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CITY COUNCIL REGULAR SESSION
MONDAY, MARCH 24, 2003
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 March 24, 2003, with the following members
present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson.
The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works
Director, Finance Director and City Planner 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 21 day of March 2003 at 5:00 p.m.
Formal Session
Citizen Comments.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
Joe Foster, 4125 Coleridge, commented that about two years ago the City sent out a
questionnaire asking resident?s opinion on gasoline powered leaf blowers. The response
that was received indicated in excess of 80% of the respondents were for total ban of
gasoline powered leaf blowers in the city limits. He requested that the City Council
discuss this item formally.
Mr. Foster also discussed the city?s debt. He stated that the City could not continue to
incur debt especially with the property valuation rising.
Jan Weeks Franzen, 4226 Southwestern, commented that she was concerned with the
driveway and setback issues. She stated that she had a small house and her neighbors
have already built lot line to lot line and she was concerned that when she decided to
rebuild, their house would have to be smaller because of the restrictions.
Mayor Lewis referred Mrs. Franzen to the City Planner to discuss her concerns further.
Signs.
Matters related to sign regulations including Ordinance No. 1733.
Mayor Lewis read the caption of Ordinance No. 1733 as follows:
City Council Regular Session, March 24, 2003
An ordinance amending the Code of Ordinances of the City of West University Place,
Texas, regarding signs; and containing findings and provisions relating to the subject.
Copies of Ordinance No. 1733, in the form proposed for adoption, were available in the
Council Chambers.
Nes Tesno, City Planner, stated that this was the first reading of Ordinance No. 1733, which
amends Chapter 3 of the Code of Ordinances regarding signs. Key changes will be:
Clarify that only outdoor signs are regulated.
Allows signs in vending machines.
Adds restrictions on ground signs (monument, pylon or pole signs, etc), limits on
numbers, location, design and height.
Adds restrictions on Building Mounted signs, limits on size, projections, canopy signs
and height.
Power line separation.
Limits display area for fixed signs (5% to 3% of site area).
Allows two semi-fixed signs at unoccupied homes (i.e. house under construction), no
limit on size of semi-fixed for occupied homes.
Raises maximum display area from four square feet to five square feet for signs at
single-family residences and imposes max limit to 32 square feet of display area.
Clarifies that flags are allowed without limit at occupied single-family residences.
Allows banners, subject to certain limits except at unoccupied sites.
The public hearing was held on March 10, 2003. The Zoning & Planning Commission voted
to forward their final report to Council with no changes.
A motion was made by Council Member Farley, seconded by Council Member Griffin, to
adopt Ordinance No. 1733 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Driveways, etc.
Matters related to driveways, maneuvering areas, curb cuts, etc, including Ordinance No.
1734.
Mayor Lewis read the caption of Ordinance No. 1734 as follows:
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City Council Regular Session, March 24, 2003
An ordinance amending the zoning ordinance of the City of West University Place,
Texas, regarding driveways, curb cuts, etc.; and containing findings and provisions
relating to the subject
Copies of Ordinance No. 1734, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno reported that this was the first reading of Ordinance No. 1734 for driveways,
maneuvering areas and curb cuts.
The proposal to amend Table 7-5a, Sections 10-102 and 10-103 and Article 2 is as follows:
(1) Clean up of regulations, including some cross-referencing, definitions and
reorganization.
(2) All 30-foot-wide driveway for side facing garages with three or more bays (compared
with 20 feet under current ordinance).
(3) Add measurement rules for maximum driveway width and maximum curb cut width
(Note: driveway maximum widths would be measured in the street area?i.e., the ROW
and in the front yards only. As a result the maximum widths would not apply
elsewhere. Curb cut widths would be measured at the edge of the roadway.); and
(4) Allow parking pads, stub driveways or other maneuvering areas in residential front
yards connected to a major thoroughfare (i.e. Kirby, Bellaire or Bissonnet), to allow
vehicles to turn around and enter thoroughfare going forward.
The public hearing was held on March 10, 2003. The Zoning & Planning Commission voted
to forward the final report to Council with no changes.
A motion was made by Council Member Jackson, seconded by Council Member May, to
adopt Ordinance No. 1734 on first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Yards or ?setbacks?.
Matters related to yards or ?setbacks? including Ordinance No. 1735.
Mayor Lewis read the caption of Ordinance No. 1735 as follows:
An ordinance amending the zoning ordinance of the City of West University Place,
Texas, regarding yards or setbacks; and containing findings and other provisions relating
to the subject
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City Council Regular Session, March 24, 2003
Copies of Ordinance No. 1735, in the form proposed for adoption, were available in the
Council Chambers.
