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CITY COUNCIL REGULAR SESSION
MONDAY, MARCH 27, 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 March 27,2000, with the following members present: Mayor Lewis
presiding, Council Members Ballanfant, Bertini, Grubb and May. The City Manager,
City Secretary, City Attorney, Police Chief, Parks and Recreation Director and Public
Works Director were also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
Chapter 551, on the 24th day of March 2000 at 5:15 p.m.
Recomition of members of the Home Place Celebration team.
The City Council made a presentation honoring the Home Place Celebration poster
contest winners and all members of the team.
Public Hearin!!:.
A Public Hearing was held before the Zoning and Planning Commission and 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
proposals to amend the City's Zoning Ordinance and subdivision regulations.
Members ofthe Zoning and Planning Commission present at the meeting were: Vice-
Chair Marilyn Griffin, Larry Kelly, Marc Boucher, Bob Higley and Stephen Pohl.
The public hearing was called to order by Mayor Lewis and Mrs. Griffin at 7:35 p.m.
Members of the public were invited to ask questions or speak concerning the proposed
amendments and regulations.
Arthur L. Hirdler, 6416 Community, addressed Table 7-4b regarding single-family
privacy protection note 7. He commented that the language was onerous and a better
solution could be found.
Ann de Rouffignac, 4040 Ruskin, presented written comments to the City Secretary. She
commented that she was concerned about the possibility of substantial impact on traffic
along Ruskin as well as increased parking by non-residents brought on by the opening of
the Whole Foods store on Weslayan.
Ellis Mills, 4012 Ruskin, addressed concerns about the noise that could possibly be
generated by the air compressors at the Whole Foods Market.
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City Council Regular Sesswn, March 27, 2000
All statements, exhibits and documents will be made a part ofthe official record of this
hearing. Written comments on this topic were given to the City Secretary.
There being no other residents wishing to speak on the proposed zoning ordinance and
subdivision regulations, the public hearing closed at 7:58 p.m.
Resolution appointin~ member to Senior Services Board.
Matters related to Resolution No. 2000-02 appointing Maureen Beck to the Senior
Services Board.
A motion was made by Council Member May, seconded by Council Member Ballanfant,
to approve Resolution No. 2000-02 appointing Maureen Beck to the Senior Services
Board.
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:
Ordinance relatin!!: to a municipal consent for telecommunications facilities.
Matters related to the second and fmalreading of Ordinance No. 1640.
Mayor Lewis read the caption of Ordinance No. 1640 as follows:
An ordinance approving and authorizing a municipal consent and construction permit for
certain telecommunication facilities; and containing findings and provisions related to the
subj ect.
Copies of Ordinance No. 1640, in the form proposed for adoption, were available in the
Council Chambers.
Public Works Director Ed Menville reported that AT&T Local Services has requested
permission to install 65 feet of underground conduit in Academy Street. The conduit
would be located just west of the existing curb line and north of Cason Street. The
conduit enables- them to run their communication cable underground from. an existing
overhead pole position to a vault in the Academy right-of-way.
The municipal consent provides for a non-refundable application fee of $850.00 plus a
construction plan review fee of $100.00. The right-of-way fee would be $13.00
quarterly.
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City Council Regular Sessron, March 27, 2000
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A motion was made by Council Member Bertini, seconded by Council Member May, to
adopt Ordinance No. 1640 on the second 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:
Ordinance amendin!!: buildin!!: code.
Matters related to the first reading of Ordinance No. 1642.
Mayor Lewis read the caption of Ordinance No. 1642 as follows:
An ordinance relating to sidewalks; 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. 1642, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty reported that there were two alternate versions presented to
the City Council. One was a draft of work done by the Zoning and Planning Commission
and the other one was from Council Members Grubb and Bertini. He stated that as he
understood the Council's direction in the Special Session, they would like to do a blend
of the two versions. This would be to take the base draft recommended by the
Commission and strike exceptions b(3} and b(5) and renumbering accordingly.
A motion was made by Council Member Grubb, seconded by Council Member Bertini, to
adopt Ordinance No. 1642 on the first reading as amended and stated by the City
Attorney.
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:
Ordinance relatine: to zonin!!: and subdivision re!!:Ulations.
Matters related to the first reading of Ordinance No. 1643.
Mayor Lewis read the caption of Ordinance No. 1643 as follows:
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City Council Regular SesSWIi, March 27,2000
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An ordinance relating to subdivisions; amending the code of ordinances of the City of
West University Place, Texas; and containing findings and provisions relating to the
subj ect.
Copies of Ordinance No. 1643, in the form proposed for adoption, were available in the
Council Chambers.
A motion was made by Council Member Ballanfant, seconded by Council Member May,
to table the first reading of Ordinance No. 1643.
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:
Ordinance relatine: to personal wireless service facilities.
Matters related to the first reading of Ordinance No. 1644.
Mayor Lewis read the caption of Ordinance No. 1644 as follows:
An ordinance amending the zoning ordinance of the City of West University Place, Texas
to provide for personal wireless service facilities; extending the temporary limitation
period on certain right of way permits and approvals; and containing findings and
provisions relating to the subject.
Copies of Ordinance No. 1644, in the form proposed for adoption, were available in the
Council Chambers.
