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HomeMy WebLinkAbout020810R CC Min®rf 0 The City of West University Place A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in a special workshop and regular session Monday, February 8, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:00 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 6:00 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, Assistant City Manager/Public Works Director Peifer, Police Chief Walker, Fire Chief Falls, and Jeff Gerber with PGAL 1. Public Safety Facilities Matters related to Public Safety Building floor plans and exterior elevations. City Manager Ross started by saying that the purpose of the workshop is to bring the floor plans back to Council for review before going out to bid. He said blueprints will be available in a week or so. In response to Mayor Pro Tem Fry's questions, Mr. Gerber confirmed that this project is on schedule. Mr. Gerber walked Council through the floor plans, and after a brief discussion, Council confirmed that the floor plans presented are on target and provided Mr. Gerber with the okay to move forward. With no further discussion, Mayor Pro Tern Fry moved to adjourn the workshop at 6:32 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows: City Council Minutes, February 8, 2010 Mayor Kelly called the meeting to order at 6:35 p.m. Also in attendance were: Mayor Pro Tom Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, Police Chief Walker and Fire Chief Ralls. Councilmember Segal led the Pledge of Allegiance and Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 2. 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. There were no members of the public signed up to speak at this time. 3. Public Safety Facilities Matters related to Public Safety Building floor plans and exterior elevations. Due to the discussion held in the Workshop session, Mayor Kelly cited that there was no need for action and he removed this item from the agenda with no opposition from Council. 4. 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 proposal to amend the Zoning Ordinance and Zoning District Map by changing the zoning district designation of the building site located at the southwest corner of the intersection of Kirby Drive and Tangley Road (5800 Kirby Drive) from PDD-TH2 (Second Townhome District) designation to C (Commercial) designation. Zoning and Planning Commission Steve Brown called the Zoning and Planning Commission meeting to order. Also in attendance for the Zoning Planning Commission were Sam Parikh, Bruce Frankel, Bob Higley, DeDe DeStefano, and Lauren Griffith. Commissioner Dick Yehle was absent. City Secretary Thelma Lenz confirmed that notice of this hearing was duly posted. Chair Brown described the process for the hearing and then opened the public hearing for the Planning and Zoning Commission at 6:40 p.m. Mayor Kelly also opened the public hearing for the City Council at this time. Reid Wilson, legal representative for the applicant, came forward to speak. He explained that Shipley's Donuts, the entity currently occupying the site, is not able to pay anything near fair market rent. He explained that from the inception of zoning in West U, this property was zoned commercial until 1974, when that property was rezoned to PDD Townhome District. Mr. Wilson said now that Shipley's will now be vacating the location, the applicant's request is to rezone the property back to commercial. Mr. Wilson further explained that the site currently has a prior nonconforming status, which means the location can be re-let as it is currently configured for restaurant or retail use, but he said the building is very old, very dated, and very antiquated and it would not be a benefit to anyone in the City to force 2of8 City Council Minutes, February 8, 2010 the applicant to reuse the facility. He said rezoning the site for commercial use will allow the current building to be demolished and a new fully code compliant building be constructed on that site. Bob Orkin, General Partner of Kirby Retail Fund, spoke to say that the applicant's interest in this location is long term. He said they selected Pot Belly's as the tenant for that location because, in his opinion, they are family oriented, they don't serve alcohol, the meats come in fresh daily, they have strong credit, their personnel is first class, and they know their business. He said they are right for the neighborhood. Dave Wilkinson, Pot Belly's Operations, gave background on the company. He said the two most important things for Pot Belly's are being a part of the community and serving the best quality products at all times. Courtney Linley, Pot Belly's Real Estate Department, said the company is all about integrity, trust, teamwork, positive attitudes, and loving the food. He said it is more than just a sandwich shop. Mr. Linley said from a site selection standpoint, Pot Belly's is not a franchise organization, but rather is all company owned with corporate locations. He said they are very careful about their site selections in order to bring value to the neighborhood. In regards to employee parking, Mr. Linley said as employees transition there can be up to 10, but the normal at peak should be 8 employees. He said employees will not be parking on the streets and said they are very cognizant and considerate of that. He said they have secured 5 spaces at the IBC Plaza and 8 spaces at Gallant Knight for employee parking only and will continue discussions with them and others if more spaces are needed. Architect Jerry Tipps with Tipps Architecture spoke to say that the site plan they are proposing will bring the property back up to code. Regarding the building size, he stated that the size dictated itself when all the rules were applied and he then reviewed the rules and requirements. In summary, he said the site plan provides for a 2,000 foot fully compliant building and 20 compliant parking spaces and said the rezoning changes the use from a non-conforming use to a conforming use, which will enable the building department to regulate the site regarding code issues. Councilmember Boehme confirmed with Mr. Tipps that the site has basically the same size footprint and it's being moved away from residences so that it is compliance with the current setback requirements of commercial zoning. After the applicant's presentation, City Planner Debbie Scarcella gave a brief presentation and reiterated that the building, in its present state, can be remodeled and pretty much anything other than a medium use can go on the site without any special use permits or special exceptions. She said the new building would become 100 percent code compliant and rezoning would recognize the existing continuities of the property as commercial and not have a P and C status. Ms. Scarcella stated that in looking at the townhome district regulations for new townhomes, the site would not be viable financially or realistically when considering all the requirements. She also stated that there was additional discussion about looking at the other two lots south of this property, because they have existing commercial uses, but those properties owners were not involved with this application and they don't seem to be interested in rezoning their sites. 