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CITY COUNCIL REGULAR SESSION
MONDAY, SEPTEMBER 15, 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 September 15, 2003, with the following members
present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods.
The City Manager, City Secretary, City Attorney, Finance Director, Fire Chief, Parks and
Recreation Director, Police 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 12 day of September 2003 at 5:40 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.
Ken Hoffman, 4212 Ruskin, commented that when the YMCA property was purchased
the intention was clear to West University residents that they were going to get a
recreation building, more soccer fields and huge green space for leisure purposes. He
stated that he was opposed to any deal that the City might consider to lease the property to
the Houston Independent School District. He stated that leasing the property would cause
traffic problems on Bellaire Boulevard and in West University.
Rod Kellems, 4217 Ruskin, stated that he shared the views of Mr. Hoffman and that he
supported the original plan for the YMCA property to be used as park space.
Bob O?Connor, 4210 Ruskin, commented that he concurred with the last two speakers
and that he opposed leasing the YMCA property to HISD.
Cynthia Scott, 4025 Amherst, commented that the 80% rule for house size was being
liberally interpreted and that it needed to be strictly enforced. She also commented that
there should be a penalty for sidewalk contractors who did not protect the trees.
Phil Sellers, 4225 Ruskin, commented that he opposed leasing the YMCA property to
HISD.
City Council Regular Session, September 15, 2003
Harris County Appraisal District.
Matters related to Harris County Appraisal District and its Board of Directors including
Resolution No. 2003-09.
Mayor Ballanfant read the caption of Resolution No. 2003-09 as follows:
A resolution of the City Council of the City of West University Place, Texas nominating
a candidate for a position on the Board of Directors of the Harris County Appraisal
District.
City Manager Michael Ross reported that the Chief Appraiser of the Harris County
Appraisal District is requesting a nomination for a director of the Board of Directors to
represent the City Councils of the cities other than Houston.
A motion was made by Council Member Woods, seconded by Council Member Farley, to
nominate Walter Kronzer, III to the Harris County Appraisal District Board.
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
Appointment of representatives to the Houston-Galveston Area Council General
Assembly.
Matters related to the appointment of a representative and alternate to the Houston-
Galveston Area Council General Assembly.
Mr. Ross stated that it is time for the Council to appoint a replacement to the Houston-
Galveston Area Council General Assembly.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
designate Mike Woods as the representative and Mike Farley as the alternate to the
Houston-Galveston Area Council General Assembly.
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 Session, September 15, 2003
Ad valorem taxes and resolution proposing tax rate and calling public hearings.
Matters related to ad valorem taxes including Resolution No. 2003-10.
Mayor Ballanfant read the caption of Resolution No. 2003-10 as follows:
A resolution proposing a tax rate and scheduling public hearings; and containing findings
and provisions relating to the subject.
Finance Director Walter Thomas stated that in compliance with State law, a resolution
recording a record vote on a proposal to increase property taxes has been prepared. The
resolution also calls public hearings on the budget and the tax rate.
All political subdivisions of the State of Texas who levy an are required to
ad valorem tax
publish notices and hold a public hearing if they intend to raise property taxes. The
requirement does not distinguish between increased property taxes due to increases in
assessed values or increases in the property tax rate.
The proposed budget is based on a property tax rate of 44.6700 cents per $100 valuation, a
1.67 cent per $100 valuation increase from last year?s property tax rate of 43 cents per $100
and below the 44.6755 cent roll back tax rate. Since the 44.6755-cent rate does not exceed
the rollback tax rate, its adoption will not trigger the ?roll back? provisions of the Property
Tax Code.
A record vote must be taken determining the maximum tax rate City Council anticipates
approving. If the tax rate is reduced after hearing citizen?s concerns at the public hearing,
the City will have complied with the law. If the tax rate is set above the published amount,
the City will have to republish and hold another public hearing. Since the highest rate
under consideration is 44.67 cents per $100 valuation, proposing this rate offers the most
flexibility to the Council.
At the proposed 44.67-cent per $100 valuation, the City?s property tax assessed against a
home valued at $472,938 (the average taxable value) will increase $195.15 per year to
$2,112.61 and total property tax revenues will increase 10.1 percent.
A motion was made by Council Member Farley, seconded by Council Member Segal, to
adopt Resolution No. 2003-10 setting a proposed tax rate of 44.67 cents per $100 valuation
and calling public hearings on the tax rate and the 2004 Budget for a council meeting
scheduled on September 29, 2003.
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 Session, September 15, 2003
Zoning and Planning Commission and Zoning Board of Adjustment (calling joint
public hearing).
Matters related to the Zoning and Planning Commission and Zoning Board of Adjustment
including Ordinance No. 1749 (An ordinance calling a Joint Public Hearing on a proposal
to amend the zoning ordinance of the City of West University Place, Texas, regarding the
Zoning and Planning Commission and Zoning Board of Adjustment; prescribing
procedures and notices; containing findings and other provisions relating to the subject;
and declaring an emergency.
This item was covered at a previous council meeting.
Temporary corner site access
.
Matters related to temporary corner site access including Ordinance No. 1750.
Mayor Ballanfant read the caption of Ordinance No. 1750 as follows:
An ordinance amending the zoning ordinance of the City of West University Place, Texas
regarding temporary corner site access; and containing findings and provisions relating to
the subject.
Copies of Ordinance No. 1750, in the form proposed for adoption, were available in the
Council Chambers.
City Planner Nes Tesno stated that the City of Houston will be taking on a major
infrastructure construction project on Kirby Drive in the near future. Also the City of
Southside Place has planned a major reconstruction of Bellaire Boulevard. Some of the
commercial properties in the City of West University Place will not have any access
during the time when the street is being reconstructed since their only access is from these
major thoroughfare streets. By ordinance no access is allowed onto residential streets
when a non-residential building site abuts both a residential street and a major
thoroughfare.
