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HomeMy WebLinkAbout012604R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 26, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on January 26, 2004, 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, Police Chief, Parks and Recreation Director, Building Official and Code Enforcement Officer were also present. The notice for this meeting was posted in accordance with the Texas Government Code, nd Chapter 551, on the 22 day of January 2004 at 6:00 p.m. Formal Session Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Carol Murad, 3324 Nottingham, commented about the maintenance problems at the Colonial Park pool and weight room. She gave the Council a list of repairs that were needed. Mary Nelson, 6106 Annapolis, commented about the maintenance problems at the Colonial Park pool and weight room. Louise Jones, 4143 Amherst, commented about the maintenance problems and chlorine levels at the Colonial Park pool. She stated that she could see mold on the bottom of the pool when she was lap swimming. Stephanie Scherr, 2704 Centenary, requested that the council increase the number of cats and dogs that are allowed per household in the City. Animals. Matters related to animals including Ordinance No. 1759. A motion was made by Council Member Segal, seconded by Council Member Farley, to move the discussion of this item to the Workshop Session. City Council Regular and Workshop Session, January 26, 2004 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 Notices and publications. Matters related to notices and publications including Ordinance No. 1760. Mayor Ballanfant read the caption of Ordinance No. 1760 as follows: An ordinance relating to Administration and Finance; amending Chapter 2 of the code of ordinances of the City of West University Place, Texas regarding notices and publications; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1760, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty, stated that this is the second reading of Ordinance No. 1760. It authorizes the City Secretary in appropriate cases to use whatever newspaper may be required for a particular notice or those required by state law for any particular matter. A motion was made by Council Member Fogler, seconded by Council Member Farley, to approve Ordinance No. 1760 on the second 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 Fees and charges. Matters related to fees and charges including Ordinance No. 1761. Mayor Ballanfant read the caption of Ordinance No. 1761 as follows: An ordinance relating to building permit fees and other fees and charges; 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. 2 City Council Regular and Workshop Session, January 26, 2004 Copies of Ordinance No. 1761, in the form proposed for adoption, were available in the Council Chambers. Council Member Fogler suggested that amendments to F.003 relating to animal registration should be included in the proposed amendments to the fee schedule and that this item should also be moved to the workshop session for discussion. A motion was made by Council Member Farley, seconded by Council Member Fogler, to table discussion of Ordinance No. 1761 until the workshop session. 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 2003 ad valorem tax refunds in the amount of $14,241.70. City Manager Michael Ross reported that Section 31.11 of the Property Tax Code requires City Council approval 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 Fogler, seconded by Council Member Woods, to authorize the refund of over-paid property taxes as detailed in the executive summary in the total amount of $14,241.70. 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 City Council minutes. Matters related to the minutes of the Regular Session conducted on January 12, 2004. 3 City Council Regular and Workshop Session, January 26, 2004 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, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, streetlights and related matters. This may include report(s) from staff and reports and directives to staff from Council Members. Mr. Dougherty reported on the meeting relating to the Center Point Energy Entex rate increase and coalition of cities. He stated that roughly 10 cities attended the meeting. There are some issues regarding the rate filing including overall revenue requirements and allocation between rate classes. They are looking at getting some rate analysis to take a look at it. An informal steering committee will most likely be set up in the future. Mayor Ballanfant thanked the City Staff and Conrad Construction for finishing University Boulevard before the HP Houston Marathon. The City Council recessed the regular session at 7:02 p.m. Workshop Session (in the Bill Watson Conference Room) The City Council reconvened in workshop session at 7:13 p.m. Parks and Recreation. Matters related to Parks and Recreation including the West University Place recreation center and athletic field, located at 4210 Bellaire Boulevard (former YMCA site), proposed expenses and estimated revenue, usage, funding, improvements, demolition, asbestos abatement, phone and computer equipment, interlocal agreement with Harris County and related matters. Building Official Dennis Mack reviewed the construction repairs made at the Recreation Center. 4 City Council Regular and Workshop Session, January 26, 2004 The Staff reported that in November 2003, City Council authorized the expenditure of $35,000 for renovations to the first floor of the West U Recreation Center. To date, approximately $27,280 of that amount has been spent. The original intent was to provide the necessary minimal repairs to the recreation center in order to open it on a limited basis (approximately 10 hours per week). Funds were not budgeted or approved in 2004 for staffing or programs for a fully operational Recreation Center. Council asked the Parks and Recreation Board to make a recommendation for short and long term options for the facility. Chair of the Parks and Recreation Board David Klutts reported that during the January 7, 2004 Parks and Recreation Board meeting, the board approved a recommendation to City Council to authorize staff to open a full use Recreation Center. The Parks and Recreation Board also recommended that council approve up to $200,000 for this purpose. It is estimated that $167,780 is necessary for 2004 operations with a planned May 31, 2004 opening. Parks and Recreation Director Mark Mailes presented a detail of the proposed expenses and estimated revenues. Joni Fichter, Chair of the Friends of the West University Place Parks Fund, was also present at the meeting and discussed fundraising for the facility. She stated that if the Council decides to make the facility open to non-residents, there is more potential for fundraising. Public funds from Steve Radack and the Lewis Foundation can be used on an open facility. Council Member Farley suggested that the Parks and Recreation Board be charged with making a recommendation on an open versus closed facility. The City Council discussed a timeline for summer programs, generation of revenues, operation and maintenance costs and financial considerations. The City Council requested that the Staff prepare a more specific proposal for the Recreation Center?s opening, a financial analysis based on an open versus closed facility, a ?ramping up? option for opening the facility and updated cost figures for the refurbishment. They also requested a list of equipment including costs for the pool and recreation center. The City Council expressed concern over the numerous repairs that needed to be made at Colonial Park. They requested that maintenance and repairs of Colonial Park be placed on the next agenda. 