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CITY COUNCIL REGULAR AND SPECIAL SESSION
MONDAY, MAY 9, 2005
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
The City Council convened in Regular and Special Session in the Municipal Building
(3800 University Blvd.) on May 9, 2005, with the following members present: Mayor
Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City
Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director,
Police Chief, Parks and Recreation Director, Finance Director and Tech Services were
also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
th
Chapter 551, on the 6 day of May 2005 at 3:00 p.m.
Special Session (in the Council Chambers)
Animal Recreation Facility.
Matters related to an Animal Recreation Facility including location, development costs,
policies, rules and regulations.
Members of the Animal Recreation Facility Task Force present at the meeting were:
Chairman Stacey Speier, John Markson, Steve Ritter, and Donna Field.
Stacey Speier, Chair of the Animal Recreation Facility Task Force, reported that the City
Council appointed a twelve (12) member Dog Park Task Force in September of 2004.
The Task Force met a total of nine (9) times, beginning on 9/15/04 and concluding on
2/23/05.
The Task Force addressed the following items in the process of reaching a final
recommendation for City Council:
Location
Being ?Good Neighbors? to Adjacent Property Owners
Development & Maintenance Cost
Potential Funding Sources
Policy/Procedure for Facility Access
Policy/Procedure regarding Large and Small Dog Use
Rules and Regulations for Facility
Hours of Operation
The Task Force formed individual sub-committees and spent countless hours in their
investigation and development of these items.
City Council Regular Session, May 9, 2005
LOCATION: Task Force took the following locations under consideration:
Water Treatment Plant ? Kirby @ North Braeswood
City Owned Lot - 6700 block of Community Drive
Portion of the Pipeline Corridor ? north/south between Bellaire Blvd and
Ruskin
Reliant Energy Utility Corridor ? north/south between Bellaire Blvd and
Bissonnet
Reliant/Metro property on West-Park ? east/west between Weslayan and
Edloe
?GOOD NEIGHBORS?: The Task Force, City Council and staff received numerous
citizen concerns regarding the possibility of developing a ?dog park? on the city property
located on Community Drive. The concerns are as follow:
Property Values
Traffic & Parking
Sanitation & Health
Safety
Noise
DEVELOPMENT AND MAINTENANCE COSTS:
Approximately $35,000.00 for Initial Development
Fencing, Gates, Water Fountains, Shade Structure, Waste Receptacles,
Signage and Benches.
Estimated Annual Maintenance Costs of $2,500.00
POTENTIAL FUNDING SOURCES:
Increase Pet Registration Fee
Restrict Park Access to Paid Membership
Conduct Annual Fund Raiser ? Doggy Splash Day
Research Grants from SPCA, PETA, etc?
Corporate Sponsorships ? PetsMart, PetCo, Area Veterinarians, etc?
POLICIES, PROCEDURES, RULES & REGULATIONS
HOURS OF OPERATION:
Dawn to Dusk ? No Lights in Park!
Mayor Ballanfant invited citizens to speak on a proposed animal recreation facility.
The following people spoke in opposition to an animal recreation facility located on
Community Drive. They addressed concerns regarding safety, noise, property values,
sanitation, traffic and parking.
Don Aubin, 4235 Ruskin
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City Council Regular Session, May 9, 2005
Andrea Aubin, 4235 Ruskin
Susan Banks, 3805 Grennoch
Erin Hoffman, 4212 Ruskin
Lisa Watkins, 4220 Ruskin
Paula Kekish, 4222 Ruskin
Hope Northrup, 4217 Ruskin
Rod Kellems, 4217 Ruskin
Bruce Watkins, 4220 Ruskin
Philip Sellers, 4225 Ruskin
Linda Smith, 6646 Community
Dee Sellers, 4225 Ruskin
Molly Perrotta, 4232 Ruskin
Susan Ritter, 4002 Milton, spoke in favor of an animal recreation facility.
Each member of the City Council thanked the members of the Task Force for all their
work on developing a proposed plan for an animal recreation facility. They agreed that
this item should be considered during a workshop session with the newly elected
incoming members of the City Council.
The meeting recessed at 7:18 p.m. and reconvened at 7:28 p.m.
Formal Session (in the Council Chambers)
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come
forward as their names were called.
Angie Kirby, 3930 Marlowe, opposed the construction of the home at 3936 Marlowe.
