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HomeMy WebLinkAbout121409R CC Min0 The City of West University Place A Neighborhood City CITY COUNCIL STAFF Bob Kelly, Mayor Michael Ross, City Manager Bob Fry, Councilmember Alan Petrov, City Attorney George Boehme, Councilmember Thelma Lenz, City Secretary Steven Segal. Councilmember Chuck Gulley, Councilmember CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in a special workshop and regular session Monday, December 14, 2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:30 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 5:30 p.m. Also in attendance were: Mayor Pro Tem Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross (arrived at 5:38 p.m.), City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, and the City's Commercial Real Estate Broker Marshall Clinkscales. 1. Real Estate Matters related to 1.0874 acres on Westpark, between Wakeforest Street and Dincans Street. . Discussion on real estate matters was held in closed executive session in accordance with Section 551.072 in Chapter 551 of the Texas Government Code (discussion about the value or transfer of real property and other real estate matters). At 5:32 p.m., Mayor Kelly closed the open meeting and convened into executive session. Due to a conflict of interest, Councilmember Segal abstained from discussion of this item and left the room. At 6:05 p.m., Mayor Pro Tern Fry moved to close the executive session and reconvene into open session. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey Noes: None Absent: Segal No action taken. Councilmember Segal returned to the room. 2. Consultation with Attorney Matters related to consultation with attorney concerning the Texas Workforce Commission. . Consultation with attorney was held in closed executive session in accordance with Section 551.071 in Chapter 551 of the Texas Government Code (consultation with legal counsel to seek or receive legal advice or consultation regarding pending or contemplated litigation). City Council Minutes, December 14, 2009 Mayor Kelly reconvened Council into closed session at 6:06 p.m. In attendance during this closed session were: Mayor Kelly, Mayor Pro Tenn Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Legal Counsel Bickley, Police Chief Walker, and Human Resources Director Standorf. At 6:30 p.m., Councilmember Segal moved to close the executive session and reconvene into open session. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None With no action taken, Mayor Pro Tern Fry moved to close the workshop special meeting at 6:34 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Adjourned REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows: Mayor Kelly called the regular meeting to order at approximately 6:37 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, Finance Director Daugherty, Parks and Recreation Director O'Connor, General Services Superintendent Beach, and Police Chief Walker. Councilmember Segal led the Pledge of Allegiance and the Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the special 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 and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Jeff Raizner, 4141 Tennyson, came forward to speak on the proposed amendment regarding fence hedges. City Attorney Petrov instructed Mr. Raizner to hold his comments relating to this topic and comment during the Public Hearing related to the topic. 4. Consent Agenda All Consent Agenda items listed by one motion. There will be requests in which event the item normal sequence on the agenda. are considered to be routine by the City Council and will be enacted no separate discussion of these items unless a Council member will be removed from the Consent Agenda and considered in its A. City Council Minutes City Council Minutes, December 14, 2009 Approve City Council meeting minutes of December 7, 2009. B. Fee Schedule Matters related to the City of West University Place fee schedule for solid waste including consideration of an ordinance approving the fees on second and final reading. Councilmember Segal moved to approve the Consent Agenda as presented, with the amendments to the Minutes received prior to the meeting. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 5. Joint Public Hearing with Zoning and Planning Commission Matters related to a joint public hearing of the City of West University Place City Council and the Zoning and Planning Commission to hear from parties in interest and citizens concerning a proposed amendment to the Chapter 18 of the Zoning Ordinance relating to fences and fence-like hedges. Zoning and Planning Commission Chair Brown called the meeting of the Zoning and Planning Commission to order at 6:42 p.m. Commissioners Yehle, DeStefano, Higley, Frankel, and Griffith were present. Commissioner Parikh was absent. Chair Brown opened the public hearing at 6:45 p.m., and confirmed with City Secretary Lenz that the notice was properly given. Mayor Kelly opened the public hearing on behalf of the City Council at 6:45 p.m. City Planner Scarcella presented background on the proposed ordinance amendment and showed a slide presentation to explain and describe the purposes of the proposal. A copy of the slide presentation, which provides the