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HomeMy WebLinkAbout032204R CC Min CITY COUNCIL REGULAR SESSION MONDAY, MARCH 22, 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 March 22, 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, Finance Director, Operations Superintendent and Executive Director of the Friends of West University Place Parks Fund were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 18 day of March 2004 at 10:00 a.m. Formal Session Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Robert Booth, 6728 Westpoint, requested that Cason Street not be opened as an entrance to the Recreation Center. He stated that there was not enough room and that his driveway would be blocked. Baroque Fineberg, 4127 Cason, requested that Cason Street not be opened as an entrance to the Recreation Center. He stated that he was concerned about the amount of traffic and that Fairhaven was already a ?drag strip?. David Cole, 4104 Cason, stated that the Recreation Center had over 75 parking spaces and that there was already enough cut-through traffic in the area. He requested that Cason Street remain closed. William Diecks, 4119 Cason, requested that Cason Street remain closed because the traffic was already bad. Door-to-door soliciting and advertising. Matters related to door-to-door soliciting and advertising including Ordinance No. 1765 Mayor Ballanfant read the caption of Ordinance No. 1765 as follows: City Council Regular Session, March 22, 2004 An Ordinance relating to door-to-door soliciting and advertising;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. 1765, in the form proposed for adoption, were available in the Council Chambers. Police Chief Ken Walker reported that in 2002, the Police Department worked with the Code Review Committee on a new ordinance to regulate door-to-door solicitation and advertising. It had two primary purposes (1) to help the City control residential crimes, including burglaries, thefts, frauds and ?scams,? and (2) to help protect the privacy, peace and quiet of people in their homes. Although many solicitors register with the Police Department prior to approaching houses, the Police Department continues to receive calls from concerned residents. There is also a special concern about solicitors who approach homes and leave advertisements, sometimes even hanging them on front doorknobs. The morning after ?door hangers? are placed, some remain hanging on front doors of homes where residents are away. It is easy to drive through the city and determine which homes are unoccupied. This is a very good way to ?flag? a home for burglary, since most burglars do not want to enter an occupied home. Mr. Walker stated that a ?no-knock? list has reportedly been used in other parts of the country. Such a list is included as part of the most recent International Municipal Lawyers Association (IMLA) model solicitation ordinance. The Police Department has determined that a list could be kept at the Department and distributed efficiently to solicitors at the time of registration. The IMLA model ordinance prescribes time limits for door-to-door solicitation of 9:00 AM to 9:00 PM. These hours are slightly different from the City?s current hours. The Department recommends changing the City?s hours to match the IMLA model ordinance. Council Member Fogler presented a door-hanger that had been placed on her door. She commented that with these kinds of door hangers it was easy to tell which of her neighbors were not home The City Council agreed with the idea of creating a ?no-knock? list. They discussed the time limits for the solicitation. City Attorney Jim Dougherty stated that it was his recommendation to keep the hours from 9:00 AM to 9:00 PM or the next best thing would be to go to 8:00 PM or sundown whichever is later. 2 City Council Regular Session, March 22, 2004 Council Member Fogler commented that the problem with a 9:00 PM cut-off was that families with small children might have their children awakened by a doorbell. There are also a significant number of elderly in the community who prefer an earlier bedtime. A motion was made by Council Member Woods, seconded by Council Member Fogler, to change Section 15.011 (c) (1) to read ?on any day before 9:00 AM or after 8:00 PM.? Council Member Segal motioned to amend the motion to have it read before 9:00 AM or after 8:00 PM or sundown whichever is later. Council Member Fogler seconded the motion. A vote was taken on the amended motion with the following result: Voting Aye: Council Members Segal and Fogler Voting Nay: Mayor Ballanfant, Council Members Farley and Woods Absent: None The amended motion failed. Council Member Farley made a motion to change Section 15.011 (c) (1) to read ? on any day before 9:00 AM or after 7:00 PM or sunset whichever comes later. The motion died for lack of a second. Mayor Ballanfant called for a vote on the original motion made by Council Member Woods. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: Council Member Farley Absent: None The motion passed. Friends of West University Place Parks Fund (Friends) Expenditure and Discuss Recreation Center Use. Matters related to the Friends of West University Place Parks Fund expenditure and Recreation Center use discussion; including the purchase of equipment and supplies. City Manager Michael Ross reported that at their March 3, 2004 meeting, the Friends of the West University Place Parks Fund, Inc. (Friends) approved the purchase of furniture and equipment for the West University Recreation Center. Specifically, they approved the purchase of equipment, supplies and furniture for both the swimming pool and the 3 City Council Regular Session, March 22, 2004 recreation facility. The total amount approved (including matching funds from the Lewis foundation) was $52,440. On February 23, 2004, City Council approved $57,850 for the ramp-up operation of the recreation center. Of this amount, $20,174 was for the purchase of the swimming pool furniture and equipment. The Friends, if approved by Council, will now pay this amount. Ms. Linda Lewis, on behalf of the Lewis Foundation, has been quite clear that she is satisfied with the new recreation center operating in the same manner as the other existing parks and recreation facilities in the City. The City Council had numerous questions regarding the specific items that were being purchased. They also asked questions regarding the donation from the Lewis Foundation. A motion was made by Council Member Segal, seconded by Council Member Fogler, to table discussion of this item until the next council meeting. 