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CITY COUNCIL REGULAR SESSION
MONDAY, AUGUST 12, 2002
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 August 12, 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, Police Captain and
Management Analyst 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 8 day of August 2002 at 2:00 p.m.
Informal Session
Drainage and flood prevention.
Matters related to drainage and flood prevention including a report and recommendation
from the Drainage Committee.
Denis Powers, Chair of the Drainage Committee, reported that the appointed members of
the Committee reviewed the December 2001 Drainage Study of Priority Area 2 as
prepared by the consulting engineers, Claunch and Miller, Inc. The Committee conducted
site inspections of some of the streets in the effected area, the drainage ditches (both Poor
Farm and Kilmarnock) and the outlet to Brays Bayou. Comments and information from
effected residents were also received.
Mr. Powers stated that the Committee has concluded that to provide protection against
flooding, it is in the best interests of the City and its residents to quickly, within the next
budget cycle, move forward on the recommended short-term capital improvements
(A,B,C, and D) as presented in the study contingent upon the following:
1. An agreement be reached for an appropriate cost sharing formula for the effected
municipalities based on the acres impacted.
2. Both the timing of completion of the improvements and the consequent
redistribution of the water from Poor Farm to Kilmarnock Ditch receiving
approval from the Harris County Flood Control District.
3. Our City attorney along with the City of Southside Place investigate and obtain the
drainage easement shared between the western boundary of Southside Place and
eastern boundary of West University parallel to Auden.
City Council Regular Session, August 12, 2002
The Committee’s recommendations regarding the Long-term improvements are:
1. That all effected government agencies (both municipal and county) work
expeditiously to achieve feasible improvements to both drainage channels.
2. Upon reaching consensus that the approved changes be funded by an acreage-
drained formula as presented in the short-term improvements.
The Drainage Committee requested that the City Council quickly budget $3.8 million to
reduce and/or eliminate flooding in the effected areas of West University Place.
Mayor Lewis commented that at this point there was absolutely nothing that could be
done to make a decision regarding drainage tonight. She stated that 3.8 million dollars
was a huge amount of money to request of the Council and a decision as to whether that
money was going to be well spent needed to be made. Claunch & Miller and the Harris
County Flood Control District have both said that there were no guarantees to solve the
problem of flooding in a situation like this. Mayor Lewis stated that these are issues that
will continue to get attention not only from this Council but also from the surrounding
cities.
She invited residents to comment on the recommendations.
Rodi Franco asked what the process is and what it would take to get the $3.8 million in
this year’s budget.
Interim City Manager Michael Ross commented that subject to the Council’s approval this
would be a recommended capital project in 2004. The City is also waiting to see the
results of the study conducted by the HCFCD on Kilmarnock Ditch.
Mrs. Franco asked if the City was looking at 2 to 3 years for a decision or a solution.
Council Member Griffin stated that it would be 2 to 3 years unless this Council decided
differently and placed drainage as a priority.
Mayor Lewis commented that it would take the majority of the Council who believes that
this project requires a sense of urgency but there are so many projects with priorities on
this next year’s budget. She stated that for our own protection the process moves very
slowly.
Numerous residents commented on the flooding problems. They requested that the
Council make a decision immediately to approve the $3.8 million and move forward with
the process now and not in 3 years. They agreed that it was the duty of the City to give
them proper drainage.
Council Member Farley commented that David Kasper, the Chief Hydrologist from
Claunch & Miller pointed out that drainage to the Kilmarnock Ditch may completely
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City Council Regular Session, August 12, 2002
alleviate the flooding problem in Priority Area 2 even in the event of a 100 year storm. He
stated that the residents believe that since the completion of the infrastructure
improvements in Area 2, the flooding has actually gotten worse.
Council Member Griffin stated that this project is something that the City needs to push
forward and that next to the infrastructure improvements, drainage should be a priority.
Council Member May commented that the first step should be an engineering study rather
than wait for other entities. He stated that the first phase should be to stop the daily
flooding and long-term; the City should look at the elevations for new homes relative to
sea level.
Further discussion continued regarding the process for preventing flooding.
A motion was made by Council Member May, seconded by Council Member Griffin, to
authorize an engineering study for the drainage project.
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
Streetlights.
Matters related to streetlights including contracts and related matters.
Mr. Ross reported that the Staff has conducted extensive research into all possibilities
related to the implementation of the lighting project. He presented a report on the
background of the project, information gathered from staff’s research, possible courses of
action, and a recommendation to proceed.
Mr. Ross stated that the recommendation from Staff is to either use Reliant-HL&P for the
project or contract with a lighting design consultant to develop a bid package for
competitively bidding streetlights.
The City Council and Staff addressed the tariff and maintenance fee, the potential time
frame of the project, initial installation costs, fees associated with a competitive bid and
the terms and conditions of the project including ownership of the system.
After a lengthy discussion, Council Member May expressed his desire to table the
consideration of this item.