3of8 City Council Minutes, February 8, 2010 Councilmember Boehme clarified that the existing use, if it was zoned commercial, provides that the Code would require in parking and that the disincentive to the other two property owners is that they have P and C, which would give them a huge parking deficit. He also confirmed that our Zoning Code does allow prior nonconforming uses in perpetuity, as long as there is no expansion of a P & C item. Councilmember Boehme also pointed out that the owner could gut this building to the shell and they could convert it to any of the current zoning categories that allow for the same parking, which could possibly include a liquor store and definitely a convenient store. At this time, Chair Brown called on the public that signed up to speak. Janet Cassteven, 2619 Tangley, spoke to say that her major concern is the additional traffic and the overflow of people trying to find parking spaces. She said she doesn't think the 20 spaces will be near what will be needed, especially during lunch and dinner times. She said they are already experiencing adverse traffic from the construction on Kirby. Ms. Cassteven also stated that she expected townhomes to be built if and when Shipley's ever went away. John Lindley, 2615 Tangley, echoed the previous speaker regarding parking. He said at the time he purchased his home in 2002, the zoning was for townhomes and he thought townhomes would be built if Shipley's or any of the other commercial properties went away. He said he doesn't want it rezoned. Councilmember Boehme said he appreciates and empathizes with what Mr. Lindley said, but as a practical matter, townhomes will never be built there because of our permissive nonconforming status rule. He said today, without going to the Zoning and Planning Commission, the Zoning Board of Adjustment, or to Council, the applicant can go change to a multiplicity of other commercial uses in that same foot print. Councilmember Boehme said the issue is not about whether this is going to be a commercial structure, because it is. He said the issue is whether we are going to allow them to build a new structure that will be set back further from the residential properties so that it complies with the setback requirements of the commercial zoning code and so that we have a building that complies with the fire and safety codes. He reiterated that townhomes will never be built on this site because of our permissive nonconforming status rule. Rosemary Beauvais, 5902 Lake Street, spoke to say that she moved in her house knowing that one day the Meineke shop near her house would be replaced with townhomes. She said she is hoping Council gives more consideration to the rezoning and said she would rather see the property become a park rather than zoned commercial. She said she is also concerned about the traffic, the noise and the precedent being set. Lisa Tsokos, 2614 Tangley, said she has been a West U resident since 1971 and thought that at some point there would be consideration for a residential building at that location. She said she is opposed to any.type of business being put in that location mainly because of the parking and the safety concerns. She said even if the parking is improved, the trash level is another issue. She said patrons currently park in front of their house making it difficult to access their own driveway. Ms. Tsokos said Shipley's hours of operation reduce the noise, trash and traffic, so is she concerned about these issues with Pot Belly's hours of operation. She asked Council to take these things into consideration when making the decision for commercial versus residential. 4of8 City Council Minutes, February 8, 2010 Brandon Wallace, 2614 Tangley, reiterated the concerns of the previous speakers concerning the hours of operation, which will increase trash, traffic, and noise. He said in addition to those concerns, he is concerned that if this property gets rezoned as commercial, it will always be commercial. He said maybe with the current zoning at some point it may not be economically feasible to remain as a business and be turned into something else that the neighborhood would prefer. Cherie Lindley, 2615 Tangley, spoke to say that she does not want this property rezoned. She said if the City zoned it residential, then the City should work in good faith with the developers to make it possible to have townhomes there. She said where there is a will there is a way. Philip Tracadas, 5811 Charlotte Street, spoke to say that in addition to what Ms. Lindley stated, he would like to see a massive non-commercial 2-story structure at that location to alleviate noise. Robert Riquelwy, 506 Winslow, asked Chair Brown to read his question from the speaker card. The question was "how is this not spot zoning?" City Attorney Petrov answered that it hinges on the fact that this location is adjacent to a commercial zone and would be a continuation of an existing commercial zone. Mr. Wilson spoke again in response to the public comments and said you can always say what you want, but you can't make people build what the market will not buy. He said if the City Council wants townhouses on Kirby, it will have to magically increase the dimensions of the properties available for townhouse development or it is going to have to provide significant economic subsidies. Mr. Wilson said they are not asking the City to do anything other than to permit construction of a new building. He said as long as Mr. Orkin is the owner of this property, there will never be townhouses there, because it is much more economically viable to work with the existing facility. He said they are proposing a tenant that will solve some of the existing problems. Mr. Wilson continued to say that they are continuing to work on the noise and trash issues. Mr. Wilson said they believe that what they are proposing is logical, practical, and in the City's best interest with increased sales and property taxes. He said it is a continuation of existing commercial use and will not have a negative impact on the City. In response to Councilmember Guffey's question as to how much ad valorem taxes increase, the applicant said he will spend at least $400,000 in construction costs to put a new facility there, which will increase the value though he doesn't know by how much. Regarding property taxes, the applicant said it will be at least 2 or 3 times the amount of Shipley's donuts. In response to Councilmember Guffey's question as to who were notices sent to, Ms. Scarcella stated that notices were sent to all persons within 200 feet of the location, as we required by law, plus 50 additional feet, which came to 49 homes. Councilmember Boehme stated that something needs to be done about the nonconformity issues the City has in its Zoning Code, but at this point, the applicant's proposal to build a code compliant building needs to be taken into consideration. He said it's choosing between bad choices, but getting a code compliant building that's properly buffered is far more desirable than having a non-code compliant building. Mayor Kelly said the City should do certain things to stop the noise, stop people from cutting over the curbs, hours of operation, and cut-through traffic. He said the City should be more diligent in 5 of 8 City Council Minutes, February 8, 2010 enforcement and implored residents to contact the City when they have issues with the noise, traffic, trash, etc. so we can help alleviate and solve the problems. Morna Simon, 5804 Fordham, asked the applicant why tabs weren't kept on the property before now. She said residents shouldn't have to come to Council and tattle. She said you have a responsibility as the developer and owner to make sure tenants are doing what they are suppose to do. She said she would like to know what reassures her that the property will be maintained properly in the future. After further discussion relating to the property and buffers, at 8:17 p.m. Commissioner Frankel moved that all statements, exhibits and documents be made a part of the official records of this hearing and that the public hearing be formally closed on behalf of the Planning and Zoning Commission. Commissioner Parikh seconded the motion. MOTION PASSED. Ayes: Commissioners Brown, Parikh, Frankel, Higley, DeStefano, and Griffith Noes: None Absent: Yehle On behalf of the City Council, Mayor Pro Tern Fry moved that all statements, exhibits and documents be made a part of the official records of this hearing and that the public hearing be formally closed. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 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 January 25, 2010 and City Council Special Workshop meeting minutes of January 30, 2010. B. Tennis Court Usage Matters related to a proposed policy and penalties relating to the City's Tennis Courts. ] C. Door-to-Door Soliciting and Advertising Matters related to Article I, Sec. 54-8 of the Code of Ordinance regarding the regulation of door- to-door soliciting and advertising and consideration of an ordinance on the second and final reading. D. Security Systems Contract for new Recreational Facilities Matters related to the purchase of security systems for the new Recreation Center and Colonial Park facilities. E. Matters related to the purchase of video surveillance equipment for the new Recreation Center and Colonial Park facilities. 6of8 City Council Minutes, February 8, 2010 Mayor Pro Tem Fry moved to approve the Consent Agenda as presented. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 6. Reduced Garbage Service Fee for Disabled Residents Matters related to modifying the reduction of monthly dwelling unit charge for garbage pick-up to include disabled residents and approving an ordinance relating to the matter on the first of two readings. Councilmember Segal presented and said he requested this item because of a letter he received from a resident who inquired about the increase in rates that went into effect January 1 and the resident asked if it applied to the disable. He said when Council included disabled citizens to get free access to the pool and weight room like the seniors he thought it would be appropriate to include disabled residents in the special fee discount as provided to residents over the age of 65. After a brief discussion, Councilmember Segal moved to approve an ordinance relating to solid waste fees; amending the fee schedule of the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 7. Reports by Council/Staff A. College Avenue Area Drainage Improvements Matters related to an update on the project and installation of restrictors in the new drainage system. Public Works Director/Assistant City Manager Peifer gave the status of the College Avenue Area Improvement project and the project is now coming to its final stages. He said they anticipate having the punch list items complete in the next 30 days. Mr. Peifer informed Council that restrictors may have to be installed in both bridge structures, as well as the ouffall structures. Mayor Kelly said the purpose was to get the water out of West University Place and now that the project is almost complete, the Harris County Flood Control District is requiring restrictors. He. asked an HCFCD consultant present if the restrictors will negate the $8.5 million tax payer dollars. The consultant replied that it doesn't negate the project, but it lessens the effect during big storms. He said residents will see a big difference during normal storms, but the restrictors will limit the effect during the larger storms. Mayor Kelly said he wants to resolve this amicably with the Harris County Flood Control District before hurricane season. 7of8 City Council Minutes, February 8, 2010 With no further business before the Council, Mayor Pro Tem Fry moved to adjourn the meeting at 8:33 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None rA" Meeting Adjourned. Prepared Thelma A. Lenz, Date Approved: 8of8