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HomeMy WebLinkAbout092605R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, SEPTEMBER 26, 2005 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Regular and Special Session in the Municipal Building (3800 University Blvd.) on September 26, 2005, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, City Planner, Police Chief, Parks and Recreation Director and Assistant to the City Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, st Chapter 551, on the 21day of September 2005 at 4:30 p.m. Infrastructure work in Priority Areas 9, 10, and 11B. Matters related to infrastructure work in Priority Areas 9, 10 and 11B including authorizing and approving an agreement with St. Paul Travelers, related contracts, agreements, surety bonds, completion, phasing, planning, etc. City Manager Michael Ross gave the Council an update on the emergency work being performed by Metro City Contractors. He stated that the Staff hoped to have the final Tri-Party Agreement relating to the remaining work to the Council at the next meeting and then it will be sent to the Bonding Company for their review. 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. City Attorney Jim Dougherty reported that a hearing involving the above property is set for October 14, 2005. City Attorney. Matters related to the appointment, employment, evaluation, reassignment, or duties of a public officer or employee. City Council Special and Regular Session, September 26, 2005 A motion was made by Council Member Segal, seconded by Council Member Yehle, to allow City Manager Michael Ross and City Secretary Kaylynn Holloway 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, Woods and Yehle Voting Nay: None Absent: None 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 551.074 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 5:40 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:08 p.m. City finances, facilities, programs, 2005 tax rate and the 2006 Budget. Matters related to city finances, facilities, programs, 2005 tax rate and the 2006 Budget including revenues and expenditures for current and future years for all funds, and capital improvements, priorities and related programs and expenditures, including recreation facilities, parkland and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, traffic and parking and other public improvements. Mr. Ross presented a brief overview of the proposed 2006 Budget. He stated that the proposed Budget: ?Is sound and follows established Budget and Financial Policies of the City, ?Reduces full-time equivalents from 120 to 119 while improving customer service, ?Maintains Operating reserves, ?Maintains current levels of service, ?Provides merit increases: a) 3% (average) increase for most staff, and b) a 2.7% CPI increase for police and fire staff, ?Maintains a maximum 10% increase in the cost of employee health benefits, ?Reduces the tax by 1.1 cent per $100 assessed valuation to 42.9 cents / $100 assessed valuation 2 City Council Special and Regular Session, September 26, 2005 ?Does not propose a fee increase to the Water Fund, but it may be necessary in the future to offset any increased operating cost, ?Does not propose a fee increase for solid waste service, and ?Completes the long-awaited Infrastructure Replacement Projects. The City Council recessed the Special Session at 6:38 p.m. and convened in Regular Session. 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. Yvonne Jacobs, 2831 Jarrard, spoke to the City Council about the Memorandum of Understanding with the Tri-Sports Association. She asked that the Agreement be amended to include a designated liaison from the Association that would be responsible for their recycling materials. Proclamation for Fire Prevention Week. Matters related to a proclamation recognizing Fire Prevention Week for the week of October 9-15, 2005. Fire Captain Tim Gosnell stated that in an effort to battle home fires they start in before West University Place, the Fire Department is taking a lead role in the NFPA?s Fire Prevention Week, October 9-15, 2005. The Department is visiting local schools and hosting activities/events at the station to provide entertaining but informative information to educate the public on fire prevention methods. These simple efforts will raise the public?s awareness of candle safety, as well as, other key fire safety issues to prevent fires and fire related injuries. A motion was made by Council Member Woods, seconded by Council Member Cohen, to approve the Proclamation for Fire Prevention Week. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Record Vote on 2005 Tax Rate. Matters related to a record vote on the 2005 Tax Rate including Resolution No. 2005-12. 