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Home My WebLink About111405R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, NOVEMBER 14, 2005 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Regular and Special Session in the Municipal Building (3800 University Blvd.) on November 14, 2005, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, City Planner, Operations Superintendent and Assistant to the City Manager were also present. Council Member Cohen was absent. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 10 day of November 2005 at 4:00 p.m. Special Session Infrastructure work in Priority Areas 9, 10, and 11B. Matters related to infrastructure work in Priority Areas 9, 10 and 11B including authorizing and approving an agreement with St. Paul Travelers, related contracts, agreements, surety bonds, completion, phasing, planning, etc. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Jim Dougherty, Assistant City Manager/Public Works Director Ron Wicker, Finance Director Walter Thomas, Consulting Engineer Steve Ratcliff and Legal Counsel David Elder 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 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 5:35 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 6:35 p.m. 3936 Marlowe Street; Weslayan Street. City Council Special and Regular Session, November 14, 2005 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. This item was not considered during this meeting. 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. There were not any citizens who wished to address the City Council at this time. Building Official and Administrative Official. Matters relating to the building official and the administrative official including Ordinance No. 1819. Mayor Ballanfant read the caption of Ordinance No. 1819 as follows: An ordinance related to the building official and the administrative official; 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. 1819, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesnostated that in an effort to improve the operations of the Public Works Department and provide greater flexibility and efficient use of existing staff, Ordinance 1819 would allow the City Manager to designate an employee as the ?Administrative Official.? Ordinance 1819 will amend the zoning ordinance so that every reference to ?building official? would read ?administrative official?. The existing definition would be deleted and the following would be added: Administrative official. The person designated as such by the City Manager. The joint public hearing was held October 24,2005. The commission has issued a final . report to Council and is recommending that the amendment be adopted 2 City Council Special and Regular Session, November 14, 2005 A motion was made by Council Member Segal, seconded by Council Member Woods, to approve Ordinance No. 1819 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Cohen Framed Area. Matters related to framed area including Ordinance No. 1820. Copies of Ordinance No. 1820, in the form proposed for adoption, were available in the Council Chambers. An ordinance related to framed area; amending the zoning ordinance of the City of West University Place, Texas; and containing findings and provisions relating to the subject Mayor Ballanfant read the caption of Ordinance No. 1820 as follows: Mrs. Tesno stated that the proposed amendment would change the definition of ?framed area? in Article 2 of the Zoning Ordinance, add a new Schedule FA and make related amendments, as indicated in the attached proposed ordinance amendment. The principal purposes are to: (1) Count high interior spaces (like atria) as framed area on each floor level, rather than just on the bottom floor; (2) Provide a detailed measurement method (for example, there would be an unbroken ?imaginary plane? on each floor level that would determine the framed area); (3) Clarify and tighten the existing wording; and (4) Conform the 2 1/2-story rule so that it is stated in terms of framed area. The percentage would remain 80% in the single-family detached districts (or 100% in certain higher-density districts). The joint public hearing was held October 24,2005. Some concerns were voiced at this meeting in regard to certain aspects of the proposed ordinance such as: interior height, definition of ?unfinished? space, measurement method of breezeways, front porches, and high interior height of second floors. The commission discussed these items and changes were made to the proposed amendment. 3 City Council Special and Regular Session, November 14, 2005 ZPC has issued a final report to Council and is recommending that the amended proposal . be adopted Council Member Segal asked about the drawings in Schedule FA. Mrs. Tesno stated that the drawings would be provided before the final reading of the Ordinance. A motion was made by Council Member Woods, seconded by Council Member Yehle, to approve Ordinance No. 1820 on first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Cohen Drought Contingency Plan. Matters related to a drought contingency plan including Ordinance No. 1814. Mayor Ballanfant read the caption of Ordinance No. 1814 as follows: An ordinance relating to drought contingency planning, water conservation and enforcement; 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. 1814, in the form proposed for adoption, were available in the Council Chambers. Operations Superintendent Patrick Walters reported that the City of West University Place is required by Title 30 TAC (Texas Administrative Code) Chapter 288.30(5)(A) to submit a drought contingency plan to the Texas Commission on Environmental Quality (TCEQ) Executive Director. This plan must include specific quantified targets in water pumpage reductions to be achieved during periods of drought or water shortage. This proposed plan currently meets TCEQ requirements. The plan has been updated to reflect comments received during the previous council meeting and comments received since the meeting as were deemed appropriate and applicable. Council Member Segal stated that he received comments from some of the senior citizens concerning the language in Stage III, Mandatory Water Use Restrictions, item #1, relating 4 City Council Special and Regular Session, November 14, 2005 to the use of a ?hand held water hose?. He asked that ?hand held? be deleted from the language. The Council agreed to the suggested change. A motion was made by Council Member Yehle, seconded by Council Member Segal, to adopt Ordinance No. 1814 establishing the Drought Contingency Plan as Appendix A of the City Code of Ordinances on the first and final reading as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Cohen Rescheduling City Council meeting. Matters related to rescheduling the City Council regular session meetings in December 2005. A motion was made by Council Member Woods, seconded by Council Member Yehle, to change the council meeting date from December 26 to December 5, 2005. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Cohen Broadband Internet Transmission Services. Matters related to proposed legislation affecting video/cable franchising, Voice-Over- Internet Protocol (VoIP), broadband internet services (including wireless), public rights-of-way and related issues. City Manager Michael Ross stated that the existing federal telecommunications bill that is coming before the House will shift cable franchising to the FCC, removes the requirement to serve the whole municipality, reduces cable and phone company franchise fees, places current cable franchises at risk and reduces control of rights of way. He requested that the City Council authorize him to act on behalf of the City (and to join with other Texas cities) to obtain best possible legislation for the City of West University. 5 City Council Special and Regular Session, November 14, 2005 The City Council agreed. Boards and Commissions. Matter related to Boards and Commissions including interviews, appointments, structural issues, certain practices and Council liaisons and their roles. Council Member Yehle provided a list of questions and observations regarding the appointment of Board members. He stated that in reading the applications, there might be some questions that should be answered in advance of the interviews such as which Board and Commissions should continue, the number of members and the mix of new and returning members. The City Council agreed that some of these questions needed to be addressed after the interviews were conducted. City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on October 24, 2005. A motion was made by Council Member Woods, seconded by Council Member Segal, to approve the minutes conducted on October 24, 2005 as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Cohen 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. Mr. Ross reported that the Rice Pocket Park Task Force selected White Oak Studio Landscape Architecture to prepare the design of the park. The City Staff will be bringing a formal proposal to Council in the near future. 6 City Council Special and Regular Session, November 14, 2005 Council Member Woods asked that the Staff prepare an ordinance to amend the rules and procedures defining what constitutes an emergency when adopting an ordinance or motion and that the wording be consistent with the Texas Open Meetings Act?s definition of an emergency. The City Attorney will provide this information. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Yehle, seconded by Council Member Woods, to adjourn. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The Council meeting adjourned at 7:10 p.m. 7