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Home My WebLink About081406R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, AUGUST 14, 2006 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:00 P.M. The City Council convened in Regular and Special Session in the Municipal Building (3800 University Blvd.) on August 14, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Chief Building Official, Finance Director, Parks and Recreation Director, Fire Chief, Police Chief, Public Works Coordinator and Assistant to the City Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 11th day of August 2006 at 4:30 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 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 5:00 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 5:40 p.m. City Council Regular and Special Session, August 14, 2006 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, Parks and Recreation Director Tim O?Connor, Michael Welsh from Integra Realty, City?s Broker Marshall Clinkscales and Real Estate Attorney Rick Spencer 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 5:40 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:15 p.m. Boards and Commissions. Matters related to the Boards and Commissions including an interview with a volunteer who would like to serve on the Zoning Board of Adjustment or Building and Standards Commission. The City Council interviewed Jason Powers for a volunteer position on the Zoning Board of Adjustment or Building and Standards Commission. Conceptual Design of the West U Recreation Center & Colonial Park. Matters related to the conceptual design of the West U Recreation Center & Colonial Park Pool. The City Council discussed the conceptual plans and the estimated costs. They also discussed the ballot language for the proposed ballot propositions. Bond Committee. Matters related to the appointment of a Bond Committee. City Manager Michael Ross asked the Council if they were interested in appointing a Bond Committee to provide factual information to the public about the propositions on the November Bond Election. 2 City Council Regular and Special Session, August 14, 2006 The City Council requested that the Staff contact organizations that might be interested in serving on a Bond Committee. The City Council adjourned the Special Session at 6:55 p.m. to convene 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. There were not any citizens who wished to address the City Council at this time. Charter Review Committee. Matters related to the Charter Review Committee including Resolution No. 2006-15 appointing members. A motion was made by Council Member Cohen, seconded by Council Member Segal, to adopt Resolution 2006-15 appointing a seven member Charter Review Committee, appointing John Neighbors as the Chair and appointing Pat Lawrence as an alternate. 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 Metro Transit Plan. Matters related to the Metro Transit Plan including Resolution No. 2006-17. Mayor Ballanfant read the caption of Resolution No. 2006-17 as follows: A Resolution supporting the Metro Solutions Transit System Plan for rail along the ?University Corridor?; and containing findings and provisions relating to the subject. Council Member Woods suggested the following modifications: Add a new paragraph between paragraphs 2 and 3 to read: ?WHEREAS, notwithstanding concerns of impact to the community immediately local to the University corridor rail alignment, decisions regarding the ultimate success of light-rail are issues of the greater metropolitan area? 3 City Council Regular and Special Session, August 14, 2006 Amend paragraph 3 to read: ?WHEREAS, the light-rail?s fundamental purpose is to connect dense urban core areas providing housing, employment, retail and educational opportunities, such light-rail along any lengthy stretch of Westpark fails to meet that objective and is therefore unlikely to get high ridership because the area is largely absent of such dense development? Amend Section 1 to read: ?The City Council formally supports the Metro Solutions Transit Plan for rail along the Richmond Avenue alignment of the University Corridor.? The City Council agreed with the modifications. A motion was made by Council Member Woods, seconded by Council Member Cohen, to approve Resolution No. 2006-15 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 Bond Election. Matters related to a Bond Election including Ordinance No. 1830. Mayor Ballanfant read the caption of Ordinance No. 1830 as follows: An ordinance of the City Council of the City of West University Place, Texas calling a Bond Election to be held within said city; and making provisions for the conduct and the giving of notice of the election; and containing other provisions relating thereto. Copies of Ordinance No. 1830, in the form proposed for adoption, were available in the Council Chambers. Tom Sage, Bond Counsel from Vinson & Elkins L.L.P., was present at the meeting to discuss the proposed Ordinance. The City Council suggested several changes to the proposed Ordinance and proposition language including the order in which the propositions would appear on the ballot and the addition of the dollar amount for the purchase of property on Pittsburg. 4 City Council Regular and Special Session, August 14, 2006 A motion was made by Council Member Woods, seconded by Council Member Yehle, to adopt Ordinance No. 1830 on the first reading 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 Sidewalk Improvement Program. Matters related to sidewalks including change orders in Projects 3 and 4. (a) Sidewalk Improvement Program Project 4. Public Works Coordinator Andrea Brinkley reported that the City of West University Place entered into a construction contract for sidewalk improvements for Sidewalk Improvement Program Project 3 on June 13, 2005 in the amount of $1,311,297.04. The project has proceeded well and is nearing completion. State law allows municipal contracts to be increased up to 25% of the original contract amount. Because of the excellent unit prices received in this contract, staff believes that it is in the best interest of the City to increase the contract amount by 25%. This increase will allow completion of additional sidewalk repairs in Priority Area 2 and will be funded by a transfer from the Metro Grant Fund, utilizing annual Metro grant funds from prior years. A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve Change Order No. 1 with Jerdon Enterprise, L.P. in Sidewalk Improvement Program Project 3 in the amount of $327,824.26 for additional sidewalks improvements, increasing the total contract amount to $1,639,121.30 and making an appropriation of $327,824.26 from account # 329-7000- 700.6620. 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 (b) Sidewalk Improvement Program Project 4. Mrs. Brinkley reported that the City of West University Place entered into a construction contract for sidewalk improvements for Sidewalk Improvement Program Project 4 on January 23, 2006 in 5 City Council Regular and Special Session, August 14, 2006 the amount of $1,240,246.10. The project has proceeded well and is approximately 50% complete. State law allows municipal contracts to be increased up to 25% of the original contract amount. Because of the excellent unit prices received in this contract, staff believes that it is in the best interest of the City to increase the contract amount by 25%. This change order increase will allow completion of sidewalk repairs in Priority Area 2 and, as needed, may be applied to other locations to fulfill the Sidewalk Master Plan. A transfer from the Metro Grant Fund, utilizing annual Metro grant funds from prior years, will fund this change order. A motion was made by Council Member Yehle, seconded by Council Member Woods, to approve Change Order No. 1 with Metro City Construction in Sidewalk Improvement Program Project 4 in the amount of $310,061.53 for additional sidewalks improvements, increasing the total contract amount to $1,550,307.63 and making an appropriation of $310,061.53 from account # 329-7000-700.6620. 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 and Special Session conducted on July 24, 2006 and Special Session conducted on August 2, 2006. A motion was made by Council Member Cohen, 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 Council Members Reports. There were not any reports given during this agenda item. City Manager Report. 6 City Council Regular and Special Session, August 14, 2006 There were not any reports given during this agenda item. 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 Woods, to adjourn the Regular Session. 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 City Council adjourned the Special Session at 7:40 p.m. 7