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HomeMy WebLinkAbout092506R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, SEPTEMBER 25, 2006 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Special and Regular Session in the Municipal Building (3800 University Blvd.) on September 25, 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, Fire Chief, Police Chief, 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 st 551, on the 21 day of September 2006 at 5:15 p.m. City finances, facilities, programs, 2006 tax rate and the 2007 Budget. Matters related to city finances, facilities, programs, 2006 tax rate and the 2007 Budget including revenues and expenditures for current and future years for all funds, and capital improvements, priorities and related programs and expenditures, including recreation facilities, parkland and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, traffic and parking and other public improvements. Finance Director Walter Thomas reported that the 2005 appraised values from the Harris County Appraisal District were $2,935,000,000 and this year the appraised values are $3,000,200,000, which is a 9% increase over the previous year. Last year?s tax rate is 43 cents (22.9 cents in the Debt Service and 20.1 cents to Maintenance and Operations (General Fund). The adjusted tax levy includes adjustments for the growth that is caused by new construction. By taking the adjusted levy and dividing it by the adjusted tax, the Staff calculated an effective tax rate of .4026 cents per $100 in valuation. This is the maximum rate that the City can levy without holding public hearings and publishing notices. The roll back rate is 41.58 cents per $100 valuation, which is the maximum rate that can be levied without triggering the possibility of a citizen referendum. Mr. Thomas stated that the Council would be asked to take a record vote on the 2006 property tax rate during the Regular Session. He suggested that the City Council adopt the higher rate because it could always be lowered at the conclusion of the budget discussions. City Council Regular Session, September 25, 2006 Conceptual Design on West U Recreation Center & Colonial Park. Matters related to the conceptual design of the West U Recreation Center & Colonial Park Pool including options for phase development. City Manager Michael Ross and Jeff Gerber of PGAL presented potential phasing options that might be used for the development of the West University Recreation Center and Colonial Park. The City Council reviewed and discussed the different options and the associated costs. The City Council adjourned the Special Session to convene in Regular Session at 6:15 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. Ramsay Elder, 2821 Tangley, opposed the appropriation of funds for public outreach relating to the Bond Election. He stated that the election funding should pay for the election and nothing else. Joe Foster, 4125 Coleridge, commented that the proposed improvements to the Recreation Center and the proposed funding were despicable. Ed James, 3739 Albans, stated that he supported the bond proposals for the improvements to the Recreation Center and Colonial Park. David Stephan, 4153 Ruskin, commented that he supported the bond issue to improve the recreation facilities and the investment in the parks. Proclamation for Fire Prevention Week. Matters related to a proclamation recognizing Fire Prevention Week for the week of October 8- 14, 2006. Steve Ralls, Fire Chief stated that every year for more than 80 years, the President of the United States has signed a proclamation for Fire Prevention Week, signaling national support of fire departments as they teach fire safety in their communities. In an effort to battle home fires they start in West University Place, the Fire Department is before taking a lead role in the NFPA?s Fire Prevention Week, October 8-14, 2006. The staff is visiting local schools and hosting activities/events at the station to provide entertaining but informative information to educate the public on fire prevention methods. These simple efforts will raise the 2 City Council Regular Session, September 25, 2006 public?s awareness of cooking fires, as well as, other key fire safety issues to prevent fires and fire related injuries. A motion was made by Council Member Woods, seconded by Council Member Segal, to thth approve the Proclamation declaring the week of October 8through October 14, 2006 as Fire Prevention Week in the City of West University Place. 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 Houston-Galveston Area Council. Matters related to the Houston-Galveston Area Council including designating a representative and an alternate to the General Assembly. A motion was made by Council Member Segal, seconded by Council Member Yehle, to appoint Council Member Woods as the representative and Mayor Pro Tem Cohen as the alternate to the General Assembly of the Houston-Galveston Area Council. 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 Record Vote on 2006 Tax Rate. Matters related to a record vote on the 2006 Tax Rate including Resolution No. 2006-20. A resolution proposing a tax rate and scheduling public hearings; and containing findings and provisions relating to the subject Mr. Thomas reported that the Council is required to take a record vote and schedule two public hearings if the intention is to raise the tax rate above the effective tax rate each year. This year the effective tax rate is 40.2 per $100. The debt service tax rate is expected to be 21.1 per $100 leaving 19.1 cents per $100 available to the General Fund (Maintenance & Operations (M&O)). The draft Budget is currently based on a combined tax rate of 40.5 (21.1 for debt and 19.4 for M&O)cents. If Council chooses to reduce the tax rate to 40.2 cents from 40.5 cents per $100, there would be approximately $70,000 in lost projected revenues. However this amount currently exists in the General Fund Reserve and could be utilized for this purpose if Council chooses. 