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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 14,2000
MUNICIPAL BUILDING COUNCIL CHAMBERS
3800 UNIVERSITY BOULEVARD
7:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers on February 14,2000, with the following members present: Mayor Lewis
presiding, Council Members Ballanfant, Bertini, Grubb and May. The City Manager,
City Secretary, City Attorney, Public Works Director, Police Chief and Fire Chief were
also present.
The notice for this meeting was posted in accordance-with the Texas Government Code,
Chapter 551, on the 11th day of February 2000 at 3:30 p.m.
Citizen Comments.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
Leo Sacchi, 3768 Rice Blvd., spoke about the loud noises coming from boom boxes in
cars. He requested that the City Council take a look at the noise ordinance.
Ralph Pokluda, 5320 Sewanee, spoke to the City Council about covering Poor Farm
Ditch during the development of the Edloe Linear Park.
Ordinance callint!: Joint Public Hearint!:.
Matters related to the first and final reading of Ordinance No. 1634
Mayor Lewis read the caption of Ordinance No. 1634 as follows:
An Ordinance calling a Joint Public Hearing on a Comprehensive Plan for the City of
West University Place, Texas; containing findings and other provisions relating to the
subject; and declaring an emergency.
City Attorney Jim Dougherty reported that the Ordinance would call a joint public
hearing for March 13,2000.
Copies of Ordinance No. 1634, in the form proposed for adoption, were available in the
council chambers.
A motion was made by Council Member May, seconded by Council Member Bertini, to
adopt Ordinance No. 1634 on the first and [mal reading.
A vote was taken on the motion with the following result:
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City Council Regular SeS:ndn, February 14, 2000
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Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Ordinance callint!: Joint Public Hearin~.
Matters related to the fIrst and final reading of Ordinance No. 1635
Mayor Lewis read the caption of Ordinance No. 1635 as follows:
An Ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance
and the code of ordinances of the City of West University Place, Texas, regarding
peripheral areas and the commercial district, with companion and conforming
amendments; prescribing procedures and notices; prescribing a temporary regulation for
permits and approvals; containing fIndings and provisions relating to the subject; and
declaring an emergency.
Mr. Dougherty reported that Ordinance No. 1635 would call a joint public hearing for
March 27,2000.
Copies of Ordinance No. 1635, in the form proposed for adoption, were available in the
council chambers.
A motion was made by Council Member Grubb, seconded by Council Member Bertini, to
adopt Ordinance No. 1635 on the first and fInal reading and specifying that the temporary
limitation imposed in the Ordinance does not apply to submissions and site plans that
have already been approved by the Zoning and Planning Commission after January 1,
1996.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Zonin!! Ordinance re~ardin~ wireless and ri!!ht of wav facilities.
Matters related to the frrstandfmal reading of Ordinance No; 1636
Mayor Lewis read the caption of Ordinance No. 1636 as follows:
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City Council Regular Ses~lod, February 14,2000
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An ordinance extending temporary limitations on certain permits and approvals regarding
wireless and right of way facilities; containing findings and provisions relating to the
subj ect; and declaring an emergency.
Mr. Dougherty stated that there are two major updates coming forward to the Council,
one involves the wireless and the other involves the right of way facilities in general. In
order to give time for these recommendations to be considered by Council and acted on
in the usual manner, the staff is recommending that the temporary limitation be extended
for about 60 days.
Copies of Ordinance No. 1636, in the form proposed for adoption, were available in the
council chambers.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini, to adopt Ordinance No. 1636 on the first and final reading.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Zonint!: Ordinance ret!:ardint!: encroachments into yards.
Matters related to the first reading of Ordinance No. 1637
Mayor Lewis read the caption of Ordinance No. 1637 as follows:
An ordinance amending the zoning ordinance of the City of West University Place,
Texas, to provide for certain encroachments into yards; and containing findings and
provisions relating to the subject.
