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HomeMy WebLinkAbout012698R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 26,1998 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on January 26, 1998, with the following members present: Mayor Fogler presiding, Council Members Starich, Davis, Neal and Sparkman. The City Secretary, City Attorney, Finance Director and Public Works Director were also present. Council Member Sparkman led the Pledge of Allegiance. CITIZEN COMMENTS: Mayor Fogler invited citizens who wished to address the City Council to come forward as their names were called. Carolyn Sacchi, 3768 Rice, stated that she objected to the firing of a cannon during the Houston Marathon. She asked that the cannon not be used in the future. John Stokes, 2920 Rice, stated that he was a board member of the Methodist Health Care Houston Marathon. He requested that the Council allow the marathon to run through the city on January 17, 1999. PROCLAMATION FOR WEST UNIVERSITY SOCCER TEAM: Consideration was given to a Proclamation recognizing the West University Sidekicks Girls Soccer Team for winning the South Texas State Championship. Mayor Fogler read the Proclamation and asked the members of the Soccer Team to stand as their names were called. 1999 METHODIST HEALTH CARE HOUSTON MARATHON: Consideration was given to the 1999 Methodist Health Care Houston Marathon scheduled to be runJanuary 17, 1999. A motion was made by Council Member Sparkman, seconded by Council Member Neal, to invite the 1999 Methodist Health Care Houston Marathon to again run through West University streets and to remind the representatives that they need to obtain a city permit. .....,_ "--__. 1..t..L-. _____ ._~.......<_._._,r::::=II..~ ~ -=--:rI., I~.3 I~' --------,.,-""'l'TIlrll!rn1~ City Council Regular Session, January 26, 1998 A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: BID AWARD FOR STREET SWEEPER: Consideration was given to bids received January 21, 1998 for the purchase of a diesel powered air street sweeper. The following bids were received: Bidder Bid Amount Conley Lott Nichols Industrial Pisposal Supply Co. $115,353.63 $ 88,717.00 Acting City Manager Ed Menville reported that the 1998 Budget includes a new account called the Equipment Replacement Fund. The amount of $95,000 was budgeted in this account for the replacement of the street sweeper. The new sweeper replaces the one purchased in 1990. A motion was made by Council MemberStarich, seconded by Council Member Davis, to award the bid for the replacement of the street sweeper to Industrial Disposal Supply Company in the amount of $88;717. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: FINAL ACCEPTANCE AND PAYMENT FOR CONSTRUCTION OF RECYCLING CENTER: Consideration was given to the fmal acceptance and payment in the amount of $32,601.33 to Tonetti Construction Company for the construction of the Recycling Center. 2 ~~-=t...~ _L_~" ......-..:; - - ~-........,.'~'"-~~FlIlm~' City Council Regular Session, January 26, 1998 Mr. Menville reported that R. H. Tonetti Construction Company has completed all construction activity related to the construction of the Recycling Center and is requesting final payment in the amount of $32,601.33, which will bring the total project cost to $326,013.26. As per the contract, Tonetti Construction Company has provided the City with all appropriate documents including Contractor's Warranty, Contractor's Affidavit of Payment of Debts and Claims, and Subcontractor's Affidavit of Release of Liens. A motion was made by Council Member Neal, seconded by Council Member Sparkman, to accept the project as complete and authorize the staff to make fmal payment to Tonetti Construction in the amount of $32,601.33. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None REHABILITATION OF SANITARY SEWER OUTFALL LINE: Consideration was given to the rehabilitation of a 36" sanitary sewer outfall line and authorization to bid. Mr. Menville reported that on January 13, 1997, Council authorized Claunch & Miller Engineers to prepare Plans and Specifications for the rehabilitation of the City's main 36" sanitary sewer outfalL The work consists of two parts. The fIrst part will be the installation of a liner in the outfall pipe, which traverses through the Brompton Townhouse Development. The second part involves placement of a similar liner in the same outfall pipe in Brompton Street starting at University Boulevard and continuing as far south as available funds will allow. It is estimated that the project will cost approximately $800,000. The Texas Water Development Board-SRF funds will provide $700,000 and the other $100,000 will come from the Water and Sewer Capital Project Fund. The effect on the budget should be minimal because Council authorized the use of under runs from Priority Area 4B/5A to pay for this work. A motion was made by Council Member Sparkman, seconded by Council Member Davis, to authorize the Staff to solicit bids for the rehabilitation of the City's main 36" sanitary sewer outfalL 3 . 