Mrs. Tesno reported that this was the first reading of Ordinance No. 1735 amending the
zoning ordinance concerning side setback.
Currently, City regulations allow the alternate side setback of 3/7 on narrow sites (lots
less than 55? wide). At times this allows structures to be within six feet of each other. Due
to concerns about safety this prompted the Zoning & Planning Commission (ZPC) to
study the setback issue. In an attempt to continue the use of the ?3/7? Narrow Site
Exception, an amendment was developed that set the minimum separation between
buildings to eight feet. The Commission also considered additional amendments related
to this proposal including: (i) a restriction on side fences and (ii) a requirement for added
fire resistance and sprinkling for new buildings built close to side property lines. These
restrictions would not affect the Zoning Ordinance. Therefore, the Commission believes
that the additional amendments should be considered by the Building and Standard
Commission (BSC).
A public hearing was held on March 10. The Zoning & Planning Commission voted to
send the final report to City Council with no changes.
Mrs. Tesno commented that at this time the Building and Standards Commission has sent
some recommendations concerning the side fences and also a recommendation for a
comprehensive review of a sprinkler ordinance and also the use of fire resistant materials.
She stated the staff is recommending approval of the first reading contingent upon the
Building & Standard Commission?s recommendation in regard to height and location of
side fences, and the future review of a comprehensive residential sprinkler ordinance and
the use of fire retardant materials.
A motion was made by Council Member Griffin, seconded by Council Member Jackson
to approve Ordinance No. 1735 on the first reading.
Council Member Farley commented that as he recalls when this item was discussed
previously the City Council agreed to ?marry? what is coming from the BSC to what is
recommended from the ZPC. He suggested that this item be deferred until those
recommendations come from the BSC.
An amended motion was made by Council Member Griffin, seconded by Council
Member Jackson, to table consideration of this item until a later date.
A vote was taken on the amended motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
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City Council Regular Session, March 24, 2003
Absent: None
Election.
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Matters related to the May 3 Election including Ordinance No. 1736.
Mayor Lewis read the caption of Ordinance No. 1736 as follows:
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An ordinance relating to the elections to be held on the third (3) day of May, 2003;
appointing election officials and providing for a contract with Harris County; containing
findings and provisions relating to said election; and declaring an emergency)
Copies of Ordinance No. 1736, in the form proposed for adoption, were available in the
Council Chambers.
City Secretary Kaylynn Holloway stated that on February 24, 2003 the City Council
adopted Ordinance No. 1732 calling the General Election for May 3, 2003. Included in
this ordinance was the appointment of Mike Woods as the Presiding Judge for the Central
Counting Station. Mr. Woods has since filed an application for a place on the ballot.
The Staff has also received a contract with Harris County for Voting Equipment.
Ordinance No. 1736 will appoint Victor Hansen as the Presiding Judge and Kaylynn
Holloway as the Manager and Tabulation Supervisor of the Central Counting Station. It
will also authorize the City to contract with Harris County for the voting equipment,
supplies and training.
A motion was made by Council Member May, seconded by Council Member Farley, to
approve Ordinance No. 1736 on the first and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
2003 Budget.
Matters related to the 2003 Budget including a budget contingency plan.
Finance Director Walter Thomas reported that while revenues have generally met or
exceeded targeted amounts for the first two months of fiscal 2003, continued weakness in
the national and local economies give rise to concern that revenues may fall short of the
amounts estimated in the 2003 Budget. The City has adequate Fund Balance to cushion
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City Council Regular Session, March 24, 2003
against unexpected loss of revenues, but in order to protect those reserves staff has
developed a Budget Contingency Plan that would adjust expenditures if it becomes likely
that revenues will fall short of estimates.
The plan recognizes that temporary shortfalls in revenue may occur, so the planned first
response is to direct austerity, but as it becomes apparent that the shortfalls are going to
be more significant the planned responses range from hiring freezes to reducing program
activity. This plan may be modified in future years as necessary to adapt to changing
circumstances
A motion was made by Council Member Griffin, seconded by Council Member Farley, to
adopt the budget contingency plan
.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Janitorial services.
Matters related to janitorial services including bids received February 27, 2003.
The following bids were received:
Bidders Bid Amount
Agape $110,857.40
Claron $ 67,470.80
Distinct $344,774.50
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Assistant City Manager/Public Works Director Ron Wicker reported that on January 30
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and February 6, the City advertised for Janitorial Services that covered maintenance for
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most City facilities. Bids were opened on February 27. Three bids were received. Of the
bids received, Claron, our current contractor, was the low bidder. The low bid received in
the amount of $67,470.80 is within budgeted estimates.
