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HomeMy WebLinkAbout042505R CC Min CITY COUNCIL REGULAR SESSION MONDAY, APRIL 25, 2005 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Blvd.) on April 25, 2005, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Fogler and Woods. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Police Chief, Parks and Recreation Director, Building Official and Finance Director were also present. The notice for this meeting was posted in accordance with the Texas Government Code, st Chapter 551, on the 21 day of April 2005 at 1:30 p.m. Formal Session (in the Council Chambers) Citizen Comments. Mike Talianchich, 3819 Arnold, signed up to speak but will address the Council during the Agenda item related to foundations. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2005-03 appointing Anne Steacy as a member. Parks and Recreation Director Tim O’Connor reported that the Friends would like for Council to consider appointing Anne Steacy as a member of the Board of Directors of the Friends of West University Parks Fund, Inc. Ms. Steacy’s credentials are commendable and she will be a tremendous asset to the board. A motion was made by Council Member Woods, seconded by Council Member Fogler, to approve Resolution No. 2005-03 appointing Anne Steacy to the Board of Directors of the Friends of West University Parks Fund, Inc. 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 Building and Standards Commission. City Council Regular Session, April 25, 2005 Matters related to the Building and Standards Commission including Resolution No. 2005-04 appointing a member to the BSC. Assistant City Manager/Public Works Director Ron Wicker reported that due to relocation, John Ayres, member of the Building Standards Commission, gave notice of his resignation. Chairman of the BSC, Bryant Slimp, invited the alternate members in attendance to have their names submitted to the City Council for consideration of appointment to John’s unexpired term. The term expires August 31, 2005. The three alternate members are Brian Hoogendam, Muddy McDaniel, and Kevin McMahon. Councilman Woods has nominated Brian Hoogendam to fill the vacancy. A motion was made by Council Member Woods, seconded by Council Member Fogler, to adopt Resolution No. 2005-04 appointing Brian Hoogendam to Position 3 of the Building and Standards Commission. 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 Parks and Recreation Board. Matters related to the Parks and Recreation Board including discussion of proposed by- laws. This item was withdrawn from consideration at this time. Foundations. Matters related to foundations including Ordinance No. 1791. Mayor Ballanfant read the Caption of Ordinance No. 1791 as follows: An ordinance relating to foundations; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. 2 City Council Regular Session, April 25, 2005 Copies of Ordinance No. 1791, in the form proposed for adoption, were available in the Council Chambers. Bryant Slimp, Chair of the Building and Standards Commission, stated that the Building Standards Commission was asked to review the City’s current building codes as they relate to foundation design, and to recommend amendments as they felt appropriate. The Commission established several goals of it’s own to accomplish this task: 1. To protect homeowners from poor construction. 2. To discourage homeowners and developers from choosing a foundation design based solely on economics. 3. To protect subsequent homeowners. 4. To protect property values and tax base for the City. To accomplish these goals, the proposed amendment contains the following provisions: 1. Sets minimum standards for foundation design. 2. Assigns responsibility of the foundation design and installation to RLPE. 3. Requires Errors & Omission insurance for both the RLPE and RLGE. 4. Requires RLPE to work for an engineering firm. 5. Requires the RLPE to file observation and certification reports with the City. 6. Requires the City to maintain permanent records of foundation observation and certification reports. 7. Provides the Commission the ability to grant variances under special circumstances Mike Talianchich, 3819 Arnold, raised questions regarding general liability insurance, deep foundation support systems, foundation repair work, failed foundations and review of foundation designs by the Building and Standards Commission. The City Council also asked numerous questions regarding the comments by Mr. Talianchich. A motion was made by Council Member Fogler, seconded by Council Member Woods, to table consideration of Ordinance No. 1791 until the next meeting. 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 Cable Television Franchise. 3 City Council Regular Session, April 25, 2005 Matters related to a cable television franchise including Ordinance No. 1796 Mayor Ballanfant read the Caption of Ordinance No. 1796 as follows: An ordinance extending a cable television franchise and containing findings and provisions relating to the subject. Copies of Ordinance No. 1796, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty reported that for some time, the City has been working on a renewal of the Time Warner cable television franchise. Apparently because of legislation pending in Austin, Time Warner has suspended negotiations on all new franchises in Texas, until the legislative session is over. th The existing franchise expired on the 15 anniversary of the original franchise acceptance in 1990 (that anniversary would fall on or about April 5, 2005). Although it is not unusual for cities and franchisees to continue operations after franchises expire, a short-term extension would be better. An extension through January 31, 2006 is long enough to allow resumption of negotiations and consummation of a new franchise. Time Warner is agreeable to such an extension. Since about 1998, the holder of the franchise has been a limited partnership, Texas and Kansas City Cable Partners, L.P., d/b/a Time Warner Cable. A motion was made by Council Member Fogler, seconded by Council Member Segal, to adopt Ordinance No. 1796 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 Comprehensive Annual Financial Report. Matters related to the Comprehensive Annual Financial Report. Finance Director Walter Thomas reported that the City is required each year to submit its books and records to an annual audit by an independent firm of certified public accountants. When the audit is complete the auditor issues a report on the results of that audit. The 2004 audit report included in the Comprehensive Annual Financial Report 4 City Council Regular Session, April 25, 2005 (CAFR) is a “clean opinion”, meaning that the auditors found that the 2004 Financial Statements fairly present