3 City Council Regular Session, September 25, 2006 At this first stage, Council typically votes for the highest rate that it might approve later. This year the rollback tax rate is 41.58 cents, so the highest rate that Council is likely to adopt would be 41.5 cents. This action is not the adoption of the 2007 tax rate but only a record vote proposing a rate that will be used to prepare Truth in Taxation notices. The final rate will be determined when Council adopts the Budget Ordinance in a meeting currently scheduled for October 30, 2006. A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve Resolution No. 2006-20 proposing a combined ad valorem tax rate for 2006 of $41.5 cents per $100 in valuation and scheduling public hearings for October 9 and 23, 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 Buildings in Rear Yards (calling joint public hearing). Matters related to ?framed area? including Ordinance No. 1831. Mayor Ballanfant read the caption of Ordinance No. 1831 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding buildings in rear yards, etc.; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1831, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Chris Peifer reported that the Zoning Ordinance allows buildings to project into the rear yard provided the building meets the criteria established by Table 7-6, Note 3. The proposed amendment would amend Note 3 of table 7-6 to allow only detached accessory buildings to be located in rear yards or SF Bufferyards. The proposed amendment would also require minimum separations between a building in a rear yard and other buildings outside the rear yard. The minimum separations would be 7% of the building site depth (measured from main wall to main wall) and 5% of the building site depth (measured between the closest parts of the buildings). The proposed amendment allows connection of buildings by ?breezeways,? within specified limits. One of the principal purposes of the proposed amendment is building separation. Today, homes are allowed to build high, solid structures extending from the front yard area to the rear yard, 4 City Council Regular Session, September 25, 2006 encompassing not only the principal structure, but also garage areas. Requiring separation should: (1) help firefighters control house fires (particularly those originating in rear garages), (2) provide better emergency access to areas behind houses, (3) help prevent overcrowding, and (4) allow more light and air to reach rear yards and adjacent properties. Steve Brown, Chair of the Zoning and Planning Commission, commented on the proposed amendment and answered questions from the Council. The City Council discussed the proposed amendment and expressed a desire to have a council workshop on this item prior to the public hearing. A motion was made by Council Member Cohen, seconded by Council Member Woods, to adopt Ordinance #1831 proposing an amendment to the zoning ordinance in regard to buildings in rear yards and calling a Joint Public Hearing for November 13, 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 Front Porches (calling joint public hearing). Matters related to front porches including Ordinance No. 1832. Mayor Ballanfant read the caption of Ordinance No. 1832 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding front porches and related regulations; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1832, in the form proposed for adoption, were available in the Council Chambers. Mr. Peifer reported that the Zoning Ordinance allows porches to project into the front yard provided it meets the criteria established by Table 7-6, Note 1.2. The proposed amendment would add a separate limit on the height of porches that project into front yard areas. The height limit would be equal to the required depth of the front yard. The proposal would clarify that such front yard porches are only allowed on a building site in a residential district with a front yard depth of 20 feet or more. 5 City Council Regular Session, September 25, 2006 One of the principal purposes of the proposed amendment is to impose a height limit based on the size and scale of the site. The limit should help prevent overcrowding and help provide adequate light and air. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve Ordinance #1832 proposing an amendment to the zoning ordinance in regard to front porches and calling a Joint Public Hearing for November 13, 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 Election Funding and Joint Agreement. Matters related to election funding and a joint agreement including Resolution No. 2006-21. Mayor Ballanfant read the caption of Resolution No. 2006-21 as follows: A resolution of the City Council of the City of West University Place, Texas approving an election agreement between Harris County and the City of West University Place for the election to be held on November 7, 2006; and containing other provisions relating thereto. City Secretary Kaylynn Holloway reported that in August of 2006, the City Council called a joint election with Harris County to be held on November 7, 2006. The County has submitted an agreement to provide general overall supervision, advisory services and use of the County?s equipment, supplies and staff for the election. The fee for the County?s administration of the joint election is $8,173.79. This amount was determined by a percentage of the number of registered voters in each precinct. In addition, the Staff has currently spent $1,511.00 in translation fees for the adopted election ordinances. It is estimated that the Staff will spend an additional $1,600 for newspaper publications. These amounts bring the total of required election expense to approximately $11,300. The remaining balance of $3,700 would be used for public outreach relating to the election. Mr. Ross stated that the remaining balance would be used for graphics and factual information provided to the public regarding the propositions on the ballot. City Currents would also be used to send out information. Mayor Ballanfant asked the City Attorney if using city funds was legal. 