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HomeMy WebLinkAbout032309R CC Min0 The City of West University Place A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, COUnCilmember Phyllis Cohen, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager A] an Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES City Council of the City of West University Place, Texas, met in special session Monday, March 23, 2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at 6:00 p.m. to consider the following: Council and staff in attendance: Mayor Kelly, Mayor Pro Tem Fry, Councilmembers Guffey and Cohen, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Parks Board Chair Schulze, Parks and Recreation Director O'Connor, Chief of Police Walker, ACM/Public Works Director Peifer, and Jeff Gerber, Pierce Goodwin Alexander & Linville. WORKSHOP: Mayor Kelly called the special meeting to order at 6:00 p.m. in the Council Conference Room. Agenda item were as follows: CALL TO ORDER 1. Emergency Backup Power for Municipal Facilities Matters related to the City's generators. Assistant City Manager/Public Works Director Peifer and General Services Superintendent Beach presented this item. Mr. Peifer explained that bids for four generators came in over budget, which staff had considered and so included in the bids deducts for us to supply the heavy equipment, generators, tanks, and automatic transfer switches. Mr. Peifer said in order to expedite the purchase of the generators, it is being recommended that Council authorize staff to purchase the generators, the automatic transfer switches and corresponding double wall tanks, from a compliant collective purchasing group, H-GAC or Buy-Board, so that we have a lead time for delivery in June rather than July or August. He said staff will come back to Council in two weeks with the lesser contract after removing deducts costs. Mr. Peifer asked that Council review and approve staff's plan as presented so staff can deviate from the Code in regards to the installation of emergency power backups which are critical to our facilities. Mayor Pro Tern Fry moved to accept the Municipal facilities emergency backup generator project as presented with the known deviations to the City's zoning code and authorize the City Manager to purchase generators and automatic transfer switches in the amount not to exceed $320,000 and to take other action necessary to implement the intent of City Council regarding the purchase and installation of the generators. Councilmember Cohen seconded. MOTION PASSED. Ayes: Kelly, Fry, Guffey, and Cohen Noes: None Absent: None City Council Minutes, March 23, 2009 2. Recreation Facilities Matters related to the City's recreational facilities. City manager Michael Ross, Jeff Gerber with Pierce Goodwin Alexander & Linville (PGAL), Parks Board Russ Schulze, and Recreation Manager Brittany Bakes presented this item and went over the two options with the primary difference in the two being how the deep end and shallow end will be configured across the pool. Option A has an east/west shallow to deep and Option B has south/north shallow to deep. City Manager Ross said the options were discussed at the Parks Board meeting and he felt that the consensus of the Board was that Option B addressed the needs of the many user groups and said staff is recommending Option B to Council for approval. After discussing and viewing a "usage worst case scenario" PowerPoint presentation by Brittany Bakes on proposed ways to include all the users in the pool at one time per Option B, as well as discussion regarding the proposed 3 ft-flinches in the shallow part rather than having 4 feet, it was the consensus to go with 4 feet. Mayor Pro Tem Fry moved to approve Option B and a 4-feet shallow end. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Guffey, and Cohen Noes: None Absent: None With no other items for action/discussion, Councilmember Guffey moved to adjourn the Workshop at 6:31 n.m. Councilmember Cohen seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Guffey, and Cohen Noes: None Absent: None REGULAR MEETING: Mayor Kelly called the regular meeting to order at approximately 6:40 p.m. in the Council Chambers. Agenda items were as follows: Pledge of Allegiance led by Mayor Kelly Pledge to the Texas Flag led by Councilmember Chuck Guffey Notice: Matters related to the notice of this meeting. City Secretary Lenz confirmed that the notice of this meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 3. Public Comments This is an opportunity for citizens to speak to Council relating to agenda or non-agenda items. Speakers are required to address Council at the microphone and give their name and address before addressing their concerns. [Note: State law will not permit the City Council to fully discuss, debate, or consider items that are not on the agenda. Items that cannot be referred to the City Staff for action may be placed on the agenda of a future City Council meeting.] Arthur L. Hirdler, 6416 Community Drive, summarized a letter he sent to Council dated March 23, 2009, regarding street light distance fraud/incompetence and installation of a street light at his preferred location. He requested that this topic be placed on the next city council agenda and requested that the installed black pole be removed and a street light, preferably with a green pole, City Council Minutes, March 23, 2009 be installed at his preferred location - 6 feet or less north of the driveway on the northwest corner of Community Drive at Byron resulting in associated street light distance of only about 224 feet. He provided City Secretary Lenz with a copy of the letter for her records and copies for City Council. Frank Griffin, 2807 Plumb Street, spoke about swimming pools, specifically Colonial park Pool. He said he appreciates all those that spent many months analyzing user input in developing design options, but thinks that the two pools should be considered together. He said he thinks the fitness pool as approved is undersized given the many activities planned for that location, including those being eliminated from the Colonial Pool; but, his greater concern is the apparent plan to deliberately renovate the Colonial Pool in a way to consciously prevent it from being usable for swim lanes, which would destroy the flexibility and multi-use capability that have served residents well in the past. Mr. Griffin asked Council to back off the rapid design pace and give the architect a chance to evaluate other alternatives for the fitness pool. Marco Rasi, 4126 Villanova, spoke regarding swimming lanes at Colonial. He said he is pleased to see the teamwork over the past several months, but is concerned about the rumors that there are no plans to have swimming lanes at Colonial. He said he is concerned because the facilities are going to last for decades and he thinks it is very important to maintain flexibility with the facilities and thinks that all the stakeholders (families, swimmers, swim coaches, lap swimmers, aqua-runners) in the facility would favor swimming lanes at Colonial and suggested that Council take this under serious consideration. Wendy Keitel, 4204 Oberlin, spoke to say that she and her family have utilized Colonial Pool for many years and she endorses the previous comments expressing concerns that certain functionalities will be removed from the swimming pools in West University. She said it would be ironic and a shame that after we build two pools, we would have less functionality. 4. Public Hearings will be held to hear from parties in interest and citizens concerning a proposed amendment to the zoning ordinance related to Driveway Stubs and a proposed amendment to the zoning ordinance related to Fences, Visibility, and Emergency Access. In attendance for the Zoning and Planning Commission were: Steve Brown, Mac McManus, Dick Yehle, Allan Elkowitz, Selby Clark, and Bruce W. Frankel. Staff members in attendance were City Planner Debbie Scarcella and Planning Assistant Sallye Clark. The first Public Hearing to hear comments for or against the proposed ordinance amendment relating to driveway stubs opened at 6:58 p.m. ZPC Chair Steve Brown provided information regarding the process, City Secretary Lenz confirmed that proper notice of the hearing was given to the residents, and City Planner Debbie Scarcella provided information on what yards or setbacks are. Ms. Scarcella provided a PowerPoint presentation for visual understanding and explained that the purpose of the proposal is to improve traffic safety while still preserving the character of front yards by keeping as much green space as possible. Currently, the general rule requires all parking areas and maneuvering areas (including dead end or stub driveways) to be behind the principal building or surrounded by opaque fences or walls at least six feet in height. The rule specifically prohibits all such areas in front yards. Recently, there was a request to allow a paved turnaround area to be built in the front yard. The Zoning Board of Adjustment (ZBA) deferred action on the request, reasoning that: (1) there are about 52 building sites abutting Buffalo Speedway that have the same access problem, so (2) if action is warranted, it would be better to amend the ordinance to address all City Council Minutes, March 23, 2009 the sites at once and asked that the Zoning and Planning Commission consider such an amendment, which they did, and formulated this proposal. Ms. Scarcella stated the main points of the proposal: (1) that it applies to sites that are only accessible from a roadway marked for four lanes or more, which are the major thoroughfares (Kirby, Bellaire/Holcombe or Bissonnet, plus Buffalo Speedway); (2) that it would allow the stub driveways in the front yard only to the extent that other structures or existing obstructions (such as trees, existing buildings, etc.) make another location impractical; (3) that it limits on the size, design and location of the stubs; and (4) that it requires the use of pervious