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HomeMy WebLinkAbout091503R CC Min CITY COUNCIL REGULAR SESSION MONDAY, SEPTEMBER 15, 2003 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 September 15, 2003, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, City Attorney, Finance Director, Fire Chief, Parks and Recreation Director, Police Chief and City Planner were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 12 day of September 2003 at 5:40 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. Ken Hoffman, 4212 Ruskin, commented that when the YMCA property was purchased the intention was clear to West University residents that they were going to get a recreation building, more soccer fields and huge green space for leisure purposes. He stated that he was opposed to any deal that the City might consider to lease the property to the Houston Independent School District. He stated that leasing the property would cause traffic problems on Bellaire Boulevard and in West University. Rod Kellems, 4217 Ruskin, stated that he shared the views of Mr. Hoffman and that he supported the original plan for the YMCA property to be used as park space. Bob O?Connor, 4210 Ruskin, commented that he concurred with the last two speakers and that he opposed leasing the YMCA property to HISD. Cynthia Scott, 4025 Amherst, commented that the 80% rule for house size was being liberally interpreted and that it needed to be strictly enforced. She also commented that there should be a penalty for sidewalk contractors who did not protect the trees. Phil Sellers, 4225 Ruskin, commented that he opposed leasing the YMCA property to HISD. City Council Regular Session, September 15, 2003 Harris County Appraisal District. Matters related to Harris County Appraisal District and its Board of Directors including Resolution No. 2003-09. Mayor Ballanfant read the caption of Resolution No. 2003-09 as follows: A resolution of the City Council of the City of West University Place, Texas nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District. City Manager Michael Ross reported that the Chief Appraiser of the Harris County Appraisal District is requesting a nomination for a director of the Board of Directors to represent the City Councils of the cities other than Houston. A motion was made by Council Member Woods, seconded by Council Member Farley, to nominate Walter Kronzer, III to the Harris County Appraisal District Board. 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. Mr. Ross stated that it is time for the Council to appoint a replacement to the Houston- Galveston Area Council General Assembly. A motion was made by Council Member Segal, seconded by Council Member Fogler, to designate Mike Woods as the representative and Mike Farley as the alternate to the Houston-Galveston Area Council General Assembly. 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 2 City Council Regular Session, September 15, 2003 Ad valorem taxes and resolution proposing tax rate and calling public hearings. Matters related to ad valorem taxes including Resolution No. 2003-10. Mayor Ballanfant read the caption of Resolution No. 2003-10 as follows: A resolution proposing a tax rate and scheduling public hearings; and containing findings and provisions relating to the subject. Finance Director Walter Thomas stated that in compliance with State law, a resolution recording a record vote on a proposal to increase property taxes has been prepared. The resolution also calls public hearings on the budget and the tax rate. All political subdivisions of the State of Texas who levy an are required to ad valorem tax publish notices and hold a public hearing if they intend to raise property taxes. The requirement does not distinguish between increased property taxes due to increases in assessed values or increases in the property tax rate. The proposed budget is based on a property tax rate of 44.6700 cents per $100 valuation, a 1.67 cent per $100 valuation increase from last year?s property tax rate of 43 cents per $100 and below the 44.6755 cent roll back tax rate. Since the 44.6755-cent rate does not exceed the rollback tax rate, its adoption will not trigger the ?roll back? provisions of the Property Tax Code. A record vote must be taken determining the maximum tax rate City Council anticipates approving. If the tax rate is reduced after hearing citizen?s concerns at the public hearing, the City will have complied with the law. If the tax rate is set above the published amount, the City will have to republish and hold another public hearing. Since the highest rate under consideration is 44.67 cents per $100 valuation, proposing this rate offers the most flexibility to the Council. At the proposed 44.67-cent per $100 valuation, the City?s property tax assessed against a home valued at $472,938 (the average taxable value) will increase $195.15 per year to $2,112.61 and total property tax revenues will increase 10.1 percent. A motion was made by Council Member Farley, seconded by Council Member Segal, to adopt Resolution No. 2003-10 setting a proposed tax rate of 44.67 cents per $100 valuation and calling public hearings on the tax rate and the 2004 Budget for a council meeting scheduled on September 29, 2003. 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 3 City Council Regular Session, September 15, 2003 Zoning and Planning Commission and Zoning Board of Adjustment (calling joint public hearing). Matters related to the Zoning and Planning Commission and Zoning Board of Adjustment including Ordinance No. 1749 (An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding the Zoning and Planning Commission and Zoning Board of Adjustment; prescribing procedures and notices; containing findings and other provisions relating to the subject; and declaring an emergency. This item was covered at a previous council meeting. Temporary corner site access . Matters related to temporary corner site access including Ordinance No. 1750. Mayor Ballanfant read the caption of Ordinance No. 1750 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas regarding temporary corner site access; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1750, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno stated that the City of Houston will be taking on a major infrastructure construction project on Kirby Drive in the near future. Also the City of Southside Place has planned a major reconstruction of Bellaire Boulevard. Some of the commercial properties in the City of West University Place will not have any access during the time when the street is being reconstructed since their only access is from these major thoroughfare streets. By ordinance no access is allowed onto residential streets when a non-residential building site abuts both a residential street and a major thoroughfare. The Zoning & Planning Commission has proposed this amendment that would authorize temporary access to corner sites, but only with a ?special city permit issued in connection with nearby construction or other temporary condition?. This permit could authorize temporary access from the side . This amendment limits the term of the residential street permit, does not authorize the destruction of any large tree and requires restoration of the site after the term of the permit expires. Mrs. Tesno stated that a joint public hearing was held on July 28, 2003 and the Zoning & Planning Commission issued a favorable final report. 