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CITY COUNCIL REGULAR AND SPECIAL SESSION
MONDAY, DECEMBER 12, 2005
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 December 12, 2005, with the following members present:
Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City
Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director,
Finance Director, Fire Chief and Assistant to the City Manager were also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
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Chapter 551, on the 8 day of December 2005 at 5:15 p.m.
Special Session
Municipal Wireless and Broadband Projects.
Matters related to municipal wireless and broadband projects.
City Manager Michael Ross presented a proposal for a Citywide WiFi feasibility study to
be performed by RedMoon Broadband and estimated costs. Mr. Ross stated that
RedMoon would perform the study at no (current) cost to the City but that if the City
wished to later use the information from the study to generate third party proposals, an
estimated fee of $5,000 plus $1,000 per square mile would be due RedMoon.
Mr. Ross commented that the Council might want to consider a random phone survey (in
addition to the study) to determine how residents might feel about switching broadband
providers or using a wireless network. The phone survey (that could be done as part of
the RedMoon study for an additional fee) would include about 400 calls and cost
approximately $6,000. If the Council is not interested in such a survey at this time, a
written survey could be conducted via City Currents or by insertions in the water bills.
The City Council agreed that they were not interested in conducting the phone survey at
this time.
A motion was made by Council Member Cohen, seconded by Council Member Woods, to
authorize the City Manager to enter into a letter agreement with RedMoon for a feasibility
study to determine the viability of a WiFi Network for West University and the terms of
which will be consistent with the December 12, 2005 memo regarding the feasibility
study but will contain language that West University would have no obligation to pay for
the study unless that information was used in a request for proposal in which case the cost
would be up to $7,000 for that study.
City Council Regular Session, December 12, 2005
Council Member Cohen amended her motion by adding a completion date of February
28, 2006. Council Member Woods seconded the amended motion.
A vote was taken on the motion and the amended motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods
and Yehle
Voting Nay: None
Absent: None
Infrastructure work in Priority Areas 9, 10, and 11B.
Matters related to infrastructure work in Priority Areas 9, 10 and 11B including
authorizing and approving an agreement with St. Paul Travelers, related contracts,
agreements, surety bonds, completion, phasing, planning, etc.
The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn
Holloway, City Attorney Jim Dougherty, Assistant City Manager/Public Works Director
Ron Wicker and Consulting Engineer Steve Ratcliff 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 Texas Government Code.
After the announcement, the City Council conducted a closed, executive session
beginning at 5:58 p.m.
After the closed, executive session, the Mayor announced, in open session, that the City
Council had concluded its closed, executive session at 6:30 p.m.
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.
This item was not considered during this meeting.
Formal Session (in the Conference Room)
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City Council Regular Session, December 12, 2005
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come
forward as their names were called.
Larry Tobin, 317 Lakeshore Drive, Taylor Lake Village, requested that the Council
support him with their vote for the Harris County Appraisal District Board of Directors.
Procedural rules.
Matters related to procedural rules for the City Council including Ordinance No. 1817.
Mayor Ballanfant read the caption of Ordinance No. 1817 as follows:
An ordinance relating to Council Rules of Procedures; amending the code of ordinances
of the City of West University Place; and containing findings and provisions relating to
the subject
Copies of Ordinance No. 1817, in the form proposed for adoption, were available in the
Council Chambers.
Council Member Woods commented that he had asked the City Attorney to prepare an
ordinance on this because the current procedural rules define that the Council can pass an
ordinance on first reading by declaring an emergency but there is no definition of what an
emergency is. He stated that it seemed appropriate to him to use the wording that was in
the Texas Open Meetings Act because it has probably been tested. Not to overwhelm the
Council with procedural burden in doing this but there should be some justifiable criteria
for declaring an emergency to avoid its use for political expediency.
Council Member Woods stated that he preferred the Base version as prepared by the City
Attorney.
After a complete discussion of this item, the Council requested the City Attorney to
change the draft ordinance of the procedural rules to include a unilateral callback
provision on an agenda item.
Parks and Recreation Board.
Matters related to the Parks and Recreation Board including Resolution No. 2005-22
appointing a member.
This item was withdrawn.
Rice Pocket Park.
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City Council Regular Session, December 12, 2005
Matters related to the Rice Pocket Park including a request for proposal and contract for a
landscape architect.
Tim O?Connor, Parks and Recreation Directorstated that in February 2005, the City
Council formed the Rice Pocket Park & Library Courtyard Task Force to develop a
Master Plan for these two municipal properties. In October 2005, the Task Force
received Statement of Qualifications from potential professional service firms to design
the improvements of those two properties. On November 28, 2005, the Task Force
forwarded their recommendation to consider White Oak Studio for the design
development of these properties.