the City’s financial activity. The Comprehensive Annual Financial Report is used primarily by rating and regulatory agencies as a source for financial information about the City. It also serves as the primary archival document about the City’s financial activity in 2004. Each year the City submits its CAFR to the Government Finance Officer’s Association (GFOA) for an independent review. The GFOA’s staff and two other professionals who are involved with governmental reporting independently review our CAFR. Reports that meet the standards established by the GFOA are awarded a Certificate of Excellence in Finance Reporting. The City’s 2003 CAFR received this award and we believe this report continues to meet the high standards established by the GFOA for this program. Mr. Thomas stated that as in prior years the Auditors have issued a Management Letter recommending ways that the City could strengthen its procedures and processes. He presented the current year’s letter, together with the Staff’s responses. Animal Recreation Facility. Matters related to an Animal Recreation Facility including its location and property adjacent to Westpark that is owned by Metro. Council Member Woods stated that he would like to officially request of Council that the City Manager and the Animal Recreation Facility Task Force open discussions with Metro about the possibility of utilizing some of their right-of-way for a dog park. He stated that he would like some consensus that the site is acceptable if it was available. Council Member Segal commented that the property on Westpark is in the City of Houston. He stated that people have indicated to him that if it is a dog park that’s fine but maybe it should be a Houston or a Harris County dog park rather than a West University dog park. Council Member Woods stated that it was his hope that it would be a Harris County dog park. Council Member Segal stated that he wanted to make sure what the Council was voting on and not voting on that property as being appropriate as a West University dog park. Rather a dog park to be sponsored by someone but not West University Place. Council Member Woods commented that he would like to leave that open for decision. He stated that his understanding all along has been that the City was not going to invest money in a dog park so he didn’t see how this would be any different except that the Council was opening the door to discussion for that property being available. And hopefully shortly after, get the County or some private entity to fund it. 5 City Council Regular Session, April 25, 2005 Council Member Fogler commented that basically Council Member Woods’ suggestion is that the Council authorizes the City Staff to approach these various governmental bodies and see if they might be interested in pursuing a dog park. Council Member Woods stated that the Council does not know if the property is available until someone talks to the entities involved but there is some reluctance on part of the City Manager to pursue that until the Council is in consensus. Council Member Fogler stated that then presumably if the County decided to take this on and it became a County dog park and this did not satisfy the ARF Task Force’s belief that the West U resident’s needs would be met then they could continue to pursue whatever they wanted to suggest but at least it might provide an alternative. Council Member Woods commented that he guessed that that was ok to say but he sees it as the Council expediting utilization of some property that might be suitable for this purpose. A motion was made by Council Member Woods to authorize the City Manager to open discussions with Metro regarding the potential utilization of the Westpark corridor for an animal recreation facility, the operations of which to be determined later. City Manager Michael Ross asked if Council Member Woods wanted to include the other governmental entities or come back to the Council before approaching the County. He stated that the Staff would be going to the County for other requests in the near future. Council Member Segal stated that he would not be in favor of the City trading off County money to be used within the City limits for a dog park on Westpark. Council Member Woods commented that he feels that the County would clearly see that a dog park at that location would serve more than just West University. An amended motion was made by Council Member Woods to authorize the City Manager to open discussions with Metro, Harris County and Center Point Energy regarding the potential utilization of the Westpark corridor for an animal recreation facility, the operations of which to be determined later. The amended motion died for the lack of a second. City Council minutes. Matters related to the minutes of the Regular Session conducted on April 11, 2005 A motion was made by Council Member Segal, seconded by Council Member Fogler, to approve the minutes as amended. 6 City Council Regular Session, April 25, 2005 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 Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of Southside Place, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, City owned properties, potential purchase of property, 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. Mr. Ross reported that the City received notice that effective April 1, 2005 the City of Houston was raising their water rates 3.5% to the cities. The Staff will bring an agenda item to the Council at the next meeting for consideration of passing that increase on to the users. Mayor Ballanfant commented that the Council passed an ordinance seven or eight months ago increasing the water rates. He asked if this was in addition to that earlier increase. st Mr. Ross stated that this increase was April 1. Mayor Ballanfant also inquired about the replacement of the water lines and what affect that has had on the revenues. Mr. Ross stated that the City Staff would bring further information at the next meeting regarding the water consumption, rates and the replacement of water meters. Mr. Ross also reported that the Federal Railroad Administration has published their final rule on the train quiet zones and it will become effective on June 24, 2005. Meetings are now being held with the City of Houston to begin work on an Interlocal Agreement. If everything goes according to plan, the trains will stop blowing their whistles by the end of the year. Mayor Ballanfant reported that there was a meeting of the Multi-City Mayors with Metro and they are going forward with their study of a circulator proposal in this area. 7 City Council Regular Session, April 25, 2005 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 Segal, to adjourn. The Council meeting adjourned at 7:38 p.m. 8