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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 23, 2004
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers (3800 University Blvd.) on February 23, 2004, 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, Finance Director and Parks and Recreation Director were also
present.
The notice for this meeting was posted in accordance with the Texas Government Code,
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Chapter 551, on the 19 day of February 2004 at 4:00 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.
Judy Lee, 4104 Rice, commented that they could not park in their driveways because the
car extended across the sidewalk and they were warned that they would receive a ticket
for doing so. She asked that the Council provide some relief for the residents who were
in the same situation.
Monique O?Driscoll, 4038 Tennyson, commented that the one and only time that she
parked her car on the street, the street flooded and their cars were underwater. She stated
that the corner of Tennyson and Academy floods several times a year and for the safety of
their personal property, they would like to be able to park in their driveway.
Susan Ohsfeldt, 4101 Tennyson, asked the council to consider a solution to the problem
of parking on sidewalks. She requested that the sidewalks be moved to the curb to allow
more room for residents to park in their driveways.
Janine Schueppert, 4040 Riley, requested that the sidewalks be re-routed to the curb.
Mark Miller, 4102 Coleridge, stated that he built a new house and was mandated to put in
sidewalks under the existing laws. He stated that the sidewalks are not attached to other
sidewalks. He requested that the Police use their discretion on what is a ticketable
offense.
City Council Regular and Workshop Session, February 23, 2004
Sam Hassenbusch, 4040 Southwestern, stated that he agreed with the previous speakers.
He commented that if the Police are going to enforce this law, it should be enforced all
over the City.
Michael McCoy, 5242 Fairmont, commented that he did not want sidewalks in their yard
at all.
Bill Hyslop, 4101 Swarthmore, commented that forcing residents to park their cars in the
street was creating a safety hazard.
Kim Cooper, 4039 Swarthmore, commented on the safety hazard of parking cars in the
street because of the high volume of traffic.
Bob Dzik, 4033 Rice, commented that he could not park in his driveway without
extending across the sidewalk. He stated that his street floods all of the time.
Tony Mayer, 4039 Case, stated that his car was vandalized while it was parked in the
driveway. He commented that he did not want to park his car in the street.
Drainage.
Matters related to drainage including Resolution No. 2004-03 supporting the preliminary
recommendations of the Poor Farm and Kilmarnock Regional Study Group.
Assistant City Manager/Public Works Director Ron Wicker, reported that recently, the
Mayors of West University Place and Southside Place, City Staff representatives and
Claunch and Miller Inc. met with Mike Talbot, Director of Harris County Flood Control
District (HCFCD) to discuss the possibility of an Extreme Event Preliminary Engineering
study for the West University Place, College Street area and the westerly portion of
Southside Place. According to Mike Talbot, HCFCD will fund the study. Mr. Talbot
needs a letter from the Cities or a supportive Council resolution.
Council Member Segal pointed out that there was a typographical error in the third
paragraph of the resolution.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
approve Resolution No. 2004-03 as amended.
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
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City Council Regular and Workshop Session, February 23, 2004
Parks and Recreation.
Matters related to Parks and Recreation including Ordinance No. 1764.
Mayor Ballanfant read the caption of Ordinance No. 1764 as follows:
An ordinance amending the Budget of the City of West University Place, Texas for the
fiscal year beginning January 1, 2004 and ending December 31, 2004; containing findings
and provisions relating to the subject; and declaring an emergency
Copies of Ordinance No. 1764, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas reported that Ordinance No. 1764 amends the adopted
2004 Budget. During a workshop held on February 9, 2004, Council authorized staff to
proceed with opening the Recreation Center and pool on a ?ramp-up? basis. Council
also approved proceeding with $25,000 in repairs that was not provided for in the 2004
Operating Budget.
The total added cost of the new recreation programs are expected to be $57,850. The new
programs are expected to generate $42,000 in additional revenues, leaving $15,850 un-
funded. The source of these funds would be the General Fund Reserves.
Since the repairs to the Colonial Park pool were not considered in the 2004 Operating
Budget, the entire $25,000 additional appropriation would be transferred from General
Fund Reserves. Altogether the additional appropriations require $40,850 in funding from
the General Fund Balance. Additionally, Council appropriated $125,000 for
improvements to the Recreation Center in the 2003 Budget. As of December 31, 2003
expenditures amounted to $27,280, leaving an unspent balance of $97,720.
A motion was made by Council Member Fogler, seconded by Council Member Farley, to
adopt Ordinance No. 1764 on the first 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
Property tax refund.
Matters related to 2003 ad valorem tax refunds in the amount of $2,100.44
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City Council Regular and Workshop Session, February 23, 2004
Mr. Walters stated that Section 31.11 of the Property Tax Code requires City Council
approval of property tax refunds that exceed $500.00. Occasionally, the City receives an
overpayment of property taxes. The causes of overpayment vary, but the most common
are:
Both the taxpayer and the taxpayer?s agent pay the property tax causing a duplicate
payment.
The taxpayer may issue a check in the wrong amount causing an overpayment.
Simple mistakes.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
authorize the refund of overpaid property taxes totaling $2,100.44.
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
City Council minutes.
Matters related to the minutes of the Regular Session conducted on January 26, 2004.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
approve the minutes as amended.
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
Intergovernmental & Infrastructure Issues; Staff or Council Report.
Matters relating to intergovernmental relations and agreements including negotiations,
extra jurisdictional meetings, regional issues, Metropolitan Transit Authority agreements,
infrastructure projects, drainage, flooding, Kirby Drive construction, streetlights 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 Attorney has redrafted some changes to
an Interlocal agreement for Houston, Bellaire and West University regarding the quiet
zones. Brian Antweil who is a member of the quiet zone task force met with Mayor Bill
White and briefed him on what they have been working on.
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City Council Regular and Workshop Session, February 23, 2004
Mr. Ross also reported that a meeting was held with the Kirby Drive Task Force where
they discussed the traffic study for potential esplanades. The City of Houston will be
funding the data collection and then West U?s traffic engineer will analyze that data.
Mr. Ross stated that he sent out a draft of the responses from the cable television survey.
He also reported that construction of sidewalks in the College Court area was scheduled
to begin.
Mayor Ballanfant commented that the Mayors of the small cities would be meeting to
elect a person to the Metro Board. He also commented that Metro had approved the
amendment to the Congestion Mitigation/Traffic Management Agreement extending the
participation until September 30, 2014.
The City Council recessed the regular session at 7:11 p.m.
Workshop Session (in the Bill Watson Conference Room)
The City Council reconvened in workshop session at 7:13 p.m.
City Secretary.
Matters related to the evaluation, employment and duties of a public officer or employee.
Closed Executive Session to be held under Section 551.074, Texas Government Code
The City Council convened in Executive Session at 7:25 p.m.
The Executive Session closed at 7:45 p.m.
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 Farley, to adjourn. The
Council meeting adjourned at 7:46 p.m.
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