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Home My WebLink About100404R CC Min CITY COUNCIL REGULAR SESSION MONDAY, OCTOBER 4, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop and Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on October 4, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, Assistant City Secretary, Assistant City Manager/Public Works Director, Fire Chief, Police Chief, Finance Director and Parks and Recreation Director were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 30 day of September 2004 at 5:45 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. Patsy Graham, 6346 Mercer, spoke to the City Council regarding her chickens. She stated that she has received positive support from everyone who has read about her keeping chickens. Andrew Wilking, 6357 Edloe, stated that he supports Mrs. Graham and her chickens. David Cole, 4104 Cason, spoke to the City Council about the budget and the line item for streetlights. He commented on the difference between metal halide and high pressure sodium fixtures. 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, priorities, and related programs and expenditures, including the West University Recreation Center, Colonial Park, Rice Pocket Park 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 and Ordinance No. 1776. Mayor Ballanfant read the caption of Ordinance No. 1776 as follows: City Council Regular Session, October 4, 2004 An ordinance approving and adopting a budget for the fiscal year beginning January 1, 2005 and ending December 31, 2005 appropriating funds for such budget; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1776, in the form proposed for adoption, were available in the council chambers. Finance Director Walter Thomas reported that the Budget Ordinance appropriates funds as detailed below: General Fund9,979,190$ Water Fund4,730,800 Water Fund Capital Fund100,000 Debt Service Fund6,478,140 Capital Projects Fund480,000 Infrastructure Replacement Fund9,108,560 Sidewalk Construction Fund3,324,408 Senior Citizens Activity Fund15,000 Direct Dental Reimbursement Fund10,000 Parks Fund15,000 Equipment Replacement Fund357,000 Employee Separation Fund30,000 METRO Grant Fund259,000 Drainage Improvement Fund400,000 Solid Waste Fund1,073,200 Court Technology Fund14,000 Total Appropriations36,374,298$ A property tax rate of $0.44 cents per $100 of property value is required to fund these appropriations. Tax Rate% of Rate General Fund 0.200045.455% Debt Service Fund0.240054.545% Total Tax Rate0.4400100.000% Mr. Thomas stated that in order to complete the budget process, City Council must approve both ordinances, one adopting the budget and another setting the tax rate. These ordinances are presented for a first and final reading in order to meet the requirements of state law. A motion was made by Council Member Segal, seconded by Council Member Farley, to approve Ordinance No. 1776 on the first and final reading. A vote was taken on the motion with the following result: 2 City Council Regular Session, October 4, 2004 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Ad valorem taxes for tax year 2004 . Matters related to ad valorem taxes for tax year 2004 including Ordinance No. 1777. Mayor Ballanfant read the caption of Ordinance No. 1777 as follows: An ordinance levying and assessing ad valorem taxes for tax year 2004; confirming and granting exemptions; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1777, in the form proposed for adoption, were available in the council chambers. A motion was made by Council Member Farley, seconded by Council Member Woods, to approve Ordinance No. 1777 on the first 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 Legal Services. Matters related to employee related legal services for the City. City Manager Michael Ross reported that in January of 2004 City Council approved Staff?s request to hire Abrams Scott & Bickley, L.L.P (AS&B) to provide employee law counsel to staff in an amount not to exceed $25,000. Due to higher than average annual costs, the expenses are now approaching the $25,000 threshold. At this time it appears that an additional $10,000 ($35,000 total) will cover the remaining legal services for 2004. A motion was made by Council Member Segal, seconded by Council Member Fogler, to change the order of the agenda and move this item to the end of the meeting. A vote was taken on the motion with the following result: 3 City Council Regular Session, October 4, 2004 Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Parks and Recreation. Matters related to Parks and Recreation including past and future Master Plans, park projects, parkland, recreation facilities, task force appointments, operations and associated costs. Parks and Recreation Director Tim O?Connor reported that the City Manager instructed him to conduct an assessment of the immediate departmental needs, the planning tools that are currently at the City?s disposal and then to develop a preliminary proposal for an action plan. Mr. O?Connor conducted