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HomeMy WebLinkAbout041204R CC Min CITY COUNCIL REGULAR SESSION MONDAY, APRIL 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 April 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, Police Chief, Fire Chief, City Planner and Public Works Coordinator 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 April 2004 at 5:40 p.m. Formal Session Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Michael Henderson, 4215 Dartmouth, commented that part of the newly installed sidewalk in his area was unsafe because it was placed next to the curb. He also stated that it was a different color and looked terrible. Proclamation for Arbor Day 2004. Matters related to a Proclamation celebrating Arbor Day on April 17, 2004. City Planner Nes Tesno reported that the City of West University Place has received the Tree City U.S.A. award for the past fifteen years from the National Arbor Day Foundation. In order to receive this recognition a City must maintain the following standards: A Tree Board, Department, Professional Forester A Tree Ordinance A Forestry program with an annual budget of at least $2 per capita An Arbor Day Proclamation and Celebration Arbor Day will be celebrated in conjunction with Meet the City Day at Colonial Park. Arbor Day is a method to educate the community about trees and the environment. Meet the City Day is a chance for residents to meet city staff from all departments and to be educated about each department’s functions. Free trees will be available for home planting to the first 100 families. City Council Regular Session, April 12, 2004 Council Member Segal requested that a tree be planted in the park in recognition of the th 15 year anniversary. A motion was made by Council Member Farley, seconded by Council Member Fogler, to approve the Proclamation declaring April 17, 2004 as Arbor Day. 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 Door-to-door soliciting and advertising. Matters related to door-to-door soliciting and advertising including Ordinance No. 1765 Mayor Ballanfant read the caption of Ordinance No. 1765 as follows: An Ordinance relating to door-to-door soliciting and advertising;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. 1765, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty presented an alternative ordinance, which would delete the time limit in Section 15.011 (c) (1) altogether but would rely on the “no knock list” for residents who do not want to be disturbed. Police Chief Ken Walker stated that citizens would need a proof of residency in order to add their name to the list. The City Council agreed that the ordinance should remain as it was adopted on the first reading by leaving Section 15.011 (c) (1) to read “on any day before 9:00 AM or after 8:00 PM.” A motion was made by Council Member Fogler, seconded by Council Member Woods, to adopt Ordinance No. 1765 on the second and final reading. A vote was taken on the motion with the following result: 2 City Council Regular Session, April 12, 2004 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Friends of West University Place Parks Fund (Friends) Expenditure and Recreation Center Use. Matters related to the Friends of West University Place Parks Fund expenditure and Recreation Center use; including the purchase of equipment and supplies. Joni Fichter, Chair of the Friends of West University Place Parks Fund, reported that during their March 3, 2004 Board Meeting, the Friends of West University Place Parks Fund, Inc. (the “Friends”) approved designating $10,220 raised at the 2004 Park Lovers Ball for the West U Recreation Center. These funds are specifically designated to purchasing a bike rack and bench ($1,750). Whatever funds remain after constructing the rack and bench may be used to make the facility operational through the purchase of items listed by City Staff. In addition, the Friends agreed to provide $16,000, also currently available, to fund Recreation Center start up costs. These funds can be used to fund whatever is needed to get the facility up and running, but must include bringing playground equipment up to code or working on a new playground. Should a new playground be decided upon, Friends might decide to designate more funds to help. The Friends have designated the funds, which are currently on hand, and will disburse the funds when the City bills for the completed expenditures The above-mentioned funds may be matched by the Lewis Family Charitable Foundation, which would bring the total to $52,440 for use at the Recreation Center. The following is the key points that Friends have discussed with the Lewis family for the matching grant program: a. Funds raised by the Friends for the Recreation Center over the next three years would be matched one-to-one. b. The Friends could send quarterly statements, showing the funds raised, to the Foundation. The Foundation would pay its matching funds to the Friends by December 31 of each year, subject to approval by the Foundation’s board. The Foundation’s matching funds would be capped at $500,000, cumulative total. c. The Friends would pledge its own funds, and matching funds, to the City for each phase of the project. The Friends would pay those funds to the City after each phase is completed. The funds could be held in escrow until they are paid to the City. d. Funds from the matching grant program could be used for non-recurring items like capital improvements, renovations and start-up expenses, not operating costs. 