6 City Council Regular Session, September 25, 2006 City Attorney Alan Petrov stated that it was legal as long as the information is educational only. The City cannot spend funds lobbying one way or the other. Mayor Ballanfant commented that he had concerns about mailing out the brochure and providing it in City Currents. He stated that people in the past have objected to political pitches being made in the City Currents in the time period after an election has been called. Putting out a brochure paid for by the City, whether it is neutral or not, will be seen as an endorsement of a particular political position. Council Member Segal made the following statement for the record: I would like to explain my position on the bond proposition to be voted on in November to my fellow Council Members as I have explained to several residents who have approached me. I recently was asked by a resident where I stand on the proposed park projects in light of ?my continued sensitivity to our rising taxes and concern that West University financial commitments are prudent and fully justified. Do I support the initiative?? After careful consideration, I responded, that I did not support the current proposals, I intend to vote no on propositions 1 and 2 in November. Although, I am clearly in favor of improving Colonial Park and developing the Recreation Center, I believe that the proposed expenditures and certain plan amenities are excessive. We cannot lose sight of the fact that additional major expenditures are in our immediate future, including an emergency operation center and improvements to our police facilities. The bond proposals reflect a 25-year investment in West U parks. I accept my share of blame and criticism for accepting the significant cost increases without further analysis and objection and for the limited time devoted by Council in a rush to meet a bond election deadline. I also intend to vote no on Proposition 3, creating a $2 million fund to be used to purchase a park in a targeted neighborhood unless I hear from residents of the targeted neighborhood that they want a park in their neighborhood. Two possible locations were identified and discussed by Council. All of the feedback was negative, the owners did not want to sell, neighbors did not want the park next to them, condemnation was not viewed as an option and to my knowledge, residents of the target neighborhood have not been urging Council to acquire a neighborhood park there. I joined in a unanimous decision of Council to place these matters on the ballot and will now vote to approve funding for the ballot initiative and for disclosure of information to citizens so that they can make their ultimate decision on this proposal, which is up to the citizens. And then as a citizen, I will vote my opinion on the ballot. Therefore, I am going to vote for making disclosures to the citizens about what is before them so everyone can make an informed decision. Council Member Yehle commented that he was also concerned about the process of getting information before the public on these matters. There is information that finds its way into the public arena that is misleading in its own right. It sensationalizes things and uses words that are anything but factual when compared to the proposal that the Council has prepared and recommended. He stated that he would support a non-biased factual presentation of the nature of the proposal that is before the voter in terms of what it is, how much it is going to cost, what the tax impacts are, and how it is going to be used. Council Member Woods agreed that the information should state what the bond proposal is for. Although the City has good paper coverage that will tell that story, it is still tainted by editorial 7 City Council Regular Session, September 25, 2006 comment adjacent to it when it appears in the paper. It is important for the bond program to be clearly identified. Mr. Ross stated that any information would be reviewed by the City Attorney before being published. Council Member Segal commented that he agreed that the information should come in the mail rather than in the City newsletter. A motion was made by Council Member Cohen, seconded by Council Member Woods, to approve Resolution No. 2006-21 approving the election agreement between Harris County and the City of West University Place in the amount of $8,173.79 and appropriating $15,000 to cover this expense and other related election expenses. Council Member Ballanfant suggested an amendment to the motion to delete the amount of funds for the public outreach program. The amendment died for lack of a second. Mayor Ballanfant called for a vote on the original motion. 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 Session conducted on September 25, 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 Reports. 8 City Council Regular Session, September 25, 2006 There were not any reports given during this agenda item. Staff Report. Mr. Ross reminded everyone about the ceremony for the re-opening of the library. 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 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 Regular Session at 7:16 p.m. 9