pavement with a minimum pervious area of 50% planted to resemble a lawn. Chair Brown called on those from the public that signed up to speak. Natalie Faust, 5520 Auden, asked how she could get her street on this proposal. Chair Brown responded that this proposal only addresses Kirby, Bissonnet, Bellaire, and Buffalo Speedway. David Allums, 3715 Rice Boulevard, said his daughter lives at 5615 Buffalo Speedway and said he is in favor of the proposal. Carlin Morstead, 5616 Buffalo Speedway, spoke in favor of the proposal. Mary Ellen Wolf, 6404 Buffalo Speedway, spoke in favor of the proposal because her family has three cars right now and there is no way they can park all the cars in the garage and so they are parking on Duke as are several other people; or, they are parking on side streets, which causes needless annoyances. Steven Segal, 2901 Sunset, and member of the Zoning Board of Adjustment, spoke in favor of the proposal and requested that three additional items be considered that may require clarification in this proposal: (1) require prior approval of the board official; (2) consider the two feet; and (3) no parking on the stub. Belma de Berardinis, 5708 Buffalo Speedway, spoke to say this proposal would not solve her problem. Commissioner Yehle moved to close the ZPC public hearing at 7:21 p.m. Bruce Frankel seconded the motion. With all present ZPC members in favor, MOTION PASSED. Mayor Pro Tem Fry moved to open the Public Hearing for City Council at 7:21 p.m. Councilmember Cohen seconded the motion. With all present members of Council in favor, MOTION PASSED. In response to one of Mr. Segal's suggestions, Councilmember Cohen stated she doesn't think we should institute a system where each driveway has to be subject to somebody on the board's approval and thinks that the rule should be set so that people can have certainty as to what the rule is and what they are entitled to do with their properties. She urged the ZPC not to make any recommendation in that area. She also stated that we should not limit parking on a driveway area and we should expect that people will park there. Mayor Kelly stated that he agrees with Mr. Segal's suggestion not to allow parking on the stub, because he understands the vision to be so that you don't have back out into the street, not for City Council Minutes, March 23, 2009 it to be an additional parking area. He said he objects because it would look like people are just parking in their yards. Commissioner Yehle stated that, thinking of Buffalo Speedway, there are some 50 or 70 foot wide lots and this is what the proposal applies to; but, there are other lots that are wider and many of those have circular driveways and there is no similar ban of parking in a circular driveway and so you will be creating a class of people by addressing parking on the stub driveway. At 7:24 p.m., Councilmember Cohen moved to close the City Council Public Hearing. Mayor Pro Tern Fry seconded the motion. With all present members of Council in favor, MOTION PASSED. At 7:25 p.m., Mayor Pro Tern Fry moved to open the second public hearing for City Council to hear comments for or against the proposed ordinance amendment relating to fences, visibility, and emergency access. Councilmember Guffey seconded the motion. With all present members of Council in favor, MOTION PASSED. At 7:25 p.m., Commissioner Yehle moved to open the second public hearing for the Zoning and Planning Commission to hear comments on the proposal relating to fences, visibility, and emergency access. Commissioner Clark seconded the motion. With all members of the ZPC in favor, MOTION PASSED. City Secretary Thelma Lenz confirmed that this hearing was properly noticed. City Planner Scarcella provided background information on this proposal and provided a PowerPoint presentation. Ms. Scarcella stated that the existing ordinances restrict fences, trees and other obstructions in so-called "visibility triangles." There are two types of visibility triangles. The larger type (with 20-foot sides) is located where two streets intersect. The smaller type (with five-foot sides) is located where a driveway and a sidewalk intersect. The restrictions for each type are different, and they are found in different ordinances. This proposal consolidates the rules for both types into Chapter 82 of the Code of Ordinances, and it harmonizes them. The proposal defines a new "front yard visibility area" and restricts "fence-like hedges" (anything above 4 feet and below 8 feet that are grown together where the branches are intermingled) in that area. Currently, the ordinance doesn't prohibit these types of obstructions or plantings in any front yards. The proposal allows for a two-year grace period for these types of existing obstructions. Regarding the emergency access amendments, there will be requirements to allow two emergency portals in fences, walls and other obstructions, one normally on each side of the building. Emergency portals could be: (1) gates or doors with key boxes allowed