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HomeMy WebLinkAbout042803R CC Min CITY COUNCIL REGULAR SESSION MONDAY, APRIL 28, 2003 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on April 28, 2003, with the following members present: Mayor Lewis presiding, Council Members May, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Fire Chief and City Planner were also present. Council Member Farley was absent. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 25day of April 2003 at 6:00 p.m. Formal Session Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Darlene Staffa, 3127 Tangley, stated that she lives 2 blocks off Buffalo Speedway and when the street work began her house started vibrating and now that the work is complete her house is still shaking and the brick on her house is cracking. She asked if there was anything the City staff could do to help her. Jeanie Eymontt, 3019 Pittsburg, addressed concerns about the property and the home being built at 3030 Pittsburg (6447 Vanderbilt). She stated the neighbors feel that this property is a rotated corner lot and should have a 10-foot side yard and no fence. The plans for the new home that were submitted to the City show a set back on Vanderbilt of only 20 feet but the majority of the homes on Vanderbilt are set back at least 30 feet. John Neighbors, 2809 Wroxton, spoke to the City Council about property tax exemption for seniors. He stated that this item should be discussed with the next council and during the budget process with input from the Finance Director. Certificates of obligation. Matters related to certificates of obligation including Resolution No. 2003-04. Mayor Lewis read the caption of Resolution No. 2003-04 as follows: City Council Regular Session, April 28, 2003 A resolution authorizing publication of notice of intention to issue certificates of obligation. Finance Director Walter Thomas reported that this bond issue is the last step in funding the infrastructure replacement program. The program began in 1995 and the City is now about six bond issues into the program and with this bond issue the City will end up spending about 87 million dollars. The action the Staff is requesting is a resolution declaring the City’s intention to issue the certificates of obligation. After that the citizens have a time period to comment or even derail the issue. A motion was made by Council Member Jackson, seconded by Council Member May, to approve Resolution No. 2003-04. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Griffin and Jackson Voting Nay: None Absent: Council Member Farley Building envelope area (formerly “framed area”). Matters related to building envelope area (formerly “framed area”) including Ordinance No. 1737 Mayor Lewis read the caption of Ordinance No. 1737 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas regarding “building envelope area,” also called “framed area;” and containing findings and provisions relating to the subject. Copies of Ordinance No. 1737, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno stated that on March 10, 2003 the City had a public hearing concerning amendments to the framed area ordinance and those comments resulting from that hearing were taken back to the Zoning and Planning Commission (ZPC) meeting and new amendments were developed. Dick Yehle, a member of the ZPC, reported that the proposal is one to restore the spirit of the 80% rule by refining the definition of framed area. The ZPC does not see this as a fundamental change but just a concept that is necessary to preserve the relative sizes of houses in a sympathetic way since the City has quite a diverse housing stock. The issue is of most consequent to small lots, 50 x 100 feet, and because these lots are allowed to put 4000 square feet of house on them which typically means 2000 square feet on each level. The problem is that in practice the 80% rule has been used by creative architects to create 2 City Council Regular Session, April 28, 2003 a two-story house that might have 2400 square feet on the second floor and only 1600 square feet on the ground floor and the effect of that is to present a house that visually looks like a house that might be 4800 square feet or twice the area on the second floor. The situation arises because the ordinance relies on the definition of framed area to determine how the calculation is made and that definition did not anticipate the impact of building over air space. The ZPC is now suggesting that the definition needs to be strengthened and the name changed to “building envelope area” so everyone more clearly understands what is intended. The definition will not reduce the maximum allowable size of a house but if someone wants to utilize air space then they will have to adjust their design and sacrifice some space somewhere else. Mr. Yehle stated that the ZPC was concerned that the result of these changes could be monolithic box shaped houses for those that wished to maximize the square footage so they created an incentive to encourage architectural features to provide some sort of relief and will allow small exceptions like bay windows or inset doorways that