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HomeMy WebLinkAbout071204R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JULY 12, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on July 12, 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, Finance Director and Fire Chief were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 8 day of July 2004 at 5:50 p.m. Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Cynthia Scott, 4025 Amerst, encouraged the Council to support the proposed changes to the zoning ordinance as presented by the Zoning and Planning Commission. Gas Rates and Service. Matters related to gas rates and service and CenterPoint Energy Entex, a division of CenterPoint Energy Resources, Corp., including a public hearing, gas rates, terms of service and related matters and including Ordinance No. 1768. Mayor Ballanfant read the caption of Ordinance No. 1768 as follows: An ordinance relating to gas service and CenterPoint Energy Entex, a division of CenterPoint Energy Resources Corp.; establishing rates and terms of service; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1768, in the form proposed for adoption, were available in the Council Chambers. Council Member Farley filed an affidavit declaring debt and equity holdings in excess of $15,000 in CenterPoint Energy Entex with the City Secretary and did not participate in the discussion or vote of this item. City Manager Michael Ross reported that in December 2003, CenterPoint Energy Entex, a division of CenterPoint Energy Resources Corp., (?Entex?) filed a Statement of Intent City Council Regular Session, July 12, 2004 to change gas rates in the Harris, Montgomery and Fort Bend County area. The City and other municipalities in the area suspended the proposed rates and formed a coalition to analyze them. The suspension period has been extended to August 1, 2004. Coalition rate analysts examined the application and identified several issues, including: (i) effect on different cities and rate design, (ii) the late payment penalty and (iii) the awkward procedure resulting from the ?two-step? filing (Entex filed with the City of Houston first, and?after reaching a settlement with Houston?Entex filed with the other municipalities. The Houston settlement included an increase in the base rate of about $1.00 per month for residential customers, $2.85 for small commercial customers.) Coalition cities have followed different paths. Some dropped out. Cities in Montgomery County negotiated a special transitional ordinance, recognizing that gas rates in that area were historically much different from the rest of the service area. Last Monday night, Missouri City adopted a rate ordinance approving the Houston rates, but also: (i) lengthening the time to pay without incurring a penalty from 10 days to 15 days, and (ii) requiring Entex to file simultaneous with all municipalities (for the next rate case). Mr. Ross stated that the attached ordinance generally follows the Missouri City approach. It clarifies the surcharge for rate case expenses. As clarified, the surcharge for the average customer would be less than a dollar, spread over the consumption charges (not the base rates) for six months. City Attorney Jim Dougherty reported that the Entex staff agreed that within 30 days following the effective date of this ordinance, the Company would file revised tariff sheets to comply with the ordinance. This amendment has been added to the ordinance for the Council?s consideration. Council Member Segal asked when the rates would take effect. Mr. Dougherty stated that the rates would apply for bills rendered on and after the effective date of this ordinance, which would be July 26, 2004. Chuck Harder, the Executive Director of Rates and Regulatory for CenterPoint Energy Entex explained the company?s legal obligation. No residents requested to speak on this subject. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1768 as amended in Section 6 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods 2 City Council Regular Session, July 12, 2004 Voting Nay: None Absent: None City Center pedestrian enhancement project ? Budget Amendment. Matters related to the City Center pedestrian enhancement project including Ordinance No. 1769 Mayor Ballanfant read the caption of Ordinance No. 1769 as follows: An ordinance amending the Budget of the City of West University Place, Texas for the fiscal year beginning January 1, 2004 and ending December 31, 2004; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1769, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that in the Council Workshop held on June 28, 2004, Council authorized staff to negotiate with the state contractor for additional work in th the City Center area. Subsequent to the June 28 Council meeting TxDOT advised that the City should separate the additions for improvements to Auden Street from the defined limits of their contract. To do this required a rework of the previous estimates and how the cost would be divided. The areas affected resulted in a reduction in the street light conduit cost for matching funds and an increase in the replacement of sidewalk near the West U Little League field. All extra work pertaining to Auden Street improvements will be handled directly between the contractor and the City; however the City will utilize the TxDOT bid items as a basis for negotiation. Through preliminary discussions with the contractor, this extra work estimate is $185,750. Mr. Ross reported that it was just recently brought to