June 12, 2006 If the City Council approves the MOU, the WUBC will apparently have to return to the ZBA for consideration of the parking and loading areas for the new building and the remainder of the campus (under the applicable provisions of the zoning ordinance). Roger Patterson from the West University Baptist Church was present at the meeting to answer questions. Council Member Segal expressed concern that Council action could shortcut the ZBA?s consideration of the issues. The pending decisions require the Church to return to the ZBA for a Special Exception and Variance, if necessary. The Council is being asked to approve the MOU without understanding the facts, including the amount of the parking deficiency. Segal asked for a review of the traffic engineering study and to have the current Building Official appear to answer questions of Council at the next meeting. Mayor Ballanfant commented that the Council could delay consideration of this item until the Council has received the traffic study from the Church and the Building Official is present at the meeting to answer additional questions. A motion was made by Council Member Segal, seconded by Mayor Ballanfant, to delay the decision on this item until the next Council meeting. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Yehle Voting Nay: Council Member Woods Absent: Council Member Cohen The motion passed. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on May 22, 2006 and Special Sessions conducted on May 29 and June 2, 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: Council Member Cohen Abstain: Council Member Woods 7 City Council Regular and Special Session, June 12, 2006 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. Council Member Segal commented that the Time Warner Cable lawsuit was dismissed. Mayor Ballanfant commented that he wanted to commend the City of Southside Place and Bellaire for working with West University in obtaining the funding for the drainage project. 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 Yehle , to adjourn the Special Session A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The City Council adjourned the Special Session at 7:16 p.m. 8