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City Council Regular Session, August 12, 2002
A motion was made by Council Member Griffin, seconded by Council Member May, to
table consideration of the streetlights until the next regular session.
A vote was taken on the motion with the following result:
Voting Aye: Council Members May, Farley, Griffin and Jackson
Voting Nay: Mayor Lewis
Absent: None
Board or Commission meetings.
Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of
Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety, Senior
Services, Recycling & Solid Waste Reduction and Drainage Committee) including reports
from Council liaisons.
Les Albin, a member of the Building and Standards Commission, requested that the Staff
and City Council consider his request to have all engineered drawings for foundations
reviewed by a consulting engineer.
Mayor Lewis reported that the Public Safety Board addressed speed limits around the City
center.
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.
The City Council recessed the Informal Session at 9:00 p.m. to convene in Formal
Session.
Formal Session
Outdoor Lighting.
Matters related to outdoor lighting, including second and final reading of Ordinance No.
1716.
Mayor Lewis read the caption of Ordinance No. 1716 as follows:
An ordinance amending the Zoning ordinance of the City of West University Place, Texas
regarding outdoor lighting; and containing findings and provisions relating to the subject.
Copies of Ordinance No. 1716, in the form proposed for adoption, were available in the
Council Chambers.
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City Council Regular Session, August 12, 2002
City Attorney Jim Dougherty reported that Ordinance No. 1716 focused mainly on light
trespass. The Zoning and Planning Commission submitted their final report and
unanimously approved the proposed amendments.
A motion was made by Council Member May, seconded by Council Member Jackson, to
approve the second and final reading of Ordinance No. 1716.
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
Door to door Solicitors.
Matters related to solicitation including the first and final reading of Ordinance No. 1717.
Mayor Lewis read the caption of Ordinance No. 1717 as follows:
An ordinance relating to door-to-door solicitation; amending the Code of Ordinances of
the City of West University Place, Texas; containing findings and provisions relating to the
subject; and declaring an emergency
Copies of Ordinance No. 1717, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty reported that the primary purpose of Ordinance No. 1717
was to control crime and to help protect the privacy and peace and quiet of people in their
homes. The proposed Ordinance would require commercial solicitors to register with the
Police Department and that data would enable the Police to be more responsive when they
get calls. Registration would be quick and simple and persons under the age of 14 would
not be required to register. The proposed ordinance prohibits commercial soliciting
before 8:00 am or after 8:00 pm, or at any residence where the solicitor has fair notice that
soliciting is not welcome. These measures are designed to protect the peace, quiet and
privacy of residents in their homes. The ordinance would also prohibit leaving advertising
materials at homes where there is fair notice that this is not welcome.
Police Captain Tod Schneider also commented on the proposed ordinance.
A motion was made by Council Member Griffin, seconded by Council Member May, to
approve the first and final reading of Ordinance No. 1717.
A vote was taken on the motion with the following result:
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City Council Regular Session, August 12, 2002
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Interlocal memorandum of understanding.
Matters related to an interlocal memorandum of understanding with the Harris County
Flood Control District.
Mr. Ross reported that the memorandum from the HCFCD was sent to all of the cities
involved in the flood mitigation. The memorandum details what is expected from each
city and includes appointing representatives and participation in public meetings.
A motion was made by Council Member Jackson, seconded by Council Member May, to
accept the Interlocal Memorandum of Understanding with the Harris County Flood
Control District.
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 minutes.
Matters related to the minutes of the Regular Session conducted on July 22, 2002.
A motion was made by Council Member May, seconded by Council Member Jackson, to
approve the minutes as presented.
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
Staff report.
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City Council Regular Session, August 12, 2002
Mr. Ross reported that the request for proposals had been prepared for the Ruffino Road
property. He also reported that the City was addressing a transfer station for waste at the
Westpark property.
Council comments.
Council Member Griffin reported that she attended the TML region meeting and that they
are going to be concentrating more on one or two specific items to lobby the legislature
and their project for the year is a youth advisory committee.
Council Member May commented about the possibility of providing minor water detention
areas in the parks.
Mayor Lewis thanked Council Member Farley for participating in the Drainage
Committee.
The City Council recessed the formal session at 9:22 p.m. to reconvene in informal
session.
City Manager.
Matters related to the appointment of a public officer or employee.
a. Appointment of City Manager and employment agreement
Closed Executive Session to be held under Section 551.074, Texas Government Code.
b. City Manager search
The City Council convened in Executive Session at 9:25 p.m.
The Executive session closed at 10.48 p.m. Mayor Lewis called for a motion.
A motion was made by Council Member May, seconded by Council Member Farley, to
move toward the appointment of a City Manager at the next meeting, subject to
preparation of an acceptable employment agreement and Council Member Jackson is
authorized to oversee the work and seek the advice of Chuck Rohre and City Attorney.
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
Adjournment.
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City Council Regular Session, August 12, 2002
With no further business to come before the City Council at this time, a motion was made
by Council Member Farley, seconded by Council Member May, to adjourn. The Council
meeting adjourned at 10:50 p.m.
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