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HomeMy WebLinkAbout072604R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JULY 26, 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 26, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Fogler and Woods. The City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Police Chief, City Planner and Public Works Coordinator were also present. Council Member Farley was absent. The notice for this meeting was posted in accordance with the Texas Government Code, rd Chapter 551, on the 23 day of July 2004 at 4:00 p.m. Deputy Court Clerk. Matters related to a Deputy Court Clerk including Resolution No. 2004-09. Mayor Ballanfant read the caption of Resolution No. 2004-09 as follows: A resolution appointing Jenili Tham as a Deputy Court Clerk for the City of West University Place, Texas; and containing findings and provisions relating to the subject. Finance Director Walter Thomas reported that the City routinely appoints dispatchers as Deputy Court Clerks so that they can sign complaints, which saves overtime for police officers. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Resolution No. 2004-09. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley 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. City Council Regular Session, July 26, 2004 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. City Attorney Jim Dougherty reported that Ordinance No. 1768 sets the final rate from Entex, extends the time that customers can pay without having a penalty and requires that the utility company file simultaneously with all the cities when there is another rate case. Council Member Woods asked if the final report substantiated the claims from Entex that the rates were justified. Mr. Dougherty stated that in the final analysis by the coalition the numbers were justified but it was more of a question of the rate design whether to get it in the base or the consumption. Entex had put most of the increase in the base and all the other coalition members have gone with the base rate approach. Council Member Woods asked how they justified West University?s rate being the same as in an area where they have to invest more capital. Mr. Dougherty commented that he thought that Entex, as a rate making principal, has pooled most of the costs and not differentially tried to determine costs for each community. They are trying to move toward a single rate for the whole metropolitan area. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1768 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler Voting Nay: None Absent: Council Member Farley Abstain: Council Member Woods The motion passed. ?Framed area.? Matters related to ?framed area? including Ordinance No. 1770. 2 City Council Regular Session, July 26, 2004 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 Ordinance No. 1770 was passed on first reading and the staff is now recommending that it be passed on second reading. After discussion of this item, the City Council agreed that the amendment to the definition of ?framed area? should include a statement so that the exceptions are clarified and not open to interpretation. The following statement will be included in the definition of framed area under (vi): The foregoing exceptions shall be strictly construed and applied to the defined spaces only. A motion was made by Council Member Woods, seconded by Council Member Fogler, to approve the amendment as stated above. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley Abstain: Mayor Ballanfant A motion was made by Council Member Fogler, seconded by Council Member Woods, to approve Ordinance No. 1770 as amended on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley Abstain: Mayor Ballanfant The motion passed. 3 City Council Regular Session, July 26, 2004 Water and sewer rates. Matters related to water and sewer rates including Ordinance No. 1771. Mayor Ballanfant read the caption of Ordinance No. 1771 as follows: An ordinance relating to water and sewer rates; amending the code of ordinances of the City of West University Place, Texas; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1771, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas stated 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 increased debt service requirements, it is necessary that this amount be passed through to the customer. To accomplish this, a rate increase of approximately seven percent will be required. At the July 12, 2004 Council Meeting, City Council directed staff to prepare an ordinance to increase water and sewer revenues by seven percent for a first and final reading during the July 26, 2004 meeting. Since the increase impacted only the cost of water service and because some customers are water service customers only, staff limited the fee increase to water service. Ordinance No. 1771-A proposes to increase water fees by ten percent and leaves sewer rates as they are. All other factors being equal, the impact of this increase would increase total water and sewer revenue by seven percent. An alternative version of the ordinance has been prepared. This version would increase all water and sewer rates seven percent. Mr. Thomas stated that the Staff recommends that City Council adopt Ordinance 1771-A proposing to increase water fees by ten percent and leave sewer rates as they are. The City Council asked questions regarding the effective date. They agreed that Section 2 of Ordinance No. 1771-A should be amended to delete ?water or sewer bill rendered? and by adding ?billing period beginning on or after the Effective Date? A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1771-A as amended on the first and final reading. A vote was taken on the motion