Tom Peden, 3936 Marlowe, addressed the construction of his new home at 3936
Marlowe. He stated that he submitted his plans in good faith and requested that he be
allowed to resume construction.
David Cole, 4104 Cason, commented that the contractor on the sidewalk construction
was not using quality materials or cleaning the site after construction. He also stated that
he was not complying with the 14-day requirement for completion.
Council Member Segal requested that the Staff report on the sidewalk construction at the
next meeting.
Cable Television Franchise.
Matters related to a cable television franchise including Ordinance No. 1796
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City Council Regular Session, May 9, 2005
Mayor Ballanfant read the Caption of Ordinance No. 1796 as follows:
An ordinance extending a cable television franchise and containing findings and
provisions relating to the subject.
Copies of Ordinance No. 1796, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty reported that this was the second reading of Ordinance No.
1796, which is a short-term extension of the existing franchise agreement.
A motion was made by Council Member Fogler, seconded by Council Member Woods, to
adopt Ordinance No. 1796 on the second and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Water rates.
Matters related to water rates including Ordinance No. 1803.
Mayor Ballanfant read the Caption of Ordinance No. 1803 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. 1803, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas reported that recently the City received notice from the
City of Houston announcing a 3.5% increase in the charge for contract treated water. In
order to pass this increase through to West U customers, a water rate increase of 1.5%
would be necessary. Sewer rates would remain unchanged.
Staff has prepared an ordinance to increase water revenues 1.5% in anticipation that
Council might wish to pass the City of Houston rate increase on to West U customers.
Alternatively, Council can defer the rate increase until the 2006 Budget Process is
complete and combine this rate increase with any rate increases that might arise from that
process.
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City Council Regular Session, May 9, 2005
Mr. Thomas stated that if the Council wishes to pass the 3.5% increase in the cost of
water purchased from the City of Houston through to water utility customers, staff
recommends adoption of Ordinance No. 1803
A motion was made by Council Member Farley, seconded by Council Member Fogler, to
adopt Ordinance No. 1803 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler
and Woods
Voting Nay: None
Absent: None
Council Member Farley left the meeting at 7:45 p.m.
Side and rear yard projections.
Matters related to side and rear yard projections including Ordinance No. 1797.
Mayor Ballanfant read the Caption of Ordinance No. 1797 as follows:
An ordinance related to side and rear yard projections; amending the zoning ordinance of
the City of West University Place, Texas; and containing findings and provisions relating
to the subject
Copies of Ordinance No. 1797, in the form proposed for adoption, were available in the
Council Chambers.
City Planner Nes Tesno stated that this proposal is to amend the zoning ordinance in
regard to buildings that project into the side and rear yards and the location and height of
mechanical equipment in said yards. Table 7-6, Projection Schedule allows buildings to
project into these yards (Note 3-rear yard, Note 5-side yard). Certain conditions must be
met for these projections to be allowed. One such condition is that there is no window,
door or opening (except for opaque, non-operable openings or skylights) above the
ground floor within 10 feet of another building site. This has been interpreted that it
includes within 10 feet; ZPC believes that the intent was only to regulate
any window
windows that actually face the adjacent properties. In the past this has restricted windows
on the front of garages. These windows are often needed for emergency egress.
Currently a principal building can project into the rear yard but must only have garage
space on the ground floor. This is preventing location of space such as storage,
workrooms, porches, and bathrooms. ZPC is recommending allowing the location of
such space if at least 51% of the projecting structure is garage space and the total space in
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City Council Regular Session, May 9, 2005
the rear yard does not exceed 600 square feet of non-garage space.
Currently mechanical equipment (e.g. air conditioning or pool equipment) placed in the
rear yard must be placed no higher than 14? above the ground. This amendment will
allow equipment to be placed higher if the City?s flood damage prevention ordinance
establishes a higher elevation.
Currently equipment cannot be placed or replaced in the side yard if there is not three feet
clearance to the property line. ZPC is recommending allowing replacement equipment to
be placed with a minimum of 18? clearance if the Fire Marshall determines that there are
no safety concerns on that property or the adjacent property. This proposal is due to
concerns of the energy efficiency of units being compromised by increasing the length of
the pipe.
The joint public hearing was held March 28, 2005. A few modifications were made to
clarify the proposal.