3 City Council Special and Regular Session, September 26, 2005 Mayor Ballanfant read the caption of Resolution No. 2005-12 as follows: A resolution proposing a tax rate and scheduling public hearings; and containing findings and provisions relating to the subject. Finance Director Walter Thomas reported that the State of Texas requires all political subdivisions who levy an to publish notices and hold public hearings if ad valorem tax they intend to increase the amount of property tax revenue over the prior year?s property tax revenue. This requirement does not distinguish between increased property tax revenues due to increased assessed values or increased revenues caused by an increase in the property tax rate. The proposed budget is based on a property tax rate of 42.90 cents per $100 assessed valuation and the City is required to publish notices and hold public hearings since this rate is above the Effective Tax Rate (41.98 cents per $100 assessed valuation). If the City adopted a rate below the Effective Tax Rate it would not be required to publish notices or hold public hearings. The proposed tax rate of 42.90 cents is 1.1 cent per $100 assessed valuation decrease from the prior year?s property tax rate of 44 cents per $100 assessed valuation and is below the roll back rate of $43.56 cents per $100 valuation and does not trigger the ?roll back? provision of the Property Tax Code. To comply with State Law, Council must take a record vote on the tax rate and set two public hearing dates. The suggested meeting dates are October 10, 2005 and October 17. 2005. Mayor Ballanfant suggested that the proposed tax rate be rounded to $.43 per $100 valuation. Council Member Woods stated that the Council should keep the tax rate the same as suggested by the City Staff. Following a discussion of this item, a motion was made by Mayor Ballanfant, seconded by Council Member Segal, to set the proposed tax rate at $.43 per $100 valuation. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: Council Member Woods Absent: None The motion passed 4-1. 4 City Council Special and Regular Session, September 26, 2005 A motion was made by Council Member Yehle, seconded by Council Member Segal, to adopt Resolution No. 2005-12 setting the dates for the public hearings and setting the proposed tax rate at $.43 per $100 valuation. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle Voting Nay: Council Member Woods Absent: None The motion passed 4-1. Memorandum of Understanding for Youth Sports Program. Matters related to a Memorandum of Understanding between the City of West University Place and the West University Tri-Sports Association. Parks and Recreation Director Tim O?Connor stated that since the early 1990?s, the City of West University Place and Tri-Sports Association have worked together to provide quality recreational programs to the community. As an additional step to improve the quality of service to the residents through this program, attached is a Memorandum of Understanding (MOU) between the City and Tri-Sports. This MOU was a collaborative effort between the Tri-Sport Board of Directors and City Staff and it defines the roles and expectations for both parties The Memorandum of Understanding is for the program year beginning September 27, 2005 and concluding December 31, 2006. The Staff will return annually to renew this agreement on or before the first December of each subsequent calendar year. The City Council discussed the appointment of a recycling liaison by the Tri-Sports Association. This item was tabled until the next council meeting. HISD License Agreement. Matters to the renewal and extension of a License Agreement between the Houston Independent School District and the City of West University Place. Mr. O?Connor reported that since June of 1994, the City and Houston Independent School District (HISD) have had an agreement for the use of the tract of land at the West University Place Elementary School site. This property is owned by HISD and the previous agreement allowed limited use of certain portions of the property and to jointly administer the use of the site as a licensee with West University Tri-Sports Association. 5 City Council Special and Regular Session, September 26, 2005 The current agreement expired on June 24, 2005. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve the renewal of the License Agreement between the City of West University Place and the Houston Independent School District, and to send a letter of support for the Licensing Agreement renewal between the Tri-Sports Association and the Houston Independent School District, relative to their use of the Pershing Middle School Campus. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Municipal Court Costs. Matters related to the Municipal Court costs including Ordinance No. 1809. Mayor Ballanfant read the caption of Ordinance No. 1809 as follows: An ordinance relating to court costs; amending Chapter 14 and the fee schedule of 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. 1809, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that Ordinance 1809 establishes the Municipal Court Building Security Fee of $3 per conviction and creates the Municipal Court Building Security Fund. State Law allows the City to assess a $3 fee to cover the cost of providing security services or installing, improving or maintaining building security features, such as, bulletproof glass, metal detectors, and identity card systems. Based on current conviction rates, staff estimates the building security fee will generate approximately $4,900 in annual revenues. City Attorney Jim Dougherty stated that Section 6 should be amended to have the ?effective date? as the tenth day following its publication. A motion was made by Council Member Woods, seconded by Council Member Cohen, to adopt Ordinance No. 1809 establishing