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HomeMy WebLinkAbout112299R CC Min i • 49 CITY COUNCIL REGULAR SESSION AND JOINT PUBLIC HEARING MONDAY, NOVEMBER 22,1999 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 November 22, 1999, with the following members present: Mayor Lewis presiding, Council Members Ballanfant, Bertim and May. The City Manager, City Secretary, City Attorney, Finance Director, Police Chief and Public Works Director were also present. Council Member Grubb was absent. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter 551, on the 19"' day of November 1999 at 5:00 p.m. 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 a proposal to amend the zoning ordinance of the City of West University Place to provide for personal wireless service facilities. In addition, the City Council considered the proposal in conjunction with a pending right-of-way ordinance. Members of the Zoning and Planning Commission present at the meeting were: Vice- Chair Marilyn Griffin, Karol Musher, 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. In order to ensure understanding of the proposal, Mrs. Griffin read through the ordinance, while providing explanatory comments on various items. Mrs. Griffin stated that a formal, final recommendation would not be made at this time. The commission will seek input to be considered at a later meeting of the zoning and planning commission. The commission will then come back to Council with a final report. Members of the public were invited to ask questions or speak concerning the proposed amendment. There being no persons wishing to be heard, the public hearing closed at 8:05 p.m. All statements, exhibits and documents will be made a part of the official record of this hearing. No written comment cards on this topic were given to the City Secretary. Citizen Comments: City Council Regular So* November 22, 1999 • Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Arthur L. Hirdler, 6416 Community, presented a letter dated November 27, 1999 regarding the storm water drainage along the railroad tracks. Gale Stokes, 3746 Georgetown, requested that the City Council address the issue of placing air condition units on second floors. Ordinance providing for increased annuities: Matters related to the first reading of Ordinance No. 1631 Mayor Lewis read the caption of Ordinance No. 1631 as follows: An ordinance providing for increased prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of West University Place, and establishing an effective date for the ordinance Copies of Ordinance No. 1631, 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 adopt Ordinance No. 1631 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and May Voting Nay: None Absent: Council Member Grubb Ordinance relating to Public Utility Commission. Matters related to the first and final reading of Ordinance No. 1632. Mayor Lewis read the caption of Ordinance No. 1632 as follows: An ordinance implementing the requirements of Chapter 283 of the Texas Local Government Code; authorizing the acceptance and filing of the base amount and allocation of the base amount with the Public Utility Commission of Texas; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1632, in the form proposed for adoption, were available in the Council Chambers. 2 City Council Regular Se* November 22, 1999 Is Finance Director Walter Thomas reported that as the laws have changed to provide for increased competition, one of the first areas affected is telephones. Mr. Thomas stated that the City has a charge for the use of its right-of-ways that is currently being borne by Southwestern Bell Communications. As other providers come in and use SWB lines to provide the same service, it would be inequitable for them to bear the whole cost of the ROW. Southwestern Bell and other providers petitioned to the Public Utility Commission and the State Legislature passed HB 1777, which changed how the municipal fee is allocated to telecommunication providers within the City. It will now be a per line charge instead of a per person charge. In order to do that, the City must calculate the base amount of the fee as it is now. That base amount is determined to be $167,012. The City must also determine the allocation of the fee between residential, business and other lines. That calculation has not been completed but the ordinance allows the Staff to finish that calculation with the City Manager's approval and forward it to the State. A motion was made by Council Member Bertini, seconded by Council Member Ballanfant, to adopt Ordinance No. 1632 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 and May Voting Nay: None Absent: Council Member Grubb Engagement of Urban Forester for Priority Areas 713, 8 and 12. Matters related to the engagement of an urban forester to develop plans and specifications for tree protection planning in Priority Areas 713, 8 and 12. The City Council withdrew this item from the Regular Session. Request for extension of building permit. Matters related to the house located at 4130 Riley and a request by the owner for an extension of time of the building permit authorized by a Settlement Agreement executed on May 5, 1999. Murphy Massing from the law firm of Broocks, Baker and Lange, stated that he was representing Frank and Kevin Mei and Culbern Investment Company regarding the property located at 4130 Riley. Mr. Massing reported that the property owners would like to request an extension of their building permit because of delays they have had in completing the house. Since entering into the Settlement Agreement with West University, they have experienced difficulties with sheet rock supply, quality of work from plumbers and the utility companies. Mr. Massing stated that the work needed to 3 City Council Regular SAW, November 22, 1999 complete the home included a sprinkler system, plumbing, electrical, carpets, hardwoods, interior painting, gutters and major appliances. They requested an extension of 60 days. A motion was made by Council Member Bertini, seconded by Council Member May, to refer the item to staff for a report and recommendation. City Manager Sherman Yehl asked Mr. Massing if they were requesting 60 days from the November 5th date, when the building permit expired, or 60 days from today's date. Mr. Massing replied that they would like to extend the permit to 60 days from today's date. The City Council discussed the motion to refer the item to staff for recommendation and the delay it would further cause the completion of the home. Council Member May suggested that the item be referred to the City Staff for a final decision in order to expedite the process. Mayor Lewis called for a vote on the motion on the table. A vote was taken on the motion with the following result: Voting Aye: Council Member Bertini Voting Nay: Mayor Lewis, Council Members Ballanfant and May Absent: Council Member Grubb The motion failed. A motion was made by Council Member May, seconded by Council Member Ballanfant, to authorize the City Staff to make a decision, document it and report back to the City Council with a report. Council Member Bertini stated that he opposed abrogating the responsibility of Council to the City Staff especially in an area that is such of a great importance to the citizens as new home construction. Mayor Lewis called for a vote on the motion. Voting Aye: Mayor Lewis, Council Members Ballanfant and May Voting Nay: Council Member Bertini Absent: Council Member Grubb The motion passed. 4 i City Council Regular Set, November 22, 1999 • City Council minutes: Matters related to the minutes of the Special and Regular Sessions conducted on November 8, 1999. 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 Ballanfaut, Bertini and May Voting Nay: None Absent: Council Member Grubb Staff Report: City Manager Sherman Yehl introduced the new Police Chief, Kevin Begley. Council Comments: Council Member Bertini commented that the Traffic Task Force was meeting every other Wednesday. Council Member May commented that he applauded the dedication of Muriel Flake and all the member of the Traffic Task Force. Adiournment: 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 8:32 p.m.