Since that time they have negotiated the Scope of Services and Fee Schedule with Mr. Jim
Patterson, Principal with White Oak Studio, for professional services associated with this
project. Below is a summary of the Scope of Services and Development Phases:
Scope of Services Summary:
Photo-document and conduct design related analysis of each site.
Prepare site analysis diagrams for each site.
Participate in the ?public meeting? process.
Meet as needed with the Task Force and City Council.
Prepare preliminary design concepts for each site, with guidance from Task Force
and City Council.
Prepare a final schematic design, construction budget and development strategy
Development Phases:
Design Development
Construction Documents
Public Bid Process
Construction Administration
A motion was made by Council Member Cohen, seconded by Council Member Segal, to
authorize the City Manager to enter into an agreement with White Oak Studio in an
amount not to exceed $9,550 to facilitate the design development phase of the Rice
Pocket Park & Library Courtyard properties subject to the City Attorney?s review of the
contract documents.
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
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City Council Regular Session, December 12, 2005
Council Member Cohen left the meeting at 7:12 p.m.
Sidewalks.
Matters related to sidewalks including bids received December 8, 2005 and award of
contract.
Assistant City Manager/Public Works Director Ron Wicker reported that on Thursday,
December 8, 2005, the City of West University Place opened bids for the fourth phase of
the Sidewalk Improvement Program (Sidewalk Project 4). Bids were received ranging
from a low of $1,240,246.10 to a high of $1,689,840.00. The engineer?s estimate is
$1,531,386.60.
Sidewalk Project 4 will involve the repair, replacement and installation of sidewalks in
Priority Areas 1, 8, and 11A. However the contract has flexibility to install sidewalks
anywhere in the City. This contract represents the fourth sidewalk project in completing
areas identified in the Comprehensive Sidewalk Master Plan adopted by City Council in
2002, including the revisions added on October 28, 2005. This work should be
completed in one calendar year.
The City has $1.1 million left in the Sidewalk Fund for this project. Staff is requesting
the City Council to authorize the additional $140,246.10 to be paid from the Metro Grant
Fund. In 2005, the City received $259,000 for authorized projects; the remaining fund
balance will be $118,753.90.
Based on the recommendation of the project engineer, staff recommends that the bid be
awarded to Metro City Construction in the amount of $1,240,246.10; and authorize the
City Manager to appropriate $140,246.10 from the Metro Grant Fund to pay for
improvements constructed under the Sidewalk Improvement Program ? Project 4.
Mayor Ballanfant requested that the Staff prepare a report tracking the total pay out and
the source for paying out on all of the contracts for the sidewalk construction.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to
approve a contract with Metro City Construction in the amount of $1,240,246.10and
authorize the City Manager to appropriate an additional $140,246.10 from the Metro
Grant Fund to pay the short-fall from the sidewalk improvement program.
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
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City Council Regular Session, December 12, 2005
City Center Street Lights.
Matters related to City Center Street Lights including bids received December 8, 2005
and award of contract.
Mr. Wicker reported that on Thursday, December 8, 2005, the City of West University
Place received and opened bids for the City Center Street Light Installation. The City
received one bid of $125,599.
This project will involve the engineering, installation and ownership of 61 single arm and
5 double arm decorative streetlights for a total of 71 streetlights at 66 locations along
Auden Street, University Boulevard and Edloe Street, within the City of West University
Place. The City anticipates the work will be completed in three phases, with the first
phase of work being completed while the West U Elementary School is out for the
Christmas holidays.
A motion was made by Council Member Yehle, seconded by Council Member Woods, to
approve a contract with CenterPoint Energy Houston Electric in the amount not to exceed
$125,599.00 and authorize the City Manager to appropriate funds available in the
Infrastructure Replacement Fund.
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
Board of Directors of the Harris County Appraisal District.
Matters related to the Board of Directors of the Harris County Appraisal District
including Resolution No. 2005-21 casting a ballot for the election of a person to the
Board.
A motion was made by Council Member Woods, seconded by Council Member Segal, to
approve Resolution No. 2005-21 casting a ballot for Bill Harry to serve on the Board of
Directors of the Harris County Appraisal District.
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
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City Council Regular Session, December 12, 2005
City Council minutes.
Matters related to the minutes of the Regular and Special Session conducted on
November 28, Special Sessions conducted on November 29 and 30 and Regular Session
on December 5, 2005.
A motion was made by Council Member Segal, seconded by Council Member Woods, to
approve the minutes as amended.
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
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.
Mayor Ballanfant commentd that last week the fourteen multi-city Mayors met with
Frank Wilson, the Director of Metro, and other representatives. Metro reported that they
have decided to try to build an extension to the Galleria on Richmond Avenue and they
are trying to work out an accommodation with Afton Oaks as to how they are going to
handle the sections through that residential area.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Yehle, seconded by Council Member Segal, to adjourn.
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
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City Council Regular Session, December 12, 2005
The Council meeting adjourned at 7:38 p.m.
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