would break the lines of the houses. A motion was made by Council Member Griffin, seconded by Mayor Lewis, to approve Ordinance No. 1737 on the first reading, for discussion purposes only. Council Member Jackson stated that if the proposed amendment was not going to change the 80% rule then why do anything. Mr. Yehle stated that the designs were putting more square footage upstairs and creating a bigger image of more bulk and mass of the house. Council Member Jackson asked what was the problem with the house looking bigger. Mr. Yehle commented that the 80% rule was not just to minimize square footage or to set a cap but is also to set a cap at how big a house appeared because if you have a big house next to a small house then it is problematic. Council Member May commented that he still found a conceptual problem with the idea that a breezeway from the second floor of a house to the garage, which you can not even see until you get back in the driveway, makes the house look bigger. Mr. Yehle stated that the ZPC feels the house needs to be considered from all angles. It is not just about the streetscape but what the neighbors see from the side. Council Member Griffin inquired about porches in the front and back yard. Mr. Yehle stated that single story porches are not counted but what is counted are porches that support a room above them. The ordinance would encourage open porches. 3 City Council Regular Session, April 28, 2003 Mayor Lewis commented that she had a problem with the language of the proposed ordinance and that she sees the City Staff having problems with reviewing plans and applying the ordinance. Mayor Lewis called for a vote on the motion. A vote was taken on the motion with the following result: Voting Aye: None Voting Nay: Mayor Lewis, Council Members May, Griffin and Jackson Absent: Council Member Farley The motion failed. Street renaming (Fairmount/Fairmont Street) Matters related to street renaming including Ordinance No. 1738. Mayor Lewis read the caption of Ordinance No. 1738 as follows: An ordinance approving, designating and renaming a street; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1738, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Ron Wicker reported that recently, there has been some confusion regarding a street name in the City. For several weeks, staff has had numerous conversations with Mr. McCoy, who resides at 5424 Fairmount Boulevard in Priority Area 12, regarding the street name on Fairmount Boulevard. Mr. McCoy is the only residence in West U, whose house faces on Fairmount Boulevard. In February of 2003, staff began a traffic sign update for Priority Area 12. As part of this project, all the street name signs were updated to meet the new requirements in the Manual of Uniform Traffic Control Devices. At that time it was determined that the legal name for the street was Fairmount Boulevard; not the previously posted name of Fairmont Street. Subsequently, the proper name was installed. Mr. McCoy has requested that the City legally change the street name from Fairmount Boulevard to Fairmont Street. The Fairmont Street sign has been in place for several years, with most City records showing Fairmont Street. A motion was made by Council Member Griffin, seconded by Council Member Jackson, to approve Ordinance No. 1738 on the first reading. 4 City Council Regular Session, April 28, 2003 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Griffin and Jackson Voting Nay: None Absent: Council Member Farley 3700 block of University Boulevard. Matters related to bids received for the construction of the 3700 block of University Boulevard drainage facilities and street improvements. The following bids were received: Bidder Bid Amount Contractor Technology, Ltd. $695,998.40 Conrad Construction Company, Inc. $957,313.25 rd Mr. Wicker reported that on April 23 the City received and opened bids for the infrastructure reconstruction on the 3700 block of University Boulevard. This is a two- phased project, with the first phase being the infrastructure reconstruction on the entire 3700 block of University. As bid, this project is planned to commence and coincide with the end of the current school year, May 30, 2003, to be completed prior to the start of the next school year, August 18, 2003. The project will involve primarily drainage and street replacement. The specifications are structured to provide a $3,000.00 per day penalty for delay in completion of the project, but also provide a daily bonus in the same amount, not to exceed $45,000.00. The project also includes transportation enhancements that will be completed during the summer school break in 2004. At that time the overall project will be completed with the addition of pavers, plants, lighting, etc. The transportation enhancement portion of the project is funded through the Texas Department of Transportation. th Mr. Wicker stated that a public hearing has been set for May 7 at 6:00 in the public works lunchroom. A motion was made by Council Member May, seconded by Council Member Jackson, to award a contract for infrastructure reconstruction of the 3700 block of University Boulevard to Construction Technology, Ltd. in the amount of $695,998.40. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May and Jackson Voting Nay: Council Member Griffin Absent: Council Member Farley 5 City Council Regular Session, April 28, 2003 The motion passed. Drainage. Matters related to drainage, including a preliminary engineering report from Claunch & Miller on the College Avenue storm sewer improvements, a recommendation from the Drainage Committee and related matters. Mr. Wicker reported that on September 9, 2002, the City Council approved a contract with Claunch & Miller, Inc. to prepare a Preliminary Engineering Report, to address drainage concerns in the College Avenue Area in response to requests made by concerned citizens in that area. The Preliminary Engineering Report was funded in the amount of $95,000.00. Current budget estimates to complete the work outlined in the Preliminary Engineering Report is $4.0 to 4.5 million dollars. The total cost of this project will depend on ultimate sizing, participation by others and project timing. Previous conceptual solutions were not feasible, i.e. draining the College Avenue area to Kilmarnock. The recommended solution, if implemented, should provide needed drainage capacity for the study area. Mr. Wicker introduced Michael Vandewater from Claunch & Miller. Mr. Vandewater presented a power point presentation on the preliminary report. Members of the Drainage Committee Denis Powers, Denise Beck and Steve Pollard were present at the meeting. Mr. Powers stated that the Committee was recommending that the preliminary report submitted by Claunch & Miller, Inc. be accepted and implemented on a timely basis. A motion was made by Council Member Griffin, seconded by Council Member May, to approve the preliminary engineering report and authorize the City Staff to move forward with the appropriate agencies to continue work. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Griffin and Jackson Voting Nay: None Absent: Council Member Farley Mayor Lewis thanked everyone for giving their time and being a part of the process including Art Storey and Mike Talbot of the Harris County Flood Control District. Staff report. rd City Manager Michael Ross reminded everyone that Saturday, May 3 is Arbor Day and Public Works Day from 10:30 to 2:00 p.m. at Colonial Park. 6 City Council Regular Session, April 28, 2003 Council comments. Council Member Griffin commented that several intersections with Bissonnet may be problematic and she has given this information to the City Manager. Mayor Lewis thanked the Staff for getting the columns finished on the bridges. The City Council recessed the Formal Session to convene in Informal Session at 6:55 p.m. Informal Session Water rate analysis. Matters related to a water rate analysis and a proposed contract. Finance Director Walter Thomas stated that as was indicated in the approved 2003 operating budget, there is a strong need for a water and sewer rate study to determine the appropriate current and future fees. One of the sources of funds for the Infrastructure Replacement Program is the Water and Sewer Fund. Since 1996 the City has issued $18 million in bonds that are supported by Water and Sewer revenues. By December 31, 2002, $17,390,000 of these bonds were outstanding. Debt Service on these bonds has grown from $0 in 1995 to $1,337,060 in 2003. To finance this added financial commitment, water rates were increased in 2001 and the 2003 Budget assumed another rate increase. Covenants in the outstanding bonds require the Water and Sewer Fund to generate net revenues at lease equal to at least 110 percent of the average annual debt service on the bonds. In 2002 the City’s net revenues amounted to $889,000, the average annual debt service was $1.2 million. The Water and Sewer Fund has sufficient reserves to meet its debt service obligations for 2003 and 2004, but rates must be increased in 2003 to ensure that the Fund remains stable into the future. Since there are no further bond sales anticipated for the Water and Sewer Fund, debt service is expected to remain stable into the foreseeable future. Accordingly, staff is recommending that a water rate analysis be performed before adjusting the rates to provide the needed funds. A water rate analysis provides details about who uses water and how the associated costs of service delivery are allocated among the various types of users. The analysts will recommend a rate structure based on current operating costs, debt service and future capital needs. The study will also provide the basis to make future increases when or if they become necessary. The City’s last water rate analysis was completed before the Infrastructure Replacement Program. Mr. Thomas stated that the City Staff conducted interviews with two firms, which have experience in providing water rate analysis. One of these firms, Black and Veatch, has extensive experience in water rate analysis for Texas cities. Their clients include Sugar 7 City Council Regular Session, April 28, 2003 Land, Houston, Dallas, San Antonio, Austin and others. The estimated fee for the analysis is $48,000. Larry Beard from the firm of