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HomeMy WebLinkAbout091007R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, SEPTEMBER 10, 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 September 10, 2007, with the following members present: Mayor Kelly presiding, Council Members Fry, Guffey and Talianchich. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Police Chief and Finance Director were also present. Council Member Cohen was absent The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 7 day of September 2007 at 12:30 p.m. Special Session Park Property Matters related to the purchase, exchange, lease or value of real property for park purposes. At this point in the meeting, the Mayor publicly announced that a closed, executive session would be held and identified the section of the Open Meetings Law under which the meeting would be held. Closed Executive Session to be held under Section 551.072 (purchase, exchange, lease or value of real property), Texas Government Code. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov, Parks and Recreation Board members Russ Schulze and Dave Agerton and Park Acquisition Sub-Committee Member Ramsay Elder to attend the Executive Session because their presence is necessary for the Council?s consideration of the issues. After the announcement, the City Council conducted a closed, executive session beginning at 6:02 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:22 p.m. Building Permitting Process Matters related to a review of the building permitting process. City Council Regular and Special Session, September 10, 2007 Council Member Michael Talianchich requested that the Council allow him to work with the Building Official and City Planner to conduct a study on the permitting process. Council Member Fry stated that as a quality assurance and customer service that the process should be reviewed to see if the system could be improved. There are a number of builders the Staff is comfortable with and they could see if there is a way to make the process more efficient and less time consuming. Council Member Talianchich should be the Council liaison. Council Member Talianchich suggested, as a starting point, that the builders in the area be asked to come to a meeting with Staff and give their suggestions. The City Staff agreed and will bring a report to Council by the end of the year. A motion was made by Council Member Fry, seconded by Council Member Guffey, to adjourn the Special Session. 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 6:32 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. Bruce Watkins, 4220 Ruskin, requested that the speed hump on Ruskin be re-installed. He stated that the City did not need a citywide policy on speed humps. Erin Hoffman, 4212 Ruskin, also requested that the speed hump on Ruskin be re-installed. She stated that their area on Ruskin had 21 children under the age of 16. Mayor Kelly asked if the residents in the area would be willing to pay for the replacement of the speed hump. Mrs. Hoffman stated that she felt that her neighbors would be willing to take up a collection to repair or replace the speed hump. 2 City Council Regular and Special Session, September 10, 2007 Lisa O?Connor, 4210 Ruskin, stated that during the time she has lived on Ruskin, the traffic has increased tremendously. The new entrance to the Recreation Center has opened up and people use Ruskin Street to park. She requested that the City replace the speed hump. Speed humps. Matters related to speed humps, including but not limited to a City-Wide Policy and the 4200 Block of Ruskin. Assistant City Manager/Public Works Director Chris Peifer reported that the City currently has no formal policy regarding the installation of speed humps. The recent failure and removal of the Ruskin speed hump has raised questions concerning this issue and whether there should be a policy regarding speed humps in the City. As the Ruskin location was the City?s sole speed hump and was approved in August 2001 without the benefit of a policy, staff determined that defined policies and procedures in consideration of traffic calming devices of this nature would be of benefit to both the City as well as its residents. The draft policy discusses the roles and responsibilities of the City and the neighborhoods that are requesting a speed hump. The following is summary of the proposed requirements to install a speed hump: 1. Average Daily Traffic (ADT) of 500 ? 5,000 vehicles to determine City?s level of participation in cost; th 2. 85 percentile of speed on street shall be at least 5 m.p.h. over the posted limit; 3. 