Staff?s attention that TxDot is adding a fee of their own for additional administrative duties that they are providing by extending the contract time with Auden Street. He requested that the budget amendment be kept at $200,000 to absorb any TxDot fee. Mr. Ross stated that the fee is 20%. The Staff feels this fee is high and is currently protesting. The City Council discussed bidding this portion of the project separately from TxDot. They requested that the Staff continue to negotiate with TxDot and the current contractor to keep the price of the project under $200,000. A motion was made by Council Member Farley, seconded by Council Member Fogler, to adopt Ordinance No. 1769 on the first and final reading with an amendment to change the budget amount to $200,000 for change orders 1, 2 and 3 as presented. A vote was taken on the motion with the following result: 3 City Council Regular Session, July 12, 2004 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None City Center pedestrian enhancement project ? Conduit Installation for Utility Lines on Edloe Street. Matters related to the City Center pedestrian enhancement project including authorization for the City to pay $6,550 to install conduit lines under Edloe Street and allow Southwestern Bell Telephone Company and CenterPoint Energy to utilize the City?s conduit for their lines. Council Member Farley filed an affidavit declaring debt and equity holdings in excess of $15,000 in CenterPoint Energy Entex with the City Secretary and did not participate in the discussion or vote of this item. Mr. Ross requested that the Staff be allowed to pay a contractor to put conduit lines under Edloe and then allow CenterPoint Energy to place their power lines and Southwestern Bell to place their lines in the conduit in order to remove all of the overhead lines and poles along Edloe and crossing Edloe. He stated that HISD intends to pay their portion, $750.00, to install the lines underground all the way to the school. A motion was made by Council Member Woods to authorize the City Manager to pay $6,550 for PVC conduit and allow Southwestern Bell Telephone Co. and CenterPoint Energy to utilize conduit to eliminate overhead wires over Edloe. Council Member Segal offered the following amendment to the motion ?to find and determine that such expenditure will provide for construction and improvement of City sidewalks and related street improvements as authorized by the voters and to require the companies to relocate underground and to expedite installation of their lines within the next 30 days.? Council Member Woods accepted the amended motion and Council Member Segal seconded the amended motion. A vote was taken on the amended motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: None ?Framed area.? 4 City Council Regular Session, July 12, 2004 Matters related to ?framed area? including Ordinance No. 1770. Mayor Ballanfant read the caption of Ordinance No. 1770 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas, regarding ?framed area?; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1770, 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?. This ordinance limited framed area to 80% of the square footage of the lot. Recently there has been extensive discussions and review of the current interpretation of the ?framed area? regulation and its original intent. Since the Zoning & Planning Commission is in the midst of intensive review and development of regulations concerning ?framed area?, it was determined that it was necessary to develop an amendment to clarify and tighten these rules until such time that the ZPC completes its comprehensive study. Staff submitted draft amendments to the ZPC and a preliminary report to Council was approved on May 4, 2004. City Council set a public hearing for June 14, 2004 and also set a temporary rule governing certain permits and approvals. ZPC reviewed the proposed amendment in a special meeting June 24, 2004. At that time they discussed possible alternatives and public comments. ZPC voted to send a Final Report of the revised ordinance amendment to City Council. Mrs. Tesno stated that the proposed amendment would change the definition of ?framed area? to include all area under a solid fixed roof except for some areas such as attics with less than 7?of possible height, area underneath eaves and other such areas if completely open to outdoors, unenclosed porch space facing a front or side street, crawl space, unenclosed breezeway with certain conditions and space for recessed entry ways (door and garage) if less than 100 square feet each not to exceed 200 feet total. The proposed amendment would clarify and tighten the existing definition, for example, by: (a) specifying how to measure height or headroom, and (b) 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. The Zoning & Planning Commission also discussed effective date for committed work and work under construction and believes that it should be based on the final publication date. The effective date would be August 7, 2004. Council Member Woods commented that if the proposed ordinance is intended to regulate bulk houses and not square footage than why would attic space over 7 feet be counted. 