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Home My WebLink About092898S CC Min I CITY COUNCIL WORKSHOP SESSION MONDAY, SEPTEMBER 28, 1998 COMMUNITY BUILDING 6104 AUDEN 6:45 P.M. The City Council convened in Workshop Session in the Community Building (6104 Auden) on September 28, 1998, with the following members present: Mayor Fogler presiding, Council Members Davis, Neal, Sparkman and Starich. The City Manager, City Secretary, City Attorney, Finance Director, Public Works Director and Building Official were also present. AGENDA REVIEW: The City Council reviewed the regular meeting agenda and discussed items under consideration with the Staff. SIDEWALK POLICY: The City Council discussed the City's current sidewalk policy. Public Works Director Ed Menville and Consulting Engineer Dieter Ufer presented an overview of previous committees' recommendations regarding the city's involvement in sidewalk construction. They addressed.cost of replacement and assessment. A motion was made by Council Member Davis, seconded by Council Member Sparkman, to authorize the City Staff to begin a study on the need for sidewalk improvements. A vote was taken on the motion with the following result: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal, Starich and Sparkman None None Voting Aye: VISION 2020: The City Council discussed the meeting schedule for the Vision 2020 Town Meetings. The Town Meetings will be held on October 19 and November 16. There will not be a meeting in December. L.~ ., . -~.. _ ,L__ "--"'~:' ----"'-J"-",rnlll..l[u:::II...rnrrIl.I,'. ----------------,---,--,---c,--------------,--------- ~y_~~u_~ Voting Nay: None J\bsent: None The City Council recessed the Workshop Session at 7:30 p.m. to convene in Regular Session. The Workshop Session reconvened at 10:02 p.m. INOUlRIES. REQUESTS AND COMPL.AINTS: The City Council reviewed matters received from the public and referred them to the appropriate department or agreed to place them on a future agenda for consideration or action. 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 Workshop Session adjourned at 10:15 p.m. "-.__~-.,,~_o.~~_~~~_~~_~~~~~~_~....-=~..... ~-:&;"~"~'--..L~'~'.-~~~_~<~~-'-'~-~~_~~;-T-~"-'~'~'~'-~~~'~=~-.-._-.o--- that the proposed amendment to the.Browning Townhouse District affects only what is called the Browning Townhouse PDD. It is located on the south side of Browning between Weslayan and Academy. Currently,.attached townhouses and conventional, single-family detached houses are allowed in this district. The amendment would change this to allow only single-family detached homes and would provide for a type of "grandfathering" for the existing attached dwellings that are already there. Members of the public were invited to ask questions or speak concerning the proposed amendments. David Applegate, 4027 Browning, expressed his concerp. about parking in the area. He commented that one hpme was only three feet from the street. Cindy Woods, 3932 Browning, asked if the existing townhomes were totally destroyed by some natural disaster, would the amendment then affect that property. Mr. Dougherty replied that the property would have to be redeveloped as single-family. Ted Anderson, 4037 Browning, commented that the only lot the amendment applied to was his vacant lot on the corner of Browning at Academy. He stated that he has yet to figure out why this amendment is in place except to maybe try to rectify the errors that wyre made by the City by allowing the four existing townhouses that were put at the other corner. Mr. Anderson stated that he bought the lot about fIfteen years ago with the intention of building townhouses and that he plans to pursue every effort, just on principal. He stated that he had four other lots that he developed as single-family houses and he lives iri the house next to the vacant lot. He stated that he is strongly opposed to the amendment. Mayor Fogler asked Mr. Anderson what error the City made in allowing the existing townhomes to be built? Mr. Anderson stated that he interpreted the zoning ordinance to allow, at a maximum, three townhomes there, and to have guest parking. He stated that he has yet to have a satisfactory explanation as to how the plans were approved. Mr. Anderson commented that there was a good chance that he would build a single-family detached home on his lot, but, on principal, he does not understand what is going on. 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 hearing and to close the public hearing. A vote was taken on the motion with the following result: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None Voting Aye: No written comment cards on this topic were given to the City Secretary. The public hearing closed at 7:55 p.m. The public hearing on an amendment to allow "garden-style" single-family use in the Weslayan Townhouse District (pDD-TH4 District) was called to order by Mayor Fogler and Mr. Ross at 8:05 p.m. . 