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CITY COUNCIL SPECIAL AND REGULAR SESSION
MONDAY, NOVEMBER 27, 2006
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
5:30 P.M.
The City Council convened in Special and Regular Session in the Municipal Building (3800
University Blvd.) on November 27, 2006, with the following members present: Mayor Ballanfant
presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary,
City Attorney, Finance Director, Fire Chief, Police Chief, Parks and Recreation Director, and
Assistant to the City Manager were also present.
The notice for this meeting was posted in accordance with the Texas Government Code, Chapter
st
551, on the 21 day of November 2006 at 3:30 p.m.
Special Meeting
3936 Marlowe Street; Weslayan Street.
Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from Bissonnet
Street to Bellaire Boulevard), including easement or right-of-way matters, house under
construction, legal defense, permits, administrative proceedings, pending or contemplated
litigation or a settlement offer, and purchase, exchange, lease or value of real property and related
issues.
The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway,
City Attorney Alan Petrov and Legal Counsel Mark Breeding to attend the Executive Session
because their presence is necessary for the Council?s consideration of the issues.
At this point in the meeting, the Mayor publicly announced that a closed, executive session
would be held and identified the section of the Open Meetings Law under which the meeting
would be held.
Closed Executive Session to be held under Section 551.071 and Section 551.072 Texas
Government Code.
After the announcement, the City Council conducted a closed, executive session beginning at
5:30 p.m.
After the closed, executive session, the Mayor announced, in open session, that the City Council
had concluded its closed, executive session at 5:45 p.m.
City Council Regular and Special Session, November 27, 2006
West University Place Recreation Center and Colonial Park.
Matters related to the West University Place Recreation Center and Colonial Park including plans
for the redevelopment of both.
The City Staff and Council discussed the redevelopment of the Recreation Center and Colonial
Park including the immediate need for repairs to the existing facilities.
Members of the Parks and Recreation Board present at the meeting were Chair David Stephan,
Paul Brace and Joni Fichter. The Executive Director of the Friends of West University Place,
Donna LaMond, was also present. Members of the Parks Board reiterated their recommendation
to develop a process to gather concrete statistical information about the recreational priorities of
the community and identify how to develop a plan to deliver the desired facilities at a reasonable
cost.
The City Council agreed that it was imperative to begin the planning process now and that the
plan should be completed by May in order to prepare for a November 2007 Bond Election. They
requested that the Parks Board and Staff develop a scope of work to hire a park planner.
The City Council recessed the Special Session at 6:35 p.m. to convene in Regular Session.
Council Member Woods left the meeting at 6:35 p.m.
Formal Session
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come forward as
their names were called.
Don Davis, 5901 Lake, commented that the Meineke Muffler Shop on Kirby Drive was creating
parking and safety problems for the residents on Lake Street.
Roger Chang, 5820 Lake, requested that the City Staff investigate the safety problems caused by
the Meineke Muffler Shop.
Robert Reid, 5815 Lake, commented that the Meineke Muffler Shop was hanging the mufflers on
his fence.
Robert New, 3315 Georgetown, inquired about the intention of Council to purchase the property
at 3301 Georgetown and if it was purchased, how it would be developed.
Water rates and other fees.
Matters related to water rates and other fees including Ordinance No. 1836.
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City Council Regular and Special Session, November 27, 2006
Mayor Ballanfant read the caption of Ordinance No. 1836 as follows:
An ordinance relating to water rates; amending the fee schedule of Code of Ordinances of the
City of West University Place, Texas; and containing findings and provisions relating to the
subject.
Copies of Ordinance No. 1836, in the form proposed for adoption, were available in the Council
Chambers.
Mr. Thomas reported that the 2007 Budget appropriates a total of $4,963,650 for operations, debt
service and capital for the Water and Sewer Utility Fund for the year beginning January 1, 2007
and ending December 31, 2007. The Budget projected a 3% increase to Water and Sewer rates in
order to keep pace with automatic increases in the rate charged for treated water from the City of
Houston and increases in the other costs of service.
