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CITY COUNCIL REGULAR SESSION
MONDAY, MARCH 12, 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 March 12, 2001, with the following members present: Mayor Lewis
presiding, Council Members Ballanfant, Bertini and May. The City Manager, Assistant
City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief and
Parks and Recreation Director were also present. Council Member Grubb was absent.
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 March 2001 at 4:00 p.m.
Zoning ordinance and subdivision regulations.
Matters related to the second and final 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 Bertini, seconded by Council Member
Ballanfant, to adopt Ordinance No. 1672 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 and
May
Voting Nay: None
Absent: Council Member Grubb
Ordinance relating to electricity, gas and water connections.
Matters related to the first reading of Ordinance No. 1673.
City Council Regular Session, March 12, 2001
Mayor Lewis read the caption of Ordinance No. 1673 as follows:
An ordinance relating to electricity, gas, and water connections; 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. 1673, in the form proposed for adoption, were available in the
Council Chambers.
Public Works Director Ed Menville reported that the standard code schedule is a set of
localized amendments to the standard building codes. Within this schedule, the following
amendments are being proposed:
To insure proper inspections are carried out on commercial buildings subsequent to a
change of occupants? section 8-105 of the code of ordinances is amended to require
electrical utility companies to receive written permission before providing electrical
service to the new occupant.
In order to lessen the impact on the City?s water system, water meters for single-family
homes are being limited to 1 inch unless a Registered Professional Engineer (R.P.E.) can
demonstrate a need for a larger meter.
In order to lessen the impact on the City?s water system, water meters for irrigation
systems are being limited to ¾ inch.
To improve emergency response time, gas meters will be required to be placed on the
property they serve.
A motion was made by Council Member May, seconded by Council Member Bertini, to
adopt Ordinance No. 1673 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and
May
Voting Nay: None
Absent: Council Member Grubb
Boundary agreement ordinance.
Matters related to the first reading of Ordinance No. 1674.
Mayor Lewis read the caption of Ordinance No. 1674 as follows:
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City Council Regular Session, March 12, 2001
An ordinance approving and authorizing a boundary agreement by and between the City
of West University Place and the City of Southside Place, which agreement, among other
provisions, makes mutually agreeable changes in municipal boundaries and allows use of
public property in boundary areas; and containing findings and provisions relating to the
subject.
Copies of Ordinance No. 1674, in the form proposed for adoption, were available in the
Council Chambers.
Mr. Menville reported that on March 26, 2001 Council approved a boundary agreement
between the Cities of West University Place and South Side Place. The agreement
formally established the common boundary between the two cities in the area of
University Boulevard and identifies an exchange of boundaries along Bellaire Boulevard.
Additionally the agreement specifies agreed upon rules for the use of the public rights of
way and easements located within the Boundary Areas. The areas agreed upon have been
identified by metes and bounds and map drawing and were approved as part of the
agreement.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini, to adopt Ordinance No. 1674 on the first reading.
Council Member May commented that his reluctance in voting favorably toward the
boundary agreement had to do with the change from the 100-foot right-of-way on
University Boulevard in front of the elementary school. The city had some planning
opportunities with respect to parking and traffic in the area, but has diminished those
opportunities with a 75-foot right-of-way.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant and Bertini
Voting Nay: Council Member May
Absent: Council Member Grubb
The motion carried.
Fee schedule ordinance.
Matters related to the first reading of Ordinance No. 1675.
Mayor Lewis read the caption of Ordinance No. 1675 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
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City Council Regular Session, March 12, 2001
Copies of Ordinance No. 1675, in the form proposed for adoption, were available in the
Council Chambers.
Parks and Recreation Director Mark Mailes reported that from time to time schools,
churches and other community-based organizations have asked for contributions of City
passes to assist in fund-raising efforts. Due to concern raised by the City Attorney over
donations, particularly to institutions supported all or in part by religious organizations, a
proposal has been prepared to allow for ?trade-outs?. City passes could be exchanged for
public use of the institution?s facilities for meetings, elections, emergencies, operations,
etc. The City Attorney believes that this would avoid the State constitutional prohibition
against donations and gifts, and would avoid Federal constitutional problems relating to
the first amendment.
Mr. Mailes stated that it is the staff?s recommendation to adopt a new section to the fee
schedule authorizing the Parks and Recreation Director to trade-out fees for services and
facilities that these organizations have available. There would be a maximum of $500 per
year waiver of fees.
A motion was made by Council Member Bertini, seconded by Council Member May, to
adopt Ordinance No. 1675 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and
May
Voting Nay: None
Absent: Council Member Grubb
Ordinance relating to non-residential garbage and trash.
Matters related to the first reading of Ordinance No. 1676.
Mayor Lewis read the caption of Ordinance No. 1676 as follows:
An ordinance relating to non-residential garbage and trash; 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. 1676, in the form proposed for adoption, were available in the
Council Chambers.
Mr. Menville reported that the City staff has received several complaints regarding the
installation, maintenance and use of commercial garbage collection containers. In order
to correct what appears to be a deficiency in the applicable part of the Code of
Ordinances, staff is proposing that Section 11.025 be amended. The amendment requires
owners/users of such commercial containers to keep them closed and free from entry by
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City Council Regular Session, March 12, 2001
vermin, requires signage on when the container may be emptied and establishes specific
set back requirements for the container on the property being served.
A motion was made by Council Member May, seconded by Council Member Ballanfant,
to adopt Ordinance No. 1676 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and
May
Voting Nay: None
Absent: Council Member Grubb
City Council minutes.
Matters related to the minutes of the Regular and Special Sessions conducted on February
26, 2001 and Special Session conducted on March 5, 2001.
A motion was made by Council Member Ballanfant, seconded by Council Member
Bertini, to approve the minutes as amended.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and
May
Voting Nay: None
Absent: Grubb
Staff Report.
City Manager Sherman Yehl reported that the construction efforts in the Police Dispatch
area have started. The contractor has completed the demolition and has begun the
framing. He also reported that Sunday evening about 10 vehicles were vandalized. Two
of the suspects were apprehended and a warrant was issued for the other individual.
Council Comments.
Council Member Bertini commented that Spring Break was upon us. He stated that
everyone needed to heighten their awareness that children may be out on the streets and
sidewalks at unusual times and to be careful.
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 Bertini, to adjourn. The Regular
Session adjourned at 7:50 p.m.
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