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HomeMy WebLinkAbout020904R CC Min CITY COUNCIL REGULAR SESSION MONDAY, FEBRUARY 9, 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 February 9, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley and Fogler. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Police Chief, Fire Chief, Finance Director, Parks and Recreation Director, Recreation Manager and Building Official were also present. Council Member Woods arrived at 8:15 p.m. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 5 day of February 2004 at 4:00 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. Candace Levy, 3911 Arnold, spoke about the condition of the Colonial Park facility and pool. She stated that there were safety issues because of the maintenance problems at the pool. Louise Pearson, 6345 Sewanee, spoke about the condition of the Colonial Park facility and pool. She stated that the pool is a large risk and that the budget appropriation for maintenance should be increased. Mary Nelson, 6106 Annapolis, thanked the City Manager for the list of plans to repair Colonial Park. She inquired about the City?s maintenance contract for pool cleaning. Drainage. Matters related to drainage including Resolution No. 2004-02 supporting the preliminary recommendations of the Poor Farm and Kilmarnock Regional Study Group Assistant City Manager/Public Works Director Ron Wicker, reported that the Poor Farm- Kilmarnock Regional Study group has been meeting for over 18 months. The group was formed to look at regional drainage problems/solutions for West University Place, City Council Regular and Workshop Session, February 9, 2004 Southside Place, Bellaire, Houston and the Harris County Flood Control District (HCFCD). On February 5, 2004, the HCFCD held a public meeting to present the findings and recommendations of the committee. These findings were also presented at other public meetings held at the West University Methodist Church, in November. The next step in the process is adoption of the plan of action recommended by the group and to proceed into the next phase, which will set up participation parameters. Mr. Wicker presented a resolution supporting the preliminary recommendations of the Poor Farm and Kilmarnock Regional Study Group. He stated that the mitigation and the cost associated with each governmental agency would be worked out sometime in the future. City Attorney Jim Dougherty suggested adding a sentence to the Resolution that would express the Council?s desire to meet and confer with the HCFCD regarding the need for and cost of mitigation. The City Council agreed with the amendment as suggested by the City Attorney. A motion was made by Council Member Fogler, seconded by Council Member Farley, to approve Resolution No. 2004-02 as amended. 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: Council Member Woods Council Member Farley thanked Denise Beck and Denis Powers for participating on the Drainage Committee. He also thanked the City Manager and Assistant City Manager for their participation and work on behalf of the City. City Council minutes. Matters related to the minutes of the Regular Session conducted on January 26, 2004. A motion was made by Council Member Segal, seconded by Council Member Farley, 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 and Fogler Voting Nay: None Absent: Council Member Woods 2 City Council Regular and Workshop Session, February 9, 2004 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. City Manager Michael Ross reported that a public meeting on drainage was held. He stated that he also met with Mayor Rothfelder from Southside Place, Mayor Ballanfant and representatives from Claunch & Miller, Inc. to go over a proposal to be presented to the HCFCD for approximately $200,000 to cover the next phase of work. The next phase includes evaluating the extreme event portion of drainage. Mr. Ross also reported that the first pre-construction meeting on sidewalks was held with the contractor. Mayor Ballanfant reported that he met with Council Member Goldberg about working with West University Place on numerous issues. The City Council recessed the regular session at 7:00 p.m. Workshop Session (in the Bill Watson Conference Room) The City Council reconvened in workshop session at 7:13 p.m. Racial profiling annual report. Matters related to the racial profiling annual report. Police Chief Ken Walker reported that Section 1, Chapter 2, Article 2.132 of the Texas code of Criminal Procedure requires an annual report on racial profiling be provided to the City Council. Alex del Carmen, Ph.D., was retained to analyze the information collected by the West U Police Department for 2003. Mr. Walker presented the report to the City Council. 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 including open versus closed to non- residents, funding, improvements, personnel costs, demolition, asbestos abatement, phone and computer equipment, interlocal agreement with Harris County and related matters. 3 City Council Regular and Workshop Session, February 9, 2004 Also including all Parks and Recreation facilities including maintenance, improvements, estimated costs of repairs, personnel, and related matters. Parks and Recreation Director Mark Mailes provided a Staff report on Colonial Park, which included a maintenance time schedule, cost estimates and responses to citizen concerns. Recreation Manager Marcia Noyes answered questions relating to the pool and building maintenance. Mr. Mailes stated that the Staff recommends that City Council consider approving $25,000 in non-budgeted items for Colonial Park Pool repairs. These items include replacement of coping on the large pool and replaster, retile and replacement of the coping on the baby pool. A motion was made by Council Member Farley, seconded by Council Member Segal, to request that the Staff prepare an Ordinance amending the budget to include $25,000 for repairs at Colonial Park. 