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CITY COUNCIL SPECIAL SESSION
MONDAY, JANUARY 28, 2002
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Special Session in the Municipal Building Conference
Room (3800 University Blvd.) on January 28, 2002, with the following members present:
Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City
Manager, City Secretary, City Attorney, Public Works Director, Finance Director, and
Parks and Recreation Director were also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
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Chapter 551, on the 25 day of January 2002 at 3:00 p.m.
Agenda Review
.
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
Redevelopment plan and budget for Colonial Park and discussion of the overall
park system.
Matters related to the redevelopment plan and budget of Colonial Park including the
overall West University Place park system and the Y.M.C.A.
Jim Patterson of Knudson and Associates presented the plan for the first phase of the
redevelopment of Colonial Park. The cost estimate is approximately $410,000 to
$540,000.
The City Council discussed the possibility of relocating the utility lines and the associated
costs.
A motion was made by Council Member Griffin, seconded by Council Member Jackson,
to approve the plans for the redevelopment of Colonial Park as presented and to authorize
the staff to move forward with the construction documents and bid process.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson
Voting Nay: None
Absent: None
City Council Special Session, January 28, 2002
The City Council recessed the Special Session at 7:30 p.m. to convene in Regular
Session.
The Special Session reconvened at 8:00 p.m.
Warranty work on Priority Area 6B.
Matters related to warranty work in Priority Area 6B by Contractor Technology, Inc. and
a construction schedule.
City Manager Sherman Yehl reported that during the one year construction warranty
period on Priority Area 6B, several large ?birdbaths? developed in the gutter lines of the
pavement in several different areas. Contractor Technology, Inc. (CTI) is the contractor
of record, who was informed in writing of the need for the warranty work in advance of
the one-year warranty expiring. After multiple meetings, CTI has agreed to honor the
warranty work and to eliminate the problems.
Noise ordinance.
Matters related to the City?s noise ordinance including train whistles.
Public Works Director Michael Ross stated that at the January 14, 2002 City Council
meeting staff was requested to provide information on the City?s ability to regulate leaf
blower noise and train whistles within the corporate city limits.
He reported that the sound made by leaf blowers, lawnmowers and other lawn
maintenance equipment is in violation of City ordinance if it is powered by an internal
combustion engine and is being operated within 200 feet of an occupied residential
building during residential quiet hours.
Quiet hours are defined as:
Monday - Friday ~~ Before 7:00 or after 8:00
AMPM
Saturday ~~ Before 8:00 or after 8:00
AMPM
Sunday ~~ Before 12:00 or after 8:00
NOONPM
This ordinance is enforceable by all peace officers and other City enforcement personnel.
According to the ordinance, the person operating the equipment would be made aware
that they are in violation of the City's noise ordinance and asked to turn off the
equipment. The individual would be required to keep the equipment off until the quiet
hours ended.
Mayor Lewis suggested the possibility of establishing a ?quiet day? one day a week. She
commented that most residents have their lawn mowed by a service company and that
usually takes place during the week.
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City Council Special Session, January 28, 2002
The City staff will bring a recommendation forward for consideration of a ?quiet day? at
another council meeting.
The City Council did not express any interest in banning leaf blowers in the City.
Mr. Ross reported that the locomotives that currently travel adjacent to the western
boundary of West U are within the City of Houston?s city limits.
State statute requires the engineer in charge of a locomotive to ring the bell and blow the
whistle or siren at least one-quarter mile from where the railroad crosses a public road or
street unless:
a) there is not a significant risk; b) if impractical; c) if Supplementary Safety Measures
adequately compensate or substitute for the warning system. The engineer shall continue
to ring the bell or whistle until the locomotive has crossed the road or stopped.
The same State statute allows a governing body of a municipality to regulate the ringing
of bells and blowing of whistles and sirens within its limits. The City of Houston
currently has an ordinance, which prohibits the blowing of any whistles or horn on any
locomotive for a longer period of time than five seconds, except when there is imminent
danger of an accident.
The following are some additional options the City may consider for improving the level
of train whistle noise adjacent to the City:
Subject to the Federal Railroad Administration?s approval, the City of West
University Place could request that the City of Houston further regulate the train
whistles.
Within its jurisdiction, if a municipality is willing to install Supplementary
Safety Measures at a railroad crossing the Federal Railroad Administration may
approve the establishment of a ?Quiet Zone? through the area. In order to establish
Quiet Zones at the Bissonnet and Bellaire intersections the cities of Houston, West
University Place and Bellaire would have to work together.
A sound abatement wall or heavy landscaping could be considered adjacent to
the homes along the railroad corridor.
If the City of Houston agreed, Houston could deannex the railroad right-of-way
and the City of West University Place could annex the right-of-way in an attempt
to further regulate the locomotives and related noise.
A grade separation could be installed at the intersections so there would be no
further need for the trains to blow their whistles.
The City Council discussed the possibility of partnering with the surrounding cities to
implement the supplementary safety measures.
The City staff will continue the research for regulating the train whistles.
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City Council Special Session, January 28, 2002
Council process on discussing agenda items.
Matters related to the process and Council policy of discussing Regular Session agenda
items during the Special Session.
Council Member Farley requested that this item be postponed until the next meeting.
Council Member Griffin commented that citizens have a problem in determining what
time the city council meetings actually start and when items are discussed because most
of the discussions are held during the 6:30 meeting. She suggested that the two agendas
be combined so that it is clear that the meeting starts at 6:30.
This item will be discussed at the next meeting and the staff will present a sample agenda.
Report from Board or Commission Liaisons.
The City Council reported on Board or Commission meetings attended by the liaisons.
Mayor Lewis reported that the Adult Services Board now has a computer and is offering
computer classes.
Inquiries, requests and complaints.
The City Council reviewed matters received from the public and referred them to the
appropriate department or will place them on a future agenda for consideration or action.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Jackson, seconded by Council Member Farley, to adjourn. The
Special Session adjourned at 8:47 p.m.
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