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HomeMy WebLinkAbout041105R CC Min CITY COUNCIL REGULAR SESSION MONDAY, APRIL 11, 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 11, 2005, 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, Parks and Recreation Director, Building Official and City Planner 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 2005 at 11:15 a.m. Formal Session (in the Council Chambers) Easements and Plat of the HISD, West University Place Elementary School property. Matters related to easements and plat of the HISD, West University Place Elementary School property including Ordinance No. 1790. Mayor Ballanfant read the caption of Ordinance No. 1790 as follows: An ordinance abandoning an easement; authorizing a quitclaim deed; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1790, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno reported that the Houston Independent School District (HISD) has submitted a proposed plat of the property at the West University Elementary School, 3756 University Boulevard to the Zoning and Planning Commission. During review of the plat staff discovered that there was a 20? (foot) unrecorded storm sewer, a 60? (foot) utility easement with building restrictions and a waterline that was not entirely in an easement. All of these run from Auden Street to Edloe Street. The 60? (foot) utility easement had no existing utilities in it and HISD is proposing to build a new 2 story building in that area. Staff recommends that both the 20? (foot) unrecorded storm sewer easement and the 60? (foot) utility easement be combined into one 80? (foot) easement. Upon recommendation from the city attorney, an appraiser reviewed the proposed easement exchange. Mike Welch, Integra Realty Resources, performed the appraisal of the easement exchange. He has concluded that the easement exchange is an equivalent City Council Regular Session, April 11, 2005 exchange. Previously Council requested confirmation that the waterline was indeed located in the new proposed easement. Terra Surveying has sent confirmation that the waterline that was marked by city crews is located in the proposed easement location. After consulting with the Fire Chief and the Fire Marshal it was also recommended that the existing private street (Goode Street) be platted as an access easement for emergency ingress or egress. A motion was made by Council Member Segal, seconded by Council Member Farley, to adopt Ordinance No. 1790 on the first and final reading, approve exchange of easements on HISD property and approve Goode Street as an access easement for emergency ingress or egress. 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 Employee Benefits . Matters related to employee benefits including an Interlocal Agreement and Memorandum of Understanding for participation in an exploratory insurance pool. Wendy Standorf, Human Resources/Risk Manager reported that at the March 14, 2005 Regular City Council meeting, Council appointed a Committee to address questions and concerns regarding the Interlocal Insurance Pooling Agreement and the Administrative Operations prior to Council signing the Interlocal Agreement. The Committee has met and addressed several areas of concern. While several administrative details still need to be worked out, the group is comfortable moving forward with the non-binding Interlocal Agreement and the Memorandum of Understanding (which clarifies some of the questions), in order for the City to proceed with the exploratory process. The administrative mechanics relating to the operation of the HGAC-R1 will be worked out simultaneously with the collection of the RFP data requests and presented at a later date and the Committee will be participating in various processes. Mrs. Standorf stated that the staff recommends that City Council authorize the City Manager to execute the HGAC-R1 Interlocal Agreement and the Memorandum of Understanding in order to proceed with the exploratory process with the understanding that the details of the Administrative Operation of the HGAC-R1 will be developed over the next several weeks and brought back to Council. 2 City Council Regular Session, April 11, 2005 Bob Treacy of C-CBS was present at the meeting to answer questions. A motion was made by Council Member Segal, seconded by Council Member Fogler, to authorize the City Manager to execute the Interlocal agreement and the Memorandum of Understanding naming the City of Friendswood as the initial administrative agency for benefits procured through the Interlocal Agreement for H-GAC Region-1 involving the Cities of Friendswood, Dickinson, La Porte, Pearland, Webster, West University Place and including Houston Galveston Area Council; provided that the City Manager (1) reasonably concludes that the other parties to the Interlocal Agreement intend to modify the existing documents to resolve the issues discussed by our study group, and (2) confirms that our City can safely terminate our existing health benefits plan or plans early, without penalty, to join the group plan or plans taking effect before February 1, 2006. 