3 City Council Regular Session, April 12, 2004 e. Ms. Linda Lewis, on behalf of the Lewis Foundation, has made it clear that she is satisfied with the new recreation center operating in the same manner as the other existing parks and recreation facilities in the City. Mrs. Fichter commented that for the initial funds, described above, the Friends board voted to guarantee payment of the full $52,440 upon completion of the project by year- end, even if funds are not received from the Foundation. Council Member Fogler asked if there was going to be a written agreement with the Lewis Family Foundation. Mrs. Fichter stated that a written agreement was not something that the Lewis Foundation has particularly wanted but they will provide a challenge letter that would help the Friends raise money. A motion was made by Council Member Farley, seconded by Council Member Fogler, to approve the expenditure of $52,440 to fund the recreation center start-up costs as detailed in the cover memo and purchases of items in Exhibits 2 and 3 with the priority of those purchases to be determined by the Parks and Recreation Director. 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 Property located at the SWC Westpark Drive and Wakeforest Street. Matters related to the property located at the SWC Westpark Drive and Wakeforest Street including sell, lease or other related matters. Marshall Clinkscales from MSC Properties, Inc. reported on the options for the sell or use of the City owned property on Westpark Drive. The property is 1.0874 acres and might produce offers in excess of $30 a square foot. A ground lease would bring 6% to 8% of the value. Council Member Farley suggested that this item should be deferred until the Staff provides a list of future projects and funding. Railroad crossings and trains. 4 City Council Regular Session, April 12, 2004 Matters related to railroad crossings and trains including noise, whistles, quiet zones, federal rules, interlocal agreements and related matters. City Attorney Jim Dougherty reported that the Federal Railroad Administration (FRA) has invited comments on its proposed "quiet zone" regulations. The City of Arlington has submitted comments urging the FRA to strengthen the regulations two ways: (1) make it more clear that there would not be liability from establishing quiet zones, and (2) prevent railroads from requiring indemnification as a condition of establishing quiet zones. Staff proposes to send a letter to the U.S. Department of Transportation supporting the City of Arlington's position and recommends that the City Council approve and authorize this approach. Mr. Dougherty submitted a proposed draft of a letter to the U.S. Department of Transportation urging them to take additional steps to reduce potential liability. Mayor Ballanfant requested that the letter include such language, as “the FRA should provide for federal preemption of any property or personal injury claims that would arise from the implementation of quiet zone rules and regulations.” A motion was made by Mayor Ballanfant, seconded by Council Member Farley, to approve the submission of a letter to the U.S. Department of Transportation supporting the City of Arlington’s position pertaining to quiet zones with the inclusion of the language suggested above. 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 City Council minutes. Matters related to the minutes of the Regular Session conducted on March 22 and the Special Session conducted on March 29, 2004. A motion was made by Council Member Segal, seconded by Council Member Fogler, to approve the minutes as amended. A vote was taken on the motion with the following result: 5 City Council Regular Session, April 12, 2004 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. City Manager Michael Ross reported on the City Center Pedestrian Enhancement Project. He stated that TxDot received one bid last week for the project in the amount of $802,769.23, which is over the estimated cost of the project by $11,542.83. Further information regarding this project will be presented at a later date. Council Member Farley commented that the Parks and Recreation Board met and were asked if they would consider a project of a dog park and they respectfully declined. Council Member Farley requested that this item be placed on the next regular session. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Farley, seconded by Council Member Fogler, to adjourn. The Council meeting adjourned at 7:43 p.m. 6