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HomeMy WebLinkAbout051010R CC MinThe City A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember of West University Place 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 regular session on Monday, May 10, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:30 p.m. Agenda items were as follows: CALL TO ORDER: Mayor Kelly called the meeting to order at 6:35 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Guffey, and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, Police Chief Walker, Parks and Recreation Director O'Connor, and Fire Chief Ralls. Mayor Pro Tem Fry 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. 1. Star Citizen Awards Jennifer Gatto, Daryl Hoover, and Kara Samples will be recognized and presented with a Star Citizen Award for their volunteer efforts involving co-chairing the 2010 Park Lover's Ball. Parks and Recreation Director O'Connor presented and recommended that Jennifer Gatto, Daryl Hoover and Kara Samples, be the recipients of this year's award for their exceptional volunteer contributions to the 2010 Parks Lover's Ball, which netted in excess of $165,000 that will completely underwrite a 3,000 square foot play structure at the new Recreation Center. Mayor Kelly presented Star Citizen Awards to Ms. Gatto, Ms. Hoover, and Ms. Samples. 2. Motorcycle Safety and Awareness Month Proclamation Matters related to a proclamation designating May 2010 as Motorcycle Safety and Awareness Month in the City of West University Place, Texas. Mayor Kelly read a proclamation proclaiming May 2010 as Motorcycle Safety and Awareness Month in West University Place, Texas and he presented the proclamation to a group of Harley riders touring cities to promote motorcycle safety. 3. Public Hearing Relating to 5800 Kirby Matters related to a public hearing to hear comments for or against amending 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), more fully described as Lots Two and Three in Block Four of the Tangley Place subdivision. City Council Minutes, May 10, 2010 Mayor Kelly opened the public hearing at 6:47 p.m Reid Wilson, counsel for Bob Orkin, who is the representative for the owner of the property at 5800 Kirby Drive, he said the project started in October, they have met with staff, the Zoning and Planning Commission, and the neighborhood, as well as held a public hearing with Council a couple months ago. He said, subsequently, the Zoning and Planning Commission unanimously recommended approval of this zoning change. Mr. Wilson stated that other than the parking issue, he hasn't heard of any other concerns regarding this site or its uses. He said everyone agrees that a restaurant is an appropriate use and the proposed site plan is conforming. Mr. Wilson said today there is not a problem with the operation of the Shipley's in regards to parking; however, they have made an offer to restrict the property to specifically prohibit employee parking in the adjacent area. He said the restriction has been signed and tenured to the City attorney and that the restriction would be enforceable by the City. Mr. Wilson said the other issues raised in the context of this rezoning have not related to this site or this use, but rather related to concerns about adjacent properties, particular the Meineke Muffler shop, which is not directly adjacent to this property. He said there have been concerns that this would be a spot zoning, but the City Attorney has stated that this would not be spot zoning. He said there has also been concerns that there would be a precedent set if the Pot Belly's rezoning that is being proposed is approved, but the City Attorney has also stated that is not the case. Mr. Wilson said there have also been statements that this particular site would be better developed as townhouses, yet City staff has observed that this is not a strong townhouse site and, in fact, the townhouses that have been built on Kirby Drive have not been successful. Bob Orkin, General Partner of the Landlord, Kirby Retail Fund, spoke to say he feels that he is a good owner and neighbor and said he does not anticipate selling this property. He said he wants to make it better and upgrade the facility. Bill Brownfield, 3314 Sunset Boulevard, expressed his support of the zoning change. He said he has been in commercial real estate for over 30 years and have known Bob Orkin for at least 15 of those years and knows you can trust what Mr. Orkin says. Mr. Brownfield said regardless of how the site is zoned, he personally feels it will not work for townhomes. He said he thinks it is a great site for a restaurant and will add to West U's sense of community and tax base. David Kyle, 2622 Tangley, said years ago City Council made a decision that the property between Tangley and Plumb, that affronts Kirby, should be zoned townhomes. He said it is his feeling that was done wisely to look after those residents who live on Lake and abut the Kirby properties. Mr. Kyle said that the City Council at that time had something positive.in mind. He said he has nothing against the business or the owners of the property, he just thinks that West U is known as a bedroom community and he would like to see that idea reinforced. Bob Creager, 2728 Tangley, said he would like to see the property at 5800 Kirby improved, but doesn't think townhouses would be economically feasible at that location. He said if Council is going to change the zoning, he thinks the tenant being proposed is a quality tenant and it will be a significant improvement to the property. However, he said he does share concern regarding the parking and thinks there should be some restricted parking. 