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HomeMy WebLinkAbout080999R CC Min CITY COUNCIL REGULAR SESSION AND JOINT PUBLIC HEARING MONDAY, AUGUST 9, 1999 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 August 9, 1999, with the following members present: Mayor Lewis presiding, Council Members Ballanfant, Bertini, Grubb and May. The City Manager, Assistant City Secretary, City Attorney, Public Works Director and Police Chief were also present. Resident Susan Broome delivered the invocation and led the Pledge of Allegiance. PUBLIC HEARING: A Public Hearing was held before the Zoning and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearing was to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City’s Zoning Ordinance, as follows: An amendment to Section 12-102 to allow prior non-conforming ("PNC") status for some encroachments (setbacks) into yards that might otherwise violate the ordinance. Members of the Zoning and Planning Commission present at the meeting were: Chairman Charles Nelson, Byrlan Cass-Shively, Marilyn Griffin and Larry Kelly. The public hearing was called to order by Mayor Lewis and Mr. Nelson at 7:40 p.m. Mr. Nelson began with an explanation of the proposed amendment to Section 12-102, of the zoning ordinance, which deals with prior non-conforming issues. He stated that the proposed amendment addresses trivial or non-major issues that might be in conflict with current zoning ordinances. The objective is to provide some flexibility for the City Staff when they review issues that are non-conforming to the existing zoning ordinance as opposed to bringing it before the Zoning and Planning Commission or the Zoning Board of Adjustment.. Mr. Nelson stated that a formal, final recommendation would not be made at this time. The commission will seek input to be considered at a later meeting of the zoning and planning commission. The commission will then come back to Council with a final report. In order to ensure understanding of the proposal, Mr. Nelson read through the ordinance, while providing explanatory comments on various items. City Council Regular Session, August 9, 1999 Members of the public were invited to ask questions or speak concerning the proposed amendment. Arthur Hirdler, 6416 Community, commented that there may be some extreme cases which should be taken into consideration. As an example, he explained that the carport on his own property, built in the 1950's or 60's, extends over the property line. Mike Neal, 2616 Pemberton, requested that further consideration be given to certain issues pertaining to the proposal. Mr. Neal commented that there are statutory requirements, which should be considered, as well as, the legal implications, namely in aggregating the responsibility from zoning board of adjustment to a city building official. He also mentioned that prior non-conforming status needs to be clarified and requested that the commission be mindful of the possibility of survey error. Ned Ross, 3410 Robinhood, spoke against the proposed amendment. Mr. Ross expressed his concerns regarding the renovation of his 1934 home, which is of non-conforming status. He stated that he would like to see the commission air on the side of leniency with existing housing stock. Mr. Ross also mentioned that the problem is not with structures that are already in existence but with new structures that can potentially get out of compliance. Mayor Lewis asked the commission for clarification on certain issues regarding the proposal. She briefly summarized her understanding of the proposal's intent and asked questions based upon possible scenarios. Council Member Grubb questioned whether the commission was trying to create a mechanism where the building official could give approval rather than having the homeowner go to the Zoning Board of Adjustment, make application and wait for approval. Mr. Nelson replied that that was correct. City Attorney Jim Dougherty explained that the proposal is primarily aimed at existing structures and allowing them to remain in their existing locations. He suggested that the commission may also want to look at whether or not enlargement and extension issues, which are dealt with in another section of the ordinance, tie into the proposed amendment. All statements, exhibits and documents will be made a part of the official record of this hearing. No written comment cards on this topic were given to the Assistant City Secretary. There being no more persons wishing to be heard, the public hearing closed at 8:05 p.m. 2 City Council Regular Session, August 9, 1999 CITIZEN COMMENTS: Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Arthur Hirdler, 6416 Community, presented two letters. A letter dated July 27, 1999 thanked Council for their positive response to his requests made in his letter dated December 9, 1998. Another letter requests that the July 12, 1999 Regular Session Minutes be modified to indicate his “disappointment with the City Council. . .” rather than indicating he was demanding a response . Ken Hoffman, 4212 Ruskin encouraged City Council to accept Metro's offer to provide extra police to enforce traffic laws on West U's busiest streets. Mike