4 City Council Regular Session, September 15, 2003 The City Council asked numerous questions regarding the time limit for restoration of the site. They requested that this be included in the ordinance not just in the issued permit. A motion was made by Council Member Fogler, seconded by Council Member Farley, to table consideration of this item until a later date. 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 Tree inventory and master plan. Matters related to a Tree Inventory and Master plan including a contract for an Urban Forestry Partnership Grant with the Texas Forest Service. Mrs. Tesno reported that as Council requested, staff is in the process of developing a tree inventory and tree master Plan. Staff has investigated the cost of a citywide tree inventory and the possibility of receiving a grant for the creation of a Tree Master Plan. The Texas Forest Service, in cooperation with the United States Department of Agriculture Forest Service and the Texas Urban Forestry Council, Inc. has established a statewide Urban Forestry Partnership Grant Program as part of its overall goal of developing long-range urban forestry programs in communities across Texas. Staff applied for this grant to help defray the costs associated with collecting the data for the Tree Inventory and creation of the Tree Master Plan. The City was approved for a $10,000 matching grant for the purpose of creating a Tree Inventory and a Master Plan. The grant must be signed and submitted to the Texas Forest Service by October 1, 2003 in order to receive it. Staff has submitted a capital improvement project request to fund the entire project. A motion was made by Council Member Segal, seconded by Council Member Farley, to authorize the City Manager to enter into a contract with the Texas Forest Service for a $10,000 matching grant for the purpose of creating a Tree Inventory and Master Plan subject to an affirmative approval of the contract by the City Attorney. 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, September 15, 2003 Sidewalk improvement program. Matters related to the sidewalk improvement program including bids received August 21, 2003 for the first phase of the program. The City Staff requested that this item be withdrawn. City Council minutes. Matters related to the minutes of the Regular Session conducted on August 25, 2003 and Special Session on September 8, 2003. 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, Metropolitan Transit Authority agreements, infrastructure projects and related matters. This may include report(s) from staff or Council Members. Mayor Ballanfant reported that METRO is asking each of the small cities to adopt a resolution supporting the bond election for the transit system. The City Council recessed the regular session at 7:20 p.m. Workshop Session (in the Conference Room) Boards, commissions, etc. Matters related to Boards, Commissions, Committees and Task Forces (including Zoning & Planning Commission, Zoning Board of Adjustment, Building & Standards Commission, Parks & Recreation Board, Senior Services Board, Recycling & Solid Waste Reduction Board, and the Friends of West University Parks Fund, a non-profit corporation) including possible restructuring, abolition, consolidation, governing documents, other changes and related matters. 6 City Council Regular Session, September 15, 2003 Council Member Segal submitted a report from the Task Force charged with reviewing the Parks and Recreation Board. He stated that the Task Force concluded that the Parks and Recreation Board should continue to function. He reviewed the proposed changes to Chapter 2 and 16 of the Code of Ordinances. Council Member Fogler questioned one of the proposed amendments that allowed the Board to appoint task force. She commented that a task force should be appointed by the City Council. Council Member Segal stated that the Board could only appoint a task force with the approval of the Parks and Recreation Director. The City Council requested that the City Attorney prepare an ordinance for adoption at the next meeting. City finances, facilities, programs and the 2004 Budget. Matters related to city finances, facilities, programs and the 2004 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 Council and Staff addressed the value and the cost associated with the Police Accreditation program. Police Chief Ken Walker reported that since 1998 the City has spent $11,582.50 and is 40% complete. The City Council agreed that the program should be discontinued. Matters related to the purchase, exchange, lease or value of real property (West University Place recreation center) , located at 4210 Bellaire Boulevard The City Council and Staff discussed a proposed lease agreement with HISD. Mr. Ross reported that HISD has hired a traffic engineer to conduct a traffic impact analysis and it should be complete in 2 to 3 weeks. The study will need to show no impact to the residential streets. HISD would then be required to go before the Zoning Board of Adjustment to allow a school in a single-family district. Meredith Smith representing HISD was present at the meeting. She stated that the earliest HISD would be prepared to occupy the property was January or February when they would start placing portable buildings on the property. The City Council convened in a Closed Executive Session at 8:25 p.m. The 7 City Council Regular Session, September 15, 2003 Closed Executive Session was held under Sections 551.072 Texas Government Code. The City Council adjourned the Executive Session at 9:20 p.m. and reconvened in open session. Mayor Ballanfant instructed the City Staff to first resolve the indemnity and liability issues and the contract enforceability issues between the school district and the City; and if the school district so chooses they can concurrently or subsequently address the traffic impact issues; and finally the other lease terms. 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 Farley, to adjourn. The Council meeting adjourned at 9:21 p.m. 8