outline of discussion, is attached as Attachment "A". After the presentation by Ms. Scarcella, Chair Brown opened the floor for public comments. Jeff Raizner, 4141 Tennyson, spoke to say his property is either the only one, or one of very few, that is targeted by this amendment. He said his hedge was in existence when he bought the lot and, therefore, he requests a full and complete grandfathering provision to the ordinance that would permit his structure to stay in place indefinitely. Mr. Raizner said having to remove the hedges would cost him tremendously from both family and financial standpoints. He said it would cost him approximately $50,000 to remove the hedges. Mr. Raizner said his concern is that this ordinance is simply being introduced because people don't like how the hedges look and not because of a health or safety purpose. He said he thinks, also, that the ordinance is inconsistent with other statues and ordinances that mandate and require the preservation of trees and shrubbery. He said, in its entirety this statute is a bad idea and again requested a full grandfathering provision. Nelson Harbison, 6700 Belmont, distributed a list of questions to Council and reviewed those questions, which are attached hereto as Attachment "B". He said he will be back at the January meeting and plans to find out how many people will be affected by this ordinance. Tom Murphy, 2921 Carnegie Street, spoke to ask for clarification whether the proposed ordinance addresses only visibility triangles. Chair Brown explained that there are three aspects to the proposal, City Council Minutes, December 14, 2009 one having to do with the firefighters and police being able to get through masonry fences if necessary; one having to do with recasting and better organizing existing ordinances regarding visibility triangles, and one having to do with fence-like hedges in the front of yards. There were no other public comments. There were no comments from the Zoning and Planning Commission members. Councilmember Boehme said he agrees with the improvement to emergency access and simplifying and harmonizing the ordinance as it relates to visibility triangles, but doesn't understand the need for the provision having to do with fence-like hedges. He said this issue has not been brought forth by citizen complaints or city staff and to him this is a solution that has not yet found a real problem. He said the idea that we would tell residents that have legally planted things in total compliance with the law that we will not grandfather them in is offensive to him. Councilmember Boehme said he thinks we need to look at the visibility triangle laws, specifically the approach at the corners. He said the property at the corner of Academy and University complies with the visibility laws, but in his view it is unsafe and is a legitimate public safety issue. Councilmember Boehme said he is pretty active in the community and, other than the Zoning and Planning Commission, he has not heard from one citizen that there is a problem with fence-like hedges. Councilmember Segal said he suggests that the Zoning and Planning Commission look at a permanent grandfather of existing violations that were legal to begin with. He also said that the effective date should be earlier, going back to the time when the public was given notice that this issue would be addressed. Councilmember Segal said he believes it is important to reorganize the ordinances, but what is being totally escaped is that the driveway visibility triangle is not enforced and he wants staff to know that Council wants enforcement of that safety issue. He said he would be happy to identify the violations and supply the list to staff. Councilmember Guffey said he finds the complaints about $50,000 a little hard to believe because all you have to do is trim the hedges back to 5 feet, which he doesn't think is unreasonable. He also said we would like to grandfather this, but seems like common sense should tell you that you shouldn't have a fence all the way to street blocking your neighbor's view. Mayor Kelly said he has also heard some complaints. He said he applauds the Zoning and Planning Commission for reviewing this. He said if it looks like a fence, smells like a fence, and acts like a fence, then it's a fence. He said he thinks the grandfather argument is valid and needs to be looked at and discussed with the City attorney. He said he is a strong proponent of zoning laws and strong proponent of what the Commission is doing and he doesn't want to discourage them. Councilmember Boehme said he wanted to make it clear that when we speak of the visibility triangle issues, he is for strict compliance. He said he finds it backwards that we are passing some new laws having to do with visibility when we are not enforcing the laws that we have in place, which are the ones that speak to public safety. He further said he doesn't have a problem with the language being proposed provided we grandfather the existing legal uses. At 7:29 p.m., Commissioner Yehl moved that all statements, exhibits, and documents be made a part of the official record of this hearing and that this public hearing be formally closed. Commissioner Frankel seconded the motion. MOTION PASSED. City Council Minutes, December 14, 2009 Ayes: Brown, Yehle, DeStefano, Higley, Frankel, and Griffith Noes: None Absent: Sam Parikh At 7:30 p.m., Mayor Pro Tern Fry moved for the City Council to close the public hearing. