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Home My WebLink About080811R CC Min®rd 0 The City A Neighborhood City CITY COUNCIL Bob Fry, Mayor Susan Sample, Mayor Pro Tem Ed Heathcott, Councilmember Joan Johnson, Councilmember Dick Yehle, Councilmember 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 special and regular sessions on Monday, August 8, 2011, in the Municipal Building, 3800 University, West University Place, Texas beginning at 6:00 p.m. SPECIAL WORKSHOP (BEGINNING AT 6:00 IN THE CONFERENCE ROOM) CALL TO ORDER Mayor Fry called the meeting to order at 6:00 p.m. Council and staff in attendance were: Mayor Pro Tem Sample, Councilmembers Heathcott, Johnson, and Yehle, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, and Police Chief Ken Walker. Workshop agenda item was as follows: 1. Real Estate Matters related to the 1.0874 acres of City-owned property on Westpark, between Wakeforest Street and Dincans Street. Mayor Fry moved to recess the Workshop and convene into Executive Session in accordance with Sections 551.071 (consultation with legal counsel to seek or receive legal advice) and 551.072 (discussion about value or transfer of real property or other real estate matters) of the Texas Government Code. In Executive Session were the mayor and council, city manager, assistant city manager, city attorney, city secretary, and Marshall Clinkscales, the City's real estate agent. At 6:30 p.m., Councilmember Yehle moved to close the executive session and reconvene the workshop session. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None With no action taken, Councilmember Heathcott moved to adjourn the workshop. Mayor Pro Tem Sample seconded the motion. MOTION PASSED. of West University Place Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None City Council Minutes, August 8, 2011 Absent: None REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items were as follows: Call to Order: Mayor Fry called the meeting to order at 6:32 p.m. Council and staff in attendance were: Councilmembers Heathcott, Johnson, Sample and Yehle, City Manager Ross, Assistant City Manager/Public Works Director Peifer, City Secretary Lenz, City Attorney Petrov, Police Chief Walker, and Chief Building official Brown. Pledge of Allegiance: Councilmember Heathcott led the Pledge of Allegiance. Confirmation of Notice: City Secretary Lenz confirmed that the Notice of the special and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. 2. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. There were no comments from the public. 3. Ordinance Relating to Basements Matters related to revisions to the ordinance related to basement construction specifications. Chief Building Official Brown presented this item and provided some background. He said there had been previous construction of basements in the City and that the construction methods were not sufficient and actually caused damage to some adjacent properties; so, the question came up as to whether or not the City wants them and, if so, how they should be controlled. Mr. Brown said the previous Council instructed the Zoning and Planning Commission (ZPC) and the Building and Standards Commission (BSC) to research and discuss our options and bring back a recommendation to Council. He said the ZPC and the BSC got together and came back with a recommendation of a 200 square feet maximum space that could only be used for mechanical equipment and storage, which includes a wine cellar. Mr. Brown said by limiting it to 200 square feet or less, it is not required to have any type of emergency egress when it's used for mechanical equipment or storage. Mr. Brown said the proposed ordinance is very well thought-out and is based upon research and consultation with engineers and soil experts. He said staff and the BSC have tried to apply the same theory of the foundation design to the basement design, while trying to limit the costs so as to not make construction of a basement too expensive. Mr. Brown said after meeting with engineers and soil experts, staff took all the information and drafted an ordinance that includes all the required parameters. Mayor Fry confirmed with Mr. Brown that the previous Council approved the construction of basements, it was given back to the ZPC, the BSC and staff for further review and now specific criteria has been drafted for people who want to build basements. Page 2 of 4 City Council Minutes, August 8, 2011 In response to Councilmember Yehle's question as to whether the minimum depth test boring of 30 feet is 30 feet from the surface or 30 feet from where the bottom of the basement would be, Mr. Brown answered 30 feet from the surface. Councilmember Yehle asked Mr. Brown if he would characterize the proposed minimum 8 inch walls and minimum 8 inch floors as average. Mr. Brown said it is average for this area. Councilmember Yehle observed that the International Resident Code (IRC) calls for sump pumps and the ordinance has a requirement for an emergency power supply for a 200 square foot room. He asked if this was practical for such a small area. Mr. Brown said the thought process was that if the power was off and we were having a flooding event, it would be prudent to have a back-up power source for those sump pumps. He also said the generator can be small and inexpensive but some residents are opting for whole-house back-up systems. Councilmember Yehle said that the proposed ordinance denies the use of the gas-fired appliances and asked if that includes water heaters and furnaces. Mr. Brown answered that furnaces and water heaters can be used, but not those that are gas-fired to address the safety issue of gas accumulating in a small, enclosed space. At this time, Councilmember Johnson moved to approve an ordinance of the City Council of the City of West University Place, Texas amending Appendix C - Technical Codes, of the Code of Ordinances of the City of West University Place, Texas, by adding a new Subsection C-104, 11, relating to basement construction and containing findings and provisions relating to the subject. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None 4. Westpark Property Lease Agreement Matters related to amending the lease agreement for the 1.0874 acres of City-owned property on Westpark, between Wakeforest Street and Dincans Street. City Manager Ross pulled this item from the agenda. 5. 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. A. City Council Minutes Approve City Council minutes July 25, 2011. B. Municipal Setting Designation Matters related to a resolution supporting the application of HCG Block LLC to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 811 Main Street, Houston, Texas and execution of the corresponding Indemnity Agreement. Page 3 of 4 City Council Minutes, August 8, 2011 C. Resolution in Support of Bacteria Implementation Group Matters related to a resolution in support of proposed Implementation Plan for total maximum daily loads for bacteria in the Houston-Galveston region developed by the Bacteria Implementation Group (BIG). Councilmember Heathcott moved to approve the Consent Agenda as presented. Mayor Pro Tem Sample seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None 6. Reports by Council/Staff Mayor Fry commented that all the members of this Council have attended seminars in Austin by the Texas Municipal League for newly elected officers. He said this is by far the most informed Council to take office. 7. Adjourn With no other business before the Council, Councilmember Heathcott moved to adjourn the meeting at 6:49 p.m. Councilmember Yehle seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: No ~ ,EEBi A' ` O a Meeting adjourned. • P Prepared By: - a r ti Thelma A. Lenz, City Secretary r Date Ap` oved Page 4 of 4