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CITY COUNCIL REGULAR SESSION
MONDAY, NOVEMBER 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 November 24, 2003, with the following members
present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods.
The City Secretary, City Attorney, Assistant City Manager/Public Works Director, Parks
and Recreation Director, Police Chief, Code Enforcement Officer 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 20 day of November 2003 at 4:00 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.
Larry Kelly, 3319 Georgetown, stated that he opposed the Zoning Board of Adjustment
granting variances to the West University Baptist Church to use the 10 houses they have
purchased on Amherst and Milton as office buildings. He requested that the Council talk
to them about using single-family residences as offices and day schools.
Kathy Sweeney, 3822 University, stated that she was present at the meeting to protest the
exception to the code to allow the West University Baptist Church to use the properties at
3821 and 3831 Amherst for offices. She commented that it was inappropriate for the
neighborhood and would open up additional requests.
Diane Wells, 3815 University, commented that she attended the ZBA meeting where the
request for the variance by the West U Baptist Church was on the agenda and was told
that their protests were of no validity. She stated that West U is suppose to be a city of
homes not of large entities.
Mayor Ballanfant asked the City Attorney to explain what the powers of Council are in
reviewing a ZBA decision.
City Attorney Jim Dougherty explained that the Council has no authority to review a
ZBA decision. The only review goes to the District Court.
City Council Regular Session, November 24, 2003
Robert Wells, 3815 University, commented that the proposed variances by the West U
Baptist Church reduces the number of single-family residences and reduces the City?s tax
base. It also reduces the market value of the remaining residences on the North side of
University.
Friends of West University Place Parks Fund.
Matters related to the Friends of West University Place Parks Fund including Resolution
No. 2003-28 appointing a member.
A motion was made by Council Member Farley, seconded by Council Member Woods, to
approve Resolution No. 2003-28 appointing Cindy Hassler to the Friends of West
University Place Parks Fund.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and
Woods
Voting Nay: None
Absent: None
Abstain: Council Member Segal
Council Member Segal commented that he abstained from voting because Mrs. Hassler
had missed the interviews and he had never met her.
Zoning and Planning Commission.
Matters related to the Zoning and Planning Commission including Resolution No. 2003-
29 appointing a member as Secretary.
A motion was made by Council Member Fogler, seconded by Council Member Farley, to
approve Resolution No. 2003-29 appointing Jeffrey Horowitz as secretary to the ZPC.
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
Senior Services Board.
Matters related to the Senior Services Board including Resolution No. 2003-30
appointing a member as Secretary.
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City Council Regular Session, November 24, 2003
A motion was made by Council Member Segal, seconded by Council Member Farley, to
approve Resolution No. 2003-30 appointing Elizabeth Young as secretary to the Senior
Services 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
Temporary corner site access
.
Matters related to temporary corner site access.
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.
Mayor Ballanfant read the caption of Ordinance No. 1757 as follows:
An ordinance relating to temporary driveway permits; 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. 1750 and 1757, in the form proposed for adoption, were
available in the Council Chambers.
City Planner Nes Tesno stated that due to a major infrastructure construction project on
Kirby Drive and other surrounding streets in the near future, the Zoning & Planning
Commission has proposed an amendment authorizing 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 permit, does not authorize the
residential street
destruction of any large tree and requires restoration of the site after the term of the
permit expires.
City Council previously requested a few alterations to the amendment to include
deadlines for both the closure of the temporary access and restoration of the area. These
changes (set deadlines for closure of the temporary access and the restoration of the area
affected by the temporary access) have been incorporated into a companion amendment
in Chapter 19 of the Code of Ordinances.
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City Council Regular Session, November 24, 2003
In reference to Ordinance No. 1750, the footnote to cross reference the zoning ordinance
to Chapter 19 will be added editorially when the ordinance is codified.
A motion was made by Council Member Farley, seconded by Council Member Fogler, to
adopt Ordinance No. 1750 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
A motion was made by Council Member Woods, seconded by Council Member Farley, to
adopt Ordinance No. 1757 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
Sanitary sewer pipe replacement.
Matters related to sanitary sewer replacement (pipebursting) in Priority Areas 7B, 8, 9,
and 12 including the final acceptance of the work.
Assistant City Manager/Public Works Director Ron Wicker reported that pipebursting is
a project where there are lines within the City that were inaccessible due to no dedicated
easements or lack of easements or in some cases just unable to access some of the points
where there was some deteriorated sewer lines.
Bearden Contracting Company, prime contractor on the Sanitary Sewer Pipe Bursting
Project in Priority Areas 7B, 8, 9 and 12, has completed all work and submitted a final
payment request in the amount of $60,218.60. The original contract amount was
$487,220.00. No change orders were executed. This project was funded through a loan
from the Texas Water Development Board.
