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CITY COUNCIL REGULAR SESSION
TUESDAY, MAY 6, 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 May 6, 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, Fire Chief 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 3 day of May 2003 at 12:00 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.
Ramsay Elder, 2821 Tangley, commented that this City Council should not consider
increasing the over-65 tax exemption but should leave this item for discussion by the next
City Council taking office. He stated that the senior exemption seems to be based on the
theory that seniors don?t get as much benefit as a typical taxpayer. While that may be true
in some jurisdictions, it is not true in West University, for example the excellent senior
services program. Mr. Elder stated that if you are really interested in seeing who takes
advantage of senior services lets be sure to ask the Fire Department what age group takes
advantage of the EMS calls in a typical year. He also stated that according to the 2000
census, of the 753 senior households in West University 187 had household income of
over $100,000 a year. Only 160 had income below $20,000.
Street renaming (Fairmount/Fairmont Street)
Matters related to street renaming including Ordinance No. 1738.
Mayor Lewis read the caption of Ordinance No. 1738 as follows:
An ordinance approving, designating and renaming a street; and containing findings and
provisions relating to the subject.
Copies of Ordinance No. 1738, in the form proposed for adoption, were available in the
Council Chambers.
City Council Regular Session, May 6, 2003
Assistant City Manager/Public Works Director Ron Wicker reported that for several
weeks, staff has had numerous conversations with Mr. McCoy, who resides at 5424
Fairmount Boulevard in Priority Area 12, regarding the street name on Fairmount
Boulevard. Mr. McCoy is the only residence in West U, whose house faces on Fairmount
Boulevard.
Mr. McCoy has requested that the City legally change the street name from Fairmount
Boulevard to Fairmont Street. The Fairmont Street sign has been in place for several
years, with most City records showing Fairmont Street.
A motion was made by Council Member Jackson, seconded by Council Member Griffin,
to approve Ordinance No. 1738 on the second 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 General Election.
Matters related to the 2003 General Election including Ordinance No. 1739.
Mayor Lewis read the caption of Ordinance No. 1739 as follows:
An ordinance canvassing the returns and declaring the results of the General Election held
in the City of West University Place, Texas on May 3, 2003; containing findings and
provisions relating to the subject; and declaring an emergency.
Copies of Ordinance No. 1739, in the form proposed for adoption, were available in the
Council Chambers.
A motion was made by Council Member Griffin, seconded by Council Member Jackson,
to adopt Ordinance No. 1739 on 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
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City Council Regular Session, May 6, 2003
Yards or (?setbacks?) and fences.
Matters related to yards (or ?setbacks?) and fences.
Mayor Lewis read the caption of Ordinance No. 1740 as follows:
An ordinance amending the Code of Ordinances of the City of West University Place,
Texas regarding fences; and containing findings and provisions relating to the subject.
Copies of Ordinance No. 1740, in the form proposed for adoption, were available in the
Council Chambers.
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City Planner Nes Tesno reported that a public hearing was held on March 10 concerning
a proposed amendment in regard to side setbacks. This was prompted by safety concerns
due to the proximity of structures and limited emergency access. Council directed the
Building and Standards Commission (BSC) and Staff to investigate related matters such
as restricting fencing. The BSC submitted fence regulation recommendations and the
City Staff have developed a proposed ordinance reflecting those recommendations. This
amendment creates an emergency side access area, which extends from the front street
line to the rear building line and includes the area within five feet of a side property line
(on both adjacent lots). Within an ?emergency side access area?, no part of a fence higher
than 3.5 feet may be closer to a prior building or to a side building line than the height of
that part. Mrs. Tesno stated that both the Fire Chief and Building Official were involved
with the recommendations and believe them to effectively address safety concerns. Staff
is recommending that the Council approve Ordinance No. 1740 and hold an informal
comment session to coincide with the second reading of the Ordinance.
Following a discussion of this item, a motion was made by Council Member Farley,
seconded by Council Member Jackson to table consideration of this item.
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
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
Copies of Ordinance No. 1735, in the form proposed for adoption, were available in the
Council Chambers.
