HomeMy WebLinkAbout072505R CC Min
CITY COUNCIL REGULAR AND WORKSHOP SESSION
MONDAY, JULY 25, 2005
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular and Workshop Session in the Municipal Building
(3800 University Blvd.) on July 25, 2005, with the following members present: Mayor
Ballanfant presiding, Council Members Cohen, Segal and Yehle. The City Manager, City
Attorney, City Secretary, Assistant City Manager/Public Works Director, City Planner,
Public Works Coordinator, Finance Director and Assistant to the City Manager were also
present. Council Member Woods was absent.
The notice for this meeting was posted in accordance with the Texas Government Code,
st
Chapter 551, on the 21 day of July 2005 at 4:50 p.m.
Formal Session (in the Council Chambers)
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come
forward as their names were called.
Gail Rosenthal, 2611 Cason, distributed pictures of the house fire in the 2600 block of
Werlein. She stated that nothing had been done to clean up the condition of the property
and that it was a health hazard. She requested that the City Staff contact the owners and
require them to clean up their property.
Lateral house lines.
Matters related to lateral house lines including Ordinance No. 1795.
Mayor Ballanfant read the caption of Ordinance No. 1795 as follows:
An ordinance relating to lateral house lines; authorizing payment and issuance of a
certificate; providing for assessment and lien; containing findings and provisions relating
to the subject; and declaring an emergency.
Copies of Ordinance No. 1795, in the form proposed for adoption, were available in the
Council Chambers.
Walter Thomas, Finance Director reported that 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 lines in the case of unusual hardship or special circumstances.
City Council Regular Session, July 25, 2005
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.
In a Council Meeting held on April 11, 2005, the City Council authorized staff to proceed
with relocating the water and sewer lateral lines at 3923 Riley under the terms of this
program. Since that time, Strutton Plumbing Company, Inc. has completed the work to
both the City?s and the resident?s satisfaction. The remaining and last step is to authorize
payment to the contractor and assess the lien against the property.
A motion was made by Council Member Segal, seconded by Council Member Cohen, to
adopt Ordinance 1795 on the first and final reading authorizing payment to Strutton
Plumbing Company, Inc. in the amount of $1,975.00 and providing for the assessment of
a lien against 3923 Riley in the same amount.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, and
Yehle
Voting Nay: None
Absent: Council Member Woods
Quiet Zone along the Union Pacific Rail Line.
Matters related to the establishment of a quiet zone along the Union Pacific Rail Line
including an Interlocal Agreement between the City of Houston, the City of Bellaire and
the City of West University Place.
City Manager Michael Ross reported that for some time, the Cities of Houston, Bellaire
and West University Place have been discussing an interlocal agreement relating to a
?quiet zone? along the Union Pacific Railroad tracks. To keep the project on track and on
schedule, Houston has been working closely with the Federal Railroad Administration
(FRA) to meet the FRA?s regulatory requirements. Houston has also designed traffic
control improvements for all of the affected crossings, including Bissonnet and Bellaire,
and has received bids for the initial installation work. Both bids were over $180,000.
However, a contract has not been awarded, pending the approval of the proposed tri-city
interlocal agreement.
The main focus of the interlocal agreement has been cost sharing. After several rounds
of negotiations, the Bellaire and West University representatives agreed to recommend to
their respective councils a one-time, lump-sum payment of $63,000 each, but only if that
payment would cover not just initial installation but also maintenance, repair and
replacement for the length of the agreement. The agreement is indefinite in length?it
2
City Council Regular Session, July 25, 2005
runs until one city council decides to terminate and gives 120 days? advance notice of
termination to the other cities.
The agreement requires payment in advance, before the FRA approves the quiet zone.
The purpose for this is to avoid delay, as Houston proposes to start work on the
improvements as soon as possible. Houston representatives have indicated a high level of
confidence that the FRA will approve the quiet zone. However, there is no assurance that
this will occur.
Mr. Ross stated that the 2006 Budget appropriated $25,000 for this project in the Capital
Improvement Fund however there are additional funds that could be used from the street
light budget.
