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HomeMy WebLinkAbout081301R CC Min CITY COUNCIL REGULAR SESSION MONDAY, AUGUST 13, 2001 MUNICIPAL BUILDING COUNCIL CHAMBERS 3800 UNIVERSITY BOULEVARD 7:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers on August 13, 2001, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Fire Chief, Police Chief, Finance Director, Public Works Director and Assistant City Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 10 of August 2001 at 4:00 p.m. Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Hal Collins, 3212 Albans, stated that the City Council had agreed during the last session to narrow the pavement and median by 3 feet where the trees exist in front of his home. He requested that the entire street be narrowed in order to make the street architecturally correct. He stated that if money were a factor he would pay the additional $1,200. Kelley Lubank, 6427 Buffalo Speedway, opposed the installation of an esplanade on Buffalo Speedway. Andrea Morey, 6617 Buffalo Speedway, opposed the installation of an esplanade on Buffalo Speedway because parking was already a problem on the street. Don Breeding, 3834 Southwestern, commented that his street had a localized problem with flooding. He stated that with only one inch of rain in 30 minutes caused the water to be over the curb. Charles Hurd, 3215 Albans, requested the council to narrow Albans Street and not just around the trees. Al Alsup, 6104 Mercer, opposed the no parking restrictions on Mercer. He requested that parking be restricted only on one side of the street or to make the street one-way. Rick Weiss, 6536 Buffalo Speedway, opposed the installation of an esplanade on Buffalo Speedway. He stated that an esplanade would force cars closer to the curb where they would hit the flood drains. City Council Regular Session, August 13, 2001 2002 Compaq Houston Marathon. Matters related to the 2002 Compaq Houston Marathon scheduled for January 20, 2002. David Hannah, the Race Director for the marathon and John Stokes a resident at 2920 Rice were present at the meeting. Mr. Stokes reported that the 2002 marathon was the th 30 anniversary of the marathon. A motion was made by Council Member May, seconded by Council Member Griffin, to authorize the 2002 Marathon to use the streets of West University Place after filing the necessary permits. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Resolution for Broker/Dealer Agreement. Matters related to Resolution No. 2001-11. Mayor Lewis read the caption of Resolution No. 2001-11 as follows: A resolution approving brokers from which the City would purchase investments; authorizing a letter agreement; and containing findings and provisions relating to the subject Finance Director Walter Thomas reported that the State and City ordinances require that all brokers/dealers that the City purchases securities from be approved by City Council. Currently there are three approved broker/dealer firms, Merrill Lynch, NBC Bank and Coastal Securities. From time to time the City sends a request for information, including financial data, references, sales volume, and supervision, to all broker/dealers that have expressed an interest in providing investment services. The City also requires each firm to certify that it has read and understands the City’s investment policy. Further, each firm is also required to certify that it will not offer the City any investments that do not meet the criteria established in the investment policy Three of the recommended brokers (Merrill Lynch, NBC Bank and Coastal Securities) have been providing services to the City for several years. Morgan Stanley Dean Witter & Co. has also expressed an interest in providing those services. 2 City Council Regular Session, August 13, 2001 A motion was made by Council Member Jackson, seconded by Council Member May, to approve Resolution 2001-11 naming Merrill Lynch, Coastal Securities, NBC Bank and Morgan Stanley Dean-Witter as broker/dealers for the City. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Ordinance relating to Board and Commission members. Matters related to the first reading of Ordinance No. 1686. Mayor Lewis read the caption of Ordinance No. 1686 as follows: An ordinance relating to boards, commissions and committees; 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. 