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City Council Regular Session, May 6, 2003
Mrs. Tesno reported that currently City regulations allow alternate side set backs of 3/7
on narrow lots. At times this allows structures to be within 6 feet of each other and
concerns of safety prompted the Zoning and Planning Commission (ZPC) to address the
issue. They have recommended that a minimum 8-foot distance be required between
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buildings. A public hearing was held on March 10 and at that time the Council asked
Staff and the BSC to address related items such as fences. The ZPC voted to send the
final report to the City Council with no changes after the public hearing. Mrs. Tesno
stated that the Staff recommends the Council approve the Ordinance concerning side yard
setbacks.
Council Member May commented that he did not see a compelling need for the 3/7
exception.
Stephen Pohl, Chair of the ZPC, stated that this was a property rights issue and it is
important that people be able to access this 3/7 setback. It does encourage rear garage
construction and makes a more stately street presence. He stated that this ordinance
should be considered separately from the fencing recommendations.
A motion was made by Council Member Griffin, seconded by Mayor Lewis, to adopt
Ordinance No. 1735 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Griffin and Jackson
Voting Nay: Council Members May and Farley
Absent: None
The motion passed.
Tax exemption.
Matters related to the over-65 exemption from ad valorem taxation including Ordinance
No. 1741.
Mayor Lewis read the caption of Ordinance No. 1741 as follows:
An ordinance amending the Code of Ordinances of the City of West University Place,
Texas regarding tax exemptions; and containing findings and provisions relating to the
subject.
Copies of Ordinance No. 1741, in the form proposed for adoption, were available in the
Council Chambers.
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City Council Regular Session, May 6, 2003
A motion was made by Council Member Farley, seconded by Council Member Jackson,
to table consideration of this item until the 2004 budget process.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Farley and Jackson
Voting Nay: Council Members Griffin and May
Absent: None
The motion passed.
Water meters.
Matters related to water meters including bids received on April 28 for the purchase of
water meters.
Assistant City Manager/Public Works Director Ron Wicker reported that the water meter
replacement program requires the purchase of water meters for installation. The program
is a three year program with $110,000 budgeted per year. The program in 2003 will
require approximately $75,000 to be spent on water meter purchasing and a similar
amount next year. The remaining $35,000 each year will be spent on the meter audit and
meter installation. This will allow for the purchase and installation of approximately
2000 meters of various sizes for the 2003 budget year. The bid request asked for a meter
pricing with the option to purchase a pricing option good for two years at the cost of
$100.00. Two bids were received.
A motion was made by Council Member Jackson, seconded by Council Member Farley,
to approve a contract with Hughes Supply for the purchase of water meters in an amount
not to exceed $75,000
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
Water rate analysis.
Matters related to a water rate analysis and a proposed contract.
Finance Director Walter Thomas reported that this item has been brought back to the City
Council with an adjusted scope of services.
Council Member Jackson asked what was changed in the scope of services.
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City Council Regular Session, May 6, 2003
Mr. Walters stated that one of the things that Black & Veatch had proposed to do was
relay cost back to the sewer and to the water. Since about 1997 those two functions have
been accounted for in the same fund and out of the same division. This change would be
difficult to do and is cost prohibitive. This function was deleted from the scope of
services. Mr. Walters stated there is an opportunity for further fee reduction with Staff?s
participation in the study.
A motion was made by Council Member Farley, seconded by Council Member Jackson,
to approve a contract with Black and Veatch in the amount of $38,500.
A vote was taken on the motion with the following result:
Voting Aye: Council Member Farley
Voting Nay: Mayor Lewis, Council Members May, Griffin and Jackson
Absent: None
The motion failed.
Transportation improvement agreement; etc.
Matters related to a Transportation Improvement Agreement among the City of West
University Place, Harris County and the Metropolitan Transit Authority; streetlights,
sidewalks, drainage and other projects; and related matters.
City Manager Michael Ross reported that Harris County has delivered the Transportation
Improvement Agreement (TIA) from the Metropolitan Transit Authority of Harris County
(METRO). The proposed language in the current TIA limits the City to a single large
streetlight and sidewalk project and restricts what may be done first (streetlights or
sidewalks). Staff has provided a revised TIA based on the following.
The detailed sidewalk system assessment survey is now complete. The estimate for
sidewalk repairs and new sidewalk installation is between 7.5 and 10 million dollars.
