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HomeMy WebLinkAbout091304R CC Min CITY COUNCIL REGULAR SESSION MONDAY, SEPTEMBER 13, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on September 13, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, City Attorney, Fire Chief, Police Chief, City Planner, Building Official and Operations Superintendent were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 9 day of September 2004 at 4:50 p.m. Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Teresa Kontogeorgis, 3927 Riley, asked questions regarding her utility line relocation and the discontinuation of service. Mary Migliore, 3923 Riley, commented that she needed assistance with the relocation of her sewer lines. Ron Kelm, 9930 Shadow Wood Drive, stated that he was a forensic engineer. He made comments on the proposed changes to the foundation requirements. Colonial Park Pool. Matters related to the operations of Colonial Park pool, including associated costs. Tim O?Connor, Parks and Recreation Director, made a presentation on the operations of the Colonial Park pool. He reported that in consideration of the fact that the seasonal pool enclosure is ending its useful life, the liability/safety issues involving the set-up and take-down of the enclosure and the operating capital vs. revenue dedicated to the fall, winter and spring operations, staff conducted an ?historical? operational review of the st Colonial Park Swimming Pool operations for the period beginning October 1 and th concluding April 30. The operational review resulted in staff formulating a document, which included a listing of ?points of consideration? and four possible options for operating the Colonial Park Pool during the months of November through April beginning in the Fall of 2004. City Council Regular Session, September 13, 2004 In an effort to inform the citizenry and to solicit citizen input, the West University Examiner Newspaper was contacted and asked to publish a feature outlining the document staff had prepared. The article was published on September 1, 2004. In addition to the newspaper article, staff prepared a letter to Colonial Park Pool patrons, which was distributed beginning on August 31, 2004, from the Colonial Park Pool. Mr. O?Connor stated that the response to these informational initiatives has been significant. Staff has received over three-dozen e-mail communications; numerous phone calls and also understands that there is at least one petition initiative underway. With virtually no exceptions, all communications were presented to staff in a professional manner with the inclusion of the author(s) personal preferences, thoughts, suggestions and recommendations for the City?s elected officials and staff?s further consideration of the matter. Staff understands and is sensitive to the fact that the issue of possibly closing or changing the ?status quo? of the Colonial Park Pool winter operations is an emotional issue for those that patronize the facility. Mr. O?Connor stated that the Staff is recommending that the City keep the pool open this winter, with or without a cover, in order to adequately evaluate and monitor the usage. Staff also recommends that the City Council give the Staff direction on whether to install the inflatable cover for this winter season. Citizen Comments regarding Colonial Park Pool. G. Serpell Edwards, 3751 Rice, encouraged the Council to keep the pool open year round. Louise Jones, 4143 Amherst, commented that the citizens needed a year round covered pool. Nancy Willerson, 3314 Georgetown, requested that the Council consider a year round covered pool for fitness. She suggested that the Task Force have citizen members. Penny Kroll, 6524 Vanderbilt, commented that she was a lap swimmer and would like to have a year round covered pool. Teresa Edmondson, 6729 Westchester, commented that she would like a permanent structure over the pool. Ross Frazer, 3828 Riley, thanked the Council for serving. He stated that the issues relating to the pool involved capital items and he encouraged everyone to donate to the Friends of West University Place Parks Fund. John Sickman, 4152 Oberlin, commented that he would not mind paying a higher user fee but reminded the Council that their taxes go up every year. He stated that he would like a permanent covered structure in order to avoid the risk of skin cancer. 2 City Council Regular Session, September 13, 2004 Linda Lowe, 4214 Oberlin, presented a petition with 225 signatures. She requested that the pool remain open year round and heated or possibly one of the pools have a permanent structure. Lucy Wolf, 2633 Wroxton, requested that the Council consider a permanent structure. The City Council asked numerous questions regarding the condition of the bubble, liability and safety issues, hours of operations, a Recreation Center Master Plan and the creation of a task force. A motion was made by Council Member Fogler, seconded by Council Member Segal, to use the bubble this year, and ask Staff to report at the next meeting what they think will be a workable time schedule for the installation of the bubble for this season, and make a determination which two weeks to do the work and to make sure that the Staff has available during that two weeks the required people to make the repairs, the cleaning and anything that might be necessary so as to minimize the down time. 