A motion was made by Council Member Woods, seconded by Council Member Fogler, to
adopt Ordinance #1797 amending the zoning ordinance in regard to side and rear yard
projections on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Old Stock housing.
Matters related to old stock housing including Ordinance No. 1798.
Mayor Ballanfant read the Caption of Ordinance No. 1798 as follows:
An ordinance related to old stock housing; amending the zoning ordinance of the City of
West University Place, Texas; and containing findings and provisions relating to the
subject
Copies of Ordinance No. 1798, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno reported that earlier this year City Council asked the Building & Standard
Commission to investigate the preservation of ?old stock housing?, which generally
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City Council Regular Session, May 9, 2005
means smaller homes older than 40 years. After their initial review, a report was
forwarded to the Zoning & Planning Commission. The Zoning & Planning Commission
decided that the most beneficial way to preserve ?old stock housing?, was to grant more
flexible criteria for an applicant to be granted a variance to remodel, or enlarge, one of
these old stock homes. The ZPC also is recommending allowing special exceptions in
regard to side and rear yards (setbacks) and the open area requirement on these existing
home sites.
The joint public hearing was held March 28, 2005. Due to concerns that were mentioned
during the public hearing, ZPC has recommended a change to the previous amendment to
allow all ?old stock housing? to increase the gross floor area to a total square footage not
to exceed 3,400 square feet.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
adopt Ordinance #1798 amending the zoning ordinance in regard to ?old stock housing?
on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Parking and uses.
Matters related to parking and uses including Ordinance No. 1799.
Mayor Ballanfant read the Caption of Ordinance No. 1799 as follows:
An ordinance related to parking and uses; amending the zoning ordinance of the City of
West University Place, Texas; and containing findings and provisions relating to the
subject
Copies of Ordinance No. 1799, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno stated that this proposal is to update the zoning ordinance relating to uses
(especially ones requiring special exceptions) and parking requirements. This proposal
would:
confirm that certain uses (e.g. schools, places of worship) may be located
anywhere in the city;
require special exceptions where there is a ?high density occupancy? which is
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City Council Regular Session, May 9, 2005
defined to include gatherings that cause traffic impediments;
allow the ZBA to issue special exceptions for private schools on split sites (partly
in C districts);
provide updated and more flexible parking regulations for institutions (e.g.
community center, library, school, places of worship);
allow more joint use of off-street parking spaces, with ZBA approval; and
update and revise related wording in the Zoning Ordinance.
The joint public hearing was held March 28, 2005. Many concerns were voiced at this
meeting in regard to relaxing parking restrictions and the location of certain uses any
where in the city. ZPC decided to remove the proposal for allowing special exceptions in
the commercial district for above ground parking due to public concern. After a lengthy
discussion ZPC is recommending that the remainder of the proposal be adopted.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
adopt Ordinance #1799 amending the zoning ordinance in regard to uses and parking on
the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Trees.
Matters related to trees including Ordinance No. 1800.
Mayor Ballanfant read the Caption of Ordinance No. 1800 as follows:
An ordinance related to trees; amending the zoning ordinance of the City of West
University Place, Texas; and containing findings and provisions relating to the subject
Nes Tesno, City Planner
Copies of Ordinance No. 1800, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno reported that last year during the review of Chapter 22, the Urban Forest
Preservation & Enhancement ordinance, it was recommended to require at least one
qualified tree in the front yard on building sites. This was a requirement several years ago
in the original tree regulations.
The joint public hearing was held March 28, 2005. ZPC approved the final report to
council on April 27, 2005.
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City Council Regular Session, May 9, 2005
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
adopt Ordinance # 1800 amending the zoning ordinance in regard to qualified trees on the
first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Planned development districts.
Matters related to planned development districts including Ordinance No. 1801.
Mayor Ballanfant read the Caption of Ordinance No. 1801 as follows:
An ordinance related to planned development districts; amending the zoning ordinance of
the City of West University Place, Texas; and containing findings and provisions relating
to the subject
Copies of Ordinance No. 1801, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno stated that last year City Council requested that the Zoning & Planning
Commission investigate redevelopment regulations in commercial districts. ZPC
determined that by allowing more flexible rules for planned development districts
(PDD?s), that it may encourage redevelopment in commercial areas. The proposal would
allow the possibility of a zero front yard setback in the commercial district, allow two or
more owners in the C district to join together to apply for a PDD (currently all the land
must be owned by one person), and to modify the square footage requirements for the
smallest PDD?s. The possible zero front yard setback could encourage pedestrian
oriented buildings to be built adjacent to the sidewalk. Allowing two or more owners to
join in on the PDD makes sense in a community like West University Place where most
commercial building sites are small and could not meet the square footage requirement.