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 6. Ordinance Calling Joint Public Hearing Consideration of and possible action on an ordinance of the City Council of the City of West University Place, Texas, calling for a joint public hearing to hear comments for or against rezoning of the property located at the southwest corner of Tangley Road and Kirby Drive from PDD TH-2 to commercial; prescribing procedures and notices; containing findings and other provisions relating to the subject; and declaring an emergency. City Planner Scarcella presented and stated that that the current property owner at the building site located at 5800 Kirby Drive, currently occupied by Shipley's Donuts, has filed a rezoning application to amend the zoning ordinance to change the property use from a PDD TH-2 to commercial. Ms. Scarcella said because of the current layout of the building, the owner would like to tear down the structure and build a new one, but in doing so he would lose his prior non-conformance status for use and would be required to be rebuild as a townhome, which the owner doesn't seem to think is economically viable at this time. Councilmember Boehme moved to approve the ordinance calling for the joint public hearing. Mayor Pro Tem Fry seconded the motion. Councilmember Boehme asked, and Ms. Scarcella confirmed, that if this zoning change is granted, the proposed building would be fully compliant with all West U ordinances. Councilmember Segal confirmed with Ms. Scarcella that the public hearing and any action taken would only affect that property currently occupied by Shipley's and that the rest of the block would remain townhomes until other action is taken. Ms. Scarcella said one of the things staff looked at was that the Shipley's property is barely meeting the minimum and it's the bigger piece of property. She said the concern is that the other properties wouldn't be viable candidates for redevelopment. Councilmember Boehme pointed out that the other properties retain more development rights under the prior non-conformance status and so they may not want to be rezoned anyway. Chair Brown asked that the motion to approve the ordinance calling the public hearing include the date of the public hearing, which is January 25, 2010 with an alternate date of February 8, 2010. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None City Council Minutes, December 14, 2009 7. Tri-Sports Memorandum of Understandinn Matters related to the 2010-2011 Memorandum of Understanding between the City of West University Place and Tri-Sports. Parks and Recreation Director O'Connor presented and explained that on September 14, 2009, Council approved a Memorandum of Understanding for the period beginning October 1, 2009 through December 31, 2009. He said normally the MOU is for a full 12-month period from October 1 through September 30 of the subsequent year. Mr. O'Connor stated that the terms of the proposed MOU have not changed, with the exception of the effective dates, as well as the understanding the public address system portion of the General Conditions portion of the permit need to be struck until the matter is properly vetted. He said it was inadvertently left in when it was forwarded to administration. Mr. O'Connor said both parties feel that the MOU needs to be renewed to allow for all other aspects of the MOU to be current. Mr. O'Connor also noted that this MOU, with the excepted paragraph aforementioned, is only required for the period beginning January 1, 2010 through February 28, 2010. He said staff anticipates having, at the February 22, 2010 Council meeting, an MOU with a defined financial commitment for the period beginning March 1, 2010 through September 30, 2010. Mr. O'Connor said staff is recommending that Council authorize the City Manager to direct him to execute the proposed Memorandum of Understanding between the City of West University Place, Texas, and the West University Place Tri-Sports association, with the understanding that the Public Address System portion of the General Conditions portion of the permit be struck until the matter is properly vetted. Councilmember Boehme moved to approve the Memorandum of Understanding between the City and Tri-Sports, with the suggested amendment from the Parks and Recreation Director. Councilmember Segal seconded the motion, but asked that it include a change not carried over from a previous meeting. At that meeting, Attorney Josh Golden added "attached hereto and made a part hereof" on page 1 of the Memorandum, after "all program activities must be covered by the liability required by Appendix A". Councilmember Boehme accepted that amendment and Mayor Kelly seconded the amendment. Councilmember Segal said he was confused by the last paragraph of the Public Address System. He said it states that "the volume of the Public Address System must be maintained at a level that ensures the sound is audible of 100 feet or less" and said he would like staff to review that paragraph when that portion of the MOU is addressed. Councilmember Segal also said that the facility of the West University field has been added since the first MOU, and asked what is the City's relationship to the fields at West U that allow us to authorize. Tri-Sports to use it. City Manager Ross said we have a Tri-Party agreement between the City, H.I.S.D. and Tri-Sports that allows for that usage by Tri-Sports of those fields. At this time, a vote was made to the motion as amended. