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HomeMy WebLinkAbout101298R CC Min CITY COUNCIL REGULAR SESSION MONDAY, OCTOBER 12, 1998 COMMUNITY BUILDING 6104 AUDEN 7:30 P.M. The City Council convened in Regular Session in the Community Building (6104 Auden) on October 12, 1998, with the following members present: Mayor Fogler presiding, Council Members Davis and Neal. The City Manager, City Secretary, City Attorney, Fire Chief, Police Chief, Parks and Recreation Director, Finance Director and Plant Supervisor were also present. Council Member Neal led the Pledge of Allegiance. Council Members Sparkman and Statich were absent. RECOGNITION OF WEST UNIVERSITY ROTARY CLUB MEMBRRS: The City Council recognized members of the West University Rotary Club for donating bicycles to the Police Department Bike PatroL CITIZEN COMMENTS: Mayor Fogler invited citizens who wished to address the City Council to come forward as their names were called. Ken Hoffman, 4212 Ruskin, spoke to the City Council about the condition of the sidewalks. Joyce Glivinski, 2101 Brun, #2 and owner of 2704-2716 Wroxton, spoke to the City Council about the temporary moratorium placed on townhouse development. She stated that she has already entered into an earnest money agreement to sell the property and has received preliminary approval on the replat. She asked the City Council to give consideration to the people who have already put time and money into developing the lots. Charles Kreel, 2715 Wroxton, commented that he was in favor of the development to replace the current housing on Wroxton. He stated that he was concerned about not having any parking on the north side of Wroxton. He would like the City Council to have people notified of the process at the time a replat is issued. Robert Crane, 5822 Auden, spoke to the City Council about the temporary moratorium discussed during the Zoning and Planning Commission meeting. He stated that the City should find a method to "grandfather" existing projects that have already begun or have tried to get approval. ~:~~Wi '"' ;r~~~-~~-- ._~:-r~'~i.J'J1~_l~--[~ ':1' ': 1 ':1!t1:fNc;"':--J]:~!'!;;1' t. David Applegate, 4027 Browning, commented on Ordinance No. 1599 and the lack of guest parking in the area. He commented that there are parts of Ordinance No. 1600, which provides for garden"-style homes in PDD- TH4, that are clearly written for the Lovett Home development. He also commented on the use of "state of emergency" to pass an ordinance quickly. Bill Scott, 3534 Durhill, commented that he was with Pillarstone Construction Company and that he also owned Smith Scott Homes. He stated that he started working with the Zoning and Planning Commission last April to develop property on Bellaire and that he had followed all of the rules. He stated that he thought the City Council was encouraging development and now, without any notice to him, his project has been stopped because of the temporary moratorium. Mr. Scott stated that the City has created a financial burden because his loan has been approved and the closing is set for October 23. Ted Anderson, 4037 Browning, spoke about Ordinance No. 1599, PDD-TH3. He commented that this is the first townhouse district that is proposed to be rezoned as single family, garden-style detached homes. He stated that he thought the Commission wanted to rezone the area because of some townhouses that were allowed to be developed that did not meet the current ordinance. He also commented on Ordinance No. 1600 and parking in the Eastern Star property area. Rick Spencer, 6332 Buffalo Speedway, stated that he was representing Lovett Homes. He commented that they did not choose the vehicle for Ordinance No. 1600 to be written, basically adopting a plat instead of a garden-style home zoning ordinance. The Commission felt that, because of the size of this tract and the limited effect of this ordinance, it would be better for the City to adopt the plat rather than rewriting the zoning ordinance. Mr. Spencer stated that he felt it was unfair to say that the citizens have not had input and Mr. Anderson has been coming to the Z&P meetings since January. Jeff May, 2624 Wroxton, stated that he owned the four-plex on Wroxton. He commented that he did not have plans to redevelop his property but was concerned about the value of his property. He asked the City Council to listen to what the people on the street want. RESOLUTION APPOINTING A REPRESENTATIVE TO THE AREA PLANNING ADVISORY COUNCIL OF THE AREA AGENCY ON AGING: Consideration was given to Resolution No. 98-16. Mayor Fogler read the caption as follows: A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A REPRESENTATIVE TO THE AREA PLANNING ADVISORY COUNCIL OF THE AREA AGENCY ON AGING; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT 2 M "'~,....., '..II~-ll'H',;,_",!'Hn"'k''''!''''''' A motion was made by Council Member Neal, seconded by Council Member Davis, to approve Resolution No. 98-16 appointing Betty Aillet as the City's representative to the Area Planning Advisory CoUncil of the Area Agency on Aging. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis and Neal Voting Nay: None Absent: Council Members Sparkman and Starich RESOLUTION APPOINTING MEMBERS TO THE FRIENDS OF WEST UNIVERSITY PARKS FUND BOARD: Consideration was given to Resolution No. 98-17. Mayor Fogler read the caption as follows: A RESOLUTION APPOINTING MEMBERS TO THE FRIENDS OF WEST UNIVERSITY PARKS FUND BOARD, A NON-PROFIT CORPORATION Resolution No. 98-17 appoints the following persons: Donna LaMond, Position 4 Chris Moretta, Position 5 Michael Koinis, Position 7 Sherry Gift, Position 8 Margaret Wallace, Position 14 A motion was made by Council Member Davis, seconded by Council Member Neal, to adopt Resolution No. 98-17. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Davis and Neal None Council Members Sparkman and Starich RESOLUTION APPROVING TRANSFER OF A CABLE TELEVISION FRANCmSE: Consideration was given to Resolution No. 98-18. Mayor Fogler read the caption as follows: 3 _ .!1'!YU: .;r~~~.'.~'~'-~~+.~_.. '., -~'~:." r" '"I .- "I ,"'1f"'!~;i!l"',~Hil'm~~~;'-:/Fi' 1:'--.-.--.-----.------ .. -- ---;----,----~--.~I-"'"l,..,-r:-;-..-o::---=-.:::tc:=-=---:~=';::;"-c,o:::=""=.=::-'---- A RESOLUTION APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT City Attorney Jim Dougherty addressed Resolution 98-18 which would approve the transfer ofthe City's cable television franchise from Time Warner Cable Entertainment- Advance/Newhouse Partnership to Texas Cable Partners, L.P. Pam Thorne, Vice President, Public Affairs, for Time Wamer Cable was present at the meeting to answer questions. A motion was made by Council Member Neal, seconded by Council Member Davis, to adopt Resolution No. 98-18. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis and Neal Voting Nay: None Absent: Council Members Sparkman and Starich RESOLUTION PROPOSING A TAX RATE AND SCHEDULING A PUBLIC HEARING: Consideration was given to Resolution No. 98-19. Mayor Fogler read the caption as follows: A RESOLUTION PROPOSING A TAX RATE AND SCHEDULING A PUBLIC HEARING; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Finance Director Walter Thomas reported that Resolution No. 98-19 proposes an ad valorem tax rate of $.42 per $100.00 of accessed value and calls a public hearing on the proposed tax rate for October 26, 1998. A motion was made by Council Member Davis, seconded by Council Member Neal, to approve Resolution No. 98-19. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis and Neal Voting Nay: None Absent: Council Members Sparkman and Starich 4 APPOINTMENT OF REPRESENTATIVE TO THE HOUSTON-GALVESTON AREA COUNCIL'S GENERAL ASSEMBLY: Consideration was given to the appointment of a representative and alternate to the H- GAC's 1999 General Assembly. A motion was made by Council Member Davis, seconded by Mayor Fogler, to appoint Cindy Neal as the City's representative to the Houston-Galveston Area Council's General Assembly and Cindy Sparkman as the alternate representative. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis and Neal Voting Nay: None Absent: Council Members Sparkman and Starich ZONING ORDINANCE (PDD-TH3): Consideration was given to the second and fmal reading of Ordinance No. 1599. Mayor Fogler read the caption of Ordinance No. 1599 as follows: 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. 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 Davis, seconded by Mayor Fogler, to adopt Ordinance No. 1599 on the second and [mal reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler and Council Member Davis Voting Nay: Council Member Neal Absent: Council Members Sparkman and Starich The motion carried. 5 .---,::::;.:".'-' "",>".,". r--!~ m.._~rl.'.. . !r....., ZONING ORDINANCE (PDD-TH4): Consideration was given to the second and final 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-FAMILY USE IN THE WESLA YAN 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 during the previous council meeting and recommended adoption of the Ordinance. A motion was made by Council Member Davis, seconded by Mayor Fogler, to adopt Ordinance No. 1600 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler and Council Member Davis Voting Nay: Council Member Neal Absent: Council Members Sparkman and Starich The motion carried. ORDINANCE ABANDONING AN UNNAMED STREET AND EASEMENT: Consideration was given to the fIrst reading of Ordinance No. 1603. Mayor Fogler read the caption of Ordinance No. 1603 as follows: AN ORDINANCE AUTHORIZING ABANDONMENT OF AN UNNAMED STREET RIGHT OF WAY AND AN EASEMENT LYING IN THE AREA BOUNDED BY BROWNING, BISSONNET AND WESLA YAN STREETS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1603, in the form proposed for adoption, were available in the Community Building. 