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HomeMy WebLinkAbout121106R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, DECEMBER 11, 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 December 11, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal and Yehle. The City Manager, City Secretary, City Attorney, Finance Director, Police Chief, Parks and Recreation Director, Executive Director and Assistant to the City Manager were also present. Council Member Woods was absent. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 7 day of December 2006 at 5:00 p.m. Special Session Charter Review Committee. Matters related to the Charter Review Committee including a final report on the Home Rule Charter and proposed changes. John Neighbors, Chair of the Charter Review Committee, presented the final report from the Charter Review Committee. The recommended changes to the Charter include revisions of: 1. Section 2.09, to permit meetings of City Council in places outside the Meetings of Council, city limits of West University Place but within Harris County. 2. Section 2.05, , to fill vacancies in the office of mayor and/or council members by a Vacancies majority vote of the remaining City Council members, with such appointment to serve until the next regular election. Any person appointed to the Council under this provision shall meet all qualifications to serve as a Council Member under Section 2.02. 3. Section 6.01, to allow the City City Manager: Appointment, Removal and Compensation, Manager, with Council approval, to appoint Assistant City Managers. 4 . Section 5.05, to allow for 'up to four alternate' Zoning Board of Adjustment: Composition, members be appointed. 5. Section 3.06, to remove reference to 'poll list' in determining Petitions, Qualified Voters, Etc., qualified voters of the City. City Council Regular and Special Session, December 11, 2006 6. Several sections of the Charter to bring them into compliance with changes in State Law made since the last charter review. Mr. Neighbors commented that the members of the Committee did not believe any major changes to the Charter were either needed or desirable. Each item was reviewed separately and examined on the basis of compelling reason for change. The Committee received excellent suggestions and comments from individual council members and the mayor. The City Council discussed the proposed changes and made further recommendations and modifications. They requested that the City Attorney submit a draft of the propositions, as they would appear on the ballot. Friends of West University Place Parks Fund Board. Matters related to the Friends of West University Place Parks Fund Board including interview of Judy Bouillion. The City Council interviewed Judy Bouillion for a volunteer position on the Friends of West University Place Parks Fund Board. West University Place Recreation Center and Colonial Park. Matters related to the West University Place Recreation Center and Colonial Park including plans for the redevelopment of both. Parks and Recreation Director Tim O?Connor reported that on November 27, 2006, Council directed the Parks Board to prepare a scope-of-work and a tentative timeline for the re- development of Colonial Park and the West University Recreation Center, to solicit Request for Qualifications (RFQ?s) from parks and recreation planning firms. The Parks Board formed a committee of the following members to draft the recommended scope of work & timeline: Dave Stephan, Janine Schueppert, Paul Brace and Laura Theis. Janine Schueppert and Paul Brace were present at the meeting and submitted the scope of work and timeline. They requested that the Parks Board be allowed to talk to a firm with real world experience with a wide variety of amenities and take that information and incorporate it into a mail-out survey. This collection of data from the survey would allow them to get a connection between what residents see and want. Council Member Yehle stated that he had numerous concerns about surveys because they tend to give you what you are looking for if you do not structure the questions just right. He also st commented that the timeline, as presented, did not allow for a May 1 deadline of some detail of site development information. 2 City Council Regular and Special Session, December 11, 2006 Council Member Segal presented revisions to the development of Colonial Park and the amount of the bond issue. He stated that in looking at the major costs of the bond issue and by eliminating the partially removable roof and the permanent building supporting it, the cost is reduced by 3.2 million dollars and still allows for a $500,000 year-round pool cover. Additionally, if the estimated costs for fees, design contingencies and soft costs attributable to the reduced construction costs are reduced and excluding the cost of land and the cost for the tennis courts planned for the Recreation Center, the same amenities could be developed at Colonial Park with a bond proposal of approximately 6.2 million dollars. Council Member Cohen commented that she was not convinced that the Council had enough input from the community as to why the bond issue did not pass. Mrs. Schueppert commented that if the Council takes the same general concept and just lowers the price then the public is going to be skeptical about the process. The process is an important step in gaining support and having a business plan. Mayor Ballanfant suggested that choices be explored from talking to other groups and entities like the City of Bellaire and the YMCA. The City Council recessed the Special Session at 6:35 p.m. to convene in Regular Session. Formal Session Citizen Comments. There were not any citizens who wished to address the City Council at this time. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2006-23 appointing a member to the Board. Mr. O?Connor reported that Friends would like Council to consider appointing Judy Bouillion as a member of the Board of Directors of the Friends of West University Place Parks Fund, Inc. Ms. Bouillion?s credentials, as outlined on her application, are commendable and they believe she will be a tremendous asset to the Board. Pending Council?s appointment, Ms. Bouillion has agreed to serve in the capacity of Secretary for the Board of Directors A motion was made by Council Member Segal, seconded by Council Member Yehle, to adopt Resolution No. 2006-23 appointing Judy Bouillion to the Friends of West University Place Parks Fund Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle 3 City Council Regular and Special Session, December 11, 2006 Voting Nay: None Absent: Council Member Woods The motion passed 4-0. Parks and Recreation Board. Matters related to the Parks and Recreation Board including the appointment of a new Board Member and the appointment of a Chair Person and also including Resolution No. 2006-24. Mr. O?Connor reported that the current Parks Board Chairman, Dave Stephan, has tendered his resignation from the Board, effective December 31, 2006. Dave and his family are relocating to London England. Dave serves in the capacity of Chairman of the Parks Board, so his departure will involve two (2) actions by City Council. The first is to fill the vacancy on the Board and second to appoint a new chairperson for the Parks Board. A motion was made by Council Member Cohen, seconded by Council Member Segal, to approve Resolution No. 2006-24 appointing Russ Schulze to the Parks and Recreation Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. A motion was made by Council Member Segal, seconded by Council Member Yehle, to appoint Russ Schulze as Chair of the Parks and Recreation Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. CenterPoint Energy Franchise Agreement. Matters related to a CenterPoint Energy Franchise Agreement with the City of West University Place including Ordinance No. 1839. 4 City Council Regular and Special Session, December 11, 2006 Mayor Ballanfant read the caption of Ordinance No. 1839 as follows: An ordinance granting to CenterPoint Energy Houston Electric, LLC the right, privilege and franchise to use the public rights-of-way and to use, license, or exploit the Company?s facilities within the public rights-of-way to conduct an electric delivery business in the City and for such other business purposes as the company may desire from time to time, specifically including, but not limited to, the granting of access to those facilities for the delivery of broadband over power lines or similar service within the City of West University Place, Texas. Copies of Ordinance No. 1839, in the form proposed for adoption, were available in the Council Chambers. City Manager Michael Ross reported that the City current franchise with CenterPoint expires on March 15, 2008 and they are currently offering early renewals to all cities as part of their system- wide settlement of their most recent rate case. The City believes this early renewal is a benefit to the City and a way to minimize legal cost associated with franchise renewals. This franchise amends the prior agreement and extends the term by 25 years to March 15, 2033. Tim Sbrusch of CenterPoint Energy was present at the meeting to answer questions concerning the franchise renewal. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to adopt Ordinance No. 1839 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. Special events and permit for sale or consumption of alcohol . Matters related to permits for sale or consumption of alcoholic beverages during special events including Ordinance No. 1838. Mayor Ballanfant read the caption of Ordinance No. 1838 as follows: An ordinance of the City of West University Place, Texas amending Chapter 10, Alcoholic Beverages, of the West University Place Code of Ordinances, by amending Section 10-10, entitled Consumption in Public Places, authorizing the City Manager or his designee to grant special permits for the sale and/or consumption of alcoholic beverages in public places; and containing findings and provisions relating to the subject. 5 City Council Regular and Special Session, December 11, 2006 Copies of Ordinance No. 1838, in the form proposed for adoption, were available in the Council Chambers. Parks and Recreation Director Tim O?Connor reported that over the years, the City has received requests from groups to allow the sale, distribution and consumption of alcoholic beverages in public places. Some events that have been identified as candidates for the Special Permits are the Party on the Patio Summer Concert Series and Music Under the Stars Outdoor Classical Concert Series. The Special Permit Application Form and Rules require applicants to: 1. Abide by the laws of the State of Texas regarding the sale, consumption, or distribution of alcoholic beverages, including without limitation, those laws prohibiting the consumption of alcoholic beverages by persons under 21 years of age; 2. Provide that certified law enforcement officers be on duty during the special event; and 3. Agree to indemnify the City from any and all liability associated with the sale, consumption, or distribution of alcoholic beverages in