2of10 City Council Minutes, May 10, 2010 Councilmember Boehme asked Mr. Creager to confirm whether he is in support of the zoning change to which Mr. Creager said yes. He explained to Mr. Creager that the applicant is requesting commercial zoning that allows other uses, such as a 35-foot office building or a liquor store. Mr. Creager said he wouldn't support either one of those uses. Councilmember Boehme said that is the problem with this proposal. Councilmember Segal said one of the primary reasons he voted against calling this public hearing was because he felt it was premature to do so, because we have ongoing studies with respect to both PNC status and to the overall zoning issues. He said he suggest postponing in order to develop criteria and possibly some subcategories of zoning so that we have some control over what we're doing. Janet Castevens, 2619 Tangley, spoke to say her home is hugely impacted by traffic and she is concerned about the parking and trash that will come into the neighborhood with this proposed tenant. She also said there are many townhouses along the way that are not facing Kirby that are successful. Steve Kirker, 6630 Belmont, said he grew up in West University Place and said the best use for that land is commercial. He said he has known Bob Orkin for 20 years and said he is rock solid and will bring West U a first class product, as well as increase the tax base. Margaret LaCokie, 3935 Rice Boulevard, said she supports Mr. Orkin's venture and thinks that Pot Belly's is going to be an excellent addition to the neighborhood. She also said that she appreciates the fact that the employees will not be parking on the street. Eddie Lang, 2621 Wroxton, spoke to say that he also supports the proposed application for rezoning and Pot Belly's. Mr. Wilson spoke again to address some of the public comments, particularly to Councilmember's Boehme's comments that an office building or a liquor store could be built on the property if the rezoning is approved. He said because the size of the site and the amount of parking that will be required, it is very unlikely that there will ever be an office building or liquor store built on the site. Mr. Wilson suggested that Council approve this proposal and then amend the zoning ordinance afterwards to make it more restrictive. Councilmember Boehme said he is all for what the applicant is proposing, but what they are asking for today is more than what the picture shows. He said they are asking for unencumbered commercial zoning and he wishes we had a lesser zoning category that had a greater limitation of uses. He told Mr. Wilson that he can say that he wouldn't build the other things, but the fact is he could and no restrictions are being offered to prohibit those uses, which he thinks many people are legitimately concerned about. He said he has been in the business long enough to know that you don't zone people, you zone land. Mr. Wilson stated that they are willing to allow restrictions against a liquor store if that's Council's desire. Councilmember Boehme said Council can't negotiate these things as contract zoning. He said many of these concerns have been telegraphed and that they have had the opportunity to meet with the homeowners to come up with something to take away some of the concerns. 3of10 City Council Minutes, May 10, 2010 Councilmember Boehme said Council is being asked to pass something a whole lot more than a one- story restaurant zoning and that is what concerns him. He said this is a wide-open cumulative zoning category that offers a whole lot of uses. Councilmember Segal said he has trouble with Mr. Wilson's statement that it is better to do this one spot zoning and then deal with the other properties. He said he thinks it is better to look at the options we have with zoning and address all of this at once. Mr. Wilson said part of the problem is that tenants do go away and time does kill the deal. He said this is a PNC site and Mr. Orkin prefers to go forward with the tenant who has stuck with him for about a year. He said the alternative would be to just renovate the existing building, which is not as focused. Mr. Wilson requested a decision on this project In regards to uses pertaining to that site down the road, Mayor Kelly asked what authority would the City Council to affect those uses. City Attorney Petrov said the permit application to make whatever improvements are planned will be dependent upon the zoning in affect at the given point in time. He said in this case, for example, the property is zoned for townhouses and so they have applied to change the zoning and so if the zoning changes to commercial and they decide later they want to build an office building or a retail facility, they will not have to come before Council to do so. City Attorney Petrov said he thinks what is being requested is to modify the commercial to allow their project to be built and then Council revisit the issue to come up with a lesser zoning classification that would prohibit other types of commercial uses. Mayor Kelly said so they are asking us to do what they want to be done now and then later limit the uses. Mayor Kelly said this deal could die and the next people that might come along could be a liquor store or the two-story office building. He said we have the opportunity to say what is going to be there and then limit it to that. City Attorney Petrov said the option on the table now has been recommended to change the zoning to commercial, which opens the door to any multitude of commercial projects. He said because something could happen that would require Mr. Orkin to sell the property, and if that does happen there is no guarantee for the use of that property. Councilmember Boehme said Mr. Wilson and Mr. Orkin could have brought forth deed restrictions with these offensive uses and we would be in a different place. He asked Mr. Peifer if there is anything that legally binds them to the site plan with the use they have presented to us once it is zoned commercial. Mr. Peifer said anything which is acceptable by the commercial zoning ordinance can be built there, including a liquor store and a two-story office building. Councilmember Boehme asked if this passes today is there anything that provides the neighboring residents any protection that a one-story restaurant will actually be built there. Mr. Peifer responded no. Mayor Kelly asked the City Attorney if he understands correctly that this property is not being zoned in perpetuity and that there could be a council action later that could affect it. 4 of 10 City Council Minutes, May 10, 2010 City Attorney Petrov said Council can change any zoning in the City anywhere at any time as long as it done through the proper process. Councilmember Segal said if the ordinance passes, the property will be zoned fully commercial and there could be a buyer that wants to do something else and make an offer that the applicant can't refuse and we need some protection against that. He suggested postponing this matter until we can see a resolution that protects us. Councilmember Boehme asked Mr. Peifer if he sees the need for a lesser commercial zoning category. Mr. Peifer said there hasn't been an overwhelming need, but as far as the zoning ordinance goes, as it exists today, there is very little room for flexibility. Mayor Kelly asked what would be the timing if we passed this ordinance a to allow them to do what they want to do and what they say they want to do and then change the ordinance later. City Attorney Petrov said it would have to go back to the Zoning and Planning Commission so that they can make a preliminary report and there would need to be public hearings at the ZP&C and Council levels. He said it would be similar timing to what this has already gone through, which has been several months. Mayor Kelly said we have an opportunity here for a tenant that is very reputable and one that will be a good tax provider for the City. He reiterated that if we keep putting it off, the offer may go away. Councilmember Boehme said the Pot Belly's representatives have every opportunity, if they want it, to go and put in the legal protections that can protect the community from the things we're concerned about. He said they have had the option to do that and for whatever reason, they have not and so the monkey is on their back, not ours. Mayor Pro Tern Fry asked Mr. Wilson why they didn't include the protections. Mr. Wilson stated the only concerns they have heard from the public was relating to parking, which they have addressed. Councilmember Boehme said he doesn't think people realize what can be built there once it is zoned commercial. Councilmember Guffey said he loves West University Place and there is no where you can live that doesn't have some problems. He said we need to do this, because if the appraisals continue to decline, we are going to need tax income and he doesn't want his taxes to increase in order for residents not to have people parking in front of their homes. Mr. Wilson said they have made an offer to deal with the issues of parking that is legitimate and enforceable, which prohibits employee parking within 500 feet from the boundary of the property. He pointed out that employees will not be prohibited from parking on site. Mr. Orkin stated that the tenant has also secured contract parking for employees off-site that will more than adequately cover their employees. Councilmember Boehme suggested that this case be held under advisement to give the applicant an opportunity to digest some of these concerns and give them an opportunity to talk to the community again. He moved to hold this under advisement until the June meeting and to keep the public hearing open. Councilmember Segal seconded the motion. 