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HomeMy WebLinkAbout051004R CC Min CITY COUNCIL WORKSHOP AND REGULAR SESSION MONDAY, MAY 10, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on May 10, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Police Chief, Fire Captain, City Planner and Human Resources Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 6 day of May 2004 at 3:00 p.m. Workshop Session (in the Bill Watson Conference Room) Personnel Matters (Police Department) Matters related to Police Department personnel. The following members and personnel were present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, Police Chief and Human Resources Manager were present. Susan Bickley from Abrams, Scott and Bickley was also present. At this point in the meeting, the Mayor publicly announced that a closed, executive session would be held and identified the section or sections of the Open Meetings Law (Chapter 551of the Texas Government Code) under which the meeting would be held. After the announcement, the City Council conducted a closed, executive session beginning at 6:00 p.m. on the following subject: Closed Executive Session to be held under Section 551.071, Texas Government Code for consultation with attorney regarding pending or contemplated litigation, and other matters related to the above-listed subject (relating to Coleena Newman, Michael Peterson). Closed Executive Session to be held under Section 551.074, Texas Government Code regarding evaluation, employment, reassignment, duties, or discipline of an individual public officer or employee (Coleena Newman). City Council Workshop and Regular Session, May 10, 2004 After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:35 p.m. The City Council recessed the Workshop Session and convened in Regular Session in the Council Chambers. Formal Session Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Ed Burnett, 6535 Sewanee, commented that he was concerned about the width of the streets and the vehicles parked on the street across from each other. He stated that it was a safety issue because emergency vehicles could not get through. South Campus Sports Association and extension of West Belfort. Matters related to the South Campus Sports Association and the extension of West Belfort including Resolution No. 2004-06. Mayor Ballanfant read the caption of Resolution No. 2004-06 as follows: A Resolution relating to the West Belfort extension from Stella Link to Main Street. City Manager Michael Ross reported that the Resolution supports the South Campus Sports Association?s application to remove the proposed West Belfort extension from the City of Houston?s Major Thoroughfare Plan. A motion was made by Council Member Fogler, seconded by Council Member Farley, to approve Resolution No. 2004-06 as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None ?Framed area,? (calling joint public hearing). Matters related to ?framed area? including Ordinance No. 1766. Mayor Ballanfant read the caption of Ordinance No. 1766 as follows: 2 City Council Workshop and Regular Session, May 10, 2004 An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding ?framed area?; prescribing procedures and notices; imposing a temporary rule governing certain building permits and approvals; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1766, in the form proposed for adoption, were available in the council chambers. City Planner Nes Tesno reported that in 1994 the zoning ordinance was amended to regulate ?framed area,? which is the measure of the size of buildings. In most residential districts, for example, the ?framed area? of all the buildings on a site may not exceed 80% of the area of the site. Recently, there have been discussions and reviews of the current interpretation of the ?framed area? regulation and its original intent. Staff submitted a draft amendment to the ZPC, which modified it and approved a preliminary report to Council on May 4, 2004. The amendment proposed by the ZPC?s preliminary report would change the definition of ?framed area? to: (1) include space beneath enclosed building space (for example, a breezeway beneath a hallway); (2) include roofed porches, except certain porches directly facing a street. The proposed amendment would also clarify and tighten the existing definition, for example by: (a) including most areas under roof, (b) specifying how to measure height or headroom, and (c) adding definitions of ?enclosed? and ?unenclosed.? The proposed amendment would also add a special rule regarding loss of PNC status (prior-nonconforming status) for non-compliance with framed area regulations. Mrs. Tesno stated that the staff also recommends that, pending the hearing and decision on this matter, a temporary rule governing certain permits and approvals be imposed. This rule would provide that no permit or similar approval be issued for new construction or enlargement of a building if, after the work, one or more of the buildings on the building site would violate either the existing zoning ordinance or the proposed amendment. In other words, compliance with both the existing and proposed regulations would be required during the temporary period. A motion was made by Council Member Farley, seconded by Council Member Fogler, to adopt Ordinance No. 1766 calling a Joint Public Hearing on the proposed amendment to the zoning ordinance pertaining to ?framed area?, and imposing a temporary rule governing certain building permits and approvals. 