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Home My WebLink About042202R CC Min CITY COUNCIL REGULAR SESSION MONDAY, APRIL 22, 2002 MUNICIPAL BUILDING COUNCIL CHAMBERS 3800 UNIVERSITY BOULEVARD 7:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers on April 22, 2002, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Public Works Director, Police Chief, Building Official and Utilities Superintendent were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 19 of April 2002 at 5:00 p.m. Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Les Albin, 3817 Southwestern, stated that the 80% rule for new home construction was not being enforced as it was envisioned when adopted by the Zoning and Planning Commission and City Council. Tom Caldwell, 3618 Tangley, requested that a tree or landscaping be installed instead of concrete at the end of the Edloe bridges. Introduction of ICMA International Exchange Program participant. City Manager Sherman Yehl introduced ICMA International Exchange Program participant Jozef Harvancik, City Manager, Karlova Ves District, Bratislava, Slovakia. Ordinance relating to swimming pools. Matters related to the second and final reading of Ordinance No. 1708. Mayor Lewis read the caption of Ordinance No. 1708 as follows: An ordinance relating to swimming pools; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject Copies of Ordinance No. 1708, in the form proposed for adoption, were available in the Council Chambers. City Council Regular Session, April 22, 2002 Public Works Director Michael Ross stated that under §6.563 of the Municipal Code, the setback distance of swimming pools was established as the “distance equal to the vertical depth of the pool that is nearest and adjacent to the line.” The wording of this ordinance is subject to misinterpretation and as a result inhibits the development of an adequate swimming pool setback from certain property lines. After reviewing several other city’s requirements for swimming pools, it was apparent the standard setback was five feet. Consequently, staff requested the Building and Standards Commission to review Subchapter H of Chapter 6 for clarity with an eye towards requiring a minimum five-foot setback from all property lines. After review and discussion, the B.S.C. recommended forwarding an amendment to City Council that would require a minimum setback of five feet from any property line and in addition would require a clear unobstructed walkway adjacent to the pool for at least 70% of the pools perimeter for life saving capabilities. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to adopt Ordinance No. 1708 on the second and final reading. Council Member Farley requested that the provision in Subsection (2) requiring that 70% of the perimeter of the pool be unobstructed be removed from the Ordinance. Other members of the City Council did not support the requested amendment. Mayor Lewis called for a vote. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Griffin and Jackson Voting Nay: Council Member Farley Absent: None The motion passed. Ordinance relating to prohibited activities at the Community Center, Senior Center and Library . Matters related to the second and final reading of Ordinance No. 1709. Mayor Lewis read the caption of Ordinance No. 1709 as follows: An ordinance relating to the Community Center, Senior Center and Library; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. 2 City Council Regular Session, April 22, 2002 Copies of Ordinance No. 1709, in the form proposed for adoption, were available in the Council Chambers. Police Chief Kevin Begley stated that during recent months a problem has developed in the area of the Community Center, Senior Center and Library involving congregating juveniles. The problem occurs after school hours when students leave the campus and congregate in the common areas and sidewalks outside the referenced buildings. The situation is exacerbated by a number of these juveniles engaging in skateboarding, roller- skating, or bicycling on sidewalks and in parking areas. This is a very congested area with heavy vehicular and pedestrian traffic. Juveniles engaged in these activities create a serious safety hazard and have a negative impact on the ability of residents to enjoy the facilities. Ordinance No. 1709 has been prepared to prohibit these activities in the area of the Community Center, Senior Center and Library. A motion was made by Council Member Farley, seconded by Council Member Jackson, to approve Ordinance No. 1709 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Ordinance relating to parking for storage. Matters related to the first reading of Ordinance No. 1710. Mayor Lewis read the caption of Ordinance No. 1710 as follows: An ordinance relating to parking for storage; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject Copies of Ordinance No. 1710, in the form proposed for adoption, were available in the Council Chambers. Chief Begley reported that section 545.302 of the Texas Transportation Code prohibits parking a vehicle on a sidewalk. For many residents enforcement of this law does not present a particular problem. However, there are residences with garages and driveways insufficient to accommodate the vehicles owned and driven by persons residing there. Some persons were able to park their vehicles in their driveway, but they partially or totally blocked the sidewalks. These persons’ only other alternative was to park in the street. However, the current Ordinance 13.039 prohibits them from parking vehicles in the street overnight. The effect was that the residents were placed in the position of choosing between two violations. Residents need to be able to reasonably utilize 3 City Council Regular Session, April 22, 2002 driveways and streets adjacent to their property to park their cars without being forced into a law violation. The proposed ordinance amendment eliminates the prohibition against parking in the street overnight, thereby providing a legal parking alternative which will allow most residents to park their vehicle(s) in the street instead of parking in their driveway in such a manner so as to block the sidewalk. The amendment further limits a public street from being used for long-term storage of vehicles by prohibiting a vehicle from being parked in the street for more than 72 consecutive hours. A motion was made by Council Member Jackson, seconded by Council Farley, to approve Ordinance No. 1710 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Ordinance calling joint public hearing. Matters related to the first and final reading of Ordinance No. 1711. An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding outdoor lighting; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency City Attorney Jim Dougherty reported that the Zoning and Planning Commission would like to postpone calling the joint public hearing on this proposed amendment. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to table consideration of Ordinance No. 1711. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Wastewater Treatment Plant permits. Matters related to authorizing the Assistant City Manager/Public Works Director to sign Wastewater Treatment Plant permit related documents. 4 City Council Regular Session, April 22, 2002 Mr. Ross reported that the signatory authority for the Wastewater Treatment Plant Permit Application and associated documents is the highest elected official of the municipality. In the past this signatory authorization has been granted to the position of Director of Public Works. The TNRCC has requested a letter of authorization for the Assistant City Manager / Director of Public Works to sign these documents or the application to be signed by an elected official. The Staff believes it would be more effective to assign this signatory responsibility to a member of staff with direct responsibility for the processes involved. A motion was made by Council Member May, seconded by Council Member Griffin, to authorize the Mayor to sign a letter designating the position of Assistant City Manager / Director of Public Works to sign permit applications and associated documents in regard to the City’s Wastewater Treatment Plant. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Date change for City Council meeting. Matters related to changing the date of the Council meeting scheduled for May 27, 2002. A motion was made by Council Member Farley, seconded by Council Member Jackson, to change the council meeting date from May 27 to May 20, 2002. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on April 8, 2002. A motion was made by Council Member May, seconded by Council Member Farley, to approve the minutes as presented. 5 City Council Regular Session, April 22, 2002 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Council comments. Council Member Griffin commented that the West University Rotary golf tournament always falls on a council meeting date. She requested that the date be changed. She also addressed Mr. Albin’s comment regarding the 80% rule. She asked how he was measuring the home and if he included the porch. Council Member Farley recognized the Boy Scouts attending the meeting. Mayor Lewis commented that one of the children that designed a poster for the Arbor Day celebration won first prize in the district. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Farley, seconded by Council Member Jackson, to adjourn. The Regular Session adjourned at 8:04 p.m. 6