HomeMy WebLinkAbout030915 CC MinThe City of West University Place
A Neighborhood City
ctT'COUNi
STAFF
Bob Fry, Mayor
Nobel Ross, City Manager
Susanecoro
41en CiryAMmry
uumimmlem
EElleaWCon, Couoclmember
aLnro
Thelma Lev; Ciry Seuetuy
Olck Yablc, COw¢ihvanber
CITY COUNCIL MEETING MINUTES
The City Council of the City of West University Place, Texas, met in a regular meeting on Monday,
March 9, 2015, in the Municipal Building, 3800 University. West University Place, Texas beginning at
6:30 p.m.
Agenda Items were as follows:
Call to Order. Mayor Pro Tend Sample called the meeting to order at 6:30 p.m. in the Council
Chambers. Council and Staff in aftendance were: Councilmembers, Heathmtt, Johnson and VeMe,
Assistant City ManagerlPublic Works Director offer. City Secretary Lenz, Police Chief Walker, Fire
Chief Taylor, City Planner Scaroella, and City Attorney Petrov. Mayor Fry and City Manager Ross
were absent.
Councilmember Johnson led the Pledge of Allegiance.
Secretary Lenz confirmed that the Notice of the workshop and regular meetings was duly posted in
accordance with the Texas Government Code, Chapter 551.
1. Nan -5'nale Family District Z Tina Reaulations
Matters related to the second and final reading of an ordinance to adapt proposed amendments to
the Zoning Regulations governing the Non - Single Family District areas in the perimeter and Town
Center areas of the city. Note: The public hearing on this matter has been closed and no
further comments from the public are permitted. Recwnmended Action.. Approve announce N
adopt proposed amendments In the Zoning Regulations governing the Nan Single Family Ols4M areas in Me
perimeter and Town Center areas of the city on second and final reading
Councilmember VeMe moved to approve the ordinance to adopt proposed amendments to me
Zoning Regulations governing the Non Single-Family District areas in the perimeter and Town
Center areas of the City on second and fine) reading. Councilmember Johnson seconded the
motion.
Before the vote was taken, Counclimember VeMe said he wanted to make the fallowing comments
to Council and to the audience:
• There is a legal opinion that the City is obligated to follow to contact the rights of applicants
due to a previous ZBA hearing whereby the applicant was aggrieved that after Me hearing
was closed people were still commenting and their right to counter the argument had
already been exhausted. He said it is probably not the way everyone would like for it to
happen, but those are the rules.
City Council kiln Wes, March 8, 9115
• This vote is just not solely about me Town Center, but rather about three important elements
of the Code. They are:
o Changes to the general commercial wtle that updates the language of that code and
reaffirms various parts of it as being the type of code residents would want applicable
to the City;
o Changes to the zoning for a small portion of West U along lorry that:
• establishes the entire block between Plumb and Tangley as being zoned
commercial (currently, most of the block is zoned! for townhomes), and
• modifies provisions governing townhomes in the area between Plumb and
University and makes it more desirable for developers to build townhomes In
the area; and
o wn
Establishes a special zoning district for me To Center, i.e. the area bounded by
Poor Farm Ditch, University, Etlloa and Rice plus the first lot north of that area
(where the bank and Tint's 415 is) but not the parking lot next b Tint's its. The
provisions for that area would only be applicable to buildings when they lose their
Prior Non - Conforming (PNC) status. He said some of things this zoning change will
cause to pass inciude;
• Head -in perking along Etlloe will be banned In favor of parking behind the
buildings;
• New buildings must be no taller than two stories and be brought forward
toward Etlloa to create space for the parking;
• A sidewalk will be established along the east side of Edloe to facilitate and
encourage pedestrian traffic;
• Various buffering provisions will apply to the rear -padding areas to protect the
residents east of Poor Farm Ditch:
• New buildings will be limited to M feet, which will include anything that is on
the roof; and
• Any machinery, on the roof will have to be screened.
Councilmember Yerle said there has been a lot of information and misinformation floating around
about what this means. He said effectively there are about 45,000 square feet of space in the Town
Center area, but R this ordinance passes, at a maximum basis r could only increase by about 6
percent; so, there would be about the same square footage that is there now. WiM respect to
parking, he said the committee looked at the parking very carefully and determined that the number
of spaces is adequate for the types of businesses likely to locate in Town Center, thus the same
parking ratio to floompace is being maintained Councilmember Yehle said taken as a whole, the
City is going to maintain approximately the same situation there is today, but is looking ahead to by
to create a better stmodscape fm tomorrow.
Councilmember Yorke said he is advocating approval of this package, not because a lot of work
went into it, but because also there was a lot of time spent on it and a lot of public Input was
received He said a lot of changes were made from public input and said it might not be what
everybody wants, but it's a good plan.
Councilmember HeatbrxM spoke to say that he feels that Councilmember Yens summed things up
well and said he also firl supports the proposed ordinance.
Counalmember Johnson said she agrees with Councilmember Yehle and said it is unfortunate that
there has been unreliable information that got a lot of people excited about this when it really isn't
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City Council Minutes, March 8, 2015
any different than it is today (regarding the 45,000 square feat). She said she also supports the
proposed ordinance.
Mayor Pro Tenn Sample said she is not quite sure she agrees with the statement that there has to
be something happening to these buildings for rebuilding to occur and said she knows there has
been a lot of woM put into it, as well as four years ago, and she appreciates it. She said she also
appreciates all the work the Recycling and Solid Waste Board put into automated waste, but the
residents didn t want it and Council sad thank you for your had work, but no thank you for your
product
Mayor Pro Tern Sample said from the comments she received people in the community thought this
proposed ordinance was calastimphe driven and its clearly not She said it redevelopment and
unified slreetsrape cloven and so she can't support if She said "catastrophe driven' was fed to the
community, