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CITY COUNCIL REGULAR SESSION
MONDA Y, OCTOBER 23,2000
MUNICIP AL BUILDING COUNCIL CHAMBERS
3800 UNIVERSITY BOULEVARD
7:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers on October 23,2000, with the following members present: Mayor Lewis
presiding, Council Members Ballanfant, Bertini, Grubb and May. The City Manager,
City Secretary, City Attorney, Police Chief, Fire Chief, Parks and Recreation Director,
Public Works Director and Finance Director were also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
Chapter 551, on the 20th day of October 2000 at 5:20 p.m.
Public Hearing.
Public hearing to consider the 2001 proposed budget covering all funds for the City of
West University Place.
Mayor Lewis called the public hearing to order.
City Manager Sherman Yehl gave a brief overview of the proposed 2001 budget.
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Citizens were invited to speak regarding the proposed 2001 budget.
Steve Schwartz, 3911 Oberlin, stated that he was the owner of A&O Lamp Company
located in West University and would like the city to begin collecting recycling from the
commercial businesses. He also commented that Weslayan Street was turning into a
speed trap with police parked on private property.
Kenneth Clarke, 3504 Plumb, commented that his property taxes had increased 20%
since last year. He opposed any tax increase in West University and requested another
meeting to discuss the budget further.
Kyle Pentecost, 2606 Centenary, stated that his taxes were up 33-34% in two years. He
felt the Council should hold the line on taxes because of the increases the City is already
getting through the Harris County Appraisal District.
With no other persons wishing to speak on the proposed budget, Mayor Lewis closed the
public hearing.
Public Hearing.
Public hearing on a proposal to increase total tax revenues of the City of West University
Place.
A{I(\iG'.>
City Council Regular Ses~t\JO, October 23, 2000
Mayor Lewis called the public hearing to order on the proposed tax rate.
Mr. Yehl stated that based on the action discussed earlier in the Special Session, the
proposed 2001 ad valorem tax rate is set at $0.42 per $100.00 assessed valuation which,
is a one-cent decrease from the published rate for notice of hearing.
Citizens were invited to speak regarding the proposed tax rate.
Alan Blakemore, 6445 Brompton, stated that the financial picture in West University was
going straight up and that no increase in the general fund and revenues was necessary.
He stated that raising the average tax bill by 18% would be a serious mistake.
A discussion ensued between Mr. Blakemore and Council Member Grubb concerning the
proposed tax rate and the possible increase in the rate should the Public Safety Initiative
be adopted in the upcoming election.
Stephen Pohl, 3920 Marlowe, stated that he was opposed to any future tax increase.
John Lauderdale, 6341 Vanderbilt, encouraged the Council to not increase the tax rate
and do the best they can with the increase from the Harris County Appraisal District. He
asked that consideration be given to putting a cap on Senior Citizen funds.
William Van Pelt, 2601 Pitts burg, opposed any increase in taxes and asked that the tax
rate be lowered.
George Boehme, 3005 Robinhood, stated that the City had 33% more revenue because of
the increase in property valuation from the Harris County Appraisal District. He
commented that the current tax rate could not be compared to the projected tax rate set by
the Bond Committee in 1995.
Carrie Wilsher, 6016 Auden, opposed any increase in property taxes. She stated that with
an increase her family would have to choose between saving for her children's college
and selling their home.
Mayor Lewis commented that after listening to everyone, she felt that they were all on
the same side and should work together. She stated that this Council has made every
effort to be responsive to what they hear from all the citizens and she invited anyone to
review the budget who felt they could be more creative in process.
With no other persons wishing to speak on the proposed budget, Mayor Lewis closed the
public hearing.
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City Council Regular Ses~lVn, October 23,2000
Public Hearing and request for variance.
Matters related to a request to grant a variance to the J.M.H. Market and Cafe, Inc.
located at 3636 Rice Boulevard for an off premise wine and beer license.
Mayor Lewis called the public hearing to order.
Mr. Yehl reported Janet Carter, d/b/a JMH Market & Cafe, Inc. has requested a variance
to S4.006 of the Municipal Code. The JMH Market at 3636 Rice Boulevard is located
within 300 feet of the West University Elementary School. Under City ordinance
alcoholic beverage sales are prohibited within regulated areas under Chapter 109 of the
Texas Alcoholic Beverage Code. These regulated areas include businesses within 300
feet of a church, public school, or public hospital. The measurement of the distance
between the place of business and the school is a direct line from the property line of the
public school to the property line of the place of business.
Under S109.33(e) the City Council may grant a variance if it is determined that
enforcement of the regulation in a particular instance is not in the best interest of the
public, constitutes waste or inefficient use of land or other resources, creates an undue
hardship on an applicant for a license or permit, does not serve its intended purpose, is
not effective or necessary, or for any other reason, after consideration of the health,
safety, and welfare of the public and equities of the situation.
The Application for a Retailer's Permit or License is for off-premise consumption,
similar to the permit provided to the former owners of JMH. This request has been
reviewed with both the Chief of Police and the Principal of West University Elementary
School. Neither one is opposed to the application.
Citizens were invited to speak regarding the requested variance.
There being no persons wishing to speak during the public hearing, Mayor Lewis closed
the public hearing.
A motion was made by Council Member Bertini, seconded by Council Member Grubb, to
approve the request for the variance to the prohibition of the sale of alcoholic beverages
for off-site consumption within 300 feet of the West University Elementary School to
JMH Market and Cafe, Inc.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
I
Voting Nay:
Absent:
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City Council Regular Ses~...m, October 23,2000
Citizen Comments.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
Baroque Fineberg, 4127 Cason, requested that the City Council not hold meetings on
Jewish holidays.
Russ Schulze, 3518 Rice, invited the Council and Staff to the opening ceremony of
Helen's Park, which is a part of the Stella Link redevelopment project.
Susan Kasper, 4127 Cason, spoke regarding the proposed sidewalk bond issue. She
express concern that the City did not have any written specifications for installation of
sidewalks should the bond issue pass.
Jeff May, 3709 Robinhood, commented that he owned the property at 2624 Wroxton. He
stated that he had a contract to sell the property but was terminated due to the recent
zoning regulations on townhomes. He asked questions regarding the zoning regulations.
Ken Hoffman, 4212 Ruskin, stated that he was upset over the recent issue of city currents
because of an article that he felt used tax payer money to advocate the proposed sidewalk
bond issue. He asked that the City Council enforce the current law regarding sidewalks.
Ordinance approving 2001 Budget.
Matters relating to the first reading of Ordinance No. 1657.
Mayor Lewis read the caption of Ordinance No. 1657 as follows:
An ordinance approving and adopting a budget for the fiscal year beginning January 1,
2001 and ending December 31, 2001; appropriating funds for such budget; and
containing findings and provisions relating to the subject.
Copies of Ordinance No. 1657, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas reported that Ordinance No. 1657 is the first of two
ordinances necessary to provide and fund the budget for the year 2001. It is the
appropriation ordinance that provides spending limits and establishes the amount of
money that can be spent by each of the city departments. Mr. Thomas stated that the
amendment proposed during the Special Session would decrease the General Fund by
$200,000 and would allow for the reduction in the tax rate from $0.43/$100.00 assessed
valuation to $0.42.
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City Council Regular Ses,,",vn, October 23, 2000
A motion was made by Council Member Bertini, seconded by Council Member
Ballanfant, to adopt Ordinance No. 1657 on the first reading establishing a tax rate of
$0.42 per $100 assessed valuation.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Fee schedule ordinance.
Matters related to the first reading of Ordinance No. 1658.
Mayor Lewis read the caption of Ordinance No. 1658 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. 1658, in the form proposed for adoption, were available in the
Council Chambers.
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Public Works Director Ed Menville reported that over the last few years the city has been
replacing the infrastructure in various parts of the city. As a result the new water and
sewer mains have been relocated to the front of the homes. This has required the
homeowners to reroute their water and sewer lines to the new city mains.
For various reasons there have been a substantial number of requests by the homeowners
to install these new utility lines in advance of the various city mains being released for
service. This has posed a problem for city staff in tracking the progress of the work.
Having met with a group of plumbers and explaining our problem with tracking the
installation of future water and sewer lines, it was the consensus of the group to require a
$250.00 refundable deposit at the time a plumbing permit is issued for the work. This will
ensure that plumbers request the proper inspections when connection is finally made to
the new system.
Staff recommends the adoption of the amendment requiring a $250.00 refundable deposit
for all future water and sewer line permits.
A motion was made by Council Member Bertini, seconded by Council Member May, to
accept Ordinance No. 1658 on the first reading as eXplained by the Public Works
Director.
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City Council Regular Ses~lVn, October 23,2000
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Ordinance abandoning portion of street right of way.
Matters related to the first and final reading of Ordinance No. 1659.
Mayor Lewis read the caption of Ordinance No. 1659 as follows:
An ordinance abandoning a portion of a street right of way; authorizing a quitclaim deed;
containing findings and provisions relating to the subject; and declaring an emergency.
Copies of Ordinance No. 1659, in the form proposed for adoption, were available in the
Council Chambers.
Mr. Menville reported that for some time staff has been aware of a triangular piece of
City ROW that is at the southwest corner of Auden and University. To the south of this
tract is a lot and residence in the City of Southside Place. The tract is not large enough to
be a useable piece of land. It is the opinion of the appraiser and staff that the only use for
this site is to be used in conjunction with the adjoining lot at 6310 Auden owned by
Renato Pereira. At the Council meeting of August 28, 2000, value of the land was
established at $14,440.00.
In addition to abandoning the ROWand quitclaiming to Mr. Pereira, it was agreed that
the city limit line could also be reestablished at one foot behind the existing sidewalk
located parallel to University Boulevard. Changing the city limit line as indicated would
place this parcel of land in the City of Southside Place along with the rest of Mr. Pereria
property.
Mr. Pereira has submitted checks in the full amount of the sales price.
Staff recommends adoption of Ordinance No. 1659 abandoning ROW abutting 6310
Auden and authorizing a quit-claim deed.
A motion was made by Council Member Ballanfant, seconded by Council Member May,
to adopt Ordinance No. 1659 on the first and final reading.
A vote was taken on the motion with the following result:
V oting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
6
City Council Regular Ses~,un, October 23, 2000
Absent: None
Ordinance calling joint public hearing.
Matters related to the first and final reading of Ordinance No. 1660.
Mayor Lewis read the caption of Ordinance No. 1660 as follows:
An ordinance calling a joint public hearing on a proposal to amend the zoning ordinance
and subdivision ordinance of the City of West University Place, Texas; prescribing
procedures and notices; containing findings and provisions relating to the subject; and
declaring an emergency.
Copies of Ordinance No. 1660, in the form proposed for adoption, were available in the
Council Chambers.
Members of the Zoning and Planning Commission spoke regarding the proposed
amendments. Included in the amendments is the adoption of a new zoning map, which is
hanging on the wall in the Bill Watson Conference Room.
A motion was made by Council Member Ballanfant, seconded by Council Member May,
to adopt Ordinance No. 1660 calling a public hearing for November 27,2000 but
excluding consideration of the item on the framed area from the meeting.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
TxDOT advance funding agreement.
Matters related to an Advance Funding Agreement for the City's Center Pedestrian
Enhancement Project funded under the Statewide Transportation Enhancement Program.
Mr. Yehl reported that on July 26, 1999, the City Council adopted Resolution 99-13
nominating a transportation enhancement project for federal funding and authorizing the
filing of a project nomination with TxDOT. On January 28, 2000 the City was notified
that the nomination was accepted for funding. This project will provide pedestrian and
streets cape improvements to the City's Town Center area.
TxDOT has prepared a standard agreement for Advance Funding, which commits the
City to the project. Should the City withdraw from the project after the agreement is
executed, the City is responsible for all direct and general/administrative indirect project
costs. While the scope of work was originally identified in the 1999 STEP nomination
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f'l.f'\liofIlO
City Council Regular Ses,,",vn, October 23, 2000
form, the agreement and scope may be amended to reflect the final project conceptual
design. While the City has primary responsibility for providing architectural and
engineering services, the State handles the bidding and administers the contract for
construction. The State also has development and design review responsibilities for
which the City will pay the State $18,025.
Total funds provided by the State through the Intermodal Surface Transportation and
Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century
(TEA-21) is $862,080. The City is required to provide a 20% match in the amount of
$215,520 for a total project cost of $1,077,600. Funding for the City's portion has been
provided from the general fund balance as part of the 2001 budget.
A motion was made by Council Member Grubb, seconded by Council Member Bertini, to
authorize the City Manager to execute the Advance Funding Agreement with TxDOT.
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
Street classification map.
Matters related to the adoption of the City's Street Classification Map _ 2000.
Mr. Menville reported that a Traffic Task Force subcommittee was formed to study the
feasibility of establishing a street classification system for the City. The Street
Classification - 2000 map was finally adopted by the Traffic Task Force and formally
presented and endorsed by Council at their regular meeting of August 28,2000.
The street classification map is one of the basic tools used by municipal traffic
management personnel in dealing with various traffic control measures. The most
common application of such a map is to aid in the establishment of traffic movement
rights of way as in the placement of stop signs, yield signs and parking restrictions. It also
aids in the assessment of appropriate speed limits on certain streets. The map identifies
those traffic routes most commonly used by citizens and others in getting from point A to
point B.
A motion was made by Council Member May, seconded by Council Member Bertini, to
adopt the West University Place Street Classification Map - 2000.
8
City Council Regular Ses,,",vn, October 23, 2000
A vote was taken on the motion with the following result:
Voting Aye:
Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
None
None
Voting Nay:
Absent:
City Council minutes.
Matters related to the minutes of the Special and Regular Sessions conducted on October
9, 2000.
A motion was made by Council Member Bertini, seconded by Council Member May, 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
None
None
Voting Nay:
Absent:
Council comments.
Council Member Bertini commented that early voting would continue through November
3,2000.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Ballanfant, seconded by Council Member Bertini, to adjourn. The
Regular Session adjourned at 9:30 p.m.
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