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CITY COUNCIL REGULAR SESSION
MONDAY, MAY 8, 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 May 8, 2000, with the following members present: Mayor Lewis presiding,
Council Members Ballanfant, Bertim, Grubb and May The City Manager, City
Secretary, City Attorney, Finance Director, Police Chief 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 5s' day of May 2000 at 4:00 p.m.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
Judy Levison, 3220 Plumb, requested that the City Council adopt an ordinance requiring
the use of bike helmets. She presented a petition from residents in the city who were
supporting this issue.
Jimmy Bryant, 4101 Albans, requested that the excess sales tax revenue be distributed to
all employees in the city not just one or two departments.
Wayne Donoaho, 6124 Kirby, commented that he had planned on developing his
property in the near future but the recent zoning changes had made it impossible to now
build two townhouses. He felt that there should have been some input from property
owners in the area.
Kim Evans, 6116 Kirby, commented that with the recent zoning amendments her options
were very limited on what she can now build on her property. She stated that she would
appreciate being able to build two townhouses on the site.
John Mixon; 6136 Kirby, commented that the recent zoning amendments are denying him
reasonable use of his property. He believes the city is acting unconstitutional.
Larry Kelly, 3319 Georgetown, stated that he is a member of the Zoning and Planning
Commission and was part of the effort to amend the zoning ordinance. He commented
that while the city has one new single family resident on Kirby Drive, he deems it
extremely unlikely that the other lots can be developed as "single family dwellings on one
of the busiest thorough fares in Houston.
Carmen Flores, 6130 Kirby, commented that she wanted to build two townhouses on her
property and found an architect who could meet the previous zoning rules but with the
new changes it was now impossible.
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City Council Regular Session, May 8, 2000
Carolyn Allen, 6204 Kirby, commented that the best use for her property on Kirby is to
build townhouses. She stated that one of the attractions for buying the property was that
it was zoned as a townhouse development.
Ordinance relating to personnel policies.
Matters related to the second and final reading of Ordinance No. 1639.
Mayor Lewis read the caption of Ordinance No. 1639 as follows:
An ordinance relating to personnel policies; adopting a new personnel handbook;
providing an effective date; and containing findings and provisions relating to the subject
Copies of Ordinance No. 1639, in the form proposed for adoption, were available in the
Council Chambers.
City Manager Sherman Yehl reported that he had been working with staff from the City's
Employee Development Group to revise and update the handbook for Y2K. The
following are some of the major changes:
• Formalizes a policy that employees will be at 95% of the mid -range after six years of
service and 95% of top range after 12 years of standard service in a position;
• Provides exempt employees the ability to retire and receive health benefits with at
least 10 years of service in the Texas Municipal Retirement System and with at least
three years of service with the City;
• Adds two additional classifications to the exempt employee list;
• Clarifies worker's compensation provisions;
• Increases tuition reimbursement from $1,500 per year to $2,000 per year, but requires
payback of the reimbursement if the employee leaves within one year after receiving
reimbursement; and
• Provides part-time employees with pro -rated benefits.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini to adopt Ordinance No. 1639 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
Voting Nay: None
Absent: None
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City Council Regular Session, May 8, 2000
Ordinance relating to the comprehensive plan.
Matters related to the second and final reading of Ordinance No. 1641.
Mayor Lewis read the caption of Ordinance No. 1641 as follows:
An ordinance adopting an amended comprehensive plan; amending the code of
ordinances; and containing findings and provisions relating to the subject
Copies of Ordinance No. 1641, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty reported that a joint public hearing was held in March to
consider the proposed Comprehensive Plan and the Zoning and Planning Commission
has issued their final report in favor of the plan.
A motion was made by Council Member Bertini, seconded by Council Member Grubb, to
adopt Ordinance No. 1641 on the second and final.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Ordinance regarding peripheral areas and the commercial district.
Matters related to the second and final reading of Ordinance No. 1643.
Mayor Lewis read the caption of Ordinance No. 1643 as follows:
An ordinance amending the zoning ordinance and code of ordinances of the City of West
University Place, Texas regarding peripheral areas and the commercial district, with
companion and conforming amendments; prescribing an effective date and transitional
provisions; and containing findings and provisions relating to the subject.
Copies of Ordinance No. 1643, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty stated that Ordinance No. 1643 would amend the zoning
ordinance with respect to the peripheral areas and some of the commercial districts. A
joint public hearing was held in March to consider the proposed amendments and the
Zoning and Planning Commission has issued their final report in favor of the plan. This
is the same ordinance that was passed on first reading with one exception. There is a
City Council Regular Session, May 8, 2000
recommendation to modify the effective date language to carry forward the 1996 cut -off
date that was in the original ordinance that called a public hearing on the proposed
amendments. The provision would state "new construction within newly - platted
townhouse subdivisions would have until July 1, 2005 as a deadline to file their complete
permit applications and obtain their prior non - conforming status under Section 12 -102b
of the existing ordinance. A newly platted townhouse subdivision is a subdivision
established by plat or replat approved finally by the ZPC after January 1, 1996 but before
the adoption of the ordinance calling a joint public hearing on this matter."