Request for new services became evident with the preparation and adoption of the 2003
budget. The 2003 budget anticipated the possible operation of the YMCA facility within
the budget year. City facilities not currently covered by the current janitorial contract
were also considered. The bid specifications were revised to allow unit prices for all
public buildings, based on frequency of services, at each facility. The specifications were
structured in this way so that services could be added or deducted as needed. The new bid
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City Council Regular Session, March 24, 2003
specifications added the YMCA facility, Community Center, Administrative offices in
the Fire Department and some additional areas in the Police Department. The actual
scope of services was significantly increased. Another major change in the specifications
provided for the contractor to furnish all janitorial supplies and equipment, such as paper
towels, toilet paper, buffers, etc. By taking this approach, storage requirements were
minimized in all areas, while requiring the contractor to maintain supplies.
Mr. Wicker stated that the unit prices are broken down by daily, weekly, monthly and bi-
annual services. This approach will allow some flexibility in addressing building
janitorial needs. For example, if the YMCA is not useable until December 2003, that
service could be omitted until that time. Services can be structured to fit City needs.
Please keep in mind that the $8,000.00 shown for the YMCA is calculated for a one-year
period. Other adjustments may be needed as service levels dictate. The contract as bid is
for a period of two years.
A motion was made by Council Member Griffin, seconded by Council Member Jackson,
to award of contract to Claron in the amount of $67,740.80
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Regular Session conducted on March 10, 2003 and
Special Session conducted on March 14, 2003.
A motion was made by Council Member Farley, seconded by Council Member Jackson,
to approve the minutes as amended.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Staff report.
Mr. Ross commented that the first quarterly issue of City Currents would be delivered
soon.
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City Council Regular Session, March 24, 2003
Council comments
Mayor Lewis commented that the small city Mayors met and after much discussion
agreed that they are going to seek an extension of the current contract with METRO. She
also commented that the group that has been discussing the trolley met and METRO had
some alternative plans and some suggestions to not include West University in the trolley
path but to increase the number of times Bus #70 goes through the City and will connect
with the light rail.
The City Council recessed the Formal Session to convene in Informal Session at 7:07
p.m.
Informal Session
Trains.
Matters related to trains including noise and whistles and information presented by
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representative of the Union Pacific Railroad and Federal Railroad Administration
Mr. Ross reported that the staff has been working with concerned parties to obtain further
information regarding the options available for noise mitigation in the Railroad?s right-of-
way adjacent to the City of West University Place. A meeting was held recently with the
Federal Railroad Administration (FRA), Union Pacific Railroad (UP), Texas Department
of Transportation and the City?s of Houston and Bellaire, which was very positive. Some
items discussed at the recent meeting were the following:
Consistency in whistle blowing among engineers
Installation of wayside horns as "test" sites similar to Richardson, Texas
Establishing a quiet zone
Possible track closure or reroute
Potential grade separation
Mr. Ross commented that it is important to note that any solution short of a unilateral
agreement by Union Pacific to monitor its engineers and their use of the whistle will
require the City of Houston to take the lead in arriving at a solution. While West U and
Bellaire are greatly affected by the train, they have no legal authority over any of the
crossings in question.
Representatives from the Union Pacific Railroad and the Federal Railroad Commission
were present during the meeting.
Numerous residents of West University and from the surrounding cities spoke concerning
the train noise and the need for a quiet zone. They expressed concern over the noisy train
whistles, stalled engines that emit diesel fumes and hazardous cargo.
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City Council Regular Session, March 24, 2003
Members of the City Council suggested that the city seek funds from the Houston
Galveston-Area Council to help finance safety equipment at railroad crossings. The City
of Houston would also need a legal agreement to protect the railroad from potential
lawsuits over any train-vehicle accidents.
The City Council agreed that a task force for this issue should be created and would
include residents and a representative from Union Pacific.
Friends of West University Place Parks Fund.
Matters related to the Friends of West University Place Parks Fund including an annual
report.
Joni Fichter, Chair of the Friends of West University Place Parks Fund presented a verbal
report on ongoing programs and projects including, the Executive Director position, stork
fund raising project, memberships, grant and foundation efforts, and the Parks Lovers
Ball.
Board or Commission meetings.
Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of
Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety,
Senior Services, Recycling & Solid Waste Reduction and Drainage Committee) including
reports from Council liaisons.
Council Member Bill May reported that the Recycling and Solid Waste Reduction Board
met and they have a guest who is writing a piece for a magazine that will tout the
recycling program in West University.
Inquiries, requests and complaints.
The City Council reviewed matters received from the public and referred them to the
appropriate department or will place them on a future agenda for consideration or action.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member May, seconded by Council Member Jackson, to adjourn. The
Council meeting adjourned at 8:43 p.m.
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