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CITY COUNCIL REGULAR AND WORKSHOP SESSION
MONDAY, MAY 23, 2005
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular and Workshop Session in the Municipal Building
(3800 University Blvd.) on May 23, 2005, with the following members present: Mayor
Ballanfant presiding, Council Members Segal, Fogler and Woods. The City Manager,
City Attorney, Assistant City Manager/Public Works Director, Police Chief, Fire Chief
and Finance Director were also present. Council Member Farley was absent.
The notice for this meeting was posted in accordance with the Texas Government Code,
th
Chapter 551, on the 19 day of May 2005 at 5:00 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.
Baroque Fineberg, 4127 Cason, requested that the Recreation Center pool be open and
available to residents just like Colonial Park. He also requested that water fountains be
installed at each of the parks to accommodate dogs and their owners. He suggested that
this be an item of discussion for the Master Planning Task Force.
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.
City Council Regular Session, May 23, 2005
Mr. Thomas stated that this is the second reading of Ordinance No. 1803 and the staff
recommends its adoption.
A motion was made by Council Member Segal, seconded by Council Member Woods, to
adopt Ordinance No. 1803 on the second and final 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
Lateral house lines.
Matters related to lateral house lines including Ordinance No. 1794.
Mayor Ballanfant read the Caption of Ordinance No. 1794 as follows:
An ordinance relating to lateral house lines; authorizing payment and issuance of a
certificate; providing for assessment and lien; containing findings and provisions relating
to the subject; and declaring an emergency
Copies of Ordinance No. 1794, in the form proposed for adoption, were available in the
Council Chambers.
Mr. Thomas reported that the City Code Section 23.013 (g) provides that the City can
handle the relocation of house lines in connection with a project that relocates water and
sewer lines in the case of unusual hardship or special circumstances. The Finance
Department received a request from the resident of 3223 Albans, asking for financial
assistance because relocating the house lines would cause an unusual hardship. Staff has
documented that the resident?s annual income is below 80% of the Harris County Median
income ($24,776 annually) and accordingly is eligible for this program.
In a Council Meeting held April 11, 2005, the City Council authorized staff to proceed
with relocating the water and sewer lateral lines at 3223 Albans under the terms of this
program. Since that time, Church Plumbing Company, Inc. has completed the work to
both the City?s and the resident?s satisfaction. The remaining and last step is to authorize
payment to the contractor and assess the lien against the property.
A motion was made by Council Member Woods, seconded by Council Member Fogler, to
adopt Ordinance No. 1794 on the first and final reading authorizing payment to Church
Company, Inc. in the amount of $3,580.00 and providing for the assessment of a lien
against 3223 Albans in the same amount.
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City Council Regular Session, May 23, 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
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 yards. The Staff?s recommendation is to adopt Ordinance No.
1797 on the second and final reading.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
adopt Ordinance #1797 amending the zoning ordinance in regard to side and rear yard
projections on the second and final 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
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City Council Regular Session, May 23, 2005
Copies of Ordinance No. 1798, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno reported that this ordinance gives flexibility to residents wishing to remodel
old stock housing. The recommendation is to adopt Ordinance No. 1798 on the second
and final reading.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
adopt Ordinance #1798 amending the zoning ordinance in regard to ?old stock housing?
on the second and final 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 the primary reason for this amendment was to update and revise
the City Code to comply with state and federal laws in regard to uses and parking
requirements. The Staff recommends adopting Ordinance No. 1799 on the second and
final reading.
A motion was made by Council Member Woods, seconded by Council Member Fogler, to
adopt Ordinance #1799 amending the zoning ordinance in regard to uses and parking on
the second and final 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 23, 2005
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 stated that this ordinance requires that building sites have at least one
qualified tree in the front yard or in the adjacent street area. The Staff recommends
adopting Ordinance No. 1800 on the second and final reading.
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
second and final 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 this Ordinance encourages some redevelopment in Commercial
areas. The Staff recommends its adoption on the second and final reading.
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City Council Regular Session, May 23, 2005
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
adopt Ordinance #1801 amending the zoning ordinance in regard to ?PDD?s? on the
second and final 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
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?
to allow some flexibility in discrepancies in surveys. The Staff recommends adopting
Ordinance No. 1802 on the second and final reading.
A motion was made by Council Member Fogler, seconded by Council Member Woods, to
adopt Ordinance #1802 amending the zoning ordinance in regard to ?depth and width
measurements? on the second and final 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
Texas Municipal League and Proposed Legislative Bills.
Matters related to proposed legislative bills including a general policy to authorize the
City Staff to respond, testify and monitor proposed bills affecting local government.
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City Council Regular Session, May 23, 2005
City Manager Michael Ross reported that the Texas Municipal League (TML) exists
solely to provide services to Texas cities. Since its formation in 1913, the League's
mission has remained the same: to serve the needs and advocate the interests of its
members (cities). The TML constitution states that the purpose of the League is to
"render services which individual cities have neither time, money nor strength to do
alone."