The City Council expressed concerns over the City of Houston?s long-term commitment
to maintenance and the possible liability issues. They also discussed the equity of the
split between the three cities. After a complete discussion of this item, the City Council
asked the Staff to express its concerns to the representatives from Houston and Bellaire
and report back at the next meeting.
A motion was made by Council Member Cohen, seconded by Council Member Yehle, to
table consideration of this item until the next meeting.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, and
Yehle
Voting Nay: None
Absent: Council Member Woods
Boards, commissions, etc.
Matters related to Boards, Commissions, Committees and Task Forces (and the board of
the Friends of West University Parks Fund, a non-profit corporation) including new
appointment procedures, duties, proposed restructuring and consolidation and related
matters.
Kaylynn Holloway, City Secretary reported that she would be sending letters to each of
the Board and Commission members to inquire if they are interested in reapplying for a
volunteer position.
The City Council requested that a notice seeking volunteers be placed in the water bills
and that the application be made available on the City?s website. The deadline for
receiving applications will be September 15, 2005.
3
City Council Regular Session, July 25, 2005
City Council minutes.
Matters related to the minutes of the Special Session conducted on July 9, 2005 and
Regular and Special Session conducted on July 11, 2005.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to
approve the minutes of the meetings conducted on July 9 and July 11, 2005 as amended.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, and
Yehle
Voting Nay: None
Absent: Council Member Woods
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 on the status of the incomplete work in Priority Areas 9, 10 and 11B.
He stated that the Bonding Company would be negotiating for the completion of the
work.
The City Council recessed the Regular Session at 7:32 p.m. and reconvened in Workshop
Session at 7:39 p.m.
Workshop Session (in the Bill Watson Conference Room)
3936 Marlowe Street; Weslayan Street.
Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from
Bissonnet Street to Bellaire Boulevard), including easement or right-of-way matters,
house under construction, legal defense, permits, administrative proceedings, pending or
contemplated litigation or a settlement offer, and purchase, exchange, lease or value
of real property and related issues.
4
City Council Regular Session, July 25, 2005
Present at the meeting were Mayor Ballanfant, Council Members Cohen, Segal and
Yehle.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to
allow City Attorney Jim Dougherty, City Manager Michael Ross, City Secretary Kaylynn
Holloway, Assistant City Manager/Public Works Director Ron Wicker, City Planner Nes
Tesno and Special Counsel Mark Breeding to attend the Executive Session because their
presence is necessary for the Council?s consideration of the issues.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and
Yehle
Voting Nay: None
Absent: Council Member Woods
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 Sections 551.071 and 551.072, Texas
Government Code.
After the announcement, the City Council conducted a closed, executive session
beginning at 7:40 p.m.
After the closed, executive session, the Mayor announced, in open session, that the City
Council had concluded its closed, executive session at 8:40 p.m.
Mayor Ballanfant called for a motion.
A motion was made by Council Member Segal, seconded by Council Member Cohen, to
authorize the attorneys to negotiate a Rule 11 Agreement and authorize the City Manager
to assist in implementing the Agreement providing for the installation of windows and
doors for weather protection and security and for the boarding of such windows and
doors, agreed-upon restrictions on photos, other evidence, etc. and a tolling agreement for
permits (which may be conditional).
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and
Yehle
Voting Nay: None
Absent: Council Member Woods
5
City Council Regular Session, July 25, 2005
Infrastructure work in Priority Areas 9, 10, and 11B.
Matters related to infrastructure work in Priority Areas 9, 10 and 11B including related
contracts, agreements, surety bonds, completion, phasing, planning, etc.
The City Council discussed the completion of the work in Priority Area 9. They
requested that the Staff send out notices to the residents in the area.
The City Council also discussed an emergency contract for the repair of safety hazards
around the elementary school.
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 Cohen, to adjourn.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and
Yehle
Voting Nay: None
Absent: Council Member Woods
The Council meeting adjourned at 9:10 p.m.
6