'l1Imlll,lt.I'fl'!.f:"l", City Council Regular Session, January 26, 1998 A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None INSTALLATION. OF A SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM: Consideration was given to the installation of a Supervisory Control and Data Acquisition System (SCADA) at the Sewerage Treatment Plant and authorization to bid. Mr. Menville reported that for several years, the City's public works department has been initiating the automation of as much of the sewer plant operations as is reasonable. With Remote Terminal Units and various pieces of hardware and software, much ofthe sewer plant operation can-be automated. Installation of SCAD Are presents the final stages of this project. $200,000 has been made available for this project in the 1998 Budget. A motion was made by Council Member Davis, seconded by Council Member Sparkman, to authorize the Staff to solicit bids for the installation of a Supervisory Control and Data Acquisition system for the City's sewerage treatment plant. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None' Voting Nay: Absent:. SURVEY OF. DRAINAGE DITCH FROM BELLAIRE BOULEVARD TO BRAYS BAYOU: Consideration was given to conducting a meets and bounds survey of the drainage ditch from BellaireBoulevard to Brays Bayou. Mr. Menville reported that residents living adjacent to the Kilmarnock ditch have, for many years, been concerned with its maintenance. The residents' complaints led to numerous discussions between Harris County Flood Control and the City regarding the responsibility for its upkeep. 4 City Council Regular Session, January 26, 1998 Staff is proposing to have a metes and bounds survey conducted in order to transfer an interest in the ditch to Harris County Flood ControL Such action should identify responsibility for its future maintenance. This project was not anticipated when the 1998 Budget was prepared, so a transfer of $10,000 from the City's General Fund to Public Works Administration will be needed to cover the cost associated with this project. Council Member Starich inquired about the cost for the City to maintain the drainage ditch. He asked the Staff to provide this information. A motion was made by Council Member Neal, seconded by Council Member Davis, to authorize the Staff to survey the drainage ditch from Bellaire Boulevard to Brays Bayou with a transfer of $10,000 from the City's General Fund to Public Works Administration to cover the cost of the project. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: ODOR CONTROL AT THE SEWERAGE TREATMENT PLANT: Consideration was given to a request to re-appropriate $35,000 to the Water and Sewer Capital Projects fund for odor control at the Sewerage Treatment Plant. Mr. Menville reported that initially, it was thought a structure might be required over the headwaters of the plant in order to control odor. The Plant Supervisor conducted a test returning re-aerated activated sludge to the raw sewer inlet. He determined this procedure to be as sufficient in controlling odors and more cost effective. Funds for this project were originally appropriated in the 1997 Water and Sewer Capital Projects Fund, but the project was put on hold and the funds were not expended in 1997. Therefore, it will be necessary to amend the 1998 Budget to re-appropriate the $35,000 for this project in the Water and Sewer Fund Reserves. 5 :r~_ _.J........-'-I- ..L.......-L...........o.l-~ . _"--__--'.J... ..~- -~. -------c-c-----,,-~"''P.TIIfl!rlf1lf~-l~!fff'~'~-- City Council Regular Session, January 26, 1998 A motion was made by Council Member Starich, seconded by Council Member Davis to authorize the Staff to re-appropriate $35,000 for this project to the Water and Sewer Capital Projects fund for 1998. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on January 12, 1998 (b) Regular Session conducted on January 12, 1998 A motion was made by Council Member Sparkman, seconded by Council Member Neal, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: GARBAGE AND TRASH ORDINANCE: Consideration was given to the second and fmal reading of Ordinance No. 1576. Mayor Fogler read the caption of Ordinance No. 1576 as follows: AN ORDINANCE RELATING TO GARBAGE AND TRASH; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1576, in the form proposed for adoption, were available in the Council 6 City Council Regular Session, January 26, 1998 Chambers. Public Works Director Ed Menville reported that for the last eight months staff has been issuing warnings and citations to residents who place their garbage and trash out too early. This program has. been met with mixed success - To date, 597 warnings and 41 citations have been issued. However, part of the problem with this approach is that the garbage usually remains at curbside. The proposed ordinance decriminalizes the act of placing garbage and trash out too early and establishes a special service pick-up. Basically, if garbage and trash are placed at the curb prior to the time permitted, City staff will consider this a request for special services. A special Public Works crew will collect the garbage and trash and the property owner will be charged for the service. Recommended fees will be established and presented at the next Regular Session. In addition to providing this special service, Ordinance No. 1576 also changes the time which garbage and trash can be placed at the curb. Placement may occur no sooner than 6:00 PM on the day before a regular collection day. A motion was made by Council Member Neal, seconded by Council Member Starich, to adopt Ordinance No. 1576 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: FEE SCHEDULE: Consideration was given to the second and final reading of Ordinance No. 1577. Mayor Fogler read the caption of Ordinance No. 1577 as follows: AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1577, in the form proposed for adoption, were available in the Council Chambers. 7 I, ,-:rf:;II:-"1 II. , , .""1,'" '.'cl;I:~~liell.'-' . -.., nlfJITlrl ,,(,I:m,la r".'- - - -------~.......,--,--,.~.~-,---,-,,-,-, -,-~--..---- City Council Regular Session, January 26, 1998 Ordinance No. 1577 will institute a new fee schedule to provide for animal registration fees, and plat review fees for property owners. The fee schedule proposed allows for the implementation of a permanent registration system. The fee for spayed or neutered animals is set at $40 per animal. This includes a microchipping or other type of permanent identification. The fee is reduced to $15 if the owner of the animal is a resident over 65 years of age. The fee for fertile animals is set at $150 per animal. The animal registration fees might show a significant increase in the first year due to the increased fee structure. However, the registration is a one-time fee and will not require an annual review of the registration or license. The city receives numerous requests to review and/or prepare plats throughout the year. The Public Works Department does not have enough staff time to provide this service. This service is needed to ensure that plats conform to City mandated ordinances and codes. Without an established fee schedule, it could become very expensive to contract with an independent land planner each time a plat is submitted to the City. The fee for plat review and preparation will be a pass through cost. Any fees or charges incurred by the city in regards to a particular plat will be passed along to the owner of the property. Base fees to cover the cost of exceptional cases are included in the proposed fee schedule. With adoption of the proposed fee schedule, the City would retain an outside land planning specialist to review and prepare plats. The proposed fee schedule includes costs for processing the plats in the City as well as retaining an outside land planner. In the proposed fee schedule, fees are established for full preparation of plats and review only. In the case of full preparation, the fees are the City's actual cost for plat preparation and revision plus incidentals. In the case of plat review only, the fees are the City's actual cost for plat review, plus incidentals. A motion was made by Council Member Davis, seconded by Council Member Neal, to approved Ordinance No. 1577 on the second and final reading. A vote was taken on the motion with the following result: V oting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: 8 City Council Regular Session, January 26, 1998 ZONING ORDINANCE AMENDMENT: Consideration was given to the sec~md and fmal reading of Ordinance No. 1578. Mayor Fogler read the caption of Ordinance No. 1578 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO PROVIDE FOR GARDEN STYLE SINGLE-F AMIL Y USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D; AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1578, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty reported that attached townhouses are already allowed in this district. The amendment would allow a new garden-style, single-family use. Basic townhouse regulations would apply, but there could only be one house per lot, the houses could not be attached, and each lot would have to be platted for separate, "fee simple" ownership. This would produce a less-intensive land use than townhouses, more akin to conventional, single-family use. A motion was made by Council Member Starich, seconded by Council Member Sparkman, to adopt Ordinance No. 1578 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: ORDINANCE INITIATING A REVIEW OF ORDINANCES AND REGULATIONS APPLICABLE TO TOWERS: Consideration was given to the first and fmal reading of Ordinance No. 1580. Mayor Fogler read the caption of Ordinance No. 1580 as follows: AN ORDINANCE INITIATING A REVIEW OF ORDINANCES AND REGULATIONS 9 '-1 "--__.