2 .I., ~_ ____u" _; '_.URILI. .I., u, ilL"",,,. ___--'...--.l~_~. ..rmmrrmmrrnJ::rrr:.' Mr. Dougherty explained that both townhouses and conventional, single-family detached houses are allowed in this. district. The amendment would change this to allow a new garden-style, single-family use in lieu of attached townhouses. Basic townhouse regulations would apply to the garden-style use, with exceptions. There could only be one house per lot, the houses could not be attached, and each lot would have to be platted for separate, "fee simple" ownership. Site plans and a conventional subdivision replat would be required. Members of the public were invited to ask questions or speak concerning the proposed amendment. Rick Spencer, 6332 Buffalo Speedway, stated that he was representing Lovett Homes. For the past eleven months they have worked with the Zoning and Planning Commission to come up with a plan that will help give a buffer to the busy streets around West University while maintaining the residential character of the neighborhood. They have addressed density, parking and traffic.. He presented the plans for the garden-style project to those present. Mr. Spencer encouraged the City Council to pass the Ordinance on first reading. . Ted Anderson, 4037 Browning, commented that he is in favor of the garden-style homes and he appreciates everyone working with the developer to allow them. He stated that, on the negative side, on the plans, if a car parks in front of the garage it will be protruding into a public street. He stated that it seems the ordinance is being written for the development. Mr. Anderson commented that he was not clear as to why some of the ordinances are passed on an emergency basis. Mayor Fogler explained the procedure to Mr. Anderson. Mr. Anderson stated that the main issue with him was the parking situation and not having adequate on-site parking. David Applegate, 4027 Browning, commented that the overall concept of garden-style homes was wonderful but he did not like the idea that a ordinance was written for a developer. He stated that he was concerned with the parking in the area. Bill Ferguson, representing Lovett Homes addressed the parking issues and building coverage. Cindy Woods, 3932 Browning,. commented that the plan was the most acceptable presented so far. She expressed concerns about water and sewer capacity. She commented that 16 units would be more desirable than 18 units. Mrs. Woods commented that traffic flow was already a problem in the area. Mr. Spencer replied that Lovett Homes was paying an additional expense to make sure water and sewer capacity was not a problem. 3 J~~.L ."_._"_~'1. r:::-:-Jr,._ . 1""':"JJE:i:L:::I. ___-----------I~. --------c'T''';::~~F Cindy Anderson, 4037 Browning, commented that the plan was a very good concept for the lot and it would certainly be more attractive than what is there now. She expressed concern about parking in the area. Mrs. Anderson stated that 15 or 16 homes would be better than 18. There being no more persons wishing to be heard, a motion was made by Council Member Starich, seconded by Council Member Davis, that all statements, exhibits and documents be made a part oftheofficial record ofthis meeting and to close the public hearing. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None Voting Nay: Absent: No comment cards on this topic were given to the City Secretary. The public hearing closed at 8:35 p.m. CITIZEN COMMENTS: Mayor Fogler invited citizens who wished to address the City Council to come forward as their names were called. Alide Drewes, 6112 Fordham, complained that the police did not respond to her calls. RESOLUTION THAT APPROVES THE CERTIFIED TAX ROLL. ASSESSOR- COLLECTOR'S CERTIFICATEAND RELATED INFORMATION: Consideration was given to Resolution No. 98-15. Mayor Fogler read the caption as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF APPRAISAL ROLL, ASSESSOR-COLLECTOR'S CERTIFICATE AND RELATED INFORMATION; DESIGNATING A PERSON TO CALCULATE CERTAIN TAX RATES; MAKE CERTAIN PUBLICATIONS AND PERFORM OTHER RELATED TASKS; DECIDING ON THE AMOUNT OF SURPLUS AND UNENCUMBERED FUNDS TO BE USED TO PAY DEBT SERVICE; AND CONTAINING RELATED PROVISIONS Finance Director Walter Thomas explained that the Truth in Taxation laws require the City Council to acknowledge the receipt of the certified appraisal roll from the Chief Appraiser. The same laws require the City's Tax Assessor to inform the City Council 4 " T,m, 1 r-n llIr!m i.I.... -----------r~~rr'lnrrTil'TfIT=--------- - about two comparative tax rates. The effective tax rate is essentially the rate that the City would levy to generate the same property tax revenue as the