The monthly increase in utility bills is summarized in the table below:
GallonsMonthly
UsedIncrease
0.843,000$
1.869,000$
3.0615,000$
5.2625,000$
Ordinance 1836 also increases the following fees to reflect current costs or market conditions:
Electrical Work Permit Application Fee from $10 to $15
Heating, Ventilation, and Air Conditioning Permit Application Fee from $5 to $15
Plumbing and Gas Permit Application Fee from $10 to $15
Signs Permit Application Fee from $10 to $15
Utility New Service Connect from $25 to $30
Delinquent utility customer cutoff fee from $30 to $50
A motion was made by Council Member Yehle, seconded by Council Member Segal, to adopt
Ordinance No. 1836 on the second and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle
Voting Nay: None
Absent: Council Member Woods
The motion passed 4-0.
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City Council Regular and Special Session, November 27, 2006
Special events and permit for sale or consumption of alcohol
.
Matters related to permits for sale or consumption of alcoholic beverages during special events
including Ordinance No. 1838.
Mayor Ballanfant read the caption of Ordinance No. 1838 as follows:
An ordinance of the City of West University Place, Texas amending Chapter 10, Alcoholic
Beverages, of the West University Place Code of Ordinances, by amending Section 10-10,
entitled Consumption in Public Places, authorizing the City Manager or his designee to grant
special permits for the sale and/or consumption of alcoholic beverages in public places; and
containing findings and provisions relating to the subject.
Copies of Ordinance No. 1838, in the form proposed for adoption, were available in the Council
Chambers.
Parks and Recreation Director Tim O?Connor reported that over the years, the City has received
requests from groups to allow the sale, distribution and consumption of alcoholic beverages in
public places. Public place is defined as any public street or alley of the City, or any real
property either owned or leased by the City. Some events that have been identified as candidates
for the issue of such Special Permits are the Party on the Patio Summer Concert Series and
Music Under the Stars Outdoor Classical Concert Series.
If approved, staff would prepare a Special Permit Application Form and Rules of the City. The
Application Form and Rules would at a minimum require the applicants to (1) abide by the laws
of the State of Texas regarding the sale, consumption, or distribution of alcoholic beverages,
including without limitation, those laws prohibiting the consumption of alcoholic beverages by
persons under 21 years of age; (2) provide that certified law enforcement officers be on duty
during the special event; and (3) agree to indemnify the City from any and all liability associated
with the sale, consumption, or distribution of alcoholic beverages in the public place during the
duration of the special permit.
After discussion of this item, the Council agreed to table this item until the next meeting to allow
the City Staff to research some issues with respect to State law and to draft procedures that would
accompany the ordinance.
City Council minutes.
Matters related to the minutes of the Regular and Special Session conducted on November 13,
2006 and Special Session on November 17, 2006.
A motion was made by Council Member Segal, seconded by Council Member Yehle, to approve
the minutes of November 13, 2006 as amended and the minutes of November 17, 2006 as
presented.
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City Council Regular and Special Session, November 27, 2006
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle
Voting Nay: None
Absent: Council Member Woods
The motion passed 4-0.
Council Reports.
Mayor Ballanfant reported that the City of Southside Place has signed the contract with the
Harris County Flood Control District to provide for the additional drainage under Bellaire
Boulevard.
City Manager Report.
City Manager Michael Ross reported that the Staff has received the 80% complete plans for the
College Street and Bellaire drainage system. An interlocal agreement between the City of West
University Place and the City of Southside Place will be considered in January 2007.
Adjournment.
With no further business to come before the City Council at this time, a motion was made by
Council Member Cohen, seconded by Council Member Segal, to adjourn the Regular Session.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle
Voting Nay: None
Absent: Council Member Woods
The motion passed 4-0.
The City Council adjourned the Regular Session at 7:10 p.m. and reconvened in Special Session.
Park Property.
Matters related to the purchase, exchange, lease or value of real property for park purposes.
Discussions will include, but are not limited to, 3301 Georgetown.
The City Council discussed the acquisition of land for park property including the purchase of
3301 Georgetown.
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City Council Regular and Special Session, November 27, 2006
Mr. New requested that the integrity of the streetscape and neighborhood be maintained if the
Council purchased the property at 3301 Georgetown.
No action was taken on this agenda item.
Adjournment.
With no further business to come before the City Council at this time, a motion was made by
Council Member Cohen, seconded by Mayor Ballanfant, to adjourn the Special Session.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal and Yehle
Voting Nay: None
Absent: Council Member Woods
The City Council adjourned the Special Session at 7:37 p.m.
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