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CITY COUNCIL WORKSHOP AND REGULAR SESSION
MONDAY, NOVEMBER 8, 2004
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop and Regular Session in the Municipal Building
Council Chambers (3800 University Blvd.) on November 8, 2004, with the following
members present: Mayor Ballanfant presiding, Council Members Segal, Farley and
Fogler. The City Secretary, Assistant City Manager/Public Works Director, City
Attorney, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and
General Services Superintendent were also present. Council Member Woods was absent.
The notice for this meeting was posted in accordance with the Texas Government Code,
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Chapter 551, on the 4 day of November 2004 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.
Joe Foster, 4125 Coleridge, spoke to the Council about the restructuring of the Fire
Department and the recent policy change regarding on-call firefighters. He also
commented that the West University firefighters responded to a recent mutual aid call in
Bellaire and during that time the City of Houston had to respond to a call in West
University Place.
Mayor Ballanfant requested that the Fire Chief prepare a report about the recent mutual
aid calls.
John Sumner, 3305 Tangler, encouraged the Council to ban leaf blowers from the City.
David Cole, 4104 Cason, spoke about the Parks Master Plan and the removal of the
basketball courts at Wier Park. He encouraged the Council to update the current Master
Park Plans on file so that they would not be starting from scratch.
Ramsay Elder, 2821 Tangley, requested that the Council purchase land for a park in the
East side of the City.
City Council Regular Session, November 8, 2004
Water and sewer rates.
Matters related to water and sewer rates including Ordinance No. 1778.
Mayor Ballanfant read the caption of Ordinance No. 1778 as follows:
An ordinance relating to water and sewer 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. 1778, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas reported that the recently approved 2005
Annual
estimated the Water and Sewer Fund?s 2005 revenues at $4.8 million.
Operating Budget
This estimate was based on a 7% increase in water and sewer rates. The Water Rate Study
prepared by Black and Veatch (the Study) recommended a 29% rate hike in 2004,
followed by a 12% increase in 2005. Together these rate increases were to add $1.4
million to the Water and Sewer Fund?s revenues. The City enacted the first increase,
effective January 2004.
After the Study was completed, the City of Houston increased the cost of treated water by
15%. This cost increase was addressed by increasing water rates by 10% effective August
2004. This rate increase decreased the amount of future increases needed to stay on target
with the Study. A 7% increase in average water and sewer revenues will add
approximately $300,000 to the total water and sewer fund revenues,bringing the total
additional revenues from all increases to $1.5 million. This rate increase will be seen on
the first bill in January 2005. Projected rate increases after 2005 are nominal and
primarily driven by estimated cost increases of 2% per year.
A motion was made by Council Member Farley, seconded by Council Member Segal, to
adopt Ordinance No. 1778 on the first reading and the accompanying fee schedule.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and
Fogler
Voting Nay: None
Absent: Council Member Woods
Traffic visibility obstruction and stop signs.
Matters related to stop signs and a traffic visibility obstruction at Robinhood and Mercer
including the possible removal or trimming of the shrubs along the City right-of-way.
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City Council Regular Session, November 8, 2004
Assistant City Manager/Public Works Director reported that at the last council meeting
Mark Evans, a resident of 3601 Robinhood, appeared before the City Council regarding
an issue with his shrubs in front of his house that are obstructing the view for North
bound traffic on Mercer. The Staff has tried everything possible to try work out a way
that the shrubs can stay without causing a traffic hazard.
The City?s Traffic Engineer, Samson Ukaegbu was consulted and requested to provide a
written recommendation of action that would adequately relieve the obstruction and
provide safe visibility. His written recommendation stated that the shrubs must either be
removed completely, or that they must be trimmed to a maximum height of 3.5 feet and
this height maintained for at least 100 feet from the intersection.
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Mr. Wicker stated that on Tuesday, November 9, the Staff plans to deliver a notice to
the resident about the determination. Mr. Evans would then have ten days to comply.
Council Member Fogler asked why the interim solution of the temporary stop signs was
not working.
Mr. Wicker stated that the four-way stop is working but the problem is that four-way stop
signs, according to the Uniform Manual on Traffic Control Devices, require certain
warrants be met before they can be used to control traffic. In this case, the City is only
addressing a safety issue.
