Loading...
HomeMy WebLinkAbout121211R CC Min0 The City of West University Place A Neighborhood City CITY COUNCIL Bob Fry, Mayor Susan Sample, Mayor Pro Tern Ed Fleathcott, 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 regular session on Monday, December 12, 2011, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:30 p.m. Agenda items were as follows: Mayor Fry called the meeting to order at 6:30 p.m. Tem Sample, Councilmembers Heathcott, Johnson Lenz, Attorney Jolie Lenz with JRPB & Associates, Zoning and Planning Commission Chair Brown. Council and staff in attendance were: Mayor Pro and Yehle, City Manager Ross, City Secretary Police Chief Walker, City Planner Scarcella, and Councilmember Yehle led the Pledge. City Secretary Lenz confirmed that the Notice of the meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 1. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. There were no public comments at this time. Those who signed up to speak on particular agenda items requested to wait to speak at the time those items were discussed. 2. Policy on Cancellation of Elections Matters related to adoption of a policy regarding the cancellation of elections. City Manager Ross explained that Texas law states if candidates for an election are unopposed the election may be cancelled and the unopposed candidates declared the winners. He also explained that the current law requires any change in election procedures to receive preclearance from the United States Department of Justice and, as a result, any time the City proposes to cancel and election, preclearance from the Department of Justice is required. Mr. Ross noted, however, that the City can adopt a cancellation policy that would become part of the City's election procedures in order to avoid costly preclearance submissions in the future and he recommended the adoption of a resolution establishing a policy regarding the cancellation of general elections. Councilmember Yehle moved to adopt the resolution establishing a policy regarding the cancellation of general elections per the amended draft provided to Council. Councilmember Johnson seconded the motion. City Council Minutes, December 12, 2011 Mayor Pro Tern Sample asked if any other surrounding cities have adopted this type of policy. Attorney Lenz responded that this is a new requirement by the Department of Justice and so she is not sure if other cities have taken action or have had the opportunity to discover the issue. In response to Mayor Pro Tern Sample's question as to how much it cost to obtain preclearance, Ms. Lenz said other than being time consuming, there are really no cost involved. She said the main purpose of the policy is to eliminate having to get preclearance every time there is an uncontested election. With no more discussion, a vote was made on the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None 3. Town Center Ordinance Matters related to the consideration of an amendment to the zoning ordinance and zoning district map by changing the zoning district designation and creating a new zoning district designation for the tract of land located north of University Boulevard, east of Edloe Street, south of Rice Boulevard and west of Poor Farm Ditch. Mayor Fry opened the floor for public comments. Vernon Tyger, 9633 Longmont Drive, Houston, Texas (and property owner at 2932 Wroxton), spoke regarding his concerns over the proposed ordinance. He said he read in one of the newspapers that there was no opposition but in a survey he conducted over 80 percent of the people he approached was opposed to the proposed ordinance changes. Mr. Tyger also said keeping the 35-foot level, along with the other proposed changes, would allow the current landowners to rebuild in case of a catastrophe, however, a footnote indicates that the height restrictions allow up to three stories. He also voiced concern that a 3-story complex across the street from the elementary school will cause traffic problems and suggested that a traffic study be conducted. Mayor Fry reminded the public that this is a public hearing for those wishing to speak on this issue Joe Roche, 400 Rusk (Tranquility Park), Houston, Texas (Occupy Houston), said he was asked to attend by a resident and he just wanted to state that it is a known fact that 80% or so people who have children in West U Elementary School do not want a 3-story structure in that area. Erick Head, 400 Rusk, Houston, Texas, spoke to first say that cancelling elections, regardless of the reasoning, is undemocratic. In regards to the zoning issue, he said transparency is the issue and said if construction wants to be pursued by individuals in this City, let them look across the street from the said area and notice the temporary buildings outside the school, then let them beg the question as to whether a business or a parking garage would be more beneficial to the community than more classrooms. Benjamin Franklin, 400 Rusk, Houston, Texas, also spoke first regarding the cancellation of elections. He said the Supreme Court is currently examining the voting act and that Texas will almost certainly end up with a split primary because of this, so Council may well be wasting time on something that may become moot. Mr. Franklin said cancelling elections will break the patterns of elections and will encourage people to not pay attention. Page 2 of 5 City Council Minutes, December 12, 2011 Regarding the zoning issue, Mr. Franklin pointed out opposition to the Ashy high-rise and said, though the building issues concerning the Town Center are not on the same scale, there are still the same issues of privacy and skyline. He also said the main reason he is part of Occupy Houston is because of accountability and transparency because if there is no transparency and accountability of those making decisions, we cannot have any improvement and exercise our democratic rights. Kathy Fields, 2727 Talbert Street, spoke to say that she read about this issue in the newspaper and it was never mentioned how tall it would be, so she believes that there should be a little more discussion so that