Black & Veatch stated that he had 30 years of experience in water and wastewater utility rate consulting. A rate study basically consists of 3 elements. The first element is a financial plan or forecasting what the City’s revenue and expenditure obligations are and to determine whether there are sufficient revenue and if there is not sufficient revenue, the study will tell how much rates need to be raised on a year-to-year basis. The second part of the study is to do a cost of service analysis and the purpose of that is to determine what customers or customer classes should pay what portion of the cost of the water and sewer systems. The third element of the rate study would include the rate design and rate structure to produce the proper amount of revenue. Council Member Griffin asked that in looking at all of the information would it not be better to wait until the other two infrastructure areas have been completely replaced. Mr. Beard commented that part of their process is forecasting for the next 10 years and part of the benefit of the study is that they restructure the capital financing for the City and tell you what projects are going to cost and take into account inflation. Council Member Griffin commented that her concerns were that the City has all of this information here at the City other than what the weather is going to do and how much rain flow there will be. She asked what more Black & Veatch could provide the City then what can be done in-house by collecting data, looking where the water is used and looking at past history. Mr. Beard stated that there are a lot of issues, policies, trends and practices that he is aware of that can be offered to the City as an alternative. Mayor Lewis stated that she understood that the City has a problem in terms of rates producing the revenue that is needed to balance the Enterprise Fund but why is the Staff not able to do the same projections as Black & Veatch. Mr. Ross stated that the Staff does not have the knowledge or expertise to adjust rates to the residents without an expert’s recommendation. The increase would just be an arbitrary number. Council Member May asked if Black & Veatch would adjust their scope of services so that the City Staff could take on some of the work that they are able to do. Mr. Beard stated that his company could certainly work with Staff and let the Finance Director do part of the work. Mr. Ross suggested that the Staff negotiate a revised scope of services to see what is the maximum work that Staff can do to reduce the cost. 8 City Council Regular Session, April 28, 2003 This item will be placed on the next regular session agenda. Re-subdivision of lots. Matters related to the re-subdivision of lots, including possible amendments to the Zoning Ordinance and other ordinances and a site on the northwest corner of Buffalo Speedway and Carnegie. Council Member May stated that some time ago he was asked by a resident for some help concerning his lot that he would like to re-subdivide into two lots. The lot is 100 wide by 150 feet deep and subdividing is not allowed under the zoning ordinance if one of the resulting lot dimensions is less than 75 feet of width or less than 110 feet of depth. After discussion of this item, the City Council agreed that Council Member May would submit his request to the Zoning and Planning Commission for review. Tax exemption. Matters related to the over-65 exemption from ad valorem taxation. Council Member Griffin stated that the Manager for Senior Services asked her if she would investigate the possibility of an increase in the over-65 exemption. She stated that she spoke with the Finance Director who reported that the last increase was in 1992 and since then the values of the property in West University Place have doubled. In checking on the tax ramifications of doubling the senior exemption, the assessed values for new construction alone would cover the increase. Council Member Griffin stated that the proposed change would have to be at the Harris County Appraisal District in August. Mayor Lewis stated that the timing was inappropriate and requested that this item be delayed until the next council takes office. Council Member Griffin requested that this item be placed on the next regular session for formal discussion. Quarterly report. Matters related to the first quarter report (from staff), including City finances, operations, etc. Mr. Thomas reviewed the first quarter report with the City Council. Board or Commission meetings. 9 City Council Regular Session, April 28, 2003 Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety, Senior Services, Recycling & Solid Waste Reduction and Drainage Committee) including reports from Council liaisons. Council Member Griffin commented that she was at heavy trash day and they had almost 1000 cars use the service provided. Inquiries, requests and complaints. The City Council reviewed matters received from the public and referred them to the appropriate department or will 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 Member Jackson, seconded by Council Member May, to adjourn. The Council meeting adjourned at 8:19 p.m. 10