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 recessed at 7:15 p.m. and reconvened at 7:25 p.m. Public Hearing. A public hearing was held before the City Council of the City of West University Place, Texas. The purpose for the hearing was to provide an opportunity for parties in interest and citizens to be heard in relation to utility line relocation and discontinuation of service. The public hearing was called to order at 7:26 p.m. Operations Superintendent Patrick Walters reported that the Public Works Department, after several attempts to achieve voluntary relocation of services, is requesting authorization to disconnect and seal all old mains. This is for all areas west of the Poor Farm Ditch. Final Notice was mailed by certified mail and regular mail to all affected residents in June of 2004. The Final Notice provided a ?Termination Notice? as required by the Code of Ordinances Chapter 23, Sec. 23.013. 3 City Council Regular Session, September 13, 2004 Two residents have applied for financial assistance. Staff is in the process of working with them in getting the work performed. As of noon on September 8, 2004, the City has not received confirmations on the completed relocation from 34 residences. The City Council requested that the Staff meet the listed residents face to face to cross check as to whether they are senior citizens or whether the listed addresses are new construction. Mr. Walters will provide the information to the City Council before coming back with a recommended order to discontinue service. A motion was made by Mayor Ballanfant, seconded by Council Member Fogler, to close the public hearing and authorize Staff to come back with the information on the circumstances of each address and to prepare a formal order for Council to adopt. 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 Proclamation for Fire Prevention Week. Matters related to a proclamation recognizing Fire Prevention Week for the week of October 3-9, 2004. Fire Chief Steve Ralls presented the proclamation. A motion was made by Council Member Fogler, seconded by Council Member Woods, to approve the Proclamation recognizing Fire Prevention Week. 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 Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2004-12 appointing and reappointing members. 4 City Council Regular Session, September 13, 2004 Executive Director Donna LaMond reported that the Friends of West University Place Parks Fund, Inc. (Friends) would like for City Council to consider the appointment of four prospective board members who have submitted applications and have been interviewed by Friends. A motion was approved at the September 1, 2004 board meeting to recommend to City Council the following individuals: Jeannette Baughman, Margaret Wallace, Katy Holt, and Claudia Holmes. The Friends would also like to recommend the reappointment of Leah Ragiel and Cindy Hassler to the Board. A motion was made by Council Member Fogler, seconded by Council Member Farley, to approve Resolution No. 2004-12 appointing and reappointing members to the Friends of West University Place Parks Fund, Inc. 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 Appointment of representatives to the Houston-Galveston Area Council General Assembly. Matters related to the appointment of a representative and alternate to the Houston- Galveston Area Council General Assembly. A motion was made by Council Member Fogler, seconded by Council Member Segal, to approve the appointment of Council Member Woods as the City?s representative to the General Assembly of the Houston-Galveston Area Council and to appoint Council Member Farley as the Official Alternate. 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 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: 5 City Council Regular Session, September 13, 2004 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 during the last Regular Session on August 23, 2004, the City Council amended Section 9.302 of Ordinance No. 1773 and adopted it on the first reading. This amendment has been included for the second reading of the Ordinance. A motion was made by Council Member Segal, seconded by Council Member Fogler, to adopt Ordinance No. 1773 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 Roofs and piping. Matters related to roofs and piping including Ordinance No. 1775. Mayor Ballanfant read the caption of Ordinance No. 1775 as follows: 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 Copies of Ordinance No. 1775, in the form proposed for adoption, were available in the Council Chambers. Building Official Dennis Mack reported that the Building and Standards Commission has favorably recommended that the standard code schedule 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 rating and the Building and Standards Commission felt that the City should raise this to Class A in order to provide a higher degree of safety. 