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 Priority Area 8. Matters related to Priority Area 8 including the final acceptance of the work. Assistant City Manager/Public Works Director Ron Wicker reported that Bearden Contracting Company, prime contractor on the infrastructure improvements in Priority Area 8, has completed all work and has submitted a final payment request in the amount of $411,761.73. This project involved the reconstruction of water lines, sanitary sewer lines, storm sewer lines and streets in the area referred to as Priority Area 8. The original contract amount was $7,194,227.50, with the final contract amount of $7,787,955.50, which represents an increase of 8.25 percent over the original contract. Nine change orders were authorized to complete the project amounting to an additional $593,728.00. The one-year warranty will begin with the date of City Council acceptance John Rudloff from Claunch & Miller, Inc. was present at the meeting. Council Member Woods inquired about Change Order #9 and why additional days were granted. He also asked if liquidated damages should be assessed. The City Staff requested to withdraw this item until a future council meeting. 4 City Council Regular Session, March 22, 2004 The City Council recessed the meeting at 7:40 PM and reconvened at 7:45 PM Priority Area 10. Matters related to Priority Area 10 including change orders for waterline improvements, pavement and curb replacements and a Cason Street entrance to the Recreation Center. Mr. Wicker reported that Change Order No. 1 for Priority Area 10 is for a total amount of $250,190.80. The change order is broken down as follows: Water distribution system additions on University Boulevard between Buffalo 1. Speedway and Wakeforest in the amount of $136,548.00. This is an older line that was originally installed in 1940. Recently, we started having leaks on this line. This is an opportunity to replace the line during the priority area construction period. This line replacement was not part of the original contract. Paving improvements on East College Street in the amount of $43,957.20. This is for 2. the complete rebuilding of East College, from Ruskin Street south, 465 linear feet. This street was only partially rebuilt when the original work was done in Priority Area 2. There are severe birdbath problems on the east side at this time. City engineers and staff feel that partial repair would not be cost effective. Paving improvements to Cason Street at future entrance to West University 3. Recreation Center in the amount of $26,826.60. This portion of Cason would be 105 linear feet of concrete paving extending from the westerly side of West Point Drive on to the West University Recreation Center property. This would only be necessary if the Cason Street entrance to the facility were opened to traffic. Water line emergency repair on Buffalo Speedway at Amherst Street, in the amount 4. of $42,859.00. This was an emergency repair and the work has already been performed under existing unit prices. As items 2 and 3 above are not within the scope of the original contract, City Council approval is necessary. Staff has spoken with both homeowners adjacent to the proposed street construction and they have no objections. A motion was made by Council Member Segal, seconded by Council Member Fogler, to approve items # 1 and # 4 as presented. 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 5 City Council Regular Session, March 22, 2004 A motion was made by Council Member Segal, seconded by Council Member Woods, to approve item # 2 as presented. 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 The City Council addressed item # 3. Council Member Farley suggested that the Parks and Recreation Board consider this item since a long-term use for the Recreation Center had not been established. Council Member Fogler commented that the ingress and egress of the property should be considered as a whole both in a short-term and long-term fashion. She suggested that there be a global plan for the property before any funds are spent on the paving improvements. The City Council requested that the Parks and Recreation Board review the possible opening of Cason Street into the Recreation Center. A motion was made by Council member Fogler, seconded by Council Member Farley, to table consideration of item # 3. 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 March 8, 2004. A motion was made by Council Member Fogler, seconded by Council Member Woods, to approve the minutes as presented. 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 6 City Council Regular Session, March 22, 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. Mr. Ross reported that the City received notice that the City of Houston was placing the reconstruction of Kirby Drive on hold until they could resolve a telecommunications cable problem. He also reported that the Texas Department of Transportation would be letting a contract in April for the City Center Project. Mayor Ballanfant reported that there was a meeting scheduled for the Mayors and City Managers of West University, Southside and Bellaire. 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 Segal, to adjourn. The Council meeting adjourned at 8:04 p.m. 7