A motion was made by Council Member Fogler, seconded by Council Member Segal, to
accept the work completed by Bearden Contracting Company and approve final payment
in the amount of $60,218.60.
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City Council Regular Session, November 24, 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
Priority Area 10.
Matters related to Priority Area 10 including design, traffic circle at Cason and Belmont,
traffic calming and related costs, contract documents, street improvements, and related
matters.
Mr. Wicker reported that in January of 2000 a group of West U citizens named the Traffic
Task Force recommended that a traffic-calming device known as a traffic circle be
constructed due to perceived high volumes of cut-through traffic on Belmont Drive. On
January 24, 2000, City Council approved the task force?s recommendation.
This circle is currently included in the Priority Area 10 project and is scheduled to go out
for bid on November 12, 2003. The traffic engineer, Traff Data & Associates, Inc.
(TDAI) was asked to review the data collected by the task force in January 2000. The
City?s traffic engineer states that the traffic volumes reported by the task force are
insignificant and the speeds are at or below the posted speed limits. The intersection
currently is a four-way stop intersection. Therefore, TDAI recommends no special traffic
control installations at this intersection. Additionally, this intersection is typical of many
other intersections in the City; and the precedence of this proposed traffic circle
installation might be problematic in the future.
The estimated cost of the proposed traffic circle is less than $25,000.
A motion was made by Council Member Farley, seconded by Council Member Segal, to
omit the proposed traffic circle at Cason and Belmont from the Priority Area 10
construction plans.
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
The motion passed.
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City Council Regular Session, November 24, 2003
Boards, commissions and committees.
Matters related to boards, commissions and committees including the consideration of the
appointment of council liaisons, guidelines and roles of liaisons, discussion of Council?s
goals and objectives, creation of goals and objectives for boards and commissions and
related matters.
The City Council decided on the following liaisons to the Boards and Commissions:
Zoning and Planning Commission ? Council Member Fogler
Building and Standards Commission ? Council Member Woods
Senior Services Board ? Council Member Segal
Parks and Recreation Board ? Council Member Farley
Friends of West University Parks Fund ? Council Member Farley
Recycling and Solid Waste Reduction Board ? Mayor Ballanfant
Due to the fact that the Zoning Board of Adjustment is a quasi-judicial body, the City
Council agreed to not assign a liaison to the Board.
The liaison assignments will be reviewed again in August 2004.
The City Council addressed the roles of the liaisons.
Council Member Fogler commented that she felt a liaison role was to be available to the
Commission or Board for questions that they may want to take back to the City Council
for whatever Council input was required. The role of the liaison was never intended to
provide an opinion as if it were the opinion of Council but rather to seek the true opinion
of Council. Council Member Fogler stated that certainly the liaison is not intended to be
an active participant in the Board or Commission. The Board or Commission should be
independent and autonomous and should move forward with the minds that were chosen
to serve without interference from any members of the Council. If a Council Member
attends the meeting they should sit silently and not participate.
The City Council agreed with Council Member Fogler.
The City Council reviewed the following goals and objectives.
Remediate Flooding and Drainage in Area 2
1.
2. Pursue Purchase and Development of Additional Park Space
3. Determine Cost and Feasibility of Milton St. Public Works Facilities Relocation
4. Determine Cost and Feasibility of Police Station Replacement/Relocation=
5. Streetlight Program Implementation/Completion (note Council says
Implementation only)
Gateway Signage Implementation/Completion
6.
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City Council Regular Session, November 24, 2003
7. Retention of Old Stock Housing
8. Evaluate Rezoning of Commercial Areas to Allow or Facilitate Rebuilding and
Remodeling
9. Review of Building Codes and their Uniformity with the International Building
Codes
10. Evaluate Side Setbacks and Garage Requirements on Residences
11. Review of Tree Ordinance, Tree Master Plan, and Tree Fund
12. Evaluate 80% Lot Coverage Rule
13. Increase Recycling in the City
14. Review the City?s Risk Exposure
15. Enforcement of Parking Restrictions on sidewalks
16. Establish use for the West U. Rec. Center
17. Establish a Bark Park or enter into an agreement with another city for use of the
services.
18. Development of the Rice Pocket Park
19. Pursue Regionalism/ Interlocal cooperation
20. Train Noise Reduction/Toll Road Issues
The City Council also discussed the City Center, a pay as you throw program for solid
waste and the City?s facility maintenance.
Each council liaison will take the particular goal and objective to their Board or
Commission for review and consideration.
The City Council requested that the community surveys and police feasibility study be
distributed to the members of the Boards and Commissions.
Evaluation process.
Matters related to employees (City Manager and City Secretary) evaluation process
including possible questions to be addressed, documentation needed for the evaluation
and related matters.
