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HomeMy WebLinkAbout082806R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, AUGUST 28, 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 August 28, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Finance Director, Assistant City Manager/Public Works 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, Chapter 551, on the 25th day of August 2006 at 3:30 p.m. Special Session 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 proposed retractable roof for the new pool at Colonial Park. 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. City Council Regular and Special Session, August 28, 2006 After the announcement, the City Council conducted a closed, executive session beginning at 5:55 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. Park property. Matters related to the purchase, exchange, lease or value of real property for park purposes including, but not limited to, property located at the West end of Pittsburg at Poor Farm Ditch and property located at the North East corner of the intersection of Sewanee and Robinhood. 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 6:25 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:40 p.m. The City Council adjourned the Special Session at 6:41 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. Cliff Ownby, 3615 Pittsburg, asked that the City not use condemnation as a means to purchase his property and submitted a letter to that effect. Westpark Property Lease. Matters related to a lease agreement with Goode Company Restaurant, Inc. for the leasing of the City?s (non-recycling center) Westpark Property. 2 City Council Regular and Special Session, August 28, 2006 City Manager Michael Ross reported that over the last few months, the City has been negotiating with Goode Company, Inc. regarding their current and future lease of the City?s Westpark property (adjacent to the recycling facility). The City?s real estate attorney, Rick Spencer, prepared the lease agreement with input from Marshall Clinkscales, the City?s real estate broker. The City Attorney has reviewed and approved the lease agreement. The basic terms under the lease agreement will be a seven-year term with a 3% inflationary cost adjustment each year. The Tenant would be guaranteed 3 years, after which the City could cancel the lease upon 12 months notice. There is not a holdover provision to allow continued use once the agreement expires. Below is the base rent for the property: Year1234567 Mos. Rent:$4,080.00$4,202.40$4,328.47$4,458.33$4,592.08$4,729.84$4,871.74 Mos. Increase$122.40$126.07$129.86$133.75$137.76$141.90 % Increase3.0%3.0%3.0%3.0%3.0%3.0% A motion was made by Council Member Segal, seconded by Council Member Yehle, to authorize the City Manager to negotiate and execute a lease agreement with Goode Company Restaurant. 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 Park Property. Matters related to the purchase, exchange, lease or value of real property for park purposes including, but not limited to, property located at the West end of Pittsburg at Poor Farm Ditch and property located at the North East corner of the intersection of Sewanee and Robinhood. This item was not discussed during the Regular Session. 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. 3 City Council Regular and Special Session, August 28, 2006 Copies of Ordinance No. 1830, in the form proposed for adoption, were available in the Council Chambers. Frank McCreary, Bond Counsel from Vinson & Elkins L.L.P., was present at the meeting to discuss the proposed Ordinance. The City Council agreed to the following underlined changes to the ballot language for Proposition One: THE ISSUANCE OF $12,600,000 BONDS FOR AQUATIC FACILITIES AND IMPROVEMENTS AT COLONIAL PARK AND ACQUISITION OF PROPERTY ADJACENT TO THE WEST UNIVERSITY PLACE RECREATION CENTER FOR TENNIS FACILITIES AND OTHER USES The full text of Proposition One was changed as follows: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $12,600,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF PARK IMPROVEMENTS, INCLUDING AQUATIC FACILITIES AND IMPROVEMENTS AT COLONIAL PARK AND THE PURCHASE OF SITES ADJACENT TO THE WEST UNIVERSITY PLACE RECREATION CENTER FOR TENNIS FACILITIES AND OTHER USES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES, AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? The ballot language and full text for Proposition Two was changed to reflect ?Recreation Center? instead of ?Recreational Center?. A motion was made by Council Member Segal, seconded by Council Member Cohen, to drop Proposition Three and Four from the ballot. Council Member Woods requested that the Propositions be considered separately. An amended motion was made by Council Member Segal, seconded by Council Member Cohen, to drop Proposition Three from the ballot. 4 City Council Regular and Special Session, August 28, 2006 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. A motion was made by Council Member Segal, seconded by Council Member Cohen, to drop Proposition Four from the ballot. Council Member Woods commented that he thought Proposition Four should be retained on the ballot but be modified to say the money would not be utilized to take land by eminent domain. The intent of putting the pool of money aside was so that the Council could be opportunistic when land became available and could be acquired in short order. Council Member Yehle stated that he would agree that the intent is to be able to procure land but he would not be interested in putting a restriction on the ballot. Mayor Ballanfant called for a vote. A vote was taken on the motion with the following result: Voting Aye: Council Members Cohen and Segal Voting Nay: Mayor Ballanfant, Council Members Woods and Yehle Absent: None The motion failed 3-2. A motion was made by Council Member Woods to amend Proposition Four to state that the money would not be utilized to take land by eminent domain. The motion failed for lack of a second. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to adopt Ordinance No. 1830, with the amended language as discussed for Propositions One and Two, the elimination of Proposition Three and the elevation of Proposition Four to the position of Proposition Three. A motion was made by Council Member Segal to amend Proposition One to change the amount of the Bond issue to $10,500,000. This motion died for a lack of a second. Mayor Ballanfant called for a vote on the original motion. 5 City Council Regular and Special Session, August 28, 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 The motion passed 5-0. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on August 14, 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 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. City Manager Michael Ross introduced the new Assistant City Manager/Public Works Director Chris Peifer. Council Member Woods asked the City Manager to provide the Council with an updated report on the Kirby Drive 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 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 6 City Council Regular and Special Session, August 28, 2006 Voting Nay: None Absent: None The City Council adjourned the Regular Session at 7:05 p.m. 7