Loading...
HomeMy WebLinkAbout062899S CC Min . , CITY COUNCIL WORKSHOP SESSION MONDAY, JUNE 28,1999 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Blvd.) on June 28, 1999, with the following members present: Mayor Lewis presiding, Council Members Bertini, Grubb and May. The City Manager, City Secretary, City Attorney, Police Chief, Finance Director, Fire Chief, Parks and Recreation Director and Public Works Director were also 'present. Council Member Ballanfant was absent. AGENDA REVIEW: The City Council reviewed the regular meeting agenda and discussed items under consideration with the Staff. REPORT FROM RECYCLING BOARD: Members of the Recycling and Solid Waste Reduction Board reported on activities and related issues. Members present at the meeting were Rick Jenkins, Allen Gunter, April Rapier, Ray Kelley and Steven Stelzer. Mr. Jenkins reported that the Board would like to get better signage for the Recycling Center because people were leaving trash that did not belong. All recyclables are now being accepted curbside in West University but only number 1 and 2 plastics. He stated that the City of Houston is working on a program to accept hazardous waste and the West University Elementary School science classes are interested in getting more involved with Earth Day. REPORT ON BUILDING REGULATIONS: Matters related to building regulations and related issues. City Manager Sherman Yehl reported that in early 1998, the Building & Standards Commission presented a work plan to the City Council. The work plan included an examination and review on building standards that do not promote sufficient quality, are offensive to the City's Good Neighbor policy, fail to meet a reasonable cost/benefit standard and discourage quality development. The BSC held regular meetings on these issues and presented an initial report to the City Council on the proposed revisions. They were also. going to review residential construction specification and report these findings to the Council. The BSC is now requesting clarification to 1) proceed with their original work plan and submit a report on the proposed revisions; 2) modify the report based on the comments I, .,111 I ~!In fT"""""'r1~ , nlliI ,,,. ;',lid<,jl:.lrr - --- ~ --'.':"'~""mmftllrll'll!l'lrl'~'" received at the public meetings; or 3) submit no report at all. Whether or not the City Council adopts revisions to the Standard Codes Schedule, the City should adopt the latest edition of the construction codes, including the new International One- arid Two-Family Dwelling Code. The City is currently using 1994 code editions. Mr. YeW stated that based on a preliminary review of the draft residential construction specification revisions, the enforcement of such regulations would require additional staffing of between one and three full-time building inspectors. While Building Inspections is currently self-supporting, i.e., revenues from permits and licenses are expected to exceed expenditures by $38,750, support from the General Fund would be required. If the City Council desires to accept the recommendations of the BSC, a full review of the cost impact of these changes should be prepared. The City Council agreed that the Building and Standards Commission should not continue with the revisions of the Standard Code Schedule but should proceed with the. adoption of the current code editions, including the adoption of the new International One- and Two-Family Dwelling Code and to improve the quality of homes in West University by conducting better inspections. ANIMAL RECREATION FACILITY: Matters related to the creation of an official City board for the Animal Recreation Facility and a request for a loan in the amount of $1 0,000. Cindy Neal, 2616 Pemberton, reported that the Animal Recreation Facility Group has been meeting to discuss designs, rules, and regulations since November, 1998. The Group is now looking at developing a distinct identity. The members believe that two ways to facilitate that identity is to be designated a formal board by the City Council and to establish a 501(c)(3) not-far-profit corporation. From a fundraising point, restricted contributions made to the City are tax-deductible as well. It is estimated that the construction of the ARF will cost approximately $25,000 - $30,000. It is anticipated that a good portion of the expenses will be addressed through donated labor and materials. The group anticipates doing some fundraising and membership fees could raise $8 - $12,000 annually. Annual maintenance costs of the ARF are believed to be minimal. Mrs. Neal presented a synopsis oftheprocess the group has taken. Also included was a proposed design of the facility.andminutes from the last meeting. The City Council recessed the Workshop Session at 7:30 p.m. The Workshop Session reconvened at 8:03 p.m. The City Council continued its discussion of the Animal Recreation Facility. 