6 City Council Regular Session, September 13, 2004 Class "A": The highest fire-resistance rating for roofing as per the American Society for Testing and Materials (ASTM). Indicates roofing is able to withstand severe exposure to fire originating from sources outside the building. Class "B": Fire-resistance rating that indicates roofing material is able to withstand moderate exposure to fire originating from sources outside the building. Class "C": Fire-resistance rating that indicates roofing material is able to withstand light exposure to fire originating from sources outside the building. Asphalt shingles are the most commonly used material on the older residential roofs in West U. After checking with several local suppliers, staff ascertained that class C asphalt shingles are no longer sold in the local area. Therefore, replacement of an older asphalt shingle roof with newer class A shingles will result in no additional cost due to the increase in fire residence rating. The chart below indicates the cost comparison of the many different roofing materials used today. Cost: Low = 1 High = 10 20 years 20+ years 1 None Class A - good Composition 3 Tab shingles 25 years 25+ years 2 None Class A - good 25-year composition 30-50 years 30-50 years 2-4 None Class A - good Architectural grade composition 30-50 Yr. Generally none 8-25 years 5-6 None None * Cedar Shake 30-50 years 30+ 6-7 None None * Pressure Treated Cedar Shake 20-40 years 20-50 years 5-7 None None non- Standing Seam Metal combustible 20 years 20+ years 4 None None non- Metal - Exposed fastener combustible Metal "Shake" "Lifetime" 30 years 7 None Class A Non- Concrete Tile 50-60 years 50+ years 5-6 None combustible Seal coat every Hot tar Generally none 10-20 years 3 None 5 years 7 City Council Regular Session, September 13, 2004 Re-coat every 5 Torch down 10-12 years 10-20 years 3 Generally none years Non- Natural slate None 50-150 years 10 None combustible 2. PVC and CPVC pipe be a minimum schedule 40. The City?s current ordinance allows all schedules of CPVC and PVC pipe that 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. A motion was made by Council Member Farley, seconded by Council Member Woods, to adopt Ordinance No. 1775 on the first 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 Foundations. Matters related to foundations including the Standard Codes Schedule and a recommendation from the Building and Standards Commission (BSC). Bryant Slimp, Chair of the BSC, briefed the City Council on the progress the Board has made concerning proposed foundation code changes. He stated that the goals of the BSC on foundation code modifications are to protect the homeowners from poor construction, discourage homeowners from choosing the foundation design based solely on economics, and protect property values and tax base for the City. The BSC would like to transfer responsibility from the City to the structural engineer, set minimum design criteria related to risk and responsibility, and exempt single story garage structures. Mr. Slimp stated that the BSC would be holding a public hearing on the proposed changes and then would bring a final report to the City Council. 8 City Council Regular Session, September 13, 2004 Drainage and flood prevention. Matters related to drainage and flood prevention including: a. Interlocal Agreement with the Harris County Flood Control District. b. Proposal for preliminary engineering services with Claunch & Miller, Inc. City Manager Michael Ross reported that in 2003, the City of West University Place authorized Claunch & Miller, Inc. to prepare a preliminary engineering report for the design of the College Street storm sewer system sized for the typical 50% (2 year) event. From that study the estimated cost of the new storm sewer system is currently $3.8 million for the storm sewer route starting along College Street down to Bellaire Boulevard and discharging into Poor Farm Ditch. The City delayed the final design phase of this project in order to determine the regional drainage projects that would need to be completed to accept these increased flows from City improvements. A collaborative effort by the Harris County Flood Control District (HCFCD) and the cities of Bellaire, Houston, Southside Place and West University Place was undertaken. The Poor Farm and Kilmarnock Regional Study Group (PFKRS) was created. In June of 2004 the following recommendations from that group were made: Poor Farm DitchKilmarnock Ditch Expand the current concrete lined Replace the North Braeswood/Beechnut Bridge portion of Poor Farm Ditch between University Boulevard and Bellaire Blvd. Remove/replace the existing outfall culverts into Brays Bayou Replace the Bellaire Bridge Include 21 acre-feet of mitigation Include 43 acre-feet of mitigation The purpose of this preliminary engineering report is to further explore and provide a preliminary design for a series of drainage improvements to reduce structural flood damage during extreme rainfall events within the project areas. The key improvement for the area is an extreme event storm sewer system coupled with the HCFCD improvements to the above ditches. The HCFCD has agreed to fund the development of an extreme event storm sewer Preliminary Engineering Report (PER) of the City of West University?s College Street Area drainage system and the Auden Avenue drainage system in the City of Southside Place. An original proposal sent to the HCFCD in May of 2004 by Claunch & Miller, Inc. included the above areas, as well as the PER for the extreme event on Bellaire Boulevard and the replacement of the Bellaire Boulevard Bridge over Poor Farm Ditch. In an effort to expedite the repaving of Bellaire Boulevard, HCFCD divided out the portions of this project that are related to Bellaire Boulevard. The remaining budget in the Poor Farm and Kilmarnock Regional Study funded this portion of the project. 