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None City Council Minutes, December 14, 2009 8. Ordinance Amending the 2009 Budget Matters related to an ordinance amending the 2009 Budget for the City of West University Place, Texas, for the fiscal year beginning January 1, 2009 and ending December 31, 2009; containing findings and provisions relating to the subject; and declaring an emergency. Finance Director Rhonda Daugherty presented and stated that in an effort to maintain overall total General Fund appropriations, this ordinance amends the 2009 Budget by taking the savings identified in some departments and allocating those savings to departments that exceeded their appropriations. She pointed out that most savings were from personnel vacancies. City Manager Ross noted that there is a net savings and that we're coming in under budget this year. Mayor Pro Tern Fry moved to approve the ordinance amending the 2009 Budget as presented. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 9. Construction Manager for the Public Safety Facilities Improvements Matters related to the selection of a construction manager for the public safety facilities improvements. City manager Ross presented and stated that Tellepsen ranked the highest in the bidding process and was selected by the panel and staff for recommendation to City Council. City Manager Ross also noted that staff will bring back Tellepsen's Construction Phase services contract for City Council's consideration after the completion of design in January of 2010. Mayor Pro Tern Fry moved to select Tellepsen as the City's Construction Manager and to authorize the City Manager to execute a contract with Tellepsen in the amount of $8,000 for the Preconstruction Phase services on the project. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 10. City Center Redevelopment Committee Matters related to the redevelopment of the Town Center, including discussion regarding the appointment of members to an Ad Hoc Committee. Councilmember Boehme announced that it was originally thought that he would have a conflict of interest on this issue, but with after discussing with the City Attorney, it was determined there is no conflict with respect to appointing a committee. Councilmember Segal suggested that this be opened up to an interview process like was done when appointing board and commission members, which would allow members of Council to contact people and ask them to contact the City Secretary and provide her with their information if they are interested in serving on this committee. Mayor Pro Tern Fry suggested that a chair of the committee be chosen in order for that person to be involved in the selection of the committee. City Council Minutes, December 14, 2009 Councilmember Segal said he would like to see the names of applicants before a chair is discussed, rather than appoint a chair at this meeting. After a brief discussion as to the possible number that will serve on the committee, it was decided that the process will be for staff to solicit applications from residents via the website and other means and then Council will review the applicants and schedule interviews during the first or second meeting in January. 11. Reports A. Matters related to a report by the Recycling Board regarding green waste collection and community composting. Mr. John Wilkinson, Vice Chair of the Recycling Board, spoke to say that a previous meeting there was a proposal to reuse the City's yard waste for the purpose of mulch and fertilizer versus it going to the landfill. He stated that the benefit would be the City not having to pay the $35 a ton landfill cost that the City currently pays. He said the secondary benefit would be reducing greenhouse gases and reusing materials as recommended by the EPA. Mr. Wilkinson said the Board is recommending at this time that the City defer the restart of the curbside yard waste pick-up so that it could be put into a more comprehensive recycling strategy. He said with respect to composting within the City, the Board is recommending that the City does not start a community compost facility, which is based on their extensive discussions with Rice University which does its own composting. Mr. Wilkinson said the bottom line is that it is a labor intensive process, which would involve additional labor cost for the City and it also utilizes quite a bit of land to keep all the compost piles in various states of maturity. Mr. Wilkinson further stated that in the past (2007-2008), West U recycling revenue offset the landfill costs at $160,000 - $190,000 per year; but, in 2009, while the revenue is still there, the quantity prices are much lower so the City is not able to fully offset the landfill costs with recycling revenue. Mr. Wilkinson proposes that the Board continues to review ways to mitigate expenses as part of a long-term strategy, including