by the International Fire Code, or (2) breachable gates or fence segments (usually wood or wrought iron). This proposal maintains some access to utility easements where they intersect streets by requiring one such portal in the easement area (this would most often apply at the rear of a corner lot). City Council Minutes, March 23, 2009 The proposal establishes a five-year grace period for these types of existing obstructions At this time Chair Brown called on those from the public that signed up to speak. Pat Kramberg, 2910 Sunset Boulevard, spoke to say she doesn't think the City needs to think of ways to take out vegetation and said she is worried whether her 30 year old azaleas will have to be removed or if she will be grandfathered in. She said she thinks it is a shame to take out beauty and replace it with concrete and thinks Council should forget about this proposal. Robin Lindley, 2927 University, spoke against the proposal and the creation of a third visibility area that is completely unrelated to any traffic safety issues of the City. He said the hedges at his home that would have to be removed if this proposal passes have been there for at least 40 years. He said the City should not be in the business of legislating landscaping tastes, because part of the charm in the City is the difference in character of the homes and this ordinance will change a lot of that. He asked that Council not approve the proposal, but if they must, make the requirement at least 6 foot and make it so that any part of a continuous hedge that is leveled is in conformance. Janet Lindley, 2927 University, supports her husband's comments and would like the right to keep her privacy hedge. Thinks the proposal is a very poor idea. Sylvia Knudson, 4119 Byron, signed up but was not present to speak. Alida Drews, 6112 Fordham, provided a couple comment cards regarding the subject. Her written comments were (1) "If you can't see around the corner to see traffic coming, reduce the hedge!" (2) "The City allowed neighbor to build 2-story where garage was located. Now neighbor's window overlooks my deck and hot tub! Tall hedge might help" and (3) In a true emergency use bolt cutters! The meter readers get in the backyard without special gate." Councilmember Cohen commented that she is sympathetic to Pat Kramberg's concern and doesn't think that the concerns the committee was addressing was intended to have her remove her azaleas and urged the committee to see if there is a way to address what needs to be addressed without doing violence to the concerns of the speakers. Mayor Pro Tern Fry stated that public hearings are held for the reason of obtaining this information and knows that the Zoning and Planning Commission will take all concerns into consideration. Chair Brown said he thinks he speaks on behalf of ZPC when he says the Commission's biggest concern is where a purchases the lot behind him/her and makes it into his backyard, which is the front yard for everybody else on the street. He said this is the problem that the Commission most sought to address with this proposal and said they have heard the comments and they will take them to heart. At 7:54 p.m. Commissioner Yehle moved that all statements, exhibits, and documents be made part of the official record of this hearing and that the public hearing be formally closed. Bruce Frankel seconded the motion. With all present ZPC members in favor, MOTION PASSED. City Council Minutes, March 23, 2009 At 7:24 p.m., Mayor Pro Tern Fry moved Councilmember Guffey seconded the motion. MOTION PASSED. to close the City Council Public Hearing. With all present members of Council in favor, 5. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. City Council Minutes Approve City Council meeting minutes of March 9, 2009. B. Wakeforest Water Treatment Plant Rehabilitation Matters related to the bid for the elevated and ground storage tank coating of the Wakeforest Water Treatment Plant. Mayor Pro Tern Fry moved to approve the Consent Agenda. Councilmember Cohen seconded the motion. Ayes: Kelly, Fry, Guffey, and Cohen Noes: None Absent: None 6. Executive Session (if necessary) Council reserves the right to at any time during the session convene in a closed session pursuant to Chapter 551 of the Texas Government Code, for reasons including but not limited to: Section 551.071 (consultation with legal counsel to seek or receive legal advice or consultation regarding pending or contemplated litigation); Section 551.072 (discussion about the value or transfer of real property and other real estate matters; Section 551.074 (personnel matters); 551.076 (deliberation about security devices); Section 551.087 (deliberation regarding economic development). 7. Convene into Open Session Not applicable. 8. Adjournment Councilmember Cohen moved to adjourn the regular meeting 7:55 p.m. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Guffey, and Cohen Noes: None Absent: None ! ) Prepared by: A. Lenz, Date Approved: 41),!4 "i I O~ BEST ~p~~~ 1`. CJ