2 Numerous questions were raised concerning the City's liability and safety issues. The City Council agreed to review the presented material and research information on animal recreation facilities in other cities. The City Council requested that the ARF Group consider leasing the property from the City in order to minimize the City's involvement. STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM: Matters related to an application for funding through the Statewide Transportation Enhancement Program. Mr. YeW reported that earlier this year, the State announced the availability of $128 million in funds under the STEP program. This program, funded by federal road and use taxes, must have a direct relationship to the surface transportation system and meet one of 12 eligible categories for funding. The City is working with transportation consultants Wilbur Smith Associates to develop an appropriate nomination for funding. While the nomination is not due until August 9, 1999, it must be submitted by mid-July for review by the Houston-Galveston Area Council. This program will require a 20% local match in funding. The main purpose of the proposed enhancement prpject is to improve the functional aspects of the City's existing pedestrian system by providing continuous routes and more direct and convenient links to the City Center area. The intent is to encourage more walking and bicycle trips versus short-term automobile trips to reduce local traffic volumes and parking demand in the City Center area. Pedestrian-level lighting has also become a high priority in the community and the proposal provides for improved lighting to increase security which would encourage more walking and bicycle trips as well. Several higWy visible pedestrian crosswalks and more clearly defIned street-side parking areas are also proposed Mr. YeW presented an itemized budget and preliminary design schemes. The City Council approved the initial concept as presented and authorized the staff to proceed with the STEP nomination and present the final nomination package for Council consideration at the next meeting. KILMARNOCK DITCH: Matters related to a maintenance agreement with the Harris County Flood Control District regarding the Kilmamock Ditch. 3 Mr. YeW reported that the Kilmamock Ditch is an open, minimally improved, drainage ditch that extends 6,500 ft. south from the south right-of-way line of Bellaire Blvd. to Brays Bayou. The ditch was built in an easement -60 ft. in width and is located just east of the railroad tracks separating West U from the City of Bellaire. Harris County constructed KilmarnockDitch in the 1940's as a means to improve storm water runoff for both West U and Bellaire. By formal agreement Harris County agreed to build the ditch if West U would purchase the right-of-way. Since then, there has been debate over who would maintain the ditch on a regular basis. In the past the. Harris County Flood Control District has performed maintenance. In 1997 staff met with representatives from HCFCD to discuss continuing maintenance responsibilities. HCFCD claims no responsibility for. the ditch although they have agreed to maintain it until proper ownership or an appropriate agreement could be established. A recent survey, in addition to establishing exact boundaries of the ditch, shows added use of the ditch by the Cities of Bellaire and Houston, and HCFCD. Part ofAyshire Subdivision, east of the channel, diverts storm water into the channel and a 90"storm sewer pipe, located on the east side of the railroad tracks, ultimately drains into the ditch just south of Thoede's Auto Supply. Either Harris County or HCFCD built this particular pIpe. Numerous complaints from residents along the ditch have prompted City staff to try and reach some agreement with HCFCD for regular maIntenance of the ditch. On May 20, 1999 a meeting was held with Art Storey of the Harris County. Public Infrastructure Department to discuss maintenance of Kilmarnock Ditch. It was suggested by Mr, Storey and agreed by all present that there should be a simple agreement executed between the City and HCFCD, which would place responsibility with HCFCD to maintain the ditch. City Attorney, Jim Dougherty contacted the HCFCD legal staff and prepared a maintenance agreement based upon a previous agreement of the same type between HCFCD and Harris County. After discussing the agreement with HCFCD legal staff, Mr. Dougherty made some changes to the agreement, and there was also a follow- up discussion. As things now stand, the HCFCD legal advisor appears to be unwilling to recommend the proposed agreement because of technical legal reasons or, perhaps, County Attorney's office policy. Instead, the legal advisor would rather develop a different type of agreement which could involve dedication or conveyance of the property to HCFCD. Such an approach would be very cumbersome to develop since several governmental entities would be involved. Staff of HCFCD has been advised of the. County Attorney's position and City staff will follow-up with the Harris County PID. In the meantime, HCFCD will continue to provide routine maintenance to the ditch. 