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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 26, 2001
MUNICIPAL BUILDING COUNCIL CHAMBERS
3800 UNIVERSITY BOULEVARD
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers on February 26, 2001, with the following members present: Mayor Lewis
presiding, Council Members Ballanfant, Bertini, Grubb and May. The City Manager,
City Secretary, City Attorney, Public Works Director, Finance Director, Building
Official, and Utilities Superintendent were also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
rd
Chapter 551, on the 23 day of February 2001 at 3:00 p.m.
Citizen Comments.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
Olivia Fisher, 3606 Tangley, thanked the City Council for addressing their concerns
relating to sidewalks and for being open minded.
Beth Beloff, 3501 Nottingham, commented that she supported the City Manager?s policy
on sidewalks. She also thanked the City Council for addressing their concerns.
Jim Orchard, 3930 Coleridge, commented on the noise pollution from Weslayan Street.
Council Member Grubb requested that noise abatement be addressed at a future council
meeting.
Council Member Bertini requested that the Traffic Task Force review the issue.
Ken Hoffman, 4212 Ruskin, presented a petition from the citizens on his street requesting
speed bumps on Ruskin.
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Council Member Grubb requested that this item be placed on the agenda for March 26.
Council Member Bertini requested that the Traffic Task Force review the installation of
speed bumps on Ruskin for a 90-day trial period.
Tom Weil, 3423 Sunset, stated that he preferred that his area be left alone and not install
any sidewalks but that he appreciated the City Council listening to options.
City Council Regular Session, February 26, 2001
Gerardina Wise, 3405 Amherst, thanked the City Council and City Manager for being
willing to compromise. She urged the Council to not separate the issues of street widths
and sidewalks.
Prentiss Fatherree, 3700 Nottingham, requested that he be allowed to remain on the
existing sewer line in the back of his home.
Rick Thamm, 3401 Tangley, stated that he did not want sidewalks on his street but that
he appreciated the City Council?s willingness to compromise.
Request for auction items.
Matters related to a request from members of the St. Mark?s Episcopal School for a
donation of a family pool pass and birthday party at Colonial Park for their fundraiser.
A motion was made by Council Member Grubb, seconded by Council May, to table
consideration of this item at this time.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Resolution appointing members to the Senior Services Board.
Matters related to Resolution No. 2001-02 appointing Jeannine Bergt and Ann Bertini to
the Senior Services Board.
A motion was made by Council Member Ballanfant, seconded by Council Member
Grubb, to approve Resolution No. 2001-02 appointing Jeannine Bergt and Ann Bertini to
the Senior Services Board.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Grubb and
May
Voting Nay: None
Absent: None
Abstain: Council Member Bertini
Fee schedule ordinance and water rate increase.
Matters related to the second and final reading of Ordinance No. 1670.
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City Council Regular Session, February 26, 2001
Mayor Lewis read the caption of Ordinance No. 1670 as follows:
An ordinance establishing and reestablishing fees and charges for activities, goods and
services provided by the City; containing a provision to authorize the City Manager to
establish fees and charges in certain circumstances; and containing findings and
provisions relating to the subject
Copies of Ordinance No. 1670, in the form proposed for adoption, were available in the
Council Chambers.
A motion was made by Council Member Ballanfant, seconded by Council Member May,
to adopt Ordinance No. 1670 on the second and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Zoning ordinance and subdivision regulations.
Matters related to the first reading of Ordinance No. 1672.
Mayor Lewis read the caption of Ordinance No. 1672 as follows:
An ordinance adopting and re-adopting the zoning ordinance of the City of West
University Place, Texas with a revised zoning district map and various amendments to
the text; amending chapters 15 and 20 of the code of ordinances; and containing findings
and provisions relating to the subject
Copies of Ordinance No. 1672, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty reported that the Zoning and Planning Commission had
submitted their final recommendation favorable to the amendments. A revised zoning
district map is also included.
A motion was made by Council Member May, seconded by Council Member Grubb, to
approve Ordinance No. 1672 on the first reading.
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City Council Regular Session, February 26, 2001
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Park System Master Plan report.
