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HomeMy WebLinkAbout082304R CC Min CITY COUNCIL REGULAR SESSION MONDAY, AUGUST 23, 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 August 23, 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, Fire Chief, City Planner and Technical Services were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 19 day of August 2004 at 5:30 p.m. Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Anne Whitlock, 3763 Georgetown, commented that the West University Elementary School PTO was interested in purchasing the old street signs so they could raise money at the annual auction. She asked for special consideration since it was their idea. Joyce Sandweiss, 2719 Georgetown, commented that she agreed with Mrs. Whitlock. Trees. Matters related to trees including permits, criteria and procedures for tree removal on public and private property, also including Ordinance No. 1774. Mayor Ballanfant read the caption of Ordinance No. 1774 as follows: An ordinance relating to trees; amending 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. 1774, in the form proposed for adoption, were available in the Council Chambers. Mrs. Tesno reported that in 1992 the City enacted the Urban Forest Preservation and Enhancement Ordinance. This ordinance regulates the protection and the removal of trees. During the subsequent 12 years all related costs (staff wages, benefits and City Council Regular Session, August 23, 2004 associated costs) have increased. However, fees have not increased since 1992. This amendment to the fee schedule proposes to increase fees as follows: Increase cost of Tree Removal permit for healthy trees from $25 to $50 Increase cost of Tree Dispositions for minor projects from $75 to $100 Increase cost of Tree Dispositions for major projects from $200 to $225 Increase costs of Low Impacts from $25 to $35 A motion was made by Council Member Segal, seconded by Council Member Woods, to approve Ordinance No. 1774 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 Mrs. Tesno reported that the Urban Forest Preservation and Enhancement Ordinance does not differentiate regulations or criteria for removal of trees based upon their location. The ordinance states that a tree can be removed if it is: 1) Dead, diseased or severely damaged. 2) Causes an unreasonable impediment to the use and enjoyment of their property. 3) Low value tree. Trees located in the city right of way (ROW) are evaluated using the same method as a tree located anywhere else on the ?subject site? (defined as ?building site plus the right of way area for that site?). Historically, trees removed in the right of way are normally trees in poor condition, dead or in conflict with a proposed construction. Staff has denied permits in the past if there was no ?impediment to the use and enjoyment of their property?. That decision can be appealed to the Building and Standards Commission. Currently, there is no mandate in the tree ordinance to plant replacement trees into the ROW when trees have been removed from that area. Most property owners do choose to plant in that location if a tree has been removed. The city is currently in the process of developing a Tree Master Plan. This type of requirement could easily be part of that plan. Staff will incorporate some type of replacement ROW requirement into the draft of the Tree Master Plan. Once the Master Plan has been completed staff will be bringing it to council for approval. 2 City Council Regular Session, August 23, 2004 Council Member Segal stated that a resident brought to his attention that 3 trees in the right-of-way were cut down on a new construction and they did not appear to interfere with the driveway or appear to be in poor condition. He encouraged the Staff to have some kind of discretion by giving neighbors notice and a hearing when healthy trees are removed in the right-of-way. He requested that Mrs. Tesno provide the council with a draft of language to that effect. Fire Department Personnel. Matters related to the Fire Department Personnel including Ordinance No. 1773. Mayor Ballanfant read the caption of Ordinance No. 1773 as follows: An ordinance relating to the Fire Department; adopting a schedule of employee positions with rates of compensation; 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. 1773, in the form proposed for adoption, were available in the Council Chambers. Fire Chief Steve Ralls reported that the Fire Department has experienced several organizational changes in the last few years. The changes resulted from personnel transitions including retirement; efforts to improve the efficiency of the department; and the fulfillment of legislative mandates and the Insurance Service Organization requirements (resulting in the reduction of the ISO rating from a 5 to a 2). While the positions and compensation packages have been included in previous budgets, Chapter 9 of the Code of Ordinances has not been amended to reflect the changes. In order to ensure compliance with standard municipal practice and legal mandates, an ordinance amending Section 9.302 of the Code of Ordinances has been prepared. The amendment clearly establishes all positions within the Fire Department and their respective compensation packages. Council Member Segal suggested an amendment to Section 9.302 to add the following sentence: If the Fire Chief is unable or fails to designate the acting Chief, the City Manager shall make such designation. The City Council agreed with the suggested amendment. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1773 with an amendment to Section 9.302 by adding a sentence which says ?If the Fire Chief is unable or fails to designate the acting Chief, the City Manager shall make such designation.? A vote was taken on the motion with the following result: 3 City Council Regular Session, August 23, 2004 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Intergovernmental Agreement. Matters related to an Intergovernmental Agreement with the Metropolitan Transit Authority of Harris County for the purchase of regional computerized signal system equipment and supplies. The Assistant City Manager/Public Works Director reported that currently, the City of West University Place is responsible for the maintenance of five signalized intersections within our corporate limits. When these signals require maintenance, the City must make repairs quickly. Purchasing control equipment is sometimes required to effectively perform this work. The proposed interlocal agreement with the Metropolitan Transit Authority of Harris County, Texas (METRO) allows the City to purchase this equipment under METRO?s annual bid prices. This will save the City considerable time and money when repairs are necessary. A motion was made by Council Member Woods, seconded by Council Member Fogler, to adopt an Interlocal Agreement with the Metropolitan Transit Authority of Harris County, Texas. 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 Telecommunications. Matters related to telecommunications including proposals received January 14, 2004 and award of contract. 4 City Council Regular Session, August 23, 2004 Mr. Ralls reported that the City?s telecommunications system was installed in 1985. Over time the system has become obsolete and is incapable of being expanded to serve the perimeter City facilities. Request for Proposals (RFP?s) were accepted from interested suppliers in accordance with State law for procuring ?high technology? items. The replacement of the City?s existing telephone system is included in this year?s approved budget. The RFP?s were opened on January 14, 2004 at 5:00. Staff evaluated the proposals PM based on customer service, specification compliance, system flexibility, management capability, quality of equipment, financial strength, work experience, procedure compliance and system value. Based on the overall evaluation and scoring, Innovative Communications Systems (ICS) is the lowest priced and best system for the City?s needs. The total cost to the City for the telecommunications system is $123,246.29. A motion was made by Council Member Fogler, seconded by Council Member Farley, to authorize the City Manager to negotiate a contract with Innovative Communications System in an amount not to exceed $123,146.29 for a new telephone system for the City offices. Council Member Segal offered the following amendment to the motion: (1) The Council finds that Innovative Communications Systems is the responsible offeror whose proposal is determined to be the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals? and (2) the City Manager is authorized to approve and execute the final contract documents on behalf of the City. Council Member Fogler accepted the amendment. A vote was taken on the amended motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Dog Park. Matters related to a dog park including the appointment of members to a Dog Park Task Force and goals and objectives. A motion was made by Council Member Farley, seconded by Council Member Fogler, to establish a Dog Park Task Force and Council Members to act as liaisons. The individuals will be tasked with determining location, costs, funding, use (which would include resident versus nonresident), registered animal, fee for use, large and small dog parks, rules of use and any other related matters that the Task Force would deem relevant. The individuals would be Chairman Stacy Speier, Nathan Allen, Kevin Brophy, Debby 5 City Council Regular Session, August 23, 2004 Gonzales, Donna Field, Sarah Krenzke, Pamela Lally, John Markson, Steven Ritter, Virginia Siegfried, Rhonda Simpson and Ralph Zullo. The council liaisons would be Council Members Farley and Segal. The Staff liaison is Tim O?Connor. Council Member Fogler commented that she wanted to be sure in appointing the Task Force that it is the Council?s intention to take their recommendation seriously and to act on their findings. 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 August 16, 2004. A motion was made by Council Member Fogler, seconded by Council Member Segal, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and Woods Voting Nay: None Absent: None Roofs and piping. Matters related to roofs and piping including Ordinance No. 1775 An ordinance relating to roofs and piping; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject Dennis Mack, Building Official, reported that the Building and Standards Commission has favorably recommended that the Standard Code Schedule relating to roofs and piping be amended. The proposed amendments call for: 1. Minimum classification of roofing material be raised to Class A. Currently, the minimum classification for roofing material is class C. Class C is the lowest fire resistance rating and the Building and Standards Commission felt 6 City Council Regular Session, August 23, 2004 that the City should raise this to Class A in order to provide a higher degree of safety. 2. PVC and CPVC pipe be a minimum schedule 40. Our current ordinance allows all schedules of CPVC and PVC pipe according to the 2000 International Residential code permits. The Building and Standards Commission felt the thinner pipe sizes allowed by code do not provide sufficient protection from the pipes bending and thus causing a restriction to the flow. This mainly will affect storm water discharge pipes. Council Member Woods commented that his concern was the cost difference and the effect it would have on residents with fixed incomes. The City Council requested that the Staff provide the cost difference of using the different roofing material and to prepare an ordinance for future consideration. Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, City of Houston Water Rate Increase, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, Cason Street entrance to the West University Recreation Center, 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. City Manager Michael Ross reported that the contractor for the City Center cut both sewer lines for the school. The lines are being repaired and the brick pavers are being reinstalled. The Staff is recording itemized costs and they will be pursued through TxDot. Mayor Ballanfant commented that he did not feel that TxDot took care of their oversight obligations on the project. 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 7:15 p.m. 7