5of10 City Council Minutes, May 10, 2010 Mayor Kelly said there is an ordinance on the agenda to rezone this property, so if we were to close the public hearing, we can vote yes or no. He said if we do not close the public hearing, we would not be able to vote on the ordinance tonight. Councilmember Guffey said again that he thinks we need to go ahead and get this done. Mayor Pro Tern Fry said there has to be some element of trust and said he thinks these guys deserve an answer from us, but said he thinks we need to leave it open in order to get some answers to concerns brought up by Councilmember Boehme. Mayor Kelly said we owe these people a decision tonight. He said we have had enough public hearings for people to come in and voice their concerns. He said it seems we have in some way blindsided these guys tonight with these new issues, particularly since there has been no outcry about these issues. He said he understands what the Lake Street and Tangley resident's problems are, but said those issues will be there no matter what goes there, so he will be in favor of the ordinance. Mayor Kelly said he doesn't see any sense in putting off the ordinance and said just because we close the public hearing doesn't mean that you can't vote against the ordinance, but at least it lets the applicant knows where we stand. He said to send them back to the streets is not going to solve the problems. Councilmember Segal stated that he thinks the mayor has missed the point made by Councilmember Boehme, which is to try and find a way to protect us so that the Pot Belly will be built and we won't be at risk with something else being built there. He said talk about future changes to zoning would not affect something that happened with the property now and so the suggestion is that they return with protection options, which will result in the building of the Pot Belly's without the risk of something else being built on that property while we work to correct the zoning issues on a city-wide basis. Mayor Kelly asked the City Attorney if the applicant agrees to the restrictions, would they have to go back to the Zoning Board. City Attorney Petrov advised that the applicant would not have to go back to the Zoning Board. He said they have already offered to self restrict with respect to parking, so if they wanted to add some additional restrictions voluntarily and advise the City that they have done so, they are able to do so. Councilmember Boehme said if the applicant comes back to Council with restrictions to the other uses, he will be all for building Pot Belly's by the site plan they provided. To confirm the next public hearing date, Mr. Peifer inquired about the suggested June date as Councilmember Boehme stated in his motion. Mayor Kelly said he wanted the public hearing set for the next Council meeting and moved to amend the motion by Councilmember Boehme to keep the public hearing open and to continue the hearing at the May 24, 2010 City Council meeting. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 6 of 10 City Council Minutes, May 10, 2010 A vote was made to the original motion by Councilmember Boehme and second by Councilmember Segal as amended. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 4. 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. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing once the hearing has been closed. There no public comments at this time. Ordinance to Rezone Property at 5800 Kirby Matters related to the first reading of an ordinance to Rezone the property located at 5800 Kirby Drive from PDD-TH2 (Planned Development District-Townhome District Two) to C (Commercial) Zoning District. Due to the hearing remaining open for the opportunity for additional comments from the public at the May 24, 2010 meeting, no discussion or action was taken relating to this item. 6. Memorandum of Understandinq (MOU) Matters related to an MOU between the City of West University Place and West University Place Aquatics Club in regards to youth summer swim team programs. Parks and Recreation Director O'Connor presented this item and introduced Melanie Vincent, current president of the West U Piranhas Swim Team. He said the MOU between the City and the West U Piranhas has been prepared in order to formalize the relationship between the two entities and to clearly define the roles and expectations of each, as well to protect the best interest of both entities. Mr. O'Connor said staff recommends that City Council authorize the city manager to direct the Parks and Recreation Director to execute the Memorandum of Understanding between the City and the West University Place Aquatics Club Piranhas Swim Team. City Attorney Petrov pointed out a couple minor changes to the MOU that were not included in the one provided in the Council meeting packets. Mayor Pro Tern Fry moved to accept the MOU as amended. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 7. Public Safety Facility Expansion Matters relating to a "not to exceed amount" contract to Tellepsen Builders, LP, for construction of the public safety facility expansion project. 