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Home My WebLink About020998R CC Min .. , CITY COUNCIL REGULAR SESSION MONDAY, FEBRUARY 9, 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 February 9, 1998, with the following members present: Mayor Fogler presiding, Council Members Starich, Neal and Sparkman. The City Manager, City Secretary, City Attorney, Fire Chief, Finance Director, Parks and Recreation Director and Public Works Director were also present. Council Member Starich led the Pledge of Allegiance. Council Member Davis was absent. PUBLIC HEARING: A Public Hearing was held before the Zoning and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearing was to provide an opportunity for parties in interest and citizens to be heard in relation to a proposal to amend the City's Zoning Ordinance to allow more flexible front yards and front setbacks in the Bellaire Boulevard Townhouse P.D.D. Members of the Zoning and Planning Commission present at the meeting were: Chairman Ned Ross, Byrlan Cass-Shively, Charles Nelson, Bill Watson, Rosalie Day and Karol Musher. The public hearing was called to order by Mayor Fogler and Mr. Ross at 7:35 p.m. Mr. Ross began by explaining the proposed change. The proposed change would allow more flexible front yards and front setbacks. It would reduce the minimum front yard to three feet in depth, but only where the yard faces a private street (cantilevered or suspended projections would still be allowed into this yard), and allow the Zoning and Planning Commission to impose building lines on a replat to create variable front setbacks, up to eight feet in depth. Members of the public were invited to ask questions or speak concerning the proposed amendments. Rick Spencer, 6332 Buffalo Speedway, stated that he was in favor of the amendment because it would not have an adverse effect on the setback area and it would create more open space between the garden homes and the existing homes. Marilyn Huston, 2801 Cason, commented that she was not opposed to the change but expressed her concerns about adequate plumbing in the area. -=~-~<==~'--'I.L____...l-........J~-=nn:L ________c=ro _____'-- ___ _~_ ~__ , "I'''-IHllJla,r '--:'rnl'IHlTII:"l'!O!IIT'l'-:-' City Council Regular Session, February 9, 1998 Bob Resnick, 2803 Cason, expressed his concern about drainage in the area. There being no more persons wishing to be heard, a. motion was made by Council Member Starich, seconded by Council Member Sparkman, 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, Neal and Sparkman None Council Member Davis The public hearing closed at 7:55 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: Michael Henderson, 4215 Dartmouth, commented that the area surrounding the City where he lives is being inundated with people from apartments and townhomes. He stated that he was opposed to the smoking ordinance and to.the state law regarding pedestrians using sidewalks. John Hastings, 4128 Oberlin, spoke about the placement of a stop sign on Academy. He also commented on the new garbage and trash ordinance. RESOLUTION SUPPORTING HOUSTON HUMANE SOCIETY: Consideration will be given to Resolution No. 98-01. Mayor Fogler read the caption of Resolution No. 98-01 as follows: A RESOLUTION DESIGNATING FEBRUARY 1998 AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998 AS "SPAY DAY USA". A motion was made Council Member Starich, seconded by Council Member Sparkman, to adopt Resolution No. 98-01. 2 - - ~I-; ;'111 , . j ,;1 .,~1I; 1 II: I I d~1 Ii' II ""ElIlwl!!lI.. . ',TITllmlnmrrrrr- City Council Regular Session, February 9, 1998 A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Neal and Sparkman Voting Nay: None Absent: Council Member Davis SMOKING ORDINANCE: Consideration was given to the first reading of Ordinance No. 1583. Mayor Fogler read the caption of Ordinance No. 1583 as follows: AN ORDINANCE RELATING TO SMOKING AND TOBACCO; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1583, in the form proposed for adoption, were available in the Council Chambers. Fire Chief Terry Stevenson reported that the proposed amendments would prohibit all smoking in any building that the public accesses unless a separate ventilation system for a smoking area is provided. If approved, this ordinance would take effect on April 1 , 1998. A motion was made by Council Member Sparkman, seconded by Council Member Neal to adopt Ordinance No. 1583 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Neal and Sparkman Voting Nay: . None Absent: Council Member Davis GARBAGE AND TRASH FEES: Consideration was given to the fIrst reading of Ordinance No. 1584. Mayor Fogler read the caption of Ordinance No. 1584 as follows: AN ORDINANCE RELATING TO GARBAGE AND TRASH AND FEES FOR CITY COLLECTION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST 3 ~""'----_ ------' ~!L.1 ~ll.. ~._-~ City Council Regular Session, February 9, 1998 UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1584, in the form proposed for adoption, were available in the Council Chambers. Ordinance No. 1584 sets the special service fee for garbage and trash collection that is picked up on a day that is not a regular collection day. The service fee is $15.00 plus $1.00 for each bag or item. A motion was made by Council Member Neal, seconded by Council Member Sparkman, to adopt Ordinance No. 1584 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Neal and Sparkman Voting Nay: None Absent: Council Member Davis ORDIN!~CE mg BUlI.DING REl.ATEDACTIVITIE~: Consideration was given to the first reading of Ordinance No. 1585. Mayor Fogler read the caption of Ordinance No. 1585 as follows: AN ORDINANCE RELATING TO PERMITS AND REGISTRATIONS FOR BUlLDING- RELATED ACTIVITIES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1585, in the form proposed fot adoption, were available in the Council Chambers. Public Works Director Ed Menville reported that Ordinance No. 1585 would make administrative amendments to the building and tree ordinances to insure stricter compliance with the subject codes. Previously, the approach to achieving compliance was to identify the violation and instruct the contractor to make changes within a given period of time. This approach has met with mixed success. Violations related to management ofthe tree protection standards have been seriously evident. It is believed that the changes recommended would remedy this deficiency. 4 -=::-::rI... 1=::m::r:11L___ I~ ~u -- ----'---,,------~TTIImTlr:rnm~r.rr.'-- City Council Regular Session, February 9, 1998 The proposed amendments involving four different areas of building code activities are: . the issuance of citations for code violations; · the issuance of a master permit, which would be mandatory for all building projects involving at least two or more permits; · permit suspension and revocation relating to all building proj ects; and · provision for the suspension of a contractor's license to operate in the City. Revenue from citations for violations of existing municipal building rules could be deposited into the Tree Trust or earmarked for other city projects. A motion was made by Council Member Starich, seconded by Council Member Neal, to adopt Ordinance No. 1584 on the fIrst reading as presented. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Neal and Sparkman None Council Member Davis ZONING ORDINANCE AMENDMENT: Consideration was given to the first reading of Ordinance No. 1586. Mr. Ross presented the final report on the proposal to amend the zoning ordinance. Mayor Fogler read the caption of Ordinance No. 1586 as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO MODIFY THE FRONT YARD REQUIREMENT FOR GARDEN-STYLE, SINGLE,.FAMILY USE IN THE BELLAIRE BOULEVARD TOWNHOUSE P.D.D (pDD-TH1 DISTRICT); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1586, in the form proposed for adoption, were available in the Council Chambers. A motion was made by Council Member Sparkman, seconded by Council Member Starich, to adopt Ordinance No. 1586 on the firstreading. A vote was taken on the motion with the following result: 5 - '.1 I ~JlI ] ,II ~II' r-IT'I I ,,11I.1"11 I. _.I-:!I.'-- ----.----- - ----------------~----,.,-""'''F,'l(TJ'Il1f~r_l''fn1flT'''-------------- LHY LOunCll Kegwar ;:o:,esslOn, .t'eDruary '1, l'1'1lS Voting Aye: Mayor Fogler, Council Members Starich, Neal and Sparkman Voting Nay: None Absent: Council Member Davis ENGAGEMENT OF LANDSCAPE ARCIDTECT: Consideration was given to a professional services contract with Scott Slaney of the SWA Group to provide landscape architectural services for Whitt Johnson Park. Parks and Recreation Director Mark Mailes reported that the architect will provide a schematic design to be used in various public meetings with the Council, the Parks and Recreation Board and West U citizens. It is anticipated that a minimum of 4 to 5 meetings will be required to provide the necessary information to citizenry and boards. Design development, construction and. bidding documents, and construction site observation are also services included in the contract. The construction budget for this project is estimated at $225,000, which will be paid for by the Friends of West U Parks Fund, Inc. SW A's design bid is $22,500. A motion was made by Council Member Nea1, seconded by Council Member Sparkman, to approve a contract with SW A Group to provide landscape architectural services for Whitt Johnson Park in the amount of $22,500. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Neal and Sparkman None Council Member Davis CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Town Meeting conducted on January 21, 1998 (b ) Workshop Session conducted on January 26, 1998 (c) Regular Session conducted on January 26, 1998 A motion was made by Council Member Sparkman, seconded by Council Member Neal, to 6 LL__~~------L.l.....LiDilEl L_jl~_j_____....L___.__-------1-.illL.1.illL ",- 1~~In;I,'1I"'-:_ .---~- ----~~I1:mI!rnli1rmITIIT'~---------- City Council Regular Session, February 9, 1998 approve the minutes as amended. A vote was taken on the motion with the foUowing result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Neal and Sparkman None Council Member Davis STAFF REPORT: City Manager Sherman Yehl reported that the bid opening for the renovation of the Municipal Building would be on Wednesday, February 11. He also reported that there would be a public reception for Police Chief Steve Griffith on Wednesday, February 18. 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 Sparkman, to adjourn. The regular Session adjourned at 8:30p.m. 7 I., ~b. ,.....11:-1 .., , , ."-'LI.H.1. _~w..-: --.----..--..-.---..~-~-,-.-~~'---