Mr. Dougherty reported that Ordinance No. 1644 is the comprehensive regulation of
wireless service facilities that has been worked on for at least a year now. The joint
public hearing was held last December and the Zoning and Planning Commission has
considered the _ proposal and issued their fmal report in favor of the proposed
amendments. In the special session, there was a suggestion to reword one of the
provisions in the PWSF schedule under application No.4. to include not only within
three miles of the site but also include within the city.
Mr. Dougherty stated that also in Ordinance No. 1644, Section 2 is a temporary extension
of the rules for right-of-way use, which is related to this ordinance. It is a companion
ordinance that needs more work and in order to give more time to work on the right-of-
way ordinance, this would extend the temporary limitation into July.
A motion was made by Council Member May, seconded by Council Member Ballanfant,
to adopt Ordinance No. 1644 as amended on the first reading.
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City Council Regular Session, March 27, 2000
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:
Maintenance a!!:reement with Harris Countv Flood Control District.
Matters related to a maintenance agreement with the Harris County Flood Control
District relating to an outfall channel.
Mr. Menville reported that this agreement relates to a ditch that is commonly called the
Kilmamock Ditch. The facility is east of the railroad tracks and south of Thoede Auto
Supply. It is an open channel ditch that extends south to Braes Bayou. He stated that the
city staff has been working for many years trying to get the maintenance agreement in
place. The agreement as presented is now acceptable to all parties involved.
A motion was made by Council Member Bertini, seconded by Council Member Grubb, to
approve the agreement with the Harris County Flood Control District for the maintenance
of Kilmamock Ditch.
Council Member Bertini introduced. and recognized Herb Herndon with the HCFCD for
making the agreement possible. Council Member Bertini stated that he wanted to express
his personal appreciation for the work Mr. Herndon has done on behalf of the citizens of
West University Place.
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:
Report re!!:ardin!!: the hirin!!: of additional police officers and citations issued.
Matters related to a report from the City Staff on the status of hiring two additional police
officers and the number of citations issued.
Police Chief Kevin Begley reported that in adopting the budget, Council increased the
authorized sworn staff from 21 to 24 officers. This resulted in three vacancies on January
1,2000. There was an existing vacancy, which was created by an employee leaving in
early November, so the city was actually left with four vacancies to fill. Two officers
were hired in early 2000 and are currently in the training process.
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City Council Regular Sessmn, March 27,2000
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In early discussions regarding the filling of the vacancies, it was decided that an attempt
would be made to fill two positions utilizing federal funding under the COPS Program
administered by the U.S. Department of Justice. At the time the first two officers were
hired, the grant was not available; thus it was hoped that it would be available in time to
fund the remaining two positions. On March 7, 2000, the Department of Justice
announced funding availability for the COPS program. The deadline for submission of
applications is May-31, 2000. It is anticipated that actual funding would not occur until
September or October. Grant funding may not be used to pay for officers already
employed by anagency.
Despite the uncertainties of the COPS grant funding, the recruiting process has continued.
Job announcements have been faxed to all six of the local police academies and the staff
has received several responses. Historically, this venue is the source ofa significant
percentage of applicants. An advertisement has been placed in "The Blues" newspaper (a
police trade paper widely read in the greater Houston area and throughout the state). One
ad has already run and a second is scheduled for the next issue. An advertisement has
been placed on the Texas Municipal League publication "Texas Town and City" web site.
The position has also been posted on the "Law and Order" web site. Both of these web
sites are accessed frequently by officers both in Texas and across the nation. Plans have
been made to place an - advertisement in the Laredo newspaper in an attempt to draw
qualified personnel from that area. Advertisements have been placed in the Houston
Chronicle twice to date, but have received no response. The city has historically had
little or no response from local newspaper advertising. Lastly, a recruiting flyer has been
sent to the Regional Planning Commission academy in Midland, Texas and to other
academies in West Texas. The flyer was also sent to the Chairman of the Law
Enforcement school at Odessa College.
Chief Begley stated that the staff believes that the approach above will produce an
adequate pool of qualified candidates from which to fill the vacant positions in a-timely
manner. Depending upon the direction Council wishes to proceed relative to the COPS
funding, the remaining positions can be filled as early as June. Efforts to date have
resulted in seventeen applications currently on file.
The staff also provided a report on citations issued over the past five years.
A motion was made by Council Member Grubb, seconded by Council Member Bertini, to
accept the report as presented by Chief Begley, to proceed with all deliberate speed to
hire the two additional police officers and to proceed to submit a "COPS" application for
additional officers.
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:
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City Council Regular SessIifn, March 27, 2000
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Citv Council minutes.
Matters related to the minutes of the Special and Regular Sessions conducted on March
13,2000.
A motion was made by Council Member Ballanfant, seconded by Council Member
Grubb, 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 report.
City Manager Sherman Yehl reported that METRO is now enforcing traffic laws on some
of the West University streets. He also reported that the heater for the pool at Colonial
Park needs to be repaired and will probably take three to four weeks.
Council comments:
Council Member Grubb thanked Chief Begley for his report.
Council Member Bertini commented that the Traffic Task Force was meeting on
Tuesday,i\priI4th.
Mayor Lewis commented that the concert tickets for the Home Place Celebration were on
sale.
Adiourmnent:
With no further business to come before the City Council at this time, a motion was made
by Council Member Bertini, seconded by Council Member May, to adjourn. The Regular
Session adjourned at 8:18 p.m.
The City Councilreconvened the Special Session in the Council Chambers to consider
the remaining items on the agenda of the Special City Council meeting which, began at
6:30 p.m. on March 27,2000.
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