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CITY COUNCIL REGULAR SESSION
MONDAY, OCTOBER 13, 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 October 13, 2003, 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, 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 9 day of October 2003 at 5:00 p.m.
Formal Session
Public Hearing.
A public hearing was held before the Zoning and Planning Commission and the City
Council to provide an opportunity for parties in interest and citizens to be heard in
relation to a proposal to amend the City?s Zoning Ordinance relating to boards,
commissions and committees.
Members of the Zoning and Planning Commission present were Dick Yehle, Mary
Nelson, Steve Brown, Anne Whitlock, Steven Stewart and Marc Boucher.
Mr. Yehle called the public hearing before the Commission to order.
Mayor Ballanfant called the public hearing before the City Council to order.
Mr. Yehle stated that the proposed amendment would change Article 15 to say (1) the
City Council may provide for the appointment of officers, and (2) the Council may allow
the ZPC and ZBA to select their officers.
Members of the public were invited to ask questions or speak concerning the proposed
amendment.
There being no persons wishing to speak, a motion was made by Commission Member
Brown, seconded by Commission Member Nelson, to make all statements, exhibits and
documents a part of the official record of this hearing and to close the public hearing.
One written comment was received.
City Council Regular Session, October 13, 2003
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
close the public hearing before the City Council.
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
The public hearing was closed at 6:37 p.m.
Members of the Zoning and Planning Commission left the council meeting and
reconvened in the Conference Room.
Citizen Comments.
A motion was made by Council Member Segal, seconded by Council Member Farley, to
change the order of the agenda to hear citizens addressing items that are on the agenda to
right before item #10 and to postpone #7 as late as possible to give the Zoning and
Planning Commission time to consider the proposed amendment and issue their final
report.
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
Ordinance relating to Boards, Commissions and Committees.
Matters related to Boards, Commissions and Committees including Ordinance No. 1751.
Mayor Ballanfant read the caption of Ordinance No. 1751 as follows:
An ordinance relating to Boards, Commissions and Committees; amending the code of
ordinances of the City of West University Place, Texas; and containing findings and
provisions relating to the subject
Copies of Ordinance No. 1751, in the form proposed for adoption, were available in the
Council Chambers.
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City Council Regular Session, October 13, 2003
City Attorney Jim Dougherty reported that Ordinance No. 1751 is an ?omnibus?
amendment that: (1) deletes provisions for the Public Safety Board, (2) allows the Board
of the Friends of West University Parks Fund to appoint one of its members to the Parks
& Recreation Board, as suggested by the special study group, (3) adds new provisions for
meeting notices and agendas in 2.011 (similar to the process used by City Council), (4)
consolidates and clarifies the provisions for City Council appointing officers, and adds a
provision allowing the Council to let a board or commission select officers, (5) conforms
language to the zoning ordinance and state law and adds cross references, (6) adds
references to the FWUPF in Section 16.202, (7) modifies the duties of the P&R Board as
suggested by the special study group, and (9) makes the City Planner the staff liaison for
Z&PC and ZBA.
Mr. Dougherty also reported that the City Secretary made the amendments as suggested
during the first reading of the Ordinance which included deletion of the provision in (4)
above allowing the Council to let a board or commission select officers.
A motion was made by Council Member Segal, seconded by Council Member Woods, to
adopt Ordinance No. 1751 on the second 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
Official newspaper.
Matters related to the official newspaper including Ordinance No. 1755.
Mayor Ballanfant filed an affidavit regarding substantial interest in ?business entity? with
the City Secretary and did not participate in the discussion or vote of this item.
Council Member Segal read the caption of Ordinance No. 1755 as follows:
An ordinance designating an official newspaper of the City of West University Place,
Texas; and containing findings and provisions relating to the subject.
Copies of Ordinance No. 1755, in the form proposed for adoption, were available in the
Council Chambers.
City Secretary Kaylynn Holloway reported that on September 15, 2003, the City received
and opened requests for proposals (RFP?s) for the publication of legal notices and
advertising. Proposals ranged from a low of $30.03 to a high of $270.00. The West
University Examiner submitted the low proposal. As a result, the Staff awarded a
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City Council Regular Session, October 13, 2003
contract for legal notices and advertising to the West University Examiner. She stated
that the designation of an official newspaper is required for the publication of most
ordinances adopted by the City Council. The Examiner substantially complies with the
requirements of Texas Government Code, 2051.044 as required by law.
City Attorney Jim Dougherty stated that the staff recommendation to award the official
newspaper to the West University Examiner is supported by findings.
A motion was made by Council Member Fogler, seconded by Council Member Farley, to
adopt Ordinance No. 1755 designating the West University Examiner as the official
newspaper on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Council Members Segal, Farley, Fogler and Woods
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Regular and Special Sessions conducted on
September 29, 2003 and Special Sessions conducted on October 4 and 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.