A motion was made by Council Member Grubb, seconded by Council Member Bertini, to
adopt Ordinance No. 1643 as presented on the second and final reading and as amended
by the City Attorney.
Council Member May commented that he was not convinced that the proposal as it is
currently written achieves the optimum result. He stated that he was concerned about the
adverse effect on the property owners especially those single lot holders on Bellaire and
Kirby. He commented that he had suggested in Special Session that the ordinance be
delayed and that he still feels the ordinance needs more consideration because there are
legitimate concerns.
Mayor Lewis encouraged the council members to cast a vote that they feel very secure in
making.
Council Member Bertini asked for comments from the Chair of the Zoning and Planning
Commission, Charles Nelson. He asked Mr. Nelson to address some of the concerns
from the citizens who spoke earlier.
Mr. Nelson stated that the Z&P undertook a number of projects where these perimeter
properties were coming forward. They did not have any way to handle things that
ultimately became garden style homes. He stated that one of the major concerns was the
high volume streets so they started looking at density issues, the visibility triangle, and
the fact that most of these properties where zoned townhouse and not commercial.
Townhouse properties have relaxed rules such as no volume metric calculations and
relaxed set backs rules. Traffic and safety is also a major concern so the Commission
would like to control ingress and egress out of those lots. Mr. Nelson recommended
adoption of the ordinance.
Council Member Grubb commented that the ordinance no way infringes upon the
existing single - family owner's ability to build a replacement house and they are certainly
free to use their land anyway consistent with the single - family dwelling. The only time
that it comes into play is if they elect to build a townhouse. He stated that he was very
concerned with the adequacy of parking and the utilization of garages. On the periphery,
if someone does not have an adequate garage, then they will be parking on the interior
streets in front of someone else's home.
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City Council Regular Session, May 8, 2000
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Council Member Ballanfant asked Marc Boucher, a member of the Z &P and an architect,
if he did most. of the drafting of the proposed ordinance.
Mr. Boucher commented that he felt confident with what the Z &P had drafted. He stated
that it was an enormous task because they do have to be concerned with these individuals
who own the separate properties. The question of density and traffic go hand in hand and
one of the biggest concerns is the effect the peripheral properties may have on the
neighbors behind them. Mr. Boucher stated that he would stand by the proposed
amendments.
A vote was taken on the motion with the following result:
Voting Aye: Council Members Ballanfant, Bertini and Grubb
Voting Nay: Mayor Lewis and Council Member May
Absent: None
The motion passed.
Coroorate Limit Man.
Matters related to a contract with Terra Surveying to create a West University Place
Corporate Limit Map.
Public Works Director Ed Menville stated that recent discussions with the City of
Southside Place dealing with the common boundary line have emphasized the importance
of having an up-to -date corporate boundary map. Historically, old maps have been used
and the limits of the city were assumed to be in a certain place. Unfortunately, these
maps did not have any accompanying supporting data that clearly stated how the
boundary lines were established. Terra Surveying Company, Inc. will prepare a
boundary map complete with metes and bounds description. Additionally, permanent
monuments, historical incorporation descriptions, subdivision plats and rights -of -way
maps to define the boundaries of the City will also be included in their work.
A motion was made by Council Member Ballanfant, seconded by Council Member
Grubb, to approve the contract with Terra Surveying in the amount of $27,750.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
City Council Regular SessIOU, May 8, 2000
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Citv Council minutes.
Matters related to the minutes of the Special and Regular Sessions conducted on April 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
Voting Nay: None
Absent: None
Staff report.
The City Manager reported that the city recently hired a Fire Marshall. This is another
required step to improving the city's ISO rating.
Council comments.
Council Member Grubb commented that he appreciated the petition on bike helmets. He
asked the city staff to prepare an ordinance requiring the use of bike helmets comparable
to the City of Houston's.
Council Member May commented that the Building and Standards Commission was
interested in requiring quieter air conditioning units.
Council Member Bertini commented that the Recycling and Solid Waste Reduction
Board was meeting on Tuesday to discuss light pollution.
Mayor Lewis commented that the annual report was in the mail to all residents in the city.
She thanked the. staff for preparing the report. She also commented that this was the first
anniversary of this council. She thanked the members of the council for doing their job.
Adjournment.
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 8:22 p.m.
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