with the following result: 4 City Council Regular Session, July 26, 2004 Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley Trees and Urban Forestry. Matters related to Trees and Urban Forestry including the Criteria Manual and Tree Trust and also including Ordinance No. 1772. Mayor Ballanfant read the caption of Ordinance No. 1772 as follows: An ordinance relating to trees and urban forestry; amending chapter 22 of the Code of Ordinances of the City of West University Place, Texas and the criteria manual referred to therein; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1772, in the form proposed for adoption, were available in the Council Chambers. Mrs. Tesno reported that in 1992 The City of West University Place enacted the Urban Forest Preservation and Enhancement Ordinance. This ordinance regulates the protection and the removal of trees. Upon application, a tree is evaluated and applicants are informed of the number of diameter inches they are required to replace. Their options are to plant the required inches, plant trees elsewhere in the City or donate to the West University Tree Trust. Replacement trees must be a minimum of a 2? in diameter, and at least 75% of the inches must be trees that are on the qualified tree list. City Council directed staff to review and develop recommended amendments to Chapter 22 to benefit West U?s urban forest. The following changes are proposed: Change replacement requirements: Require a larger tree to be planted when healthy 1. trees are removed.When a tree or trees is/are removed, then the applicant is required to include in those replacement inches at least one 4? diameter (or 100 gallon) tree for every 10 inches required. If there is insufficient space on the site to plant the trees, the applicant may donate to the tree trust but must pay for the required amount of 4? (or 100 gallon) trees. Clarify existing ordinance in regard to the option to plant offsite trees in the 2. "reasonable proximity" if planting on site is not an option: Reasonable proximity to be defined as within 1000 feet of the subject site. Clarify existing ordinance to allow combination of options for the replacement of 3. trees. Allow applicants to plant offsite and donate to the Tree Trust. 5 City Council Regular Session, July 26, 2004 Allow option to applicants to donate to the Tree Trust Fund or to an Urban Forest 4. Enhancement Fund (UFEF) to be used for maintenance of public trees on City owned property and emergency tree work on public trees. After discussion of this item, the City Council agreed to amend the Criteria Manual in Section 3.2.2 (b)(2) by deleting ?within reasonable proximity of the subject site? and replacing it with ?within 1000 feet of the subject site?. They also agreed that in Section 3.2.2 (c)(3) the calculated rate for a deposit should be changed from $100 to $125. The City Council requested that the Staff bring back an ordinance that amends the fee schedule for tree removal permits. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1772 as amended 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 Voting Nay: None Absent: Council Member Farley City Council minutes. Matters related to the minutes of the Regular Session conducted on July 12, 2004. A motion was made by Council Member Fogler, 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, Fogler and Woods Voting Nay: None Absent: Council Member Farley City Center/Pedestrian Enhancement Project . Matters relating to the Center City/Pedestrian Enhancement Project, including utility repairs and relocation, arrangements with Southwestern Bell Telephone Company and others, related resolutions, contracts, appropriations and related matters. 6 City Council Regular Session, July 26, 2004 Assistant City Manager/Public Works Director Ron Wicker commented that last week the Staff began to evaluate the progress of the City Center Project to make sure that the work th is complete prior to school starting on August 16. The issue of the relocation of some telephone power poles on Edloe has not yet been resolved. There are 3 poles that still have services on them that need to be removed so that the poles can be moved from the center of the sidewalk. Mr. Wicker stated that the Staff met with representatives from SBC but still did not get the issues resolved. Representatives from SBC, Richard Cole, Jim Sprinkle and legal counsel Elizabeth Ferrell were present at the meeting. After a complete discussion of this item, the following motion was made: A motion was made by Council Member Fogler, seconded by Council Member Segal, to authorize the City Manager or the Assistant City Manager and the City Attorney to review the custom work order in question and make a determination whether or not it is in the City?s best interest to sign it and move forward with the work, in the event that they determine to the best of their ability that it does not waive the City?s rights to protest payment at a future date then we authorize them to move forward with the execution of the custom work order and to offer to escrow any funds that might be required as a payment up to the amount of the $12,510.88 that has been mentioned with the understanding that the escrow would have limitations necessary to protect the City?s opportunity to protest the position that Southwestern Bell is taking at this point and that the Council would be apprised of the results before Friday, July 30, 2004 and that the funding for this escrow amount be authorized out of the sidewalk fund. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: Council Member Farley Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Segal, seconded by Council Member Woods, to adjourn. The Council meeting adjourned at 7:53 p.m. 7