The City Council asked Brad Neighbors, General Services Superintendent, questions
about the obstructed view at the corner and the hazard in the City?s right-of-way
Council Member Farley commented that he was not in favor of the action that was about
to be taken by the City Staff.
Council Member Segal commented that he feels the staff has worked hard to resolve the
problem and would set a bad precedent when the safety and the law overrules erecting
stop signs for this situation.
Council Member Fogler commented that she also did not agree with the Staff?s action.
She stated that the corner was not always a hazard but was a direct result of the
infrastructure project that lowered the City?s street.
?Master? Interlocal Cooperation Contract.
Matters related to a ?Master? Interlocal Cooperation Contract between the City of
Southside Place and the City of West University Place.
Mr. Wicker reported that over time there have been several agreements developed
between the City of Southside Place and the City of West University Place for various
services to be provided by West U to Southside Place. In order to provide a more
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City Council Regular Session, November 8, 2004
economical and efficient service package it has become advantageous to combine these
separate agreements into one comprehensive agreement. Staff has attached a
comprehensive interlocal agreement for consideration by both cities.
In an effort to maximize return on investment, leverage resources, and avoid duplication,
entities, in particular local governments, are utilizing interlocal agreements or contracts to
pool resources for certain administrative and governmental functions. The purpose of
this Contract is to formalize the agreements between West University Place and
Southside Place relating to governmental functions or services referred to as building
regulation service (?BRS?), emergency medical service (?EMS?) and street sweeping
service (?SWS?).
A motion was made by Council Member Segal, seconded by Council Member Farley, to
approve the ?Master? Interlocal Cooperation Contract as presented.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and
Fogler
Voting Nay: None
Absent: Council Member Woods
Rescheduling City Council meeting.
Matters related to rescheduling the City Council regular session meetings in December
2004.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
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reschedule the council meeting from December 27to December 6, 2004.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and
Fogler
Voting Nay: None
Absent: Council Member Woods
City Council minutes.
Matters related to the minutes of the Regular Session conducted on October 25, 2004.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
approve the minutes as amended.
A vote was taken on the motion with the following result:
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City Council Regular Session, November 8, 2004
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, and
Fogler
Voting Nay: None
Absent: Council Member Woods
Intergovernmental & Infrastructure Issues; Staff or Council Report.
Matters relating to intergovernmental relations and agreements including negotiations,
extra jurisdictional meetings, regional issues, City of Houston Water Rate Increase,
Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding,
Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, Cason
Street entrance to the West University Recreation Center, 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. Wicker reported that a meeting was going to be held with representatives of the
Railroad quiet zones, the City of Bellaire and the City of Houston. Houston has taken the
lead on the project and will be reporting on what they plan on doing with the various
eleven crossings to eliminate the need of whistle blowing.
Mayor Ballanfant reported that Metro was about to study potential circulator routes in this
area.
Council Member Farley requested that an agenda item be placed on the Workshop
Session sometime in January to have the Staff pinpoint where existing cut-through traffic
problems are and where they are likely to become a real difficulty once Kirby Drive is
under construction.
Council Member Fogler seconded the request.
The City Council recessed the Regular Session at 7:12 p.m. and convened the Workshop
Session in the Bill Watson Conference Room at 7:20 p.m.
Property tax exemption.
Matters related to property tax exemption including the possibility of adding an
exemption for disabled persons.
Finance Director Walter Thomas reported that the City Council of the City of West
University Place has authority under Section 11.13 (d) of the to
Texas Property Tax Code
grant exemption from taxation a portion of the appraised value of their residence
homestead for individuals who are over 65 years old and/or individuals who are disabled.
The City has used this authority to grant an exemption in the amount of $110,000 of
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City Council Regular Session, November 8, 2004
taxable value to individuals over 65. Currently, disabled individuals are not provided any
exemption.
The Property Tax Code defines disabled as a disability for purposes of payment of
disability insurance benefits under Federal Old-Age, Survivors, and Disability Insurance.
As of October 10, 2004, there were 26 individuals owning property in West University
Place who would qualify for any exemption Council might grant.