5 City Council Regular and Workshop Session, January 26, 2004 Drainage and flood prevention. Matters related to drainage and flood prevention including a report from the Poor Farm and Kilmarnock Regional Study Group. Members of the Drainage Committee Denis Powers and Denise Beck were present at the meeting. Also present at the meeting were Chris Claunch, James Andrews, Mike Vandewater and John Rudloff from Claunch & Miller Engineering Consultants. Representatives from Claunch & Miller submitted a proposal for performing engineering services for a series of drainage improvements. Mr. Powers gave a brief report on the history behind establishing the Drainage Committee. Mrs. Beck spoke about structural flooding and encouraged the Council to support the County in carrying out the necessary improvements. Mr. Powers suggested that the Council hire an individual engineering group to review the proposal submitted by Claunch & Miller. th A public meeting will be held on February 5 at Pin Oak Middle School. The meeting will provide a summary of the study?s findings and will give residents an opportunity to ask questions or make comments. Animals. Matters related to animals including parks and playgrounds, Colonial Park and boundaries, clean-up regulations, registration, number of animals, Animal Control Officer, enforcement and related matters. Mayor Ballanfant read the caption of Ordinance No. 1759 as follows: An ordinance relating to animals; 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. 1759, in the form proposed for adoption, were available in the Council Chambers. The City Council discussed Section 5.057 relating to the maximum number of dogs and cats that are allowed per household. They agreed that this section should be changed to allow NOT MORE THAN three dogs or three cats with a maximum combined total of four animals per household. 6 City Council Regular and Workshop Session, January 26, 2004 Council Member Farley addressed Section 5.017 relating to animals on parks and playgrounds and the defined areas of the parks. He commented that the City should encourage compliance through education instead of enforcement because the defined areas of Colonial Park would not be clear to some people. He stated that he would be in favor of letting dogs completely in the parks or to ban them completely. Mr. Ross stated that it would be easier to enforce if it was all or nothing. Council Member Segal suggested that this Section be looked at again when the sidewalk is installed on Academy. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1759 on the second and final reading including Section 5.017, 5.062 as presented and 5.057 as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal and Woods Voting Nay: Farley and Fogler Absent: None The motion passed. Mayor Ballanfant read the caption of Ordinance No. 1761 as follows: An ordinance relating to building permit fees and other fees and charges; 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. 1761, in the form proposed for adoption, were available in the Council Chambers. The City Council discussed F.003 in the fee schedule relating to registration of animals. They agreed that the fee for the registration of all animals regardless of whether they are spayed, neutered or fertile should be changed to $20.00. The fees for an impounded dog are doubled if the dog is not registered in West University Place. Regarding dangerous dogs that are impounded, the Council agreed that the fee for the first, second and third violation should be doubled if the animal is not registered. A motion was made by Council Member Fogler, seconded by Council Member Woods, to approve Ordinance No. 1761 with the amendments to Section F.003 on the first and final reading. 7 City Council Regular and Workshop Session, January 26, 2004 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 Fences. Matters related to fences including Ordinance No. 1762. A motion was made by Council Member Fogler, seconded by Council Member Farley, to table discussion of this item until the next meeting. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and Woods Voting Nay: Council Member Segal Absent: None Railroad crossings and trains. Matters related to railroad crossings and trains including noise, whistles, quiet zones, federal rules, interlocal agreements and related matters. Mr. Ross briefed the City Council on the new regulations regarding quiet zones. He stated that the Task Force had a meeting with Carolyn Cook, a representative of the Federal Railroad Administration and a representative from the Union Pacific Railroad (UPR). Representatives from Bellaire and Houston were also present. He reported that on December 18, 2004 municipalities would have the capabilities of having already installed safety supplemental measures. The UPR has also stated that they will follow the federal law. Brian Antweil, a member of the Task Force, commented that there is a one-year period for the law to go into effect and they are suggesting that cities go forward now with establishing quiet zones. He stated that communities would be able to establish quiet zones by reducing the risk caused by the absence of horn sounds through various supplemental safety measures. Such measures could include four-quadrant gates blocking both lanes of traffic, one-way streets with gates and lights or closure of the crossing altogether. If one of these safety measures were put in place then trains would only be required to sound their horn for 15-20 seconds instead of a quarter mile. New regulations regarding the maximum volume level for train horns have also been set. Adjournment. 8 City Council Regular and Workshop Session, January 26, 2004 With no further business to come before the City Council at this time, a motion was made by Council Member Farley, seconded by Council Member Fogler, to adjourn. The Council meeting adjourned at 10:12 p.m. 9