1686, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty reported that he had a marked copy of Ordinance No. 1686 that shows the amendments that were suggested in Special Session. Mr. Dougherty reviewed the suggested amendments. Section 2 of the adopting ordinance would include an exception to say “the new term limits do not apply to persons now holding office until the effective date”. Other amendments include changing the name of the Senior Services Board to Adult Services Board and the number of members from 15 to 11, changing the Public Safety Board from 9 positions to 7 positions, and changing Section 2.012(a) to apply to not only permanent board and commissions but to other committees and task forces . A motion was made by Council Member Jackson, seconded by Council Member Farley, to adopt Ordinance No. 1686 on the first reading in the alternate version, with the “critical need” exception, and with the amendments as requested. Council Member Griffin commented that she wanted to voice her opposition in the redundancy of Ordinance 1686 because the Boards already have term limits, so to speak, in that the City Council can appoint or not appoint anybody to any board every term that they come into office. Council Member Griffin stated that she would like to strike the proposed amendment to decrease the number of members of the Adult Services Board from 15 to 11. Members of 3 City Council Regular Session, August 13, 2001 the Board have voiced their opposition to lowering the number of volunteers because some members do more than others and absences occur due to illness. An amended motion was made by Council Member Jackson, seconded by Council Member Farley, to leave the number of positions on the Adult Services Board to 15. A vote was taken on the motion and amended motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Jackson Voting Nay: Council Member Griffin Absent: None The motion carries 4 to 1. Municipal Court Technology Fund. Matters related to the first and final reading of Ordinance No. 1689 Mayor Lewis read the caption of Ordinance No. 1689 as follows: An ordinance relating to Municipal Court fees and costs; 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. 1689, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that during the last session of the State Legislature, the Texas Code of Criminal Procedure Statute was amended to authorize a $4 fee to fund computers, scanners, and other technology for the court systems. Currently, the cost of technology for Municipal Court is funded through General Fund Revenues. This fee would provide additional revenue to offset that cost at an estimated $20,000 annually. In order to assess this fee, the proceeds must be placed in a separate Court Technology Fund. A motion was made by Council Member Griffin, seconded by Council Member Jackson, to adopt Ordinance No. 1689 on the first and final reading authorizing a Court Technology Fee and a Court Technology Fund. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 4 City Council Regular Session, August 13, 2001 Ordinance establishing ADA grievance procedures. Matters related to the first reading of Ordinance No. 1690. Mayor Lewis read the caption of Ordinance No. 1690 as follows: An ordinance relating to disabilities; 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. 1690, in the form proposed for adoption, were available in the Council Chambers. City Manager Sherman Yehl reported that the ADA gives civil rights protections to individuals with disabilities that are similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. Title II of ADA mandates that people with disabilities must have an equal opportunity to participate in and benefit from a city’s programs, services, and activities. To maintain compliance, West U needs to establish a formal ADA grievance procedure through which the city can be made aware of complaints related to its compliance with ADA and can take steps to resolve such complaints. The proposed procedure includes three steps: 1. The grievant files a complaint with the ADA coordinator. 2. The grievant may appeal unresolved complaints to the Building and Standards Commission. 3. The grievant may appeal still unresolved complaints to the City Council for a final determination. Dennis Mack, Chief Building Official, has been appointed the ADA coordinator. The Building and Standards Commission approved its participation in step two at its July 12, 2001, meeting. A motion was made by Council Member Farley, seconded by Council Member Griffin, to adopt Ordinance No. 1690 on the first reading establishing an ADA grievance procedure. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 5 City Council Regular Session, August 13, 2001 Noise ordinance. Matters related to the first reading of Ordinance No. 1691. Mayor Lewis read the caption of Ordinance No. 1691 as follows: An ordinance amending the Zoning Ordinance of the City of West University Place, Texas regarding noise of mechanical equipment; amending Chapter 15 of the Code of Ordinances regarding noise; and containing findings and provisions relating to the subject Copies of Ordinance No. 1691, in the form proposed for adoption, were available in the Council Chambers. Public Works Director Ed Menville reported that on July 23, 2001, the Zoning & Planning Commission and the City Council held a joint public hearing on a proposed zoning amendment to increase sound emission levels of air conditioning units projecting into side or rear yards from 7.0 bels to 7.4 bels. After the joint public hearing, the Commission reconsidered the proposed amendment and determinedthe technical details for measurement of the noise levels should be incorporated into Chapter 15, the City’s noise ordinance. The proposed change to Chapter 15 will adopt a 70dB(A) level for all mechanical