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Home My WebLink About011298R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 12, 1998 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. '{ The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on January 12, 1998, with the following members present: Mayor Fogler presiding, Council Members Starich, Davis, Neal and Sparkman. The City Manager, City Secretary, City Attorney, Fire Chief, Parks and Recreation Director and Public Works Director were also present. Council Member Neal led the Pledge of Allegiance. PUBLIC HEARINGS: Public Hearings were held before the Zomng and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearings was to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City's Zoning Ordinance and sub-division ordinance to allow "garden-style" single-family use in the Bellaire Boulevard Townhouse P.D.D. and to extend the "sunset" provisions for certain prior non-conforming uses from ten years to twenty years. Members of the Zoning and Planning Commission present at the meeting were: Chairman Ned Ross, Byrlan Cass-Shively, Charles Nelson, Bill Watson, Rosalie Day andXarol Musher. The public hearing on the proposal to allow "garden-style" single-family use in the Bellaire Boulevard Townhouse P.D.D. was calledto order by Mayor Fogler and Mr. Ross at7:40 p.m. Mr. Ross began by explaining the proposed changes. Attached townhouses are already allowed. in this district. ~ The amendment would allow a new garden...;style,single-family use. Basic townhouse regulations would apply, butthere could only be OIle house perlot, the houses could not be attached, and each lot would have tobe platted for separate, "fee simple" ownership. This would produce a less-intensive land. .use than townhouses, rnore akin to conventional, single-family use. Members of the public were invited to ask questions or speak concermng the proposed amendments. Residents asked questions andraised numerous issues concerning the proposed amendments. There being no more persons wishing to be heard, a motion was made by Council Member Neal, seconded by Council Member Davis, that all statements, exhibits and documents be made a part of the official. record of this meeting and to close the public hearing. - ."L _.. _---1..._'-"I:l.L _m..___._cL_.~IL.llIIIL 1. L .iI,_, :.il.tcLJiI _ "_ L__~~II":; -=l'mnrlFmlllrrr--~-----~-- -- - -- City Council Regular Session, January 12, 1998 A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: The public hearing closed at 8:15 p.m. The public hearing on the proposal to extend the "sunset" provisions for certain prior non- conforming uses from ten years to twenty years was called to. order by Mayor Fogler and Mr. Ross at 8:16 p.m. Mr. Ross began by explaining the proposed changes. The proposed amendment would amend the zoning ordinance to extend the "sunset" provisions for certain prior non-conforming uses from ten years to twenty years. The amendment would only affect existing non-conforming uses which acquired prior non-conforming status in 1987, or earlier. The affected uses would be the use of a building site in an SF District for business activities, the presence of more dwelling units than allowed in an SF District and the use of a building site by more than one family in an SF District. Members of the public were invited to ask questions or speak concerning the proposed amendments. There.~were no persons who wished to be heard concerning the proposed amendment. Members of the City Council expressed their concerns about the proposed amendment. A motion was made by Council Member Sparkman, seconded by Council Member Davis, that all statements, exhibits and documents be made a part of the official record of this meeting and to close the public hearing. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None 2 -1.1 ,'III ,.,I..'iIINlln 11'1 , 'III ~ ' I !I i I 1.'---'!W'~1\11_;--~-~---~~--=-=ifmrnnrnniin,-----~--~-- City Council Regular Session, January 12, 1998 The public hearing closed at 8:40 p.m. The Zoning and Planning Commission left the room. The City Council convened in Regular Session and continued with the items on the regular agenda. CITIZEN COMMENTS: Mary Lee Gray, Chair of the Senior Services Board, spoke to the City Council about 911 Saturday on March 7. She stated that volunteers recruited by the Senior Services Board will deliver to the home of every senior a "safety packet" containing a medical information form that they can fill out and post on their refrigerators. PROCLAMATION FOR ARBOR DAY CELEBRATION: Consideration was given to a Proclamation for an Arbor Day Celebration to be held on Saturday, January 17, 1998. A motion was made by Council Member Sparkman, seconded by Council Member Davis, to approve the Proclamation celebrating January 17, 1998 as an Arbor Day Celebration. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: GARBAGE AND TRASH ORDINANCE: Consideration was given to the first reading of Ordinance No. 1576. Mayor Fogler read the caption of Ordinance No. 1576 as follows: AN ORDINANCE RELATING TO 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 3 ~~c-c--- .-.