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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,
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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