The TML approach to the 2005 session has been guided by principles that spring from a
deeply rooted TML legislative philosophy:
The League will vigorously oppose any legislation that would erode the authority of
Texas cities to govern their own local affairs.
Cities represent the level of government closest to the people. They bear primary
responsibility for provision of capital infrastructure and for ensuring our citizens? health
and safety. Thus, cities must be assured of a predictable and sufficient level of revenue
and must resist efforts to diminish their revenue.
The League will oppose the imposition of any state mandates that do not provide for a
commensurate level of compensation.
Mr. Ross stated that the Staff recommends that Council authorize the City Staff to
actively support the Texas Municipal League?s position, priorities and recommendations
on behalf of the City of West University Place.
Council Member Fogler suggested that rather than just authorizing the blanket support of
TML?s objectives, it seems that maybe a more useful exercise would be to call a
particular workshop session of the Council prior to the start of a Texas Legislative season
and review what is anticipated or might impact the City. The Staff would then have a
sense of what the position of the Council might be on various areas of legislative action.
Council Member Segal suggested that the recommendation of the Staff be that Council
authorize the City Staff to actively support the Texas Municipal League?s positions,
priorities and recommendations on behalf of the City of West University Place if such
support is in the best interest of our City, in the opinion of the City Manager and the City
Attorney, and time does not permit the Council to address this issue before a timely
response is required.
Mayor Ballanfant stated that he did not think he would go that far. He stated that to have
the City?s Staff taking a position to represent the theoretical position of the citizens of
West University Place, when they are neither answerable and they have not run for
election nor are they answerable directly to the voters of the City, is a bad policy. This
particular item was put on the agenda because there was a bill that has gotten a lot of
attention and there are conflicting opinions on it and that is what the Council wanted a
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City Council Regular Session, May 23, 2005
report on in order to determine whether Council wanted to take a position on that bill, not
a blanket recommendation to support TML?s position.
Council Member Fogler commented that that was what she was suggesting. If the Staff
had a sense that this Council did support a particular point of view from having had a
workshop on the subject then there would be some basis for making that decision.
Mayor Ballanfant stated that a workshop at the start of the Legislative Session would
make sense.
Council Member Woods commented that he thought it would be ineffective of the
Council to try to micro-manage every decision the City Manager makes. He is hired for
his good judgment and shepherding the City. Council Member Woods stated that he
agreed with Council Member Fogler in that the Council should get a general consensus of
the spirit of what they want to see happen and then give the City Manager authorization to
proceed.
A motion was made by Council Member Folger to authorize the City Staff to actively
support legislation that enables cities to continue to control their own local services, their
own local franchise agreements with providers of telecommunications and other
electronic services, allows the City to continue to control the local service standards and
to avoid erosion of authority in these arenas including legislation that might impact the
City?s ability to control and use their own right-of-ways and to exact fees from the City?s
franchise relationships and contracts that currently exist or might exist in the future.
Council Member Woods seconded the above motion with an amendment to add ?during
this current 2005 Legislative Session.?
Council Member Fogler accepted that addition to the original motion.
A vote was taken on the motion and amendment with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Fogler and
Woods
Voting Nay: None
Absent: Council Member Farley
City Council minutes.
Matters related to the minutes of the Regular Session conducted on May 9 and Special
Session conducted on May 16, 2005.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
approve the minutes of the Regular Session on May 9, 2005 as amended and the minutes
of the Special Session May 16, 2005 as presented.
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City Council Regular Session, May 23, 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
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.
Council Member Woods commented that the adult swim time at the Recreation Center
should be part of the discussions of the Master Planning Task Force.
The City Council recessed the Regular Session at 7:15 p.m .and reconvened in Workshop
Session at 7:20 p.m.
Workshop Session (in the Bill Watson Conference Room)
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
contemplated litigation or a settlement offer, and purchase, exchange, lease or value
of real property and related issues.
This matter was not addressed during this Council meeting.
Infrastructure work in Priority Areas 10 and 11B.
Matters related to infrastructure work in Priority Area 10 and 11B and Contractor
Technology, LTD.
A motion was made by Mayor Ballanfant, seconded by Council Member Segal, to allow
City Attorney Jim Dougherty, City Manager Michael Ross, and Assistant City
Manager/Public Works Director Ron Wicker to attend the Executive Session.
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City Council Regular Session, May 23, 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
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, Texas Government Code
After the announcement, the City Council conducted a closed, executive session
beginning at 7:23 p.m.
Present at the meeting were Mayor Ballanfant, Council Members Segal, Fogler and
Woods. Staff members present were the City Manager, City Attorney and Assistant City
Manager/Public Works Director.
After the closed, executive session, the Mayor announced, in open session, that the City
Council had concluded its closed, executive session at 7:52 p.m.
Mayor Ballanfant called for a motion.
A motion was made by Council Member Woods, seconded by Council Member Fogler, to
hire special counsel David S. Elder of Gardere Wynne Sewell, LLP, to represent the City
in the CTL bankruptcy case.
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 7:53 p.m.
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