Matters related to the Park System Master Plan report as prepared by White Oak Studio
Landscape Architecture.
Council Member Bertini commented that in the document on the letterhead of the City, it
was noted that there was extensive input from the citizenry of West University Place. On
page 24 of the master plan, there are some specific recommendations as it relates to
reduction of various pedestrian and bicycle movement and proposed traffic lights. He
stated that his concern and question was that the Traffic Task Force has also made very
specific recommendations that are in some places contradictory to this report. He asked
how these two reports would be handled when moving forward.
City Manager Sherman Yehl reported that the Master Plan was a planning document.
The actions, objectives and actions recommended are merely recommendations to assist
the city in a method of looking at different aspects of, in this case, mobility in the City.
He stated that the document does not force or require the city to act in any specific
manner other than to consider these recommendations as well as recommendations that
may be generated by the Traffic Task Force.
Chair of the Parks and Recreation Board Will Bertron commented that the document was
prepared by White Oak Studios not by the Board. The citizen input was obtained by a
survey mailed to residents. The issues that are in the plan as they relate to mobility and
recreation facilities came from the survey not from anything that a member of the Parks
and Recreation Board might have identified or brought to the consultants attention. The
cover letter points out that the Master Plan is a planning tool to be used by future Board
members and that some recommendations may change over time depending on current
conditions.
Exemption request for utility relocation in Priority Area 6B.
Matters related to a request from residents in Priority Area 6B for an exemption from
connecting to the new main utility line.
Public Works Director Ed Menville reported that the infrastructure rehabilitation project
in Priority Area 6B is complete and new sewer and water services have been constructed
within the street right of way providing a long-term substitute service connection for all
properties in this area. The materials and process of construction of the sewer main under
the street should provide suitable service to these properties for the next 60 to 100 years.
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City Council Regular Session, February 26, 2001
Notices to connect services to the all citizens residing within Priority Area 6B were
delivered last fall to each property. This notice provided six months for the residents to
connect to the new water and sewer services.
In January, 1992 the City issued a contract for Sewer Line Improvements to eliminate a
problem sewer main that ran parallel to Edloe Street. In addition to several other items
this contract included installing an 8-inch PVC sewer main from the new sewer under
Edloe Street to an existing manhole located in the utility easement in the North East
corner of the lot addressed as 3710 Nottingham. This line currently provides services to
the three property owners that are requesting the exemption.
The property owners of 3700 Nottingham, Mr. A. Prentiss Fatherree, 3706 Nottingham,
Dr. Marta Fiorotto, and 3701 Sunset, Mr. and Mrs. William C. Merritt Jr. have provided
written request to Council asking for an exemption to the requirement to connect to the
new main. Under Chapter 23 of the Code of Ordinances, property owners are required to
make water and sewer connection to the new lines in the street when such are available.
Citizens are provided a hearing before City Council to appeal this requirement.
There is no evidence to substantiate any claim that Public Convenience and Necessity
require the discontinuation of service from the old line at this time.
The proximity of improvements, along with the location of shrubbery and fences, and the
depth of the sewer main will cause excessive cost when maintenance is required on these
lines. The amount of spoils needing to be removed will cause the soil to be excavated and
removed from the location, as there is not enough room between the garages to safely pile
this along side the excavation. Additional items that will affect the maintenance cost
include removal and replacement of shrubbery and fences as the only guaranteed access
is directly along the 10 feet of easement.
The need to provide maintenance to this old main will occur and the Staff believes the
City will incur the cost of providing this maintenance. Due to the proximity of
improvements, disruption of fences and shrubbery that must be repaired or replaced and
the depth of the sewer main the time required to perform this maintenance will be
excessive. It is reasonable to anticipate that this line will provide uninterrupted service for
another 15 to 20 years. Additionally, it is reasonable to anticipate that anytime after 20
years the City will be required to provide emergency maintenance to these lines to
maintain service to the residents of the property at that time.