residents can be informed before any decisions are made. She also said she suspects this proposal will set a precedent and people will be able to build as high as they want throughout the City. Alan Hassenflu, 3701 Garnet, spoke to say that he is part owner of the property where the Compass Bank is located. He said if the City wants to redevelop the commercial along that corridor, the only way it will happen is by having the density that Mr. Frankel and others have put forward in the proposal. He said unless there is some type of density, the City will not be able to get anyone to purchase the adjacent facilities or get all five owners to actually coordinate and commit to doing something new because the properties are too expensive. George Boehme, 3005 Robinhood, spoke to say that he thinks it is a fabulous proposal and thinks Council should commend the committee of professionals for doing a great job and saving the City more than $100,000. He said he doesn't think there is anybody who can say that they have looked at the plan and disagree. Mr. Boehme said this is a tremendous proposal that cleans up an antiquated mess and he would recommend approval. Councilmember Heathcott said he certainly thinks it is a very good plan and great care was taken in selecting members serving on the committee that represented the various parties involved, including the neighbors across Poor Farm Ditch. He said we already have some structures in West University that exceed the 35-foot height and he doesn't see where that is an issue. He said he thinks it is a good proposal and thinks the City should proceed. Councilmember Johnson said, in response to an earlier comment that questioned the lack of transparency, the report has always stated all of things that are being discussed tonight and height requirements was always part of it, although it may not have been a leading factor in the newspaper. She said she agrees that the committee did a really great job. Councilmember Yehle said what needs to be looked at is why we are doing it and what is the product that is likely to come from it. He said there is currently no coherent sidewalk along Edloe Street and there won't be until something is done to the buildings. He also said there is a very inconsistent parking situation that needs to be addressed. Mr. Yehle said all those buildings have prior non-conforming status and it is Council's goal that prior non-conformance status (PNC) is awarded for certain reasons and at a certain time those are expected to be remedied and brought into current Code. He said sometimes you have PNC for a specific period of time and sometimes indefinitely until certain events happen. He said Council has realized that should there be a fire or some other damage to one of those structures that causes it to be substantially renovated, owners could not rebuild what's there without meeting the current Code, and if they did, they would lose half the square footage they have today. Therefore, he said, what we have done is gathered a multi- disciplined task force that has considered all things, including traffic, landscaping, trees, architecture, and what is commercially viable, and landed on a plan that would give the incentives for private owners to spend their own money, if they choose, to create a new Town Center along the plans that have been mentioned. He said the proposed ordinance is what it would take to Page 3 of 5 City Council Minutes, December 12, 2011 create an economically viable set of buildings at the Town Center. He said for those reasons and more, he thinks it is a good idea and it ought to be pursued. Mayor Pro Tern Sample stated that she would like to look at it further because, while there are a lot of things that do need to be cleaned up, she thinks that it is making it attractive for a developer to come in and make immediate changes, not only in case of an emergency. She said she personally doesn't believe that this needs to be voted on tonight. Councilmember Yehle spoke again to say that he failed to mention that from time to time over the last several years, individuals have come to the City with plans for one or more buildings along that corridor and said we've gotten dangerously close to considering those plans, but usually there would need to be a special exception or something for it to come to fruition. He said we need to have something on the books to virtually preclude the special exceptions from happening, because as soon as one building gets substantially renovated, the City will be locked into whatever is there and lose the opportunity to unify the streetscape. Mayor Fry spoke to say that this is the way the system works. He said the committee spoke to a lot of people and took into account virtually every possible interest group, especially the neighbors, and brought to Council a very thoughtful and thorough proposal. He said he would like to see a vote tonight on the first of two readings of the proposed ordinance and that the public hearing will remain open in order for the public to have another opportunity to speak before the vote on the second and final reading at the next meeting. Councilmember Dick Yehle moved approval on first reading the ordinance amending the zoning regulations regarding the Town Center Retail District. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: Sample Absent: None 4. 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 of November 14, 2011 and December 5, 2011. Mayor Pro Tem Sample moved to approve the Consent Agenda as presented. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None 5. Reports by Council/Staff Mayor Fry congratulated staff for the City receiving the Certificate of Achievement for Excellence in Financial Reporting, which is the highest form of recognition in government accounting and financial reporting. Page 4 of 5 City Council Minutes, December 12, 2011 6. Adjourn With no other business before Council, Councilmember Johnson moved to adjourn the meeting at 7:00 p.m. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None Meeting Adjourned. La A. Lenz, ..t M 3306 Date proved Page 5of5