7 of 10 City Council Minutes, May 10, 2010 City Manager Ross presented and stated that Tellepsen has received all the competitive bids on the proposed work and is prepared to begin construction. He said staff is asking Council to authorize the city manager to execute a contract with Tellepsen in an amount not to exceed $5,832,175 for the construction phase services of the project. Councilmember Guffey asked how is it that Southside Place built a bigger facility for half the cost. He said from the beginning he has objected to the extremely expensive project. He said the cost doesn't make sense, because Southside was able to build a 12,000 square foot facility for $3.6 million and ours is 11,000 square feet for almost $7 million. Councilmember Boehme said he doesn't think using Southside Place is a benchmark because he doesn't believe its comparing apples to apples. Councilmember Guffey said we looked at other buildings and they were all the same thing and said this should cost about $300/square foot not $600/square foot. A representative from Tellepsen spoke to say that though he doesn't have the numbers in front him, he doesn't believe it is $600/square foot. In response to Councilmember Guffey's request, City Manager Ross said he will get the details and cost figures from Southside on their bottom line. Councilmember Boehme stated he has to believe that what they have at Southside is basically an office with a couple of cells, which is not what we are building. He said Southside is a much smaller city and will not have the emergency preparedness equipment we will and so doesn't think it is a fair comparison. Mayor Pro Tem Fry moved to authorize the city manager to execute a contract with Tellepsen in an amount not to exceed $5,832,175 for the construction phase services of the project. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 8. 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. • City Council Minutes Approve City Council workshop meeting minutes of April 23, 2010 and regular meeting minutes of April 26, 2010. • Municipal Setting Designation Matters related to a resolution supporting the application of CR V Hardy Yards, L. P., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 1400 Fulton Street, Houston, Texas, and execution of the corresponding Indemnity Agreement. • Ordinance Revisions Relative to Development Services 8 of 10 City Council Minutes, May 10, 2010 Matters related to ordinance revisions updating both references and insurance requirements as suggested by the Building and Standards Commission and consider an ordinance on the first of two readings. Mayor Pro Tem Fry moved to present the Consent Agenda as presented. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None 9. Reports by Council/Staff A. Report on Texas Municipal Retirement System. Councilmember Segal gave a presentation of his Texas Municipal Retirement System Advisory Committee meeting held on Thursday, May 6, 2010 and provided an update on the legislative proposals that are in process and hopefully will be resolved by the committee's August 27, 2010 meeting with the TMRS Board. Councilmember Segal reported on the three current issues discussed by the committee: (1) The proposed restructuring of the fund. The proposal is to merge the Municipal Accumulation Fund (MAF), Employee Savings Fund (ESF), and the Current Service Annuity Reserve Fund (CSARF) into one fund. Currently the MAF has $5.9 billion, the ESF has $4.2 billion, and the CSARF has $5.5 billion. When an employee retires, the money comes out of the MAF and goes into the CSARF, which immediately drains the MAF. Our percent funded and our contribution is based on the relationship of that to the unfunded liability; and so the smaller our MAF is, the more problems we have. The main reason for developing the fund merger is to reduce current volatility and risk and create a leverage that will go in favor of the fund and benefit both the employees and the cities. Currently $660 million has been set aside as reserves (4 percent), which is projected to grow to 20 percent and will be used to smooth out increases and decreases in the market so that cities won't be hit with a higher contribution rate when the market is down. If the funds are merged, only a 7 percent reserve is estimated to be required. (2) Creating a new Cost of Living Adjustment (COLA's). It is being proposed to allow for additional COLA's, which hasn't been defined, and to be able to do it on an ad hoc basis. Currently, if you drop the COLA, you can't reinstate it without retroactively bringing the person back up, which is costly. He said the thought behind this proposal is that if someone has to drop it, you want them to be able to come back. (3) A second tier pension plan for newly hired employees. This concept has so many different aspects and views it will be very hard to get something before the committee that they can recommend and get consensus on before the August meeting with the TMRS Board. B. Report on recent CenterPoint customer gas charge increase. 9 of 10 City Council Minutes, May 10, 2010 Councilmember Guffey reported on a comparison he did between the former rates and the increased rates. He said after review, he has concluded that the increase is not excessive in comparison to the labor and utility operating cost index change over the period. With no further business before the Council, Councilmember Boehme moved to adjourn the meeting at 8:20 p.m. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None ting Adjourned. ~ j rep y:--~ ~f Y j • ~ ~'Jn;a Yom. , ~7 ^1 al A. Lenz, City Secretary Date Approved: r 10 of 10