Mr. Ross reported on the Kirby Drive project. He stated that he attended a meeting with
the Upper Kirby District on possible enhancements that they are proposing from
Bissonnet to San Felipe. Knudson & Associates made a presentation on enhancing the
area South of Bissonnet to Holcombe. Funding sources were also discussed.
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City Council Regular Session, October 13, 2003
Mr. Ross stated that the monthly meetings relating to flooding were continuing.
He also reported that negotiations were continuing with the Houston Independent School
District relating to a proposed lease at the Recreation Center. Risk and enforceability is
still a major issue. The Staff has just received the traffic impact study.
Zoning and Planning Commission and Zoning Board of Adjustment.
Matters related to the Zoning and Planning Commission and Zoning Board of Adjustment
including Ordinance No. 1756.
Mayor Ballanfant read the caption of Ordinance No. 1756 as follows:
An ordinance amending the zoning ordinance of the City of West University Place,
Texas, regarding the Zoning and Planning Commission and Zoning Board of Adjustment;
and containing findings and provisions relating to the subject.
Copies of Ordinance No. 1756, in the form proposed for adoption, were available in the
Council Chambers.
Members of the Zoning and Planning Commission rejoined the city council meeting. Mr.
Yehle submitted the final report to the City Council. He stated that the Commission
voted against making the proposed change.
The City Council recessed the regular session at 7:00 p.m. to review the final report from
the Commission. They reconvened at 7:05 p.m.
Council Member Segal stated that he thought it was important for the Council to ask for
the proposed change and to take the position that they appoint not only the members but
also the Chairperson of all the Boards and Commissions.
A motion was made by Council Member Segal, seconded by Council Member Fogler, to
adopt Ordinance No. 1756 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Council Members Segal, Farley, Fogler and Woods
Voting Nay: Mayor Ballanfant
Absent: None
Citizen Comments.
Mayor Ballanfant invited citizens who wished to address the City Council to come
forward as their names were called.
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City Council Regular Session, October 13, 2003
Don Aubin, 4235 Ruskin, commented that he has not seen a long term plan for use of the
recreation center property. He also expressed concern over the traffic flow.
Steve Brown, 3305 Rice, presented a letter to the council regarding the recreation center
property. He stated no deal should be made that compromises the City?s short-term use
of the property unless it is genuinely advantageous to West University.
Mark Lowes, 3836 Villanova, requested that the Council keep the negotiations open with
HISD for the lease of the recreation center property. He stated that Tri-Sports would lose
valuable playing fields at Pershing Middle School if the Mark Twain School were
relocated there.
Tom Pielech, 4208 Ruskin, requested that the Council cut off negotiations with HISD for
lease of the recreation center property because it does not benefit the citizens of West
University. He stated that there would be an increase in traffic, drainage and solid waste
disposal. He stated that the citizens of West University want green space or park space.
John Putnam, 2808 Nottingham, commented that the field space for youth sports in West
University is leased from HISD. He requested that the Council keep the negotiations
open with HISD for the lease of the recreation center property.
Ken Hoffman, 4212 Ruskin, commented that the citizens of West University supported
the purchase of the YMCA property because they were told it was going to be used as
park space. He stated that leasing the property to HISD would cause major traffic
problems by forcing cars on the surrounding streets in West University.
Allen Kikish, 4222 Ruskin, commented that leasing the property to HISD was not a good
idea.
Bruce Watkins, 4220 Ruskin, stated that he opposed a lease agreement with HISD at the
recreation center property.
Ramsay Elder, 2821 Tangley, commented that the rent income from a lease agreement
with HISD would benefit the taxpayers. He stated that he supported a lease agreement for
the recreation center.
Hugh Tanner, 6318 Rutgers, encouraged the Council to continue negotiations with HISD.
He stated that losing the playing fields at Pershing would have a real impact on youth
sports.
Russ Schulze, 3518 Rice, encouraged the City Council to help HISD solve their problem
in relocating Mark Twain Elementary School.
Lisa O?Connor, 4210 Ruskin, commented that Ruskin Street was already dangerous and
moving Mark Twain to the recreation center would increase the traffic problems. She
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City Council Regular Session, October 13, 2003
stated that Mark Twain was an after-school magnet and parents would be picking their
children up late.
Marc LaMond, 4202 Ruskin, stated that he was opposed to HISD placing buildings on the
recreation center property.
Hope Northrup, 4217 Ruskin, stated that she was worried about traffic problems and
safety if HISD relocates the elementary school to the recreation center.
Heidi Perritta, 4232 Ruskin, asked about the proposed lease dates. She commented that
she thought it was a bad financial decision to lease the property to HISD.
The City Council recessed the regular session at 8:12 p.m. and reconvened at 8:20 p.m.
West University Place recreation center.
Matters related to the purchase, exchange, lease or value of real property (West
University Place recreation center), located at 4210 Bellaire Boulevard (former YMCA
site).
Closed executive session to be held under Section 551.072 Texas Government Code.
The City Council convened in executive session at 8:20 p.m.
The City Council closed the Executive Session at 9:52 p.m. and reconvened in open
session.
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 9:53 p.m.
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