5 City Council Regular Session, July 12, 2004 Council Member Fogler asked why two story ceilings without floor space on the second floor were not being counted. Mrs. Tesno stated that the ZPC would be considering in the future other regulations that would help to eliminate bulk. Les Albin, 3817 Southwestern, addressed the council regarding the proposed amendment. Council Member Fogler inquired about the 90-day limitation and the effective date of the ordinance. Mr. Dougherty explained that during the ZPC meeting, a few residents came forward and explained that the 90-day limitation and proposed amendments created a hardship because they were already in the process of having their plans approved and permitted. With the recent recommended change made by the ZPC, a person who purchased their property 90 days before the effective date might qualify for prior non-conformance status. Mr. Dougherty pointed out that the resident would still be building a non-conforming structure. Council Member Segal commented that the Council had requested that the ZPC review the ?framed area? and that they did an excellent job in their review and proposals. A motion was made by Council Member Fogler, seconded by Council Member Segal, to approve Ordinance No. 1770 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Abstain: Mayor Ballanfant Sidewalk improvement program project 2. Matters related to the sidewalk improvement program project 2 including bids received June 16, 2004 and award. Assistant City Manager/Public Works Director Ron Wicker reported that on Wednesday June 16, 2004, the City of West University Place received and opened bids for the second phase of the Sidewalk Improvement Program - Project 2. Five bids were received ranging from a low of $839,235.00 to a high of $954,575.00. Sidewalk Project 2 will involve repair and replacement of sidewalks in Priority areas 2 and 3. The contract is structured so that work may be done in other areas of the city as funds and needs exist. Sidewalk Project 2 represents the second sidewalk project in completing areas identified 6 City Council Regular Session, July 12, 2004 in the Comprehensive Sidewalk Master Plan adopted by the City Council in 2002. This work, as bid, is anticipated to be complete in one calendar year. The City Council discussed negotiations of line items after the approval of the contract. Council Member Woods requested that the Staff consider taking competitive sealed proposals in the future. A motion was made by Council Member Fogler, seconded by Council Member Woods, to approve a contract with Southern Customs, Inc. in the amount of $839,235.00 for the sidewalk project 2. 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 Rescheduling City Council meeting. Matters related to rescheduling a City Council regular session meeting in August 2004. A motion was made by Council Member Segal, seconded by Council Member Fogler, to change the council meeting date from August 9 to August 16, 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 Water and sewer rates. Matters related to water and sewer rates including revenues, fees and charges and rate increase. Mr. Thomas reported that recently the City received notice from the City of Houston announcing increases in the charges and terms for contract treated water. On average the monthly amount billed increased 22% from $71 thousand to $87 thousand, increasing the total cost of bulk water by $194 thousand. Since the Water and Sewer Fund has been under financial pressure due to dramatic increases in debt service requirements, it is necessary that this amount be passed through 7 City Council Regular Session, July 12, 2004 to the customer. To accomplish this, a rate increase of approximately five percent will be required. Additionally, the Black and Veatch Water Rate Study, completed last year recommends a 12% increase in rates to take effect in 2005. This rate increase was recommended to maintain the Water and Sewer Fund?s financial position and to provide funding for capital needs. The 2005 Budget Process was to have provided the forum for discussion of this planned rate increase, but Council may want to consider combining the two rate increases into a single ordinance to be enacted with other budget ordinances and an effective date in November 2004. The City Council expressed concern that the City of Houston?s increased rates have already been passed to West University Place and that this rate should be passed to the consumer as soon as possible. After discussion of this item, the City Council requested that the Staff prepare an ordinance with a 7% increase to be effective by August 1, 2004 and a second ordinance at the end of the year. City Council minutes. Matters related to the minutes of the Regular Session conducted on June 28, 2004. A motion was made by Council Member Fogler, 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, City of Houston Water Rate Increase, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, Cason Street entrance to the West University Recreation Center, 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 commented that he had a meeting with Art Storey and the Small-City Mayors and was informed that Metro would not be funding as much money for future 8 City Council Regular Session, July 12, 2004 projects. An issue was also raised at that meeting about getting a flooding contract in front of the County Commissioners and Mr. Storey indicated that he would help. Mayor Ballanfant also reported that he and Mayor Rothfelder of Southside Place met with the designated representatives from Mayor White?s office and encouraged them to participate in the drainage issues and also expressed concern over the Kirby Drive construction project. 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 Farley, to adjourn. The Council meeting adjourned at 7:52 p.m. 9