4 -,-_.,',.=...._.;"'-~,,.,,..,, '. -----~..-~-----c.-f7"'!'''Trr.rrlllftnr;mln'rn.lr;rr~... ABANDONMENT OF UTILITY EASEMENT:. Ma.tters related to the abandonment ofa utility easement in the 5500 block of Kirby between Sunset and Nottingham. Prior to the discussion of this. item, Council Member Grubb filed an "Affidavit of Substantial Interest" with the City Secretary. He did not take part in the discussion of this item. Executive Vice President J. Cliff Green and President and CEO Richard Jochetz of Tanglewood Bank were present at the meeting. Mr. YeW reported that Tanglewood Bank has secured the right to construct anew bank at 5500 Kirby Drive. The site fronts on Kirby and is bounded on the north and south by Sunset Street and Nottingham Street respectively. In order to construct the bank the 10' utility easement, which runs east and west through the center of the tract, must be abandoned. Before abandonment can occur the. value of the easement must be established by appraisal. Luedemann and AssocIates. has completed an appraisal and is of the opinion that the fair market value of the property is$20.00/sqft. The easement to be abandoned, because of its importance to the entire tract, would have a value of75% of the fair market value of the entire site or$15.00/sqft. An easement along its west most property line offered in exchange would have a value of 50% of the fair market value of theel1tire site or $lO.OO/sqft. In determining what actioIl council should take with regard to the exchange, four options were identified 1. Abandon the easement arid. have the City receive payment of $27,000, plus related fees 2. Accept an easement of equal dimensions and receive payment for the difference in value of $9,000, plus related fees. 3. Accept an easement sized to produce a value equal to the easement to be abandoned and be reimbursed for related fees only. 4. Accept an easement of 2,100 square feet and payment in the amount of $6,000.00 In 1992, the City installed new waterand sewer utilities in this area in the streetright.;.of- way and therefore does not have need for an additional easement at this time. Ina.ddition, any ea,~ernel1tthe City acquires needs maintenance. Mr. YeW stated that it is staffs recommendation that option 1 be accepted and-the City receive payment for the fair market value of the easement and fees related to the appraisal and abandonnient. 5 ."-'o-),,,~-'" <"'O<""'<'"..,.-=.~_""",. ..~ ~'~__", >.'~<. '.> ", ..1 ,.1'1< , ,1.11I11.. II 1],,1 I lI~lJ IU. .. ,u",hill..-r" .. .. .. I 'T ll'r,rllnnrnrnrm'l'lm;~ After a complete discussion of this item, the City Council agreed that Tanglewood Bank could either accept option 1 or exchange the easement for one located along Kirby Drive frontage and pay an additional $6,000 reflecting the difference in value of the easement based on the appraisal. MATTERS RELATED TO THE PENDING OR CONTEMPLATED T,lTTGATTON OR A SETTLEMENT OFFER AND THE PURCHASE. EXCHANGE.T,RASR OR VALUE OF REAL PROPERTY: House and two lots at Colonial Parkk11bwn as 4120 Byron. Closed Executive Session to beheld under Sections 551.071 and 551.072 Texas Govemnient Code. The City Council convened in Executive Session at 10:07 p.m. with the following memhers present: Mayor Lewis presiding, Council Members Bertini, Grubb and May. The City Manager, City Secretary and City Attorney were also present. The City Council closed the Executive Session at 10:32 p.m. and convened in open seSSIOn. A motion Was made by Council Member Bertini, seconded by Council Member May, to authorize the City Manager and City Attorney to proceed as per the discussion in Executive Session. A vote was taken on the motion with the following result: Voting Aye: MayorLewis, Council Members Bertini, May and Grubb Voting Nay: None Absent: Council Member Ballanfant INOUIRIES. REOUESTSAND COMPLAINTS: 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.Me1Ilber Bertirri, secondeclby Council Member Grubb, to adjourn. The Workshop Session adjourned at 10:4Qp.m. 6