the Municipal Court Building Security Fee and creating the Municipal Court Building Security Fund on the second and final reading as amended. A vote was taken on the motion with the following result: 6 City Council Special and Regular Session, September 26, 2005 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None ?Framed Area? (calling joint public hearing). Matters related to ?framed area? including Ordinance No. 1810. Mayor Ballanfant read the caption of Ordinance No. 1810 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding ?framed area? and related regulations; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1810, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno reported that in 1994, the zoning ordinance was amended to regulate ?framed area?. This ordinance limited framed area to 80% of the square footage of the lot. There has been extensive discussion and review of the current interpretation of the ?framed area? regulation and its original intent. In August 2004, the framed area ordinance was amended to clarify and tighten these rules until such time that the ZPC completes its comprehensive study. ZPC has studied the issue and proposes that the framed area definition be further amended. The proposed amendment would change the definition of ?framed area? in Article 2 of the Zoning Ordinance, add a new Schedule FA and make related amendments. The principal purposes are to: (1) Count high interior spaces (like atria) as framed area on each floor level, rather than just on the bottom floor; (2) Provide a detailed measurement method (for example, there would be an unbroken ?imaginary plane? on each floor level that would determine the framed area); (3) Clarify and tighten the existing wording; and (4) Conform the 2 1/2-story rule so that it is stated in terms of framed area. Ms. Tesno stated that the proposal would not change the numerical percentages in Table 7-4b. The percentage would remain 80% in the single-family detached districts (or 100% in certain higher-density districts). The Zoning and Planning Commission has voted to approve the preliminary report to Council. 7 City Council Special and Regular Session, September 26, 2005 A motion was made by Council Member Cohen, seconded by Council Member Yehle, to adopt Ordinance No. 1810 calling a public hearing. Council Member Woods stated that he would like to amend the motion to authorize the City Manager to hire professional assistance to study the 80% rule and the Zoning Ordinance. After discussion of the proposed amended motion, the City Council agreed that it was more appropriate to include Council Member Woods?s suggestion with the 2006 budget than to include it as an alternate to the ZPC proposal. This amended motion was not accepted as an addition to the original motion. A vote was taken on the original motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Building Official and the Administrative Official (calling joint public hearing). Matters related to the Building Official and Administrative Official including Ordinance No. 1811. Mayor Ballanfant read the caption of Ordinance No. 1811 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding the Building Official and the Administrative Official; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1811, in the form proposed for adoption, were available in the Council Chambers. Mrs. Tesno reported that in an effort to improve the operations of the Public Works Department and provide greater flexibility and efficient use of existing staff, Ordinance 1811 would allow the City Manager to designate an employee as the ?Administrative Official.? Ordinance 1811 will amend the zoning ordinance so that every reference to ?building official? would read ?administrative official?. The existing definition would be deleted and the following would be added: Administrative official. The person designated as such by the City Manager. 8 City Council Special and Regular Session, September 26, 2005 A motion was made by Council Member Cohen, seconded by Council Member Woods, to adopt Ordinance No. 1811 calling a public hearing. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Ordinance granting Franchise. Matters related to Ordinance No. 1812. Mayor Ballanfant read the caption of Ordinance No. 1812 as follows: An ordinance granting to 3642 University Partners, LP the right, privilege and franchise for a period not to exceed ten years to maintain, occupy and repair portions of an existing building within portions of two streets in the City of West University Place, Harris County, Texas: providing terms and conditions controlling the use of such streets; providing for a rental charge; and containing findings and other provisions relating to the subject. Copies of Ordinance No. 1812, in the form proposed for adoption, were available in the Council Chambers. Mrs. Tesno stated that the structure at 3642 University was built in 1935 and was built over the property line into the existing street right-of-way for both University Boulevard and Edloe Street. The property was recently sold to 3642 University Partners, LP. City staff informed the new owners that a franchise agreement was needed due to the encroachment on the public right-of-way and that permits could not be issued until an agreement was in place. They have submitted plans for remodeling and exterior repair. This agreement will allow the owner the right, privilege and franchise for a period not to exceed ten years to maintain, occupy and repair the portions of the existing building that are built over the property line, under the following conditions: 1) Grantee shall pay an annual rental fee to the City. 2) Grantee shall agree to maintain structure so as not to interfere with traffic. 