preceding tax year. The roll back tax rate is the effective tax rate adjusted for changes in the City's debt service. The effective tax rate for 1998 has been established at approximately $0.42 per $100.00 valuation based on a total taxable value of $1.48 billion. These rates provide information to the Council about the City's tax revenues. They also provide triggers for additional required publication of information about the City's property taxes and, in some cases, an opportunity for the citizens to invalidate a proposed property tax increase. Failure to comply with the requirements of the Truth in Taxation laws could result in delays in assessing the 1998 property taxes or in injunctions against collecting 1998 property taxes. A motion was made by Council Member Davis, seconded by Council Member Starich, to adopt Resolution No. 98-15. A vote was taken on the motion with the following result: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None Voting Aye: BIDS FOR MUNICIPAL BUILDING OFFICE FURNISIDNGS: Consideration was given to bids received September 2, 1998 for the purchase of office furniture for the Municipal Building in the amount of $132,657. The following bids were received: Bidder Bid Amount Vanguard Environments Contract Resource Group $126,750.39 $132,657.00 City Manager Sherman Yehl reported that the speCifications were prepared by Environs, our consulting interior designer who has assisted in this project. Prior to preparing bid specifications, furnishings and fabric. color and grade were identified and reviewed with a joint City Council/staff/architect committee. In reviewing the bids it was determined that the bid submitted by Vanguard was deficient in several areas, including fabric quality and substitutions of certain components. While substitutions were permitted, they were to be reviewed prior to bid opening. 5 '": ~1, :-:-nUI:'"'- r-n ll"ltim , 1,111.'-" - --. ----.-~..Tommn~mff1T1imT'IF- ,--- Funding for the furnishings are part of the Municipal Building Renovation project included in the 1998 Capital Project Fund. A motion was made by Council Member Sparkman, seconded by Council MemberNeal, to accept the staffs recommendation that the compliant bid submitted by Contract Resource Group in the amount of $132,657 be accepted. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on August 24, 1998 (b) Regular Session conducted on August 24, 1998 (c) Workshop Session conducted on September 3, 1998 A motion was made by Council Member Starich, seconded by Council Member Sparkman, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None Voting Nay: Absent: Members of the Zoning and Planning Commission rejoined the meeting. ORDINANCE CALLING JOINT PUBLIC HEARING: Consideration was given to the fIrst and fmal reading of Ordinance No. 1602. Mayor Fogler read the caption of Ordinance No. 1602 as follows: AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO CERTAIN YARDS ON SITES USED FOR TOWNHOUSES AND IDGHER DENSITY RESIDENTIAL USES; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY 6 Ii 'i1li 'I.lj~r' rr-n, IIlr'1Ti1 1;-HIIIl'" ---.-----~'"'nmrfil'f~-,-.-------- Copies of Ordinance No. 1602, in the form proposed for adoption, were available in the Community. Building. The Zoning and Planning Commission submitted their preliminary report on the proposed amendment. City Attorney Jim Dougherty explained that the Commission has had numerous plats and replats come before them for attached townhouses. They have become concerned about the use of the front yards of those dwellings for concrete parking. The Commission has asked that the City's comprehensive planners review the proposals in advance. Mr. Dougherty explained and read excerpts from the Zoning and Planning Commission Report. He stated that the main idea of Ordinance No. 1602 would be to call a public hearing for zoning ordinance amendments. They are proposing two. The first proposal would increase the pervious area requirement in the front yard for the single-family attached dwellings to 70%. Second, they proposed to prohibit parking spaces in the front or street side yard and at least to a depth of 20 feet from the front street line and 10 feet from the side street line. The Commission also recommended to the Council that there be a temporary limitation on construction permits that do not comply with the proposal. The limitation would expire after 135 days. The City Council discussed a date for the public hearing. They agreed to set the hearing for November 23, 1998 at 7:30 p.m. They also set a workshop with the Zoning and Planning Commission for October 5 at 6:00 p.m. A motion was made by Council Member Davis, seconded by Council Member Neal, to adopt Ordinance No. 1602 calling a public hearing for November 23, 1998 to be held in the Community Building and temporarily placing a moratorium on development as discussed. A vote was taken on the motion with the following result: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None Voting Aye: ZONING ORDINANCE(PDD-TH3): Consideration was given to the first reading of Ordinance No. 1599. Mayor Fogler read the caption of Ordinance No. 1599 as follows: 7 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO THE BROWNING TOWNHOUSE P.D.D.(PDD-TH3 DISTRICT); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1599, in the form proposed for adoption, were available in the Community Building. The Zoning and Planning Commission submitted their final report. They recommended the ordinance be adopted as submitted. Ordinance No. 1599 would amend the zoning ordinance to allow only single-family detached homes in the PDD- TH3 District. Currently, the ordinance allows both attached townhouses and conventional, single-family detached houses. A motion was made by Council Member Sparkman, seconded by Council Member Starich, to adopt Ordinance No. 1599 on first reading. A vote was taken on the motion with the following result: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Sparkman and Starich Council Member Neal None Voting Aye: The motion carried. ZONING ORDINANCE (pDD-TH4): Consideration was given to the fIrst reading of Ordinance No. 1600. Mayor Fogler read the caption of Ordinance No. 1600 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 WESLA Y AN TOWNHOUSE P.D.D. (PDD- TH4 DISTRICT); AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1600, in the form proposed for adoption, were available in the Community Building. Mr. Dougherty stated that the Zoning and Planning Commission submitted their final report and recommended adoption of the Ordinance with two changes. The first change, on lot 18, the door to the garage will not be closer than 20 feet to the street right of way line, and there will be a driveway at least 20 feet long from the garage to the street right 8 I, ~H '_.llII;-'1 ~r1 l~m _____------<.......J-'-'I~.. 1"'"lIIT11Jlr:-U,[LI1"[" of way line. Part of this driveway may be inset beneath the second floor of the house on Lot 18. In addition, the interior landscaping (i.e., west ofthe wall along Weslayan and south of the wall along Bissonnet) may be postponed to avoid disruption by home construction, but it must be completed before occupancy of the last home to be constructed, or by November 1,2000, whichever first occurs. A motion was made by Council Member Starich, seconded by Council Member Davis, to adopt Ordinance No. 1600 on the first reading with the changes as presented by the City Attorney and members of the Zoning and Planning Commission. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None ORDINANCE AUTHORIZING ABANDONMENT OF RIGHT-OF-WAY: Consideration will be given to the fIrst and fmal reading of Ordinance No. 1601. Mayor Fogler read the caption of Ordinance No. 1601 as follows: AN ORDINANCE AUTHORIZING ABANDONMENT OF AN UNNAMED STREET RIGHT OF WAY LYING BETWEEN BROWNING STREET AND BISSONNET STREET, WEST OF WESLA Y AN STREET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY Copies of Ordinance No. 1601, in the form proposed for adoption, were available in the Community Building. Ordinance No. 1601 requires that the owner convey to the City fee simple title to the substitute streets and to Reserves "A" and "C" as shown on the proposed site plan dated August 13, 1998. The owner must build the streets and the perimeter wall along Weslayan and Bissonnet, including a niche for a bus stop, all to the City's specifications. In addition, the owner must pay $50,000 to the City to reimburse the City for certain sewer system modifications already done and to provide a fund that a City may use to construct improvements and landscaping on said Reserves "A" and "C", provide street lights along Weslayan and provide furniture and fixtures for the bus stop on Weslayan. The abandonment ofthe right of way cannot take effect until the conveyances and cash payment have occurred. A motion was made by Council Member Neal, seconded by Council Member Sparkman, to adopt Ordinance No. 1601 as presented. 9 ., ~I.L .~I' [, , J.II..,...::I _ _----"L-Jc.litacI:," r c~rnrmTIIT'r.I'TrI'T'e'- ---.- --- -- A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal, Sparkman and Starich None None Voting Nay: Absent: COUNCIL COMMENTS: Council Member Starich commented that the Council appreciates the efforts of the Zoning and Planning Commission. ADJOURNMENT: With no further business to come before the City Council at this time, a motion was made by Council Member Starich, seconded by Council Member Davis, to adjourn. The Regular Session adjourned at 10:00 p.m. 10 "II " <iiIT""l rr--rl ,-' ,1I;'! :.. -1,,,1:-111." . '-r"'~:!ll!rrmm~'-----------------~---'-