the public place during the duration of the special permit. Council Member Segal commented that he had numerous issues with the ordinance and that he would not support the proposed amendments. After discussion of this item, the Council agreed to table this item. Elevated Water Storage Tank Rehabilitation Project. Matters related to the rehabilitation of the elevated water storage tank located at 3737 Bellaire Boulevard including acceptance of work and authorization of final payment to Utility Service Company, Inc. in the amount of $284,650.00. Chris Peifer, Assistant City Manager/Public Works Director reported that the Contractor, Utility Service Company, has completed the renovation in a professional manner consistent with the contract specifications. The project engineer, Jimmy Dunham, has completed inspection and has received the final invoice. This includes a minor change order to repair defects not revealed until sand blasting of the interior of the tank was performed. A motion was made by Council Member Yehle, seconded by Council Member Segal to accept the completed project and authorize the final payment to Utility Service Company, Inc. in the amount of $284,650.00 including Change Order #1 in the amount of $4,650.00. A vote was taken on the motion with the following result: 6 City Council Regular and Special Session, December 11, 2006 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. Cable Television Franchise Management Services. Matters related to a cable television franchise management service including an agreement between the City of West University Place and Local Government Services, LLC to provide regulation and oversight of cable television services being provided to citizens. Finance Director Walter Thomas reported that Local Government Services, LLC (LGS) has proposed to assist the City in performing a review of Time Warner?s compliance with the former Cable Television Franchise Ordinance and the franchise tax fee payments under the state issued franchise. The review will include coding tests to determine if City streets are correctly coded in Time Warner?s billing database. The cost of this service is as follows: 1. $6,666 for assistance in performing the review. $3,333 on initiation of the contract and $3,333 on completion of the review. 2. A ?not to exceed? allowance of $1,000 for travel expenses. 3. $3,334 to be paid from the recovery of findings of the review. If there were no findings this final payment would be waived. LGS has had considerable success in recovering Cable TV franchise fee payments. The cities of Helotes, Harker Heights, Buda and Yoakum all recovered significant amounts from Time Warner. Staff contacted these Cities and all spoke highly of the service provided by LGS. A motion was made by Council Member Segal, seconded by Council Member Cohen, to authorize a review of Time Warner?s compliance with franchise ordinances and authorize the City Manager to enter into an agreement with Local Government Services, LLC to provide assistance with that review for an amount not to exceed $11,000. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. City Council minutes. 7 City Council Regular and Special Session, December 11, 2006 Matters related to the minutes of the Regular and Special Session conducted on November 27, 2006 and Regular Session conducted on December 4, 2006. A motion was made by Council Member Yehle, seconded by Council Member Cohen, to approve the minutes of November 27, 2006 as amended and the minutes of December 4, 2006 as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. Council Reports. There were not any reports given at this time. City Manager Report. There were not any reports given at this time. Adjournment. A motion was made by Council Member Cohen, seconded by Council Member Segal, to adjourn the Regular Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: None Absent: Council Member Woods The motion passed 4-0. The City Council adjourned the Regular Session at 7:15 p.m. and reconvened in Special Session. Special Session continued. The City Council continued their discussion of the West University Recreation Center and Colonial Park. Russ Schulze was present at the meeting and spoke to the Council about moving forward with the development of the parks. 8 City Council Regular and Special Session, December 11, 2006 The City Council agreed, subject to approval of the RFQ, to allow the Parks and Recreation Board to interview planning consultants and bring back a recommendation and cost estimate for engaging the consultant selected. Park Property. Matters related to the purchase, exchange, lease or value of real property for park purposes. Discussions will include, but are not limited to, 3301 Georgetown. The City Council discussed the acquisition of land for park property including the purchase of 3301 Georgetown. No action was taken on this agenda item. 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 Assistant City Manager/Public Works Director Chris Peifer 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 7:30 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 7:45 p.m. City Manager. Matters related to the evaluation and duties of a public officer or employee. 9 City Council Regular and Special Session, December 11, 2006 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 551.074 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 7:45 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:25 p.m. Adjournment. With no further business to come before the City Council at this time, the Special Session adjourned at 8:26 p.m. 10