6 "_'""__.c__:-,,_;:<<.;,;_~~ r'llm--" ,. '"("!'4'b",,'-:-lL ~ -::.. ~ -:-C~iIL11-: 11 J!~'~-:l . Mr. Dougherty reported that the City Staff just recently learned that there is an old City utility easement lying beneath the proposed new PDD- TH4 development on the "Eastern Star" site. It is about 1,172 square feet. The proposed replat would dedicate about twice the number of square feet for the same purpose. Ordinance No. 1603 would abandon the old easement and reauthorize the abandonment of the street. A motion was made by Council Member Davis, seconded by Council Member Neal, to adopt Ordinance No. 1603 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Davis and Neal None Council Members Sparkman and Starich ORDINANCE CALLING JOINT PUBLIC HEARING: Consideration was given to the first and final reading of Ordinance No. 1604. AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON REVISED PROPOSALS TO AMEND THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS RELATING TO TOWNHOUSES AND HIGHER DENSITY RESIDENTIAL USES (ATTACHED DWELLINGS); PRESCRIBING PROCEDURES AND NOTICES; PROVIDING THAT THIS ORDINANCE SHALL REPEAL AND REPLACE ORDINANCE NO. 1602, ADOPTED SEPTEMBER 28, 1998, INCLUDING THE TEMPORARY LIMITATION ON THE ISSUANCE OF BUILDING PERMITS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY The Zoning and Planning Commission did not submit their preliminary report. The City Council tabled consideration of this agenda item. BIDS FOR REPLACEMENT OF SCREW PUMPS: Consideration was given to bids received September 16, 1998 for the replacement of screw pumps at the wastewater treatment plant and recommendation to award a contract to Nunn Constructors, Inc. in the amount of $456,000. The following bids were received: Bidder Bid Amount T &C Construction, Inc. Nunn Constructors, Inc. $535,500 $456,400 7 Peltier Brothers Construction, Inc. LEM Construction Co. $518,000 $464,000 In July of 1998 the City Council authorized a budget transfer enabling staff to proceed with repair of Pump #1 at the City's wastewater treatment plant. In August, after determining that the pumps were beyond their useful life and economical repair was unfeasible, an additional budget transfer was approved establishing a total project budget of $662,000. The project budgetincluded$130,000 anticipated for 1998 and $532,000 to be included in the 1999 budget. On September 16, 1998, sealed bids were received for replacement of the screw pumps at the wastewater treatment plant. The specifications were prepared by Patrick Walters, plant supervisor, with the assistance of US Filter/CPC the original equipment manufacturer. In reviewing the bids it was determined that no exceptions were taken to the specifications by any of the bidders and all bidders complied with the bid requirements. A motion was made by Council Member Neal, seconded by Council Member Davis, to accept the staffs recommendation to award a contract to Nunn Constructors, Inc. in the amount of $456,400 for the replacement of the screw pump at the Wastewater Treatment Plant. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis and Neal Voting Nay: None Absent: Council Members Sparkman and Starich CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on September 14, 1998 (b) Regular Session conducted on September 14, 1998 (c) Town Meeting conducted on September 23, 1998 A motion was made by Council Member Neal, seconded by Council Member Davis, to approve the minutes as presented. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Davis and Neal None Council Members Sparkman and Starich 8 ?Sl:i"",,~':.",'ii.l '.!!.~,,"''';' ;~.~",,""~.if"J'~.. I linn ~~, ]__........."--'0.&.___ STAFF REPORT: The City Manager reported that the replasterlng of the pool at Colonial Park has begun. COUNCIL COMMENTS: Mayor Fogler commented that she had picked the colors for the remodel of the shower rooms at Colonial Park. 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 8:52 p.m. 9 _........ _ -----'-'-- _ .----...L..JJ..I ~... 1.:::IEc:J. _--------------i.....illl..l:. ~-------_-~m---.-----------.-----,-'T"':"~fIt'fl'~~I~-------------