Neal, 2616 Pemberton, spoke in favor of all the positive issues of the proposed ordinance — encouraging the rehabilitation of older homes and streamlining and speeding the process — but encouraged Council to be careful in their considerations. Council Member Ballanfant suggested that Mr. Neal consider discussing the issue further with the Chairman of the Zoning and Planning Commission. RESOLUTION: Consideration was given to Resolution No. 99-15. Mayor Lewis read the caption as follows: A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS IN OPPOSITION TO THE PROPOSED PORT OF HOUSTON AUTHORITY BAYPORT CONTAINER FACILITY AND IN FAVOR OF A REGIONAL PORT CONCEPT FOR GALVESTON BAY. A motion was made by Council Member Bertini, seconded by Council Member May, to table Resolution No. 99 -15 pending further information. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members Ballanfan, Bertini, Grubb and May Voting Nay: None Absent: None STORM SEWER REPAIRS: Matters related to the authorization to bid repairs to storm sewer pipes. 3 City Council Regular Session, August 9, 1999 Public Works Director Ed Menville and Consulting Engineer Dieter Ufer reported that isolated intersection flooding resulted in efforts to have storm sewer lines serving these intersections cleaned. The extensive use of Closed Circuit TV to determine cause of the ponding of water revealed blockages resulting from sediment and debris. The viewing also showed signs of line deterioration which will require some pipe replacement but mostly cure-in-place rehabilitation (trenchless construction). At present these lines are functioning at less than desired capacity and need to be rehabbed in order to re-establish pipe structural integrity and flow capabilities. Lines effected by this work are located in the 3800 block of Oberlin Street, the 3800-3900 blocks of Riley Street and on College Street between Villanova and Oberlin. The estimated cost for this work is $400,000. A motion was made by Council Member Ballanfant, seconded by Council Member May, to accept the staff's recommendation to authorize Claunch & Miller Engineers Inc. to proceed with advertisement for bids. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb and May Voting Nay: None Absent: None DESIGN OF PRIORITY AREAS 7B, 8 AND 12 : Matters related to the authorization to proceed with the preparation of plans and specifications of Priority Areas 7B, 8 and 12. Mr. Menville explained that on June 21, 1999 the Council conducted a Town Meeting in order to determine if residents would support an accelerated infrastructure improvement schedule. Based on comments from those attending that meeting and a financial review of the schedule, it has been concluded that the City should proceed with plans to accelerate the program. It was concluded that acceleration of such improvements would result in the remaining infrastructure work being completed approximately four years earlier than originally scheduled. The scope of work includes: 7B Water $766,000 Sanitary Sewer $1,848,000 Paving & Drainage $5,247,000 8 Sanitary Sewer $3,220,000 Paving & Drainage $5,530,000 12 Paving & Drainage $4,700,000 4 City Council Regular Session, August 9, 1999 These areas would be bid in late 2000 with work scheduled to begin in early 2001. The estimated project cost of these improvements is $21,311,000. A motion was made by Council Member Ballanfant, seconded by Council Member May, to accept staffs' recommendation to authorize Claunch & Miller Engineers Inc. to proceed with preparation of plans and specifications for infrastructure improvements in Priority Areas 7B, 8 and 12. Council Member Bertini requested that the Director of Public Works inform the Council and the citizenry as to whether members of the staff received any encouragement as to the designation of the next areas to be promoted for infrastructure repair. Mr. Menville stated that he and other members of his staff did not receive any level of encouragement. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini and May Voting Nay: Council Member Grubb Absent: None CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on July 19, 1999 (b) Regular Session conducted on July 19, 1999 A motion was made by Council Member May, seconded by Council Member Grubb, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb and May Voting Nay: None Absent: None STAFF REPORT City Manager Sherman Yehl reported that the STEP nominations were submitted prior to the 5 p.m. deadline for the two projects relating to City Center and Edloe street. Staff should hear sometime in November on the status of the projects. A meeting is scheduled for Tuesday, August 11 at 7:00 p.m. with Southside Place residents to discuss the conceptual plans. 5 City Council Regular Session, August 9, 1999 COUNCIL COMMENTS: Council Member Bertini commended all the members of the Traffic Task Force and those who attended the first meeting. He commented that it was an excellent first meeting. Mayor Lewis thanked the staff for submitting the application for the STEP. ADJOURNMENT: With no further business to come before the City Council at this time, the Regular Session adjourned at 8:35 p.m. 6