While staff does not anticipate any immediate need to have these residents relocate their
services to the new mains in the front, it is reasonable to believe that the cost to make
these relocations will only become greater as years pass. It is also reasonable to believe
that the current property owners may not be the property owners at the time that the lines
fail.
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City Council Regular Session, February 26, 2001
Mr. Menville stated that the Staff believes that it is in the best long-term interest of the
City, the property owners, or of future property owners of this property for the services to
be relocated to the new sewer in the front easement. There have been locations in the past
where rehabilitated sewers were providing service to properties. The owners of these
properties were required to relocate their services to the new services provided in the
front easement. In one such case 25 properties were required to relocate to the front from
a rehabilitated line that is still in service today. This line is located between Lake and
Kirby and only provides service to the properties on Kirby.
The old water main in the rear easement will not continue to support service to these
properties. This water line is a 2-inch iron pipe constructed in the 1930?s, and we have
experienced many problems with the lines of this material and age. The property owners
will need to relocate to the new water lines in the front. This will cause similar disruption
to the landscaping and improvements existing on the surface to that which will be caused
by the sewer line relocation though not to the same degree.
Staff is recommending that the request for exemption be denied. Alternatively, should the
Council desire to grant the exemption, Staff recommends that the following items be
considered:
The manhole at 3710 Nottingham is located on the property of a resident that
has not requested exemption from relocation. This manhole was constructed in the
1930?s and should be rehabilitated or removed and a new one built and the cost
passed on to the property owners. Engineer estimates this cost at $2000 to $3000.
Stipulations that if the property is sold that the relocations must be completed
at that time and/ or in conjunction with any new home construction on that
property. This should be recorded with the Harris County Clerk as a restriction on
the deed to that property and certification of the recording delivered to the City.
An agreement entered into in writing between each property owner and the
City stating that the residents would assume all liability for this line including cost
of maintenance.
A motion was made by Council Member May, seconded by Council Member Ballanfant,
to deny the request for exemption but allow for review of other options with the
homeowners.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
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City Council Regular Session, February 26, 2001
Interlocal Cooperation Contract for law enforcement assistance.
Matters related to an Interlocal Cooperation Contract between the City of West
University Place and the City of Southside Place for law enforcement assistance.
Mr. Yehl reported that the agreement would allow the City to provide a Bellaire
Boulevard task force to assist in operating within the right-of-way of Bellaire Boulevard.
This will allow the City to focus on traffic and motor vehicle enforcement issues. The
city of Southside Place approved the agreement at their last meeting.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini, to approve the Interlocal Cooperation Contract for law enforcement assistance
between the City of West University Place and the City of West University Place.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Interlocal Cooperation Contract for building regulation service.
Matters related to an Interlocal Cooperation Contract between the City of West
University Place and the City of Southside Place for building regulation service.
A motion was made by Council Member Bertini, seconded by Council Member
Ballanfant, to approve the Interlocal Cooperation Contract between the City of West
University Place and the City of Southside Place for building regulation service as
presented in Special Session including the overhead factor of 2.0 maintained.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Boundary Agreement.
Matters related to a Boundary Agreement between the City of West University Place and
the City of Southside Place.
Mr. Menville reported that the document represents the agreement that West University
Place and Southside Place have reached in regard to a common boundary along
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City Council Regular Session, February 26, 2001
University Boulevard. It also covers other items pertaining to joint projects and street
lights.
A motion was made by Council Member Grubb, seconded by Council Member
Ballanfant, to approve the boundary agreement between the City of West University
Place and the City of West University Place.
Council Member May stated that he has traditionally taken exception to the boundary
agreement on the basis of what it does to West University?s option on University
Boulevard which in essence makes a 100 foot right-of-way a 75 foot right-of-way. He
commented that it limited the City?s ability to plan for the expansion which has occurred
around the elementary school including parking.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and
Grubb
Voting Nay: Council Member May
Absent: None
Tree preservation plans.
Matters related to proposals from Forestry Associates, Inc. for tree preservation in
Priority Areas 9 and 11A.
