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Home My WebLink About111207R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, NOVEMBER 12, 2007 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. The City Council convened in Special and Regular Session in the Municipal Building (3800 University Blvd.) on November 12, 2007, with the following members present: Mayor Kelly presiding, Council Members Fry, Cohen, Guffey and Talianchich. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Fire Chief, Parks and Recreation Director, Police Chief and Finance Director were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 7 day of November 2007 at 10:00 a.m. Special Session 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. City Manager Michael Ross reported that the settlement proposal had been sent to the Peden?s and their attorney for consideration. There was nothing further to report at this time. Boards and Commissions. Matters related to Boards and Commissions including the interview of two volunteers. The City Council interviewed BK Scardino for a volunteer position on the Recycling and Solid Waste Reduction Board. A resolution will be prepared for consideration at the next meeting. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to adjourn the Special Session. City Council Regular and Special Session, November 12, 2007 A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Guffey and Talianchich Voting Nay: None Absent: Council Member Cohen The motion passed 4-0. The City Council adjourned the Special Session at 6:10 p.m. to convene in Regular Session. Formal Session Citizen Comments Mayor Kelly invited citizens who wished to address the City Council to come forward as their names were called. Candace Levy, 3911 Arnold, requested that the City Council include the purchase of a new bubble for the Colonial Park pool in the 2008 Budget. Bob Levy, 3911 Arnold, requested that the City Council include the purchase of a new bubble in the 2008 Budget. Parks and Recreation Director Tim O?Connor reported on the issue of the failing Colonial Park pool enclosure. He stated that the municipal staff has made every effort to extend the life of the enclosure but it now poses a real risk to the safety and well being of patrons and staff using and working at the pool. Mr. O?Connor stated that the City Staff was not recommending the purchase of a permanent enclosure at this time but to wait until the citizen survey is returned to see what the majority of the residents wanted at the Recreation Center and Colonial Park. Public Hearing (Budget). Public hearing to consider the 2008 proposed budget covering all funds for the City of West University Place. Mayor Kelly opened the public hearing on the 2008 budget for citizen comments. There being no residents wishing to speak, the City Council closed the public hearing. City finances, facilities, programs, and the 2008 Budget. Matters related to city finances, facilities, programs, and the 2008 Budget including revenues and expenditures for current and future years for all funds, and capital improvements, priorities and related programs and expenditures, including recreation facilities, parkland and other park 2 City Council Regular and Special Session, November 12, 2007 projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, traffic and parking and other public improvements, City projects and Ordinance No. 1855. Mayor Kelly read the caption of Ordinance No. 1855 as follows: An ordinance approving and adopting a budget for the fiscal year beginning January 1, 2008 and ending December 31, 2008 appropriating funds for such budget; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1855, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that the Ordinance appropriates a total of $44,309,753 for operations, debt service and capital for the year beginning January 1, 2008 and ending December 31, 2008. The total appropriation is apportioned over twenty different funds as shown below: Total FundAppropriation General Fun$11,979,980 d Water Fun5,291,910 d Debt Service Fun6,805,270 d Capital Projects Fun2,175,000 d Infrastructure Replacement Fun50,000 d Sidewalk Construction Fun619,372 d Transportation Improvement Fun8,390,520 d Streetlight Improvement Fun1,200,000 d Capital Reserve Fun1,850,000 d Employee Benefit Fun1,633,430 d Parks Fun4,400 d Equipment Replacement Fun518,000 d Court Security Fun16,000 d METRO Grant Fun259,000 d Water Capital Reserve Fun448,000 d Solid Waste Fun1,304,350 d Technology Management Fun641,910 d Tree Replacement Fun50,000 d Recreation Center Grant Fun1,068,111 d Court Technology Fun4,500 d Total Appropriations44,309,753$ 3 City Council Regular and Special Session, November 12, 2007 A motion was made by Council Member Fry, seconded by Council Member Guffey, to adopt Ordinance No. 1855 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Ad valorem taxes for tax year 2007 . Matters related to ad valorem taxes for tax year 2007 including Ordinance No. 1856. Mayor Kelly read the caption of Ordinance No. 1856 as follows: An ordinance adopting and setting a tax rate; levying and assessing ad valorem taxes for tax year 2007; confirming and granting exemptions; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1856, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that a property tax rate of 36.6 cents per $100 in assessed value is necessary to provide funding for the 2008 Budget. The tax rate is allocated between the General Fund and the Debt Service Fund as follows: General Fun18.650.820% d Debt Service18.049.180% 36.6100.000% The ordinance also confirms and grants an over-65/handicapped exemption of $110,000. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Ordinance No. 1856 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None 4 City Council Regular and Special Session, November 12, 2007 The motion passed 5-0. Parks and Recreation Board. Matters related to the Parks and Recreation Board including Resolution No. 2007-20 appointing a member. A motion was made by Council Member Fry, seconded by Council Member Cohen, to approve Resolution No. 2007-20 appointing Brian Fiegel to the Parks and Recreation Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Recycling and Solid Waste Reduction Board. Matters related to the Recycling and Solid Waste Reduction Board including Resolution No. 2007-21 appointing a member. A motion was made by Council Member Fry, seconded by Council Member Cohen, to approve Resolution No. 2007-21 appointing John Wilkinson to the Recycling and Solid Waste Reduction Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Memorandum of Understanding for Youth Sports Program. Matters related to a Memorandum of Understanding between the City of West University Place and the West University Tri-Sports Association. Mr. O?Connor reported that the Memorandum Of Understanding (MOU) between the City of West University Place and the Tri-Sports Association is up for renewal. The MOU clearly defines the roles and expectations of the two entities and is intended to protect the best interests 5 City Council Regular and Special Session, November 12, 2007 of both the City and Tri-Sports. The MOU was updated in cooperation with the Tri-Sports Association president and Board of Directors. In order to coincide with the terms of the Tri- Sport Executive?s, the Memorandum of Understanding is for the program year beginning October 1, 2007 and concluding September 30, 2008. A Memorandum of Understanding between the City of West University Place and the West University Tri-Sports Association shall be executed annually, for the period beginning October stth 1 through September 30, on or before the first of September of each subsequent year, to coincide with the annual Tri-Sport Presidential Election. This MOU includes a change from the previous in Section A.5 Electronic Marquee, Promotional Banners & City Publications: Added Banner placement for promotion of Tri-Sport registrations for individual sports. A motion was made by Council Member Fry, seconded by Council Member Cohen, to approve the Memorandum of Understanding between the City of West University Place and the West University Place Tri-Sports Association. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. 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. 2007-22 casting a ballot for the election of a person to the Board. A motion was made by Council Member Fry, seconded by Council Member Cohen, to adopt Resolution No. 2007-22 casting its ballot for Richard E. Yehle 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 Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. 6 City Council Regular and Special Session, November 12, 2007 Bucket Truck. Matters related to bids received October 23, 2007 for the purchase of a bucket truck including bid award. Assistant City Manager/Public Works Director Chris Peifer reported that the 2007 Budget included funds to replace the 1994 Ford F-350 Bucket Truck with a used vehicle that has been refurbished. The proposed vehicle will provide staff with greater reliability and will include enhanced features that will increase the ability to provide ever improving level of service. The bucket work height is 46? and will allow the staff to change exterior lighting at all of our facilities, the telescopic boom will make it easier to maneuver within the tree canopy without damaging trees, and a material handler that will allow staff to service and replace sewer lift station equipment without the need of rental equipment. The City recently advertised bids and received a total of 11 quotes that ranged from $29,900 to $57,500. The amounts varied due to age, mileage, wear and tear, and the amount of refurbishment completed on the vehicles. The City will conduct a vehicle and equipment inspection to ensure the selected vehicle meets the requirements. A motion was made by Council Member Cohen, seconded by Council Member Talianchich, to approve the purchase of a bucket truck for an amount not to exceed $50,000. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Completion Contract for Priority Areas 9, 10, & 11. Matters related to the Completion Contract for Priority Areas 9, 10, & 11 including final acceptance of the work and approval of final payment. Mr. Peifer reported that Metro City Construction, LLP, (Metro City), has completed all work required under the Completion Contract for Remaining Work in Priority Areas 9, 10 and 11. This was the contract that was made necessary when the original contractor failed to perform the work in the referenced section of the City, as part of the Infrastructure Improvement Project. This contract was authorized by the City Council in an original amount of $3,557,625.60. Subsequently a net-increase change order was approved for this contract (24.1%) increasing the total contract to $4,415,117.54 to facilitate the completion of the City approved Master Sidewalk Project. These subsequent amounts and work is not included in the subject of this request. Final payment in the amount of $175,471.64, which includes project retainage for the infrastructure 7 City Council Regular and Special Session, November 12, 2007 work in Priority Areas 9, 10 and 11 exclusively, is currently pending. Please note that pending TDLR inspection at the completion of the entire contract the City will hold the contractor?s warranty, the contract performance bond as well as all subsequent contract retainage to ensure total compliant completion. The one-year warranty for this work will begin with City Council?s acceptance. A motion was made by Council Member Fry, seconded by Council Member Cohen, to accept the infrastructure work completed in Priority Areas 9, 10 and 11 and authorize the final payment in the amount of $175,471.64. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on October 22 and Special Session October 23 and 30, 2007. A motion was made by Council Member Fry, seconded by Council Member Guffey, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. Council Reports There were not any reports given at this time. City Manager Report Mr. Ross reported that the citizen surveys were beginning to be returned from the residents. Staff has received 128 so far. 8 City Council Regular and Special Session, November 12, 2007 Adjournment A motion was made by Council Member Cohen, seconded by Council Member Fry, to adjourn the Regular Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich Voting Nay: None Absent: None The motion passed 5-0. The City Council adjourned the Regular Session at 7:14 p.m. 9