3 City Council Workshop and Regular Session, May 10, 2004 A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Government aggregation project and electrical power. Matters related to the Government Aggregation Project and electrical power including a Master Power Agreement with First Choice Power. Finance Director Walter Thomas reported that West U is a member of the Government Aggregation Project (GAP), a coalition of governments formed for the purpose of purchasing electricity for its members. Other members of GAP include Missouri City, Round Rock, Wharton and five others. When GAP was created three years ago it engaged the firm of Fox, Smolen and Associates (FSA) to provide independent professional advice. FSA provides assistance with bill monitoring, contract enforcement, and resolving service issues with retail electrical providers. Since its creation, GAP has successfully negotiated two contracts for power for its members. The second contract with First Choice Power will expire on December 31, 2004. Projected trends in natural gas prices and the closely correlated price of electricity has prompted GAP to request proposals for a ?bridge contract? to cover the period from January 1, 2005 to at least June 30, 2005 when it is hoped that natural gas prices will be lower. GAP received responses to its request for power from First Choice Power and Entergy who provided proposals for six, twelve and twenty-four months of service. Mr. Walter stated that after reviewing the responses, GAP?s advisors recommend accepting a six-month proposal from our current energy provider, First Choice Power. The contract will span the period from January to June 2005, allowing for the selection of the next contract to take place in April ? May of 2005 when natural gas prices are hoped to be lower. First Choice has agreed to waive a $12 per month meter charge and proposes to provide the power for $0.0596 per KWH. Unlike the current contract, the transmission and distribution charges are not included in the rate; instead these charges will be passed through from CenterPoint. While it is difficult to say for sure because the amount of transmission and distribution charges are indefinite, filings with the Public Utility Commission indicate that the total rate will be $0.07581, a five percent increase over the rate currently in place. A motion was made by Council Member Segal, seconded by Council Member Farley, to authorize the City Manager to execute a revised and/or Master Power Agreement 4 City Council Workshop and Regular Session, May 10, 2004 , and related documents with First Choice Power for electrical Confirmation Agreement power for the period beginning January 1, 2005 and ending June 30, 2005. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Priority Area 11B. Matters related to Priority Area 11B including a change order for the replacement of two water lines on Albans Road and Nottingham Street. Assistant City Manager/Public Works Director Ron Wicker reported that Change Order Number 1 for Priority Area 11B is the replacement of two older water lines on Albans Road and Nottingham Street. The present lines were originally installed prior to 1939 and were constructed with lead joints. While the lead joints are not unsafe health wise, they do present a problem where repair and maintenance is required. These lines were not included in the original contract, because they were not posing any immediate problems. However, as they have continued to age, additional maintenance has been required. Funds are available and we have the opportunity to replace both lines while the street is being rebuilt. The engineer?s estimate for 11B was over the actual bid price by $488,234.67, therefore, funds are available. A motion was made by Council Member Woods, seconded by Council Member Segal, to authorize the City Manager to approve Change Order Number 1 in the amount of $110,086.00. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Ordinance and Personnel Matters (Public Works Department) Matters related to the Development Services and Planning Divisions of the Department of Public Works, including enforcement and interpretation of Zoning Ordinance and Code of Ordinances and related matters. Mr. Ross presented a status report on plan review and building inspections. He explained some the changes that would be taking place in the Building and Planning Divisions. 5 City Council Workshop and Regular Session, May 10, 2004 City Council minutes. Matters related to the minutes of the Regular Session conducted on April 26, 2004. A motion was made by Council Member Segal, seconded by Council Member Woods, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, streetlights and related matters. This may include report(s) from staff and reports and directives to staff from Council Members. Mr. Ross reported that there is a pre-construction meeting next week with TxDot for the city center project. He also stated that design fees to include the corner at University Boulevard and a portion of Auden Street in the project would cost no more than $8,000 and is necessary in order to submit a change order to TxDot. The City Council agreed to the design fees. Mr. Ross also reported that he had a meeting with Union Pacific regarding the construction of quiet zones. Union Pacific has volunteered to do a feasibility study and to work with the City of Houston. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Segal, to adjourn. The Council meeting adjourned at 7:08 p.m. 6