Mr. Menville reported that during the infrastructure construction of Priority Area 1, the
City Council directed staff to develop an extensive tree protection plan to be used in all
future projects. Forestry Associates, Inc. was selected to develop these plans based on
their experience and ability to provide detailed preservation plans. A professional
services contract was approved by the City Council at that time between the City and
Forestry Associates, Inc. Since that initial directive, Forestry Associates has designed the
plans for Priority Areas 2-8 and 12. Forestry Associates has now submitted proposals for
Priority Areas 9 and 11A. These proposals include preparation of plans and specifications
(Step1), pre-construction consulting (Step 2) and during construction consulting (Step 3).
These plans were developed using the same criteria and directives that City Council
issued for Area 7B, 8 and 12 last year. They do not include review of the water and sewer
leads nor the post construction monitoring. The following table includes fees from
Priority Area 7B for comparison:
Priority Area 7B 9 11A
$1,028.83/pg $1,037.79/pg $1,037.79/pg
Step 1 - Plans & Specs
$1,462.50$1,462.50$1,462.50 (total)
Step 2 - Pre-construction
(total) (total)
consulting
$579.95/pg $580.00/pg $580.00/pg
Step 3 - During Construction
Consulting
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City Council Regular Session, February 26, 2001
The total project costs for Priority Area 9 is $56,467.50 and $49,996.20 for Priority Area
11A and will be paid from bond proceeds under the Infrastructure Replacement Fund.
A motion was made by Council Member May, seconded by Council Member Ballanfant,
to approve the proposals for the Tree Preservation Plans For Priority Areas 9 and 11A by
Forestry Associates, Inc.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Vehicle purchases.
Matters related to the purchase of two vehicles for the Development Services Division.
Mr. Menville reported that a 2001 Supercab Ranger pickup can be purchased for
$13,913.00 through the State General Services Contract. The new pickup will replace a
1992 Ford Ranger that has excessive mileage and maintenance needs. It has problems
with the transmission, a/c, engine and the electrical wiring. It is no longer cost effective
to repair.
A 2001 Chevrolet Malibu for $13,833.00 can be purchased through the State General
Services Contract. This vehicle is an add-on to the fleet and is needed as a result of the
hiring of the additional inspector. Both vehicles will be used in the Development Services
Division.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini, to authorize the purchase of the two vehicles under the State?s General Services
Contract.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Solid waste implementation program grant and services contract.
Matters related to a grant with the Houston-Galveston Area Council for hazardous waste
disposal and a contract with the City of Houston for the disposal of hazardous waste.
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City Council Regular Session, February 26, 2001
Mr. Menville reported that with the endorsement of the Recycling and Solid Waste
Reduction Board, the City applied for and obtained grant approval for the purchase of
200 HHW vouchers. The use of vouchers will enable our City and Southside residents to
dispose of hazardous waste at the City of Houston Household Hazardous Waste Disposal
Center.
Under terms of the grant the City will purchase 200 vouchers at a cost of $75.00/voucher
for a total cost of $15,000.00. Half this amount will be reimbursed by HGAC after the
purchases have been made. The City of Southside has agreed to participate in the
program and will reimburse the city for the purchase of 8 vouchers at a total cost of
$600.00. Matching funds of $7,500.00 were appropriated in the 2001 solid waste-
operating budget.
A motion was made by Council Member Bertini, seconded by Council Member May to
authorize the City Manager to execute the grant on behalf of West U and Southside Place
enabling the City to be reimbursed one half the actual costs of the vouchers and the
contract between the West U and the City of Houston enabling West U to purchase the
vouchers for disposal of HHW.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Regular and Special Sessions conducted on February
12, 2001.
A motion was made by Council Member May, seconded by Council Member Bertini, to
approve the minutes as presented.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Council Comments.
Council Member Bertini commented that he appreciated the work of the Chairpersons for
all the Boards and Commissions.
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City Council Regular Session, February 26, 2001
Mayor Lewis commented that Jim Patterson from White Oak Studios had received an
award from the American Society of Landscape Architects for his work on the Park
System Master Plan.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Bertini, seconded by Council Member May, to adjourn. The Regular
Session adjourned at 8:28 p.m.
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