There also has been a demonstration of the latest proposed light, the GranVille Lunar
Optic lamp, on Georgetown. This light is called a high-pressure sodium light, as
compared to the earlier lights, which were metal halide. CenterPoint Energy has recently
determined that they may legally bid on any future street light project the City may
request. Based on the proposed streetlight layout the current estimate to install
streetlights throughout the City is approximately 1.5 million dollars.
Mr. Ross stated that there is new technology in street lighting that may bring promise in
the future. Induction lamps may revolutionize lighting by providing a white light that
lasts up to 20 years. The costs of purchasing these lights are currently cost prohibitive,
but the costs are coming down. At some point it will make sense for this type of lighting
to be assigned a tariff rate by the Public Utility Commission that CenterPoint may use.
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City Council Regular Session, May 6, 2003
Based on the low maintenance associated with this light the tariff should be very
attractive. This could provide a white light at a very low maintenance/tariff cost at some
point in the future.
A motion was made by Council Member Farley, seconded by Council Member Jackson,
to approve the revised Transportation Improvement Agreement that prioritizes the
sidewalks first, and, if funds remain, street lights second.
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
The motion passed.
No action was taken on the choice of the streetlights.
City Council minutes.
Matters related to the minutes of the Regular Session conducted on April 14, 2003.
A motion was made by Council Member Jackson, seconded by Council Member May, to
approve the minutes as presented.
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.
City Manager Michael Ross reported that the Staff has met with the City of Houston on
the upcoming Kirby Drive project and is working with them so that the impact on West
University is minimized. A public meeting will be held in the future.
He also reported that the Staff met with the City of Bellaire concerning the property on
Ruffino Road.
Council comments.
Council Member Jackson inquired about the negotiations with HISD and the recreation
center.
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City Council Regular Session, May 6, 2003
Mr. Ross stated that the Staff had a meeting on-site with HISD to tour the property.
HISD will bring an expert in asbestos abatement to review the situation.
Council Member Griffin stated that she wanted her comments verbatim for the record.
She commented that she wanted to chastise and reprimand Council Member Farley for
not being willing to allow the discussion of the senior exemption knowing that 3 of the 4
Council Members and the next Mayor have all in forums and discussions during their
election process said that they were totally in favor of increasing the senior exemption.
Also noting that the loss of revenues if the City doubled the senior exemption would only
be $228,000 and addressing Mr. Elder?s comments that the seniors get all of the benefits
of the EMS, the Seniors Services Department only receives $100,000 to $150,000 per
year. The City gives the Parks and Recreation Department over $600,000 every year and
no one ever complains about that. So even increasing the exemption and costing the City
$228,000 and the amount given to the Senior Services Department does not equal even
one-half the amount given to the Parks and Recreation Department. The City still has
many over 65-tax payers who are living on a fixed income and the increase taxes do
threaten their property and their ability to reside in West University Place. Council
Member Griffin stated that she challenges Council Member Farley and his next Council
and that she may bring a petition with signatures from all of the seniors requesting
immediate action on this item.
The City Council recessed the Formal Session to convene in Informal Session at 8:07
p.m.
Informal Session
2002 Comprehensive Annual Financial Report.
Matters related to the 2002 Comprehensive Annual Financial Report.
Mr. Walters reported that the Council City is required each year to submit its books and
records to an annual audit by an independent firm of certified public accountants. When
the audit is complete the auditor issues a report on the results of that audit. The 2002
audit report included in the Comprehensive Annual Financial Report is a ?clean opinion?,
meaning that the auditors found that the 2002 Financial Statements fairly present the
City?s financial activity.
The auditors also provide suggestions for improvement of the City?s internal accounting
controls. These suggestions, often referred to as findings, can be informal or formal. The
auditors have prepared a letter to management detailing these findings. The auditor?s
findings, together with staff?s responses are included in the Management Letter.
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City Council Regular Session, May 6, 2003
The Comprehensive Annual Financial Report is used primarily by rating and regulatory
agencies as a source for financial information about the City. It also serves as the primary
archival document about the City?s financial activity in 2002.
Mr. Walters state that there are no significant deviations from the financial information
presented to Council previously.
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.
There were no reports given.
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.
Council Member Griffin stated that there was an issue with people feeding the pigeons
and causing problems with their neighbors.
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 8:13 p.m.
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