increasing the rate of recycling, looking at ways to avoid long hauling costs, partnering with other municipalities, collecting once a week versus twice a week, and going to an automated system. Mr. Wilkinson said the Board proposes having workshops in the first quarter of 2010 and coming back to Council in the second quarter of 2010 with a three or four year plan that has been more fully vetted between the Board and City staff. B. Matters related to issues regarding METRO. Mayor Bob Kelly Mayor Kelly reported on an article written by the outgoing chairman of Metro in which he commented that he believed that it was a big mistake for Metro to ever agree to give any portion of the 1 percent sales tax back to the cities. Mayor Kelly said city mayors will be meeting to discuss ramifications and options and said as soon as the new mayor of Houston, Mayor Parker, announces her appointment to METRO, he recommends meeting with that person as soon as possible. With no other business before Council, Mayor Pro Tern Fry moved to adjourn the regular meeting at 8:15 p.m. Councilmember Segal seconded the motion. MOTION PASSED. City Council Minutes, December 14, 2009 Ayes: Kelly, Fry, Boehme, Segal, Guffey m Noes: None bsent: None City Date Approved: v (t 6 / O City Council Minutes, December 14, 2009 Attachment "A" Proposal: Fences, etc. STREET VLSIBR.ITY i r TIDAVGLES(20 Fe ) ~J 4-.+ ara DRIIVEWAY VLSTRILrrV TRIAVGLES(S@M) Proposal : Fences, etc. Purposes of proposal.' ► Enhance public safety ► Protect visibility and "streetscapes" ► Allow emergency access to all sides of buildings VH' Joint Public Hearing March 23, 2009 2 City Council Minutes, December 14, 2009 Proposal : Fences, etc. Emergency access amendments: ~ Requires two emergency portals" ---through fences, walls, obstructions ---one on each side ofa building o Emergency portals can be Gates or doors with key boxes per iFC ❖ Breathable gates or fence segments (wood or wrought iron) v Requires one portal where easement area is adjacent to street area r Establishes a five-year grace period for existing obstructions ill 1-i" W- 12, ~ii Proposal : Fences, etc. Joint Public Hearing March 23, 2009 3 City Council Minutes, December 14, 2009 Proposal: Fences, etc. Breachable Key box Joint Public Hearing March 23, 2009 City Council Minutes, December 14, 2009 Proposal : Fences, etc. since first PH Visibility amendments: ❖Defines `fence-like hedges" as a contiguous arrangement of vegetation or foliage that : ➢has the characteristics ofa fence > forms a physical barrier more than 50% of the width of the lot ➢is higher than 5 feet above standard base level Proposal : Fences, etc. since first PH Visibility amendments. Prohibits fences in front yards except fence-like hedges: ❖ within 10' of a front yard line of a site with a principal building v that are perpendicular to the street Establishes a five-year grace period for existing hedges Consolidates and harmonizes visibility- related regulations Joint Public Hearing March 23, 2009 City Council Minutes, December 14, 2009 t: a W A' Joint Public Hearing March 23, 2009 City Council Minutes, December 14, 2009 Joint Public Hearing March 23, 2009 City Council Minutes, December 14, 2009 Attachment "B" In the most recent West University Place water bill, a Notice of Public Hearings announced upcoming consideration by Council of a proposed Zoning Ordinance pertaining to "Fences, Visibility and Emergency Assess" (see attachment). I have several comments and questions. As I understand the proposed ordinance, I am opposed. An "early" list of comments and questions include: - who is the sponsor of the ordinance (the fencel emergency part)? Residents need data to understand why the ordinance is before council? - are there specific situations (buildings) that are of concern? Has any effort been made to deal with these specific situations? - how many buildings (residences) in West University are affected? Is there any estimate of cost to these owners for compliance? - has "lack of wall access" prevented proper emergency response ? - is there a precedent for the ordinance? What other similar sized cities have such? and has the ordinance been found necessary effective? - will the ordinance have a "grandfather" clause? - are there any provision for "variances"? If any, what is the criteria for such? the proposed ordinance language says "to allow access to all sides of each building in the city". The "all sides" is not clear (from and back only or 4 walls or "all sides"?). - the proposed ordinance language says "key boxes allowed by the International Fire Code' Most residents are not aware of the specifics of the code. Does the Code specify sufficient implementation details to assure compliance? - is the proposed ordinance language in the Notice of Public Hearings, the full language to be voted on? If not, is there an extended version of the ordinance language? - has security been considered in allowing access to "all sides" of each building? Is there any data to weigh possible increase in crime vs. the need for greater emergency access? - does the ordinance specify the time period for compliance? What are the penalties for non-compliance? Details are needed to understand implications of the proposed ordinance. Nelson Harbison, 6700 Belmont