The square footage requirement was updated to reflect this possible joining of building
sites.
The joint public hearing was held March 28, 2005. ZPC approved final report to council
on April 27, 2005.
A motion was made by Council Member Woods, seconded by Council Member Fogler, to
adopt Ordinance #1801 amending the zoning ordinance in regard to ?PDD?s? on the first
reading.
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City Council Regular Session, May 9, 2005
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Depth and width measurements.
Matters related to depth and width measurements including Ordinance No. 1802.
Mayor Ballanfant read the Caption of Ordinance No. 1802 as follows:
An ordinance related to depth and width measurements; amending the zoning ordinance
of the City of West University Place, Texas; and containing findings and provisions
relating to the subject
Copies of Ordinance No. 1802, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno reported that this proposal is to amend the definitions of ?depth? and ?width?
in Article 2 of the Zoning Ordinance. The purpose of this amendment is to facilitate the
building official in accepting the nominal site dimensions from a recorded plat. Due to
latter surveys showing actual dimensions to be a few inches different from the platted
dimensions, building sites were being put into non-compliance. This proposal will also
decrease the number of cases sent to the ZBA when these latter surveys make their
building sites in violation of the zoning ordinance by not meeting minimum size
requirements.
The joint public hearing was held on March 28, 2005. Questions were raised concerning
the amount of flexibility given to the building official. ZPC decided to limit the
discrepancy in dimensions to only six inches. Some wording was added to clarify that
these definitions would be used in determining compliance with the minimum
dimensions of a building site only and that the most current plat be used.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
adopt Ordinance #1802 amending the zoning ordinance in regard to ?depth and width
measurements? on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
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City Council Regular Session, May 9, 2005
City Council minutes.
Matters related to the minutes of the Regular Session conducted on April 25 and Special
Session conducted on May 2, 2005
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
approve the minutes of April 25, 2005 as amended and the minutes of May 2, 2005 as
presented.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Intergovernmental & Infrastructure Issues; Staff or Council Report.
Matters relating to intergovernmental relations and agreements including negotiations,
extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of
Southside Place, Metropolitan Transit Authority agreements, infrastructure projects,
drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and
coalition, City owned properties, potential purchase of property, City Center project,
streetlights, railroad quiet zones and task force, board and commission liaison reports and
related matters. This may include report(s) from staff and reports and directives to staff
from Council Members.
City Manager Michael Ross reported that the City should have a quiet zone by the end of
the year.
Council Member Segal inquired about the employee benefits and the insurance pool.
Mr. Ross commented that the Staff was still working on employee benefits but it appears
that the current benefits are good and the City may not participate in the pooling next
year.
Mayor Ballanfant commented on current bills in the legislature.
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 questions,
house under construction, legal defense, permits, administrative proceedings, pending or
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City Council Regular Session, May 9, 2005
contemplated litigation or a settlement offer, and purchase, exchange, lease or value
of real property and related 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 Sections 551.071 and 551.072, Texas
Government Code
After the announcement, the City Council conducted a closed, executive session
beginning at 8:15 p.m.
Present at the meeting were Mayor Ballanfant, Council Members Segal, Fogler and
Woods. Staff members present were the City Manager, City Secretary, City Attorney,
Assistant City Manager/Public Works Director and City Planner.
After the closed, executive session, the Mayor announced, in open session, that the City
Council had concluded its closed, executive session at 9:13 p.m.
Mayor Ballanfant called for a motion.
A motion was made by Council Member Segal, seconded by Council Member Woods, to
execute the engagement letter dated May 4, 2005 from Mark Breeding of Andrews &
Kurth, L.L.P., authorizing the firm to represent the City in connection with the lawsuit
involving the Marlowe Property in accordance with the terms of the letter.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Fogler, seconded by Council Member Segal, to adjourn. The
Council meeting adjourned at 9:14 p.m.
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