Mr. Dougherty stated that this was the Ordinance that was the subject of a public hearing
in 1999 and has been worked on by the Zoning and Planning Commission for about a
year. They have now submitted their final report and recommendation. The purpose is
to allow prior non-conforming status for certain encroachments into yards. The change
would allow a special exception granting PNC status for structures located in a yard or
setback area in apparent violation of Table 7-2 of the Zoning Ordinance. The Zoning
Board of Adjustment would have authority to grant relief in those circumstances.
Copies of Ordinance No. 1637, in the form proposed for adoption, were available in the
council chambers.
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City Council Regular SeSSion, February 14,2000
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A motion was made by Council Member Bertini, seconded by Council Member Grubb, to
adopt Ordinance No. 1637 on the first reading as introduced by the Mayor and discussed
by the City Attorney.
A vote was taken on the motion with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
A!!:reement for automatic assistance.
Matters related to an Agreement for Automatic Assistance between the City of West
University Place and the City of Bella:ire Fire Departments.
Fire Chief Terry Stevenson reported that in 1980 the City of West University Place
entered into an agreement with other cities in Harris County to provide equipment,
facilities and personnel to other participants in the mutual aid agreement on an as
requested basis to aid in fire suppression. WUPFD has operated under this agreement
with the City of Bellaire since 1980. The Fire Suppression Rating Schedule used by ISO
requires that responses under this type of agreement be automatic instead of on request.
The Agreement for Automatic Assistance is an addition to the 1980 agreement and
satisfies the ISO requirement.
A motion was made by Council Member May, seconded by Council Member Bertini, to
approve the Agreement for Automatic Assistance.
A vote was taken on the motion with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
1999 Tax Refund.
Matters related to 1999 ad valorem tax refunds in the amount of $7672.70.
City Manager Sherman Yehl reported that Section 31.11 of the Property Tax Code
requires approval by the City Council of property tax refunds that exceed $500.00.
Occasionally the - City receives an overpayment of property taxes. The causes of
overpayment vary, but the most common are:
. Both the taxpayer and the taxpayer's agent pay the property tax causing a duplicate
payment.
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City Council Regular Ses),h111, February 14, 2000
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· The taxpayer may issue a check in the wrong amount causing an overpayment.
. Simple mistakes.
These refunds stem from duplicate payments of property taxes.
At this time, Transamerica Tax Services is due a refund of $1 ,565.38, First American Tax
Services of $4,448.91, Fidelity Title Company of $949.56, and Commonwealth Title
Company of$708.85.
A motion was made by Council Member Grubb, seconded by Council Member Bertini, to
approve the 1999 ad valorem tax refunds in the amount of $7,672.70.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Construction of sidewalks on Edloe and BissoDnet Streets.
Matters related to the construction of sidewalks on the west side of Edloe Street between
Tangley and Plumb and on Bissonnet Street from Weslayan to Academy.
Public Works Director Ed Menville reported that there is a break in the sidewalk from
Sunset to Georgetown along Edloe at the property located at 3702 Tangley. In reviewing
the matter as part of the infrastructure improvement program, it was determined by staff
that it would be in the best interests of the City to install a sidewalk in this location
because of its use as a north/south school route. The estimated cost is $1,200.
Mr. Menville also reported that the original site plan and plat for the Lovett development
at Bissonnet and Weslayan includes a sidewalk along south Bissonnet from Weslayan to
Academy. That sidewalk will be installed as part of the development.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini, to receive and file the report as presented by the City Staff and also that the
sidewalk on Edloe be brought into conformance with the adjacent existing sidewalks.
A vote was taken on the motion with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
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City Council Regular Se~Slutl, February 14,2000
Citv Council minutes.
Matters related to the minutes of the Special and Regular Sessions conducted on January
24,2000.
A motion was made by Council Member May, seconded by Council Member Bertini, to
approve the minutes as presented.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Staff renort.
Mr. Yehl reported that the services of the METRO police have been directed to the rodeo
for the next couple of weeks.
Council comments:
Council Member Bertini commended the Fire Department for their fund raising efforts.
Council Member May commented that he wanted to recognize the efforts of the Traffic
Task Force.
Adjournment:
With no further business to come before the City Council at this time, a motion was made
by Council Member Grubb, seconded by Council Member May, to adjourn. The Regular
Session adjourned at 7:58 p.m.
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