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 Parks and Recreation Master Planning. Matters related to Parks and Recreation Master Planning including a report from the Chair Person of the Task Force regarding recent activity. Nina Springer, Chair of the Parks and Recreation Master Planning Task Force, reported on the progress of the Task Force. She stated that they have focused around two areas. They are reanalyzing a set of objectives for the 2005 revised Parks Master Plan. They are also assessing the data on which they should develop the action plans under the objectives. Dr. Andrew Perkins from Rice University?s MBA has spoken with the Task Force extensively about the different effective ways of getting information regarding community needs. Lateral house lines. Matters related to lateral house lines including Ordinance No. 1792. Mayor Ballanfant read the caption of Ordinance No. 1792 as follows: An ordinance relating to lateral house lines; authorizing a contract and assessment; containing findings and provisions relating to the subject; and declaring an emergency 3 City Council Regular Session, April 11, 2005 Copies of Ordinance No. 1792, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas stated that Ordinance 1792 authorizes a contract for the relocation of water and sewer lateral service lines at 3923 Riley. City Code Section 23.013 (g) provides that the City can handle the relocation of house lines in connection with a project that relocates water and sewer line in the case of unusual hardship or special circumstances. The Finance Department received a request from the resident of 3923 Riley, asking for financial assistance because relocating the house lines would cause an unusual hardship. Staff has documented that the resident?s annual income is below 80% of the Harris County Median income ($24,776 annually) and accordingly is eligible for this program. Staff has also informed the resident in writing that the City will attach a lien to 3923 Riley to secure the cost of relocating the house line and that the terms of the loan made by the City will be five years with simple interest at 6% commencing from when the contractor is paid. The homeowner has consented to this arrangement. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1792 on the first and final reading. 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 Lateral house lines. Matters related to lateral house lines including Ordinance No. 1793. Mayor Ballanfant read the caption of Ordinance No. 1793 as follows: An ordinance relating to lateral house lines; authorizing a contract and assessment; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1793, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that Ordinance 1793 authorizes a contract for the relocation of water and sewer lateral service lines at 3223 Albans. 4 City Council Regular Session, April 11, 2005 The Finance Department received a request from the resident of 3223 Albans, asking for financial assistance because relocating the house lines would cause an unusual hardship. Staff has documented that the resident?s annual income is below 80% of the Harris County Median income ($24,776 annually) and accordingly is eligible for this program. Staff has also informed the resident in writing that the City will attach a lien to 3223 Albans to secure the cost of relocating the house line and that the terms of the loan made by the City will be five years with simple interest at 6% commencing from when the contractor is paid. The homeowner has consented to this arrangement. A motion was made by Council Member Woods, seconded by Council Member Fogler, to adopt Ordinance No. 1793 on the first and final reading. 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 tax refund. Matters related to 2004 ad valorem tax refunds in the amount of $2,630.05 Mr. Thomas reported that Section 31.11 of the Property Tax Code requires approval by the City Council of property tax refunds that exceed $500.00. Occasionally the City receives an overpayment of property taxes. The causes of overpayment vary, but the most common are: Both the taxpayer and the taxpayer?s agent pay the property tax causing a duplicate payment. The taxpayer may issue a check in the wrong amount causing an overpayment. Simple mistakes. A motion was made by Council Member Segal, seconded by Council Member Woods, to authorize the refund of overpaid property taxes totaling $2,630.05 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 5 City Council Regular Session, April 11, 2005 Foundations and a joint meeting with the Building and Standards Commission. Matters related to foundations and a joint meeting with the Building and Standards Commission 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. 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 in order to meet a 2004 City Council goal, 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 Council Member Segal requested that a notice be posted in the Building Department notifying the builders of the proposed changes. Building Official Dennis Mack stated that all of the contractors that work in the City were invited to public hearings on the proposed changes and have been notified in writing. 6 City Council Regular Session, April 11, 2005 A motion was made by Council Member Farley, seconded by Council Member Woods, to adopt Ordinance No. 1791 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and Fogler Voting Nay: None Absent: None Abstain: Council Member Woods City Council minutes. Matters related to the minutes of the Regular Session conducted on March 28, 2005 A motion was made by Council Member Fogler, seconded by Council Member Segal, to approve the minutes as amended. 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 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. City Manager Michael Ross reported that a draft set of technical specifications for streetlights have been sent to Center Point Energy for their review. He also reported that the Staff met with a consulting firm called Red Moon to discuss wireless and broadband internet service. The City Manager of Addison will send the Staff a copy of their request for proposals as a starting point. Mr. Ross also reported that he contacted Metro and they are willing to consider the Westpark corridor between Weslayan and Edloe for the location of an animal recreation facility. 7 City Council Regular Session, April 11, 2005 Mayor Ballanfant inquired about the effective date of the quiet zone regulations. Mr. Ross stated that the date is July 1, 2005. The City can apply for the establishment of quiet zone regulations 30 days after that date. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Segal, seconded by Council Member Fogler, to adjourn. The Council meeting adjourned at 7:12 p.m. 8