Based on current tax rates and assessed values, the City?s tax revenues would be
diminished by $12,600, an amount that could be absorbed without increasing the property
tax rate.
If Council chooses to grant an exemption to disabled taxpayers, it can establish any
amount starting at $3,000, which is the minimum amount that can be exempted. Council
can also choose to grant either a disability exemption or an Over-65 exemption, meaning
that a taxpayer could not have both. If that were the case, a disabled person would receive
a $110,000 exemption for being disabled until they reached age 65, after that they would
receive the over-65 exemption.
In addition to an exemption of a stated amount of assessed value, recent changes in the
law allow Council to ?freeze? property taxes for disabled or over-65 taxpayers. Under this
option, a taxpayer?s tax amount does not increase from the amount on the tax roll from
the time the taxpayer qualifies for the exemption regardless of changes in assessed values
or tax rates.
To grant an exemption, an ordinance must be adopted. The timing of the ordinance could be
any time up to October 2005, but in order to incorporate the impact of the exemption into the
2005 Preliminary Tax Roll the ordinance should be adopted prior to May 1, 2005. The same
ordinance could also be used to make any adjustments to the over-65 exemption that Council
might wish to consider.
After a discussion of this item, the City Council requested that the City Staff place the
property tax exemption on a Workshop early next year.
Parks and Recreation Master Planning.
Matters related to Parks and Recreation Master Planning including all parks and
recreation areas in the City, conceptual plans, development and construction, outside
professional services, surveys, and task force.
Parks and Recreation Director Tim O?Connor reviewed the outline and the amendments
that the Council agreed upon at the last meeting.
The City Council discussed the appointment of a Task Force for the Master Planning.
They agreed that each member of Council would provide a name of a person who they
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City Council Regular Session, November 8, 2004
thought would be an asset to the Task Force and who would be willing to serve. These
names will be provided to the City Secretary so that the Task Force could be appointed at
a future meeting.
A member of the Parks and Recreation Board and the Friends of West University Place
Parks Fund would also be selected. Council Member Fogler commented that she and
Council Member Woods were both interested in serving as the Council liaisons.
Wier Park Basketball Court.
Matters related to the Wier Park basketball court including the removal of the court.
Mr. O?Connor reported that during the October 25, 2004 City Council Parks Master
Planning Workshop, Council discussed the possibility of removing the 40?x 40? concrete,
half-court basketball pad at Wier Park. The discussion involved consideration of the
following:
The community now enjoys an indoor gymnasium at the West University Recreation
Center, which allows for open-play basketball.
Removal of the existing concrete pad would allow for more ?green-space? to be
enjoyed by park users.
Removal of the existing pad would likely reduce the noise level in the park and ease the
parking congestion created by the adult basketball participants.
Removal of the existing pad could be facilitated by Public Works and Parks and
Recreation personnel, keeping associated cost to a minimum.
Removal of the existing pad would allow for more flexibility in planning for any future
re-development of the park property.
If Council wishes us to proceed with removing the concrete pad, the following steps
should be taken to minimize any potential for citizen complaint and patron
inconvenience:
Place a sign on the existing basketball court, notifying users of the City?s intent is to
remove the amenity and directing basketball players to the West University Recreation
Center, at least three weeks from the proposed demolition date.
Determine the actual cost involved in facilitating the project.
[] Sod & Top-Dressing: $250.00
[] Contracted Services: $1,000.00
The City Council agreed that the Staff should place signs at the park indicating that
removal of the basketball courts was being considered. They also agreed that this item
should be reviewed by the Master Planning Task Force.
Leaf blowers and quiet hours.
Matters related to leaf blowers and quiet hours.
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City Council Regular Session, November 8, 2004
Mr. Wicker commented that the Staff has received several calls regarding the use of leaf
blowers and the violation of the quiet hours.
Council Member Segal suggested that the quiet hours be amended to include holidays.
The City Council requested that the City Attorney prepare an ordinance to amend the
current quiet hours to include holidays and to change the time on Saturdays from 8 a.m. to
9 a.m.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Farley, seconded by Council Member Fogler, to adjourn. The
Council meeting adjourned at 8:28 p.m.
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