-~'-"I:!mlrTlf!Wl'1IInr:r.T'-------- City Council Regular Session, January 12, 1998 Copies of Ordinance No. 1576, in the form proposed for adoption, were available in the Council Chambers. Public Works Director Ed Menville reported that for the last eight months staff has been issuing warnings and citations to residents who place their garbage and trash out too early. This program has been met with mixed success - To date, 597 warnings and 41 citations have been issued. However, part of the problem with this approach is that the garbage usually remains at curbside. The proposed ordinance decriminalizes the act of placing garbage and trash out too early and establishes a special service pick-up. Basically, if garbage and trash are placed at the curb prior to the time permitted, City staff will consider this a request for special services. A special Public Works crew will collect the garbage and trash and the property owner will be charged for the service. Recommended fees will be established and presented at another meeting. In addition to providing this special service, Ordinance No. 1576 also changes the time which garbage and trash can be placed at the curb. Placement may occur no sooner than 6:00 PM on the day before a regular collection day. Staff recornh1ends approval of this ordinance amendment. Prior to the second reading, it is further recommended that the Recycling and Solid Waste Reduction Board review the proposed ordinance. A motion was made by Council Member Neal, seconded by Council Member Sparkman, to adopt Ordinance No. 1576 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: FEE SCHEDULE: Consideration was given to the first reading of Ordinance No. 1577. Mayor Fogler read the caption of Ordinance No. 1577 as follows: AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A 4 ~. ,.... I -~ 110..1'" I :"*_IMI.I_r~ ~"TTIlIrIIIrul:lIrTlIl'!InY.- City Council Regular Session, January 12, 1998 PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1577, in the form proposed for adoption, were available in the Council Chambers. Ordinance No. 1577 will institute a new fee schedule to provide for animal registration.fees, and plat review fees for property owners. The fee schedule proposed allows for the implementation of a permanent registration system. The fee for spayed or neutered animals is set at $40 per animal. This includes a microchipping or other type of permanent identification. The fee is reduced to $15 if the owner of the animal is a resident over 65 years of age. The fee for fertile animals is set at $150 per animal. The animal registration fees might show a significant increase in the first year due to the increased fee structure. However, the registration is a one-time fee and will not require an annual review of the registration or license. The city receives numerous requests to review and/or prepare plats throughout the year. The Public Works Department does not have enough staff time to provide this service. This service is needed to ensure that plats conform to City mandated ordinances and codes. Without an established fee schedule, it could become very expensive to contract with an independent land planner each time a plat is submitted to the City. The fee for plat review and preparation will be a pass through cost. Any fees or charges incurred by the city in regards to a particular plat will be passed along to the owner of the property. Base fees to cover the cost of exceptional cases are included in the proposed fee schedule. With adoption of the proposed fee schedule, the City would retain an outside land planning specialist to review and prepare plats. The proposed fee schedule includes costs for processing the plats in the City as well as retaining an outside land planner. In the proposed fee schedule, fees are established for full preparation of plats and review only. In the case of full preparation, the fees are the City's actual cost for plat preparation and revision plus incidentals. In the case of plat review only, the fees are the City's actual cost for plat review, plus incidentals. A motion was made by Council Member Starich, seconded by CounCil Member Neal, to approved Ordinance No. 1577 on the first reading. A vote was taken on the motion with the following result: 5 I_' Li., .i ,,---,,,.....'1. u, , ...L1'.... ~,..;""~.......,."...--=. . =rrmImr'lFI"nrtTf"'rJ' City Council Regular Session, January 12, 1998 Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: BID AWARD FOR LANDSCAPE CONTRACT: Consideration was given to a contract with Landscape Professionals of Texas to provide landscape maintenance for all parks and open spaces. Parks and Recreation Director Mark Mailes reported that Landscape Professionals of Texas has provided grounds maintenance services to the city since July 1993. Bids for landscape services, which provided for a maximum three-year contract, were last solicited for the 1996 fiscal year. The contract amount of $50,000 is the same amount as the previous two, which will be. distributed as follows: $42,200 in landscape maintenance, $5,000 for landscape materials, and $2,800 in irrigation repairs and services. A motion was made by Council Member Davis, seconded by Council Member Neal, to approve the contract with Landscape Professionals of Texas in the amount of $50,000. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: BID AWARD FOR POOL FILTER SYSTEM: Consideration was given to bids received December 10, 1997 for the replacement of the Colonial Park Swimming Pool Filter System. The following bids were received: Bidder Bid Amount Quality Pools &. Management, Inc. Progessive Chemicals, Inc. $23,172.50 $29,882.00 6 ,."""............,...--- """'f'ffil1lffW'lf'-l~mfff'~',' City Council Regular Session, January 12, 1998 Mr. Mailes reported that currently, the pool's filtration system has several leaks inthe filter tank: and is rapidly deteriorating. The system has been in place for approximately ten years, which is about the average life span of a filtration system. The cost to replace the filter is $23,172.50. The1998 Budget included $23,000 in the Swimming Pool Maintenance account for this expenditure. A motion was made by Council Member Sparkman, seconded by! Council Member Davis, that Quality Pools and Management, Inc. be! awarded the bid to replace. the filtration system at the Colonial Park Pool for an amount of $23,172.50. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: PRIORITY AREA SB/6A CHANGE ORDER: Consideration was given to a change order with Whitelak, Inc. in the amount of $45,000 to provide water and sewer in the 6100 block of Buffalo Speedway. Mr. Menville reported that recently, Mr. V.J. Valone, of Teal Creek Custom Homes, entered into a contract to construct a new home ona vacant lot located at 6100 Buffalo Speedway at Rice Boulevard. The lot has been vacant since the 1930's and it was recently discoveredthatthe lot is not served with water or sewer lines. The nearest water and sewer exists at the rear of adjacent lots fronting on Buffalo Speedway and Rice Boulevard. Attempts to use these services could be very difficult if not. impossible since the utility. lines may be inadequate and a suitable utility easement may be difficult to acquire from adjacent landowners. To serve this property with required utilities, staff recommends that authorization to execute a Change Order with Whitelak, Inc., the general contractor for Priority Area 5B/6A, in the amount of approximately $45,000, be.granted. The work would involve installation of an 8' sewer line in Rice Boulevard and a 6" water line in Buffalo Speedway. All work is based on the City's Comprehensive Plans and would not be abandoned. when this priority area is under. construction. It is also recommended that the costs of providing service lines for water and sewer be charged to the property owner at 6100 Buffalo Speedway, at a cost of$1,250. 7 City Council Regular Session, January 12, 1998 A motion was made by Council Member Neal, seconded by Council Member Sparkman, to authorize the execution of a change order with Whitelak, Inc. in the amount of $45,000 to provide water and sewer in the 6100 block of Buffalo Speedway. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: The City Council recessed at 9:05 p.m. At 9:15 p.m., the City Council reconvened in Regular Session with members of the Zoning and Planning Commission and continued with the items on the agenda. ZONING ORDINANCE AMENDMENT: Consideration was given to the first reading of Ordinance No. 1578. Mr. Ross presented the fmal report on the proposal to amend the zoning ordinance. Mayor Fogler read the caption of OrdinanceNo. 1578 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO PROVIDE FOR GARDEN STYLE SINGLE-F AMIL Y USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D; AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1578, in the form proposed for adoption, were available in the Council Chambers. A motion was made by Council Member Starich, seconded by Council Member Sparkman, to adopt Ordinance No. 1578 on the first reading. 8 ,..___" -~.-_.-..~.---~--cc-.,---~'~w;rrFmTIf'r;--.--.-------..----"C.~---.---;--c-c--,----.---- City Council Regular Session, January 12, 1998 A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: . Absent: ZONING ORDINANCE AMENDMENT: Consideration was given to the first reading of Ordinance No. 1579. Mayor Fogler read the caption of Ordinance No. 1579 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO EXTEND "SUNSET" PROVISIONS FOR CERTAIN NONCORFORMING USES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Mr. Ross reported that the Zoning and Planning Commission did not submit a fmal report on the proposed amendment and would like to take the comments from the City Council under advisement. CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted On December 8, 1997 (b) Regular Session conducted on December 8, 1997 (c) Workshop Session conducted on December 22, 1997 (d) Regular Session conducted on December 22, 1997 A motion was made by Council Member Sparkman, seconded by Council Member Neal to approve the minutes as amended. 9 - -II I, Ihl I-III nil', r;:-rr, I I <IUH'II. !',;lWIlftl11H1ll11l.I"':' - --~c- ~--rmlTllhnm!frrr" . City Council Regular Session, January 12, 1998 A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: STAFF REPORT: City Manager Sherman Yehl reported on the changes at the Recycling Center. ADJOURNMENT: With no further business to come before the City Council at this time, . a motion was made by Council Member Neal, seconded by Council Member Davis, to adjourn. The regular Session adjourned at 9:27p.m. 10 ","-".hlll_''''___ ""'FrnrnrrrFlrcl~m!f~---