70% approval of residents located along the section of roadway and 100% approval of residents within 50 feet of proposed speed hump; 4. Located only on paved residential streets; 5. Posted speed limit of 30 m.p.h. or less; 6. Not located within 200 feet of stop signs or a traffic signal; 7. Drainage shall not be compromised due to the installation of a speed hump; and 8. Data collection cost are the responsibility of the requesting neighborhood. Staff does not recommend speed humps as a method of speed control in the City of West University Place. Police enforcement is always the better solution as opposed to permanent fixtures in public roadways when possible. However, if Council decides that speed humps should be used in West U, Staff recommends adoption of the attached policy in order to establish a comprehensive approach to guide Staff through implementation. The speed hump in the 4200 Block of Ruskin does not meet any of the necessary criteria th (Average Daily Trips/Volume = 306 max.. and 85 percentile speed = 22 mph) for ADT installation and the City?s Traffic Engineer and Staff do not recommend installing a speed hump at this location. However, this location was approved by City Council in August 2001 and Staff recommends the City Council approve one of the following actions: 3 City Council Regular and Special Session, September 10, 2007 1. Reaffirm the permanent installation of a speed hump in the 4200 Block of Ruskin; or 2. Approve the permanent removal of this speed hump since it does not meet the necessary warrants for installation. Mr. Peifer commented that if Council wished to permanently install the speed hump, then Staff would recommend looking at an asphalt application rather than a concrete one. Council Member Guffey inquired about the cost of an asphalt speed hump. Mr. Peifer stated that the prefabricated units are approximately $5,000 and the Staff estimates the asphalt installation to be about $3,500. Council Member Fry asked about the liability issues. City Attorney Alan Petrov commented that speed humps are generally traffic calming devices and if you put them in where they are not justified you can have potential problems. In this situation you have a history of having a speed hump at this particular location so there may not be a liability issue with repairing or replacing the one that was there previously. The City can help insulate itself from liability if there is a policy with respect to whether you will or will not put in speed humps. The speed hump on Ruskin would predate any policy. Mayor Kelly commented that the residents on Ruskin have had the speed hump for at least six years and it probably adds some comfort to the people that live on that street. He asked if the Council felt the residents should pay for the installation of a permanent speed hump since the City is really not looking at this as a traffic-calming device for the entire City. Council Member Guffey commented that the residents on Ruskin pay a lot of taxes and $3,500 is minimal so he felt that the City should provide the speed hump. Council Member Talianchich stated that there are two issues and they should be separated. The first being should there be a speed hump and second who is going to pay for it. A motion was made by Council Member Guffey, seconded by Council Member Fry, to replace the speed hump with asphalt. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry and Guffey Voting Nay: Council Member Talianchich Absent: Council Member Cohen The motion passed 3-1. A motion was made by Council Member Guffey that the City should pay for the speed hump. 4 City Council Regular and Special Session, September 10, 2007 The motion died for lack of a second. A motion was made by Council Member Fry, seconded by Council Member Talianchich, that if the citizens of Ruskin Street want a speed hump then they should support it by paying for it. A vote was taken on the motion with the following result: Voting Aye: Mayor Kelly, Council Members Fry and Talianchich Voting Nay: Council Member Guffey Absent: Council Member Cohen The motion passed 3-1. A motion was made by Council Member Fry, seconded by Council Member Guffey, to table the consideration of a speed hump policy. 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. Zoning and Planning Commission. Matters related to the Zoning and Planning Commission including Resolution No. 2007-09 appointing members. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-09 appointing members to the Zoning and Planning Commission. 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. Zoning Board of Adjustment. Matters related to the Zoning Board of Adjustment including Resolution No. 2007-10 appointing members. 5 City Council Regular and Special Session, September 10, 2007 A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-10 appointing members to the Zoning Board of Adjustment. 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. Building and Standards Commission. Matters related to the Building and Standards Commission including Resolution No. 2007-11 appointing members. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-11 appointing members to the Building and Standards Commission. 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. Recycling and Solid Waste Reduction Board. Matters related to the Recycling and Solid Waste Reduction Board including Resolution No. 2007-12 appointing members. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-12 appointing members 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, Guffey and Talianchich Voting Nay: None Absent: Council Member Cohen The motion passed 4-0. 6 City Council Regular and Special Session, September 10, 2007 Senior Services Board. Matters related to Senior Services Board including Resolution No. 2007-13 appointing members. A motion was made by Council Member Guffey, seconded by Council Member Fry, to approve Resolution No. 2007-13 appointing members to the Senior Services Board. 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. Parks and Recreation Board. Matters related to the Parks and Recreation Board including Resolution No. 2007-14 appointing members. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-14 appointing members to the Parks and Recreation Board. 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. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2007-15 reappointing members to the Board. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-15 appointing members to the Friends of West University Place Parks Fund. 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 7 City Council Regular and Special Session, September 10, 2007 The motion passed 4-0. Municipal court personnel. Matters related to municipal court personnel including Resolution No. 2007-16 appointing Judges and Deputy Court Clerks. A motion was made by Council Member Fry, seconded by Council Member Talianchich, to approve Resolution No. 2007-16 appointing Judges and Deputy Court Clerks. 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. Water rates. Matters related to water rates and other fees including Ordinance No. 1852. Mayor Kelly read the caption of Ordinance No. 1852 as follows: An ordinance relating to water rates; amending the fee schedule of Code of Ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1852, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that a significant increase in the rate charged by the City of Houston for treated surface water took effect on September 1, 2007. Water and sewer rates need to be increased if this added cost is to be passed on to the final customer. Ordinance 1852 increases fees associated with water and sewer service 10% to provide revenues to fund the current City of Houston rate increase and also to fund another 3% rate increase expected on April 1, 2008. If approved, the increase would appear on October bills, which reflect consumption through September 30. Staff recommends the adoption of Ordinance 1852, increasing water and sewer rates 10%. 8 City Council Regular and Special Session, September 10, 2007 A motion was made by Council Member Fry, seconded by Council Member Talianchich, to adopt Ordinance No. 1852 on the first reading. 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. College Street Improvement Project. Matters related to the College Street Improvement Project including an Interlocal Agreement with the City of Southside Place. City Manager Michael Ross reported that the Interlocal Agreement describes how the costs will be divided between the City of West University Place and the City of Southside Place on the above project. Southside Place City Council approved the agreement at their August 28, 2007 meeting. A motion was made by Council Member Fry, seconded by Council Member Guffey, to approve the Interlocal Agreement between the City of Southside Place and the City of West University Place relating to the College Street Improvement Project. 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. Houston-Galveston Area Council. Matters related to the Houston-Galveston Area Council including designating a representative and an alternate to the General Assembly. A motion was made by Mayor Kelly, seconded by Council Member Talianchich, to appoint Council Member Fry as the City?s representative to the Houston-Galveston Area Council General Assembly and Council Member Guffey as the alternate. 9 City Council Regular and Special Session, September 10, 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. Harris County Appraisal District. Matters related to Harris County Appraisal District and its Board of Directors including Resolution No. 2007-08. Mayor Kelly read the caption of Resolution No. 2007-08 as follows: A resolution of the City Council of the City of West University Place, Texas nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District. City Secretary Kaylynn Holloway reported that the Chief Appraiser of the Harris County Appraisal District is requesting a nomination for a director of the Board of Directors to represent the City Councils of the cities other than Houston. This nomination must be submitted by October 15, 2007. The memorandum details the process for appointing to the Harris County Appraisal District?s Board of Directors. Each city and town has the right to nominate a single candidate for the position but is not obligated to do so. The ultimate vote for one of the nominees is December 17, 2007. A motion was made by Council Member Guffey, seconded by Council Member Fry, to approve Resolution 2007-08 nominating Dick Yehle to represent the City of West University Place on the Harris County Appraisal District Board of Directors. 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. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on August 27, 2007 and Special Sessions conducted on September 4 and 5, 2007. 10 City Council Regular and Special Session, September 10, 2007 A motion was made by Council Member Fry, seconded by Council Member Guffey, to approve the minutes of August 27 and September 4 and 5, 2007 as presented. 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. Council Reports There were not any reports given at this time. City Manager Report There were not any reports given at this time. Adjournment A motion was made by Council Member Fry, seconded by Council Member Talianchich, to adjourn the Regular Session. 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 City Council adjourned the Regular Session at 7:18 p.m. 11