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: Council Member Woods The City Council requested that the Staff obtain cost estimates to have the restrooms and shower facilities at Colonial Park cleaned twice daily instead of once. Mr. Mailes reported that the Parks and Recreation Board met on February 4, 2004, to discuss the Recreation Center. The City Council had requested that the board review equipment lists for the Recreation Center and Pool. As requested by Council, the board also considered three possible options for opening the Recreation Center for the summer. The first option was to open as a fully operational facility, at a cost estimate of $167,780. This option was presented at the January 26, 2004 Council meeting. The second option was for a ?ramp-up? program. This option would open the gymnasium and athletic fields on a limited basis, and not hire a full-time employee. The estimated expense for this option was $33,070. The third option considered was ?ramp-up? option II for the pool. It was also a limited operation, and would only include swim lessons and rentals. The estimated expense for this option was $24,774. Mr. Mailes stated that the Parks and Recreation Board and Staff are recommending that the City Council approve $57,744 to open the Recreation Center Gymnasium and Pool on a ?ramp-up? basis. 4 City Council Regular and Workshop Session, February 9, 2004 The City Council discussed the proposed expenses and estimated revenues for each option as presented by Mr. Mailes. They also addressed the use of the funds raised by the Friends of West University Place and the unencumbered funds from 2003. Leah Ragiel from the Friends Board and T Hoovestol and Brennan Reilly from the Parks and Recreation Board were present at the meeting. Council Member Farley commented that he was in favor of Option I for a fully operational facility. A motion was made by Council Member Fogler, seconded by Council Member Farley, to approve Ramp-up option I and Ramp-up option II with the appropriate budget amendment of $57,844 so that they can begin to address the use of the facility, ask the Friends to take a look at what is being approved and if they can provide, supplement or replace some of what is being spent, ask the Parks Board and Friends both to consider at their next meeting the issue of the open/closed facility and make a recommendation to Council and when a new Parks Director is hired the Council should address the issue of a fall schedule of classes and Ramp-up option III and the costs that might be incurred. 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: Council Member Woods Animals. Matters related to animals including the Animal Control Officer, enforcement, grandfather clause for maximum number of animals on premises and Ordinance No. 1763, also including a dog park, appropriation of funds, registration and fine revenue and related matters. Mayor Ballanfant read the caption of Ordinance No. 1763 as follows: An ordinance relating to animals; 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. 1763, in the form proposed for adoption, were available in the Conference Room. Mr. Dougherty reviewed the proposed amendments to the ordinance regarding animals: 5 City Council Regular and Workshop Session, February 9, 2004 Sec. 5.002: (1) Broadens the list of officers and employees authorized to enforce Chapter 5. (2) Grants BSC appellate authority over Chapter 5, including the authority to issue variances. Sec. 5.031: Removes the public pound from the Police Chief's supervision. (Chapter 2 says animal control is a Public Works function.) Sec. 5.057: (1) Adds the affirmative defense for folks who had five or six animals on January 1, if there were no more than three are dogs and no more than three cats. All must be registered with the City by April 1. It would be OK to move from one place to another within the City. (2) Clarifies that the prescribed limits on numbers of animals apply "per premises," not "per person" (i.e., count all animals harbored on or about the same , regardless of how many different claim them). premisespersons The City Council agreed that in Section 5.057 a new sub-section (c) should be added and titled as ?counting? in order to clearly state that animals under the age of six months are not counted. They also agreed that the date in Section 5.057 (b) 5 should be changed from April 1, 2004 to May 1, 2004. Council Member Woods arrived at 8:15 p.m. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1763 as amended on first and final 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 Council Member Farley commented that he would like the Council to consider the allocation of a portion of the dog registration fees to build a dog park. He proposed diverting $15.00 for each dog registered to an escrow account for establishing and maintaining a dog park and lowering the registration fee for a cat to $5.00 in order to make that equitable. He stated that in the 2000 Citizen Survey on parks in West U, a dog park was the third most requested item. Council Member Woods stated that he did not think that the $20.00 for the registration fee actually covers all of the costs incurred by the City and that it should be maintained just for sustained animal enforcement. He stated that the City should work toward getting a dog park but should be done when the funds are available. 6 City Council Regular and Workshop Session, February 9, 2004 The City Council requested that the Staff quantify what the City pays for the Code Enforcement Officer?s services and what percentage of that is attributable to the animal control portion of his duties and then determine if there is a share of these fees that could be directed toward a dog park. Fences. Matters related to fences including Ordinance No. 1762. Mr. Wicker reported that the Building and Standards Commission had favorably recommended Chapter six subchapter I Fences be amended. The proposed amendments call for: 1. A decrease in fence height from six feet to four feet when a fence is six feet or closer to a wall surface of an existing residential structure. 2. Adjacent property owner notice and a 14-day waiting period before construction may begin. 3. Common fence agreements to be recorded in the Harris County real property records. 4. Permittee and property owner be responsible for clean up and removal of dirt, debris, scrap and broken pieces of concrete caused by construction of a fence. Following a discussion of this item, the City Council agreed that this item should be referred to the Zoning and Planning Commission. A motion was made by Council Member Fogler, seconded by Council Member Woods, to refer the proposed amendments on fences to the Zoning and Planning Commission for their consideration with side setbacks. 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 Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Woods, to adjourn. The Council meeting adjourned at 8:50 p.m. 7