a power point presentation on the parks, current facilities and possible redevelopment. The City Council requested additional documents relating to parks and utilization reports. A discussion of the Master Plan and a Task Force will be addressed at the next meeting. Rice Pocket Park. Matters related to the Rice Pocket Park including park design, action plan and the creation of a Task Force. Mr. O?Connor reported that the .17-acre property, located at 3771 Rice Boulevard, has been in the City?s inventory since September of 1995. The City formally dedicated this property as parkland on October 28, 2002. The City arranged with the Texas A & M Landscape Architecture Department to prepare design concepts for the development of this property as a municipal pocket park. The Friends of West University Place Parks Fund, Inc. (Friends) and the Parks and Recreation Board reviewed the twenty-seven designs submitted by the A & M students and selected three design ?finalists?. The stated reasoning for selecting three designs was due to the fact that there were components in each of the designs that the boards felt should be incorporated into a final design. The Friends, in an effort to expedite the park development, approved funding up to $25,000.00, to be used for retaining a landscape architect to prepare a final design and the subsequent construction documents. Mr. O?Connor stated that the Staff recommends that City Council take the following action: 4 City Council Regular Session, October 4, 2004 Approve the proposed Rice Pocket Park Action Plan and move forward according to the Action Plan and to consider appointing a Rice Pocket Park Task Force, representative of two members of the Friends of West University Place Parks Fund, Inc. Board, two members of the Parks and Recreation Board, one City Council liaison and the Parks and Recreation Director. He stated that the Parks and Recreation Board Chair David Klutts submitted these two Parks Board Members Brennan Reilly and Cheryl Hoyal. Friends of West University Place Parks Fund Inc. Chair Joni Fichter submitted these two Board Members Kim Wilson and Joni Fichter. Mayor Ballanfant suggested the Council appoint two additional members. Council Member Segal stated that he anticipated that the members would be appointed by the entire Board rather than by the Chair of each Board. Council Member Farley commented that he believed the Chair of the Parks Board sent out an email asking for general consent on who would be interested. Mayor Ballanfant suggested that Stan McCandless and Kathy Wilde, who both live on Rice Boulevard, also be appointed to the Task Force. Council Member Segal commented that he would like to appoint someone who did not live on Rice and would have to drive to the park. A motion was made by Council Member Fogler, seconded by Council Member Segal, to appoint Brennan Riley, Cheryl Hoyal, Joni Fichter, Kim Wilson, Stan McCandless and a Council liaison to the Rice Pocket Park Task Force, and if before the next Council meeting another person comes forward, the Council can consider adding an additional member after interviewing them. 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 agreed that they would like to decide on the Council liaison to the Rice Pocket Park Task Force at the next meeting following the discussion of the Parks Master Plan and Task Force. 5 City Council Regular Session, October 4, 2004 Barnyard Fowl. Matters related to barnyard fowl including interpretation of the current law and past and future changes to the code of ordinances. Mr. Ross stated that the Staff has included a package of information as Council requested which includes some sample ordinances from other cities. The City Attorney has prepared a possible draft amendment for the Council to look at as a starting point if so desired. The City Council proposed several amendments to the current ordinance. After a complete discussion of this item, the City Council requested that the City Attorney prepare an ordinance for the next meeting. The City Council agreed that it be suggested to Staff that enforcement of the restriction on keeping existing chicken hens within the City limits be suspended until the ordinance is reconsidered at the next meeting. City Council minutes. Matters related to the minutes of the Regular Session conducted on September 27, 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, 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. No reports were given during this meeting. 6 City Council Regular Session, October 4, 2004 Legal Services. Matters related to employee related legal services for the City. A motion was made by Council Member Segal, seconded by Council Member Farley, to authorize the City Manager to increase the provision in the budget for legal services by $10,000 and that a agenda item be established for the next meeting regarding underlying legal matters. 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 Farley, seconded by Council Member Fogler, to adjourn. The Council meeting adjourned at 8:00 p.m. 7