The City Council requested that the City Manager provide the Council with a copy of his
contract, a written statement of his goals and objectives since his hiring as City Manager
and the action that he has taken to achieve those goals, a statement of written goals for
2004 and a survey of other City Manager?s salaries including their years of service.
Council Member Woods suggested that they receive a peer review from the Department
Heads.
The City Council discussed the evaluation form and concluded that suggested
improvements to the form would be sent to the City Secretary for inclusion.
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City Council Regular Session, November 24, 2003
Animals in parks and playgrounds.
Matters related to animals in parks and playgrounds including dogs in Colonial Park and
related matters.
Parks and Recreation Director Mark Mailes and Code Enforcement Officer Daniel
Paripovich addressed animals in Colonial Park.
Mr. Mailes stated that there was some confusion as to where the ordinances would allow
animals to be walked in Colonial Park. Section 5.017 in the City?s Code of Ordinances
states that no animal should be allowed on any park or playground. Mr. Parpipovich, had
requested a clarification of this ordinance for Colonial Park. The oval sidewalk inside
Colonial Park is, and has been used by citizens to walk their dogs.
John Markson, 4108 Cason, encouraged the Council to have a dog friendly park.
The City Council discussed the sidewalks and boundaries of the park.
A motion was made by Council Member Segal, seconded by Mayor Ballanfant, to define
the Colonial Park for the purpose of prohibiting dogs as the area inside the oval, on half
the block, so that dogs would be permitted to be walked on the outside track to the curb,
perimeter of the park only.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and
Woods
Voting Nay: None
Absent: None
Abstain: Council Member Fogler
After discussion, Council directed the City Attorney to prepare a draft Ordinance for
discussion at the next council meeting.
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, drainage, flooding, Kirby Drive construction, streetlights and
related matters. This may include report(s) from staff and reports and directives to staff
from Council Members. This may include comments regarding the rental of garages at
residences.
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City Council Regular Session, November 24, 2003
Mr. Wicker reported that the Harris County Flood Control Study Group has held two
meetings designed to answer questions of the adjacent property owners. They also
discussed different possibilities of improvements. The next public meeting will be held
on February 5, 2004.
Mr. Wicker also reported on the progress of Priority Area 8 and stated that bids for
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Priority Area 10 would be opened on December 10.
Council Member Segal made the following statement regarding the prohibition on rental
of garage apartments:
By memo dated August 19, 20003, the Zoning and Planning Commission of West
University Place advised the Council about the "Sunset of Prior Non-Conforming (PNC)
status."
In 1987, Council granted PNC status for 10 years for garage apartments that were being
rented at that time. PNC status expired in 1997. Thus, it has been unlawful to rent a
garage apartment in West U since 1997.
ZPC stated in part: "One of the most difficult issues will be dealing with more than one
family living on a single property in a SF District, e.g. habitation (renting) of garage
apartments. An important part of West U's fabric is the prominence of single-family
occupancy. Allowing occupation by multiple families whether by means of a garage
apartment or a group home concept conflicts with that very important principle. It also
imposes a burden on public facilities such as trash removal, use of public facilities, and
by tending to introduce extra vehicles into already crowded streets. Such use of garage
apartments has been banned for new properties since 1987 and should now be enforced
for all properties including those that once had PNC status."
ZPC also concluded that: "Strict enforcement of these and all ordinances is important but
can be difficult. Most enforcement is stimulated by complaints, while some may occur
proactively when the City becomes aware of violations. A major issue is the public's
awareness of existing regulations, their obligation to comply and the consequences of
non-compliance. There are sound reasons for each of the ordinances ? hence the need
for education to facilitate the enforcement process."
ZPC concluded: "All factors, including civil or criminal penalties for non-compliance
should be considered and incorporated into an educational and enforcement program.
This statement is intended to educate someone renting or contemplating renting a garage
apartment about certain consequences of violating the West University Place ordinances.
As of 1997, renting a garage apartment in West U has been unlawful and could subject
the resident and tenant to monetary fines or penalties. That should be obvious. I want to
call attention to certain additional adverse consequences that may not be understood by
all. I understand, for example, if you rent a garage apartment in West U:
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City Council Regular Session, November 24, 2003
You are not entitled to the full homestead property tax exemption provided by HCAD
If you did not report the income from the rental on your Federal Income Tax Return, you
filed a false tax return and may owe additional tax and interest and may be subject to
negligence or fraud penalties under IRS rules.
If you sell your property, you are not entitled to the full income tax exclusion applicable
to sale of a residence under IRS rules and you would be subject to income tax recapture
for depreciation on a portion of the rental property even if you did not claim depreciation
on the rental.
All this means that it is better for all concerned that residents comply with the prohibition
on rental of garage apartments and multiple occupancy of single family residences.
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 8:35 p.m.
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