3) Grantee shall maintain public liability insurance. 4) Grantee shall hold harmless and indemnify the City of West University Place of any claim or liability arising from or connected to said structure. 5) Grantee shall comply with regulations, laws and ordinances of the City of West University Place. 6) Grantee agrees to meet and confer with City and to take reasonable steps to help 9 City Council Special and Regular Session, September 26, 2005 implement an official parking plan for the business district if the City proposes one. 7) Franchise is non-transferable and is good for ten years unless terminated. The City Council discussed the amount of the annual rental. They agreed that the rental fee would be $750 for the first year and would increase each year by a number determined by the Consumer Price Index. A motion was made by Council Member Yehle, seconded by Council Member Segal, to adopt Ordinance No. 1812 on the first reading and adding an amount of $750.00 in Section 3. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Animals. Matters related to animals including Ordinance No. 1813. Mayor Ballanfant read the caption of Ordinance No. 1813 as follows: An ordinance relating to animals, including the number of dogs and cats; 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. 1813, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Ron Wicker reported that this ordinance amendment is proposed in response to the recent events involving Hurricane Katrina and the overwhelming need to find temporary shelter for displaced and homeless animals. The Code of Ordinances currently limits the number of animals allowed on premises. This amendment would extend the number of animals allowed through a permit issued by the Animal Control Officer for a specific time period and a specific number of animals. The City Council agreed that each permit should not exceed 60 days. A motion was made by Council Member Cohen, seconded by Council Member Woods, to adopt Ordinance No. 1813 on the first and final reading and amending Section 5.057 d(1) to add ?60? days and changing Section 5.057 d(3) to ?is? convinced. A vote was taken on the motion with the following result: 10 City Council Special and Regular Session, September 26, 2005 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Memorandum of Understanding with the Houston Police Department. Matters related to a Memorandum of Understanding with the Houston Police Department including reimbursement of expenses from the Federal Emergency Management Agency. Police Chief Ken Walker reported that during the Hurricane Katrina relief effort, the City of West University Place assisted the Houston Police Department with security at Reliant Complex. To ensure the City?s eligibility for FEMA reimbursement, the City of Houston believes that both Cities should have a mutual aid agreement in place. A motion was made by Council Member Cohen, seconded by Council Member Yehle, to approve the Intergovernmental Mutual Aid Agreement. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Appointment of representatives to the Houston-Galveston Area Council General Assembly. Matters related to the appointment of a representative and alternate to the Houston- Galveston Area Council General Assembly. A motion was made by Council Member Segal, seconded by Council Member Yehle, to appoint Council Member Woods as the representative to the Houston-Galveston Area Council General Assembly and Council Member Cohen as the alternate. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None 11 City Council Special and Regular Session, September 26, 2005 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 thanked the City employees, JMH and the West University Baptist Church and Methodist Church for their help during Hurricane Rita. He stated that the Solid Waste Department was working all week to pick up the trash. Appointment of Municipal Court Assistant Prosecutor. Matters related to the appointment of a Municipal Court Assistant Prosecutor including Resolution No. 2005-13. 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 551.074 Texas Government Code. Attending the Closed Executive Session were Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle. After the announcement, the City Council conducted a closed, executive session beginning at 8:15 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:20 p.m. The City Council requested that the City Secretary ask Candelario Elizondo, Presiding Judge for the City of West University Place, to attend the next Council Meeting at 5:30p.m. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Cohen, seconded by Council Member Woods, to adjourn. A vote was taken on the motion with the following result: 12 City Council Special and Regular Session, September 26, 2005 Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None The Council meeting adjourned at 8:21 p.m. 13