equipment at the property line and require the use of a sound-measuring device. This proposal appears to have general support from mechanical contractors, who had raised objections to the installation of a/c units certified at both 7.0 bels and 7.4 bels. On August 8, 2001 the Zoning & Planning Commission formally approved the change outlined above. In addition, staff completed a comprehensive review of Chapter 15 and has proposed several other changes: 1. Declared loud noises from any vehicle or portable source to be in violation of the ordinance, 2. Clarified and defined the wording “plainly audible”, 3. Made it an affirmative defense if an outdoor event is registered, with registration limiting the event to two hours during residential quiet time, 4. Detailed the technical method of sound level measurements. A motion was made by Council Member May, seconded by Council Member Griffin, to adopt Ordinance No. 1691 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 6 City Council Regular Session, August 13, 2001 Private Green space. Matters related to the first reading of Ordinance No. 1692. Mayor Lewis read the caption of Ordinance No. 1692 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas regarding vineyards, gardens and other private green space; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1692, in the form proposed for adoption, were available in the Council Chambers. Mr. Menville reported that Ordinance No. 1692 amends Table 7-1 which allows vineyards, gardens, landscaping, private playgrounds in all districts without special approval. Case by case approval by the Zoning Board of Adjustment would be required for buildings and some structures. The ZBA could also authorize different yards or setbacks within this particular amendment. A motion was made by Council Member Griffin, seconded by Council Member May, to approve Ordinance No. 1692 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Feasibility Study. Matters related to authorizing the City Manager to execute a professional services contract for a feasibility study of the Police Department Building. Police Chief Kevin Begley stated that in response to concerns about structural problems with the Police Department building as well as a lack of office and storage space, Council appropriated funds to conduct a study of the building. Several architectural firms were interviewed in order to determine the one best qualified to perform this study. It was determined that Brinkley Sargent Architects of Dallas would best meet the needs of the City based on their knowledge and related experience. Their proposed fee is within the budget for the project and they will be able to produce a comprehensive report to Council within approximately 90 days. The cost of the study is $25,000. A motion was made by Council Member Farley, seconded by Council Member Jackson, to authorize the City Manager to execute a professional services agreement with Brinkley Sargent Architects to conduct the feasibility study of the Police Department building. 7 City Council Regular Session, August 13, 2001 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Priority Area 2 drainage study. Matters related to a proposal to perform a drainage study in Priority Area 2. Mr. Menville reported that due to the recent heavy rains and the resultant flooding in the 3800 – 3900 blocks of Southwestern, several residents of this area requested a study be undertaken to identify improvements or changes in the storm sewer system that could help prevent such an event from happening in the future. They noted that at the intersection of Southwestern Street and College Avenue storm sewer inlets do not exist and believe this was the cause of flooding. They subsequently asked Council to authorize the hydraulic study of this area. Claunch & Miller, Engineers Inc., the city’s consulting engineer, has prepared a proposal to perform the study. Cost of the study is estimated to be $48,965 and is estimated to take 90 days to complete. Funds were not provided for this project in the 2001 budget and approval would require a budget amendment. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to authorize a hydraulic study of the area bounded by University Blvd., Weslayan St., Bellaire Blvd. and South Side Place, using the City’s consulting engineer Claunch & Miller, Engineers Inc. at a cost of $48,965. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on July 23 and Special Session conducted on July 28, 2001 A motion was made by Council Member May, seconded by Council Member Jackson, to approve the minutes as presented. 8 City Council Regular Session, August 13, 2001 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Council comments. Council Member Griffin reported on a conference that she attended with the Texas Municipal League, Region14 in Galveston, Texas. Mayor Lewis welcomed Public Works Director/Assistant City Manager Michael Ross to the staff. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Jackson, seconded by Council Member May, to adjourn. The Regular Session adjourned at 8:25 p.m. 9