9 City Council Regular Session, September 13, 2004 Mr. Ross reported that the Proposal and Interlocal Agreement that is the subject of this agenda request are for the remaining portion of the original PER proposal and includes the improvements in West University Place and also an evaluation of a storm sewer system in Southside Place. The HCFCD has agreed to pay for the PER but has requested that West University Place administer this project since the project lies almost entirely within its municipal boundaries. The three major project elements will be the following: Determine the underground and overland (street) improvements necessary to accommodate an extreme event in the College Street storm sewer system. Evaluate the size and location of an extreme event storm sewer to be routed up Auden Avenue or Edloe Street for the City of Southside Place. Perform a mitigation analysis for interim conditions to determine what type of restrictions may be needed if the improvements are constructed before the project mitigation is identified or completed. A motion was made by Council Member Woods, seconded by Council Member Farley, to approve the Interlocal Agreement between the City of West University Place and Harris County Flood Control District and to approve the proposal from Claunch & Miller, Inc. for an amount not to exceed $110,000.00 to be contributed by Harris County Flood Control District. 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 Old street name signs. Matters related to the old street name signs including approval to dispose of the signs for fair market value to the West University Elementary School Auction and Friends of West University Place Parks Fund. Mr. Ross reported that the Friends of West University Place Parks Fund, Inc. (Friends) would like for Council to allow the Friends to take possession of the out of service street signs. First, Friends proposes to offer the signs to West University Elementary (WUE) School for use in its October/November 2004 auction to generate funds for its PTO. Second, signs left after WUE?s auction will be placed in the Friends auction at the January 21, 2005 Park Lovers? Ball. Last, Friends will offer the remaining signs to West University Little League to sell in its auction in April 2005. 10 City Council Regular Session, September 13, 2004 The Friends believe this to be a good will gesture, particularly since there are so many signs available. It will be made clear to all parties that for each sign sold $2.00 will be paid to the City as scrap value. All remaining unsold signs will be returned to the City to be sold for scrap value. It is also the Friends understanding that the signs can remain stored where they are currently located. Council Member Segal suggested that the City make the signs available to the Friends. Friends could auction some of them off and keep the proceeds. If there is another organization such as the PTO or Little League that the Friends felt was an appropriate organization then he proposed that the Friends share in the proceeds of the auction. The City Council discussed fair market value of the signs and the sharing of the proceeds. A motion was made by Council Member Segal, seconded by Council Member Fogler, (1) to authorize the City Manager to place surplus street name signs in the possession of the Friends, from time to time until May 1, 2005, (2) that the Friends be authorized to sell such signs at auction (either a Friends-auction or an auction conducted jointly for Friends and one or more other community organizations), partnering with Friends by sharing in the proceeds of the sale of signs at the auction by such organization (3) that the Friends must return any unsold signs to the City by May 15, 2005, and (4) the Friends must agree in writing to the provisions of this motion, before signs are delivered. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Farley, Fogler and Woods Voting Nay: Mayor Ballanfant Absent: None City Council minutes. Matters related to the minutes of the Regular Session conducted on August 23, 2004. A motion was made by Council Member Fogler, seconded by Council Member Farley, 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 11 City Council Regular Session, September 13, 2004 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. Mr. Ross reported that a comprehensive Interlocal Agreement with the City of Southside Place would be brought to the Council in the near future. Based on that, the City would be terminating all the segmented agreements and the comprehensive agreement would take their place with no time gap. Mayor Ballanfant commented that he heard that the City of Bellaire was considering going to a year round pool. The City Council recessed at 8:33 p.m. and reconvened at 8:36 p.m. The City Attorney left the meeting. Workshop Session (in the Council Chamber) City finances, facilities, programs and the 2005 Budget. Matters related to city finances, facilities, programs and the 2005 Budget including revenues and expenditures for current and future years for all funds, and capital improvements and related programs and expenditures, including recreation facilities and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, animal recreation facility, traffic and parking and other public improvements. The City Staff reviewed the Police and Fire Department?s proposed budget with the City Council. 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. 12