The Zoning & Planning Commission has proposed this amendment that would authorize
temporary access to corner sites, but only with a ?special city permit issued in connection
with nearby construction or other temporary condition?. This permit could authorize
temporary access from the side . This amendment limits the term of the
residential street
permit, does not authorize the destruction of any large tree and requires restoration of the
site after the term of the permit expires.
Mrs. Tesno stated that a joint public hearing was held on July 28, 2003 and the Zoning &
Planning Commission issued a favorable final report.
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City Council Regular Session, September 15, 2003
The City Council asked numerous questions regarding the time limit for restoration of the
site. They requested that this be included in the ordinance not just in the issued permit.
A motion was made by Council Member Fogler, seconded by Council Member Farley, to
table consideration of this item until a later date.
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
Tree inventory and master plan.
Matters related to a Tree Inventory and Master plan including a contract for an Urban
Forestry Partnership Grant with the Texas Forest Service.
Mrs. Tesno reported that as Council requested, staff is in the process of developing a tree
inventory and tree master Plan. Staff has investigated the cost of a citywide tree inventory
and the possibility of receiving a grant for the creation of a Tree Master Plan.
The Texas Forest Service, in cooperation with the United States Department of
Agriculture Forest Service and the Texas Urban Forestry Council, Inc. has established a
statewide Urban Forestry Partnership Grant Program as part of its overall goal of
developing long-range urban forestry programs in communities across Texas. Staff
applied for this grant to help defray the costs associated with collecting the data for the
Tree Inventory and creation of the Tree Master Plan.
The City was approved for a $10,000 matching grant for the purpose of creating a Tree
Inventory and a Master Plan. The grant must be signed and submitted to the Texas Forest
Service by October 1, 2003 in order to receive it. Staff has submitted a capital
improvement project request to fund the entire project.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
authorize the City Manager to enter into a contract with the Texas Forest Service for a
$10,000 matching grant for the purpose of creating a Tree Inventory and Master Plan
subject to an affirmative approval of the contract by the City Attorney.
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 Session, September 15, 2003
Sidewalk improvement program.
Matters related to the sidewalk improvement program including bids received August 21,
2003 for the first phase of the program.
The City Staff requested that this item be withdrawn.
City Council minutes.
Matters related to the minutes of the Regular Session conducted on August 25, 2003 and
Special Session on September 8, 2003.
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:
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 and related matters. This may include report(s) from staff or
Council Members.
Mayor Ballanfant reported that METRO is asking each of the small cities to adopt a
resolution supporting the bond election for the transit system.
The City Council recessed the regular session at 7:20 p.m.
Workshop Session (in the Conference Room)
Boards, commissions, etc.
Matters related to Boards, Commissions, Committees and Task Forces (including Zoning
& Planning Commission, Zoning Board of Adjustment, Building & Standards
Commission, Parks & Recreation Board, Senior Services Board, Recycling & Solid
Waste Reduction Board, and the Friends of West University Parks Fund, a non-profit
corporation) including possible restructuring, abolition, consolidation, governing
documents, other changes and related matters.
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City Council Regular Session, September 15, 2003
Council Member Segal submitted a report from the Task Force charged with reviewing
the Parks and Recreation Board. He stated that the Task Force concluded that the Parks
and Recreation Board should continue to function. He reviewed the proposed changes to
Chapter 2 and 16 of the Code of Ordinances.
Council Member Fogler questioned one of the proposed amendments that allowed the
Board to appoint task force. She commented that a task force should be appointed by the
City Council.
Council Member Segal stated that the Board could only appoint a task force with the
approval of the Parks and Recreation Director.
The City Council requested that the City Attorney prepare an ordinance for adoption at
the next meeting.
City finances, facilities, programs and the 2004 Budget.
Matters related to city finances, facilities, programs and the 2004 Budget including
revenues and expenditures for current and future years for all funds, and capital
improvements and related programs and expenditures, including recreation facilities and
other park projects, police and public works facilities, street lighting, sidewalks, drainage
and flood control, animal recreation facility, traffic and parking and other public
improvements.
The City Council and Staff addressed the value and the cost associated with the Police
Accreditation program. Police Chief Ken Walker reported that since 1998 the City has
spent $11,582.50 and is 40% complete.
The City Council agreed that the program should be discontinued.
Matters related to the purchase, exchange, lease or value of real property (West
University Place recreation center)
, located at 4210 Bellaire Boulevard
The City Council and Staff discussed a proposed lease agreement with HISD. Mr. Ross
reported that HISD has hired a traffic engineer to conduct a traffic impact analysis and it
should be complete in 2 to 3 weeks. The study will need to show no impact to the
residential streets. HISD would then be required to go before the Zoning Board of
Adjustment to allow a school in a single-family district.
Meredith Smith representing HISD was present at the meeting. She stated that the
earliest HISD would be prepared to occupy the property was January or February when
they would start placing portable buildings on the property.
The City Council convened in a Closed Executive Session at 8:25 p.m. The
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City Council Regular Session, September 15, 2003
Closed Executive Session was held under Sections 551.072 Texas Government Code.
The City Council adjourned the Executive Session at 9:20 p.m. and reconvened in open
session.
Mayor Ballanfant instructed the City Staff to first resolve the indemnity and liability
issues and the contract enforceability issues between the school district and the City; and
if the school district so chooses they can concurrently or subsequently address the traffic
impact issues; and finally the other lease terms.
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 9:21 p.m.
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