-Lt...... --,................---. '"..~".I_- -- --. ---,--.,..--.----'~".9~nlffllffflfllf'ffr-- - --- ---- ---------" City Council Regular Session, January 26, 1998 APPLICABLE TO TOWERS AND TOWER STRUCTURES; REFERRING THE MATTER TO THE ZONING AND PLANNING COMMISSION; PROVIDING FOR A TEMPORARY LIMITATION ON CERTAIN PERMITS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY Copies of Ordinance No. 1580, in the form proposed for adoption, were available in the Council Chambers. Mr. Dougherty reported that Ordinance No. 1580 would formally initiate a review of ordinances applicable to towers but it would also impose a temporary moratorium on structured towers. Council Member Davis stated that he would abstain from voting on this particular ordinance. A motion was made by Council Member Neal, seconded by Council Member. Starich, to adopt Ordinance No. 1580 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Abstain: Mayor Fogler, Council Members Starich, Neal and Sparkman None None Council Member Davis ORDINANCE CALLING JOINT PUBLIC HEARING: Consideration was given to the first and final reading of Ordinance No. 1581. Mayor Fogler read the caption of Ordinance No. 1581 as follows: AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO MODIFY THE FRONT YARD REQUIREMENT FOR GARDEN-STYLE, SINGLE-F AMIL Y USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D. (PDD-THl DISTRICT); PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY Copies of Ordinance No. 1581, in the form proposed for adoption, were available in the Council Chambers. Mr. Dougherty reported that Ordinance No. 1581 would call a public hearing on proposed changes to reduce the minimum front yard to three feet in depth in garden-style developments 10 ~ :r-l:II:-:L. ~.Ll~_,__ _ _--'~_ . .-"..---" .. .', tllJ:[!llllllff'm'.flI"F----- .----,--..-"'.~,-~~ City Council Regular Session, January 26, 1998 but only where the. yard faces a private street. It would also allow the Zoning and Planning Commission to impose building lines on a replat to create variable front setbacks, up to eight feet in depth. A motion was made by Council Member Sparkman, seconded by Council Member Davis, to adopt Ordinance No. 1581 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: ORDINANCE RELATING TOTHE WESLAYAN TOWNHOUSE P.D.D.: Consideration was given to the first and fmal reading of Ordinance No. 1582 Mayor Fogler read the caption of Ordinance No. 1582 as follows: AN ORDINANCE RE-INITIATING A REVIEW OF THE ZONING REGULATIONS APPLICABLE TO THE WESLAYAN TOWNHOUSE P.D.D. (PDD-TH4); REFERRING THE MATTER TO THE ZONING AND PLANNING COMMISSION; PROVIDING FOR A TEMPORARY LIMITATION ON CERTAIN PERMITS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY Copies of Ordinance No. 1582, in the form proposed for adoption, were available in the Council Chambers. Mr. Dougherty reported that Ordinance No. 1582 was designed to encourage or mandate a coordinated and integrated development of the property. It would be referred to the Zoning and Planning Commission and would give them a deadline of March 23, 1998 to report back to the City Council. A motion was made by Council Member Neal, seconded by Council Member Starich, to adopt Ordinance No. 1582 on the first and fmal reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman 11 ,~ I 11; I :rmr-l-- r--Il. , ~--m-r:, :J. " 'kIlI'""I>!t'..... . ., 11lrr11f1 ~1'Tl'n'flT"'1'= City Council Regular Session, January 26, 1998 Voting Nay: None Absent: None COUNCIL COMMENTS: COwlcil Member Neal commented that she was pleased with the new Recycling Center. Council Member Sparkman commented about the large turn-out at the Town Meeting. Mayor Fogler thank:ed Council Member Starich for filling in for her at the Rotary Club Meeting. Council Member Starich and Davis also commented about the Town Meeting. ADJOURNMENT: With no further business to come before the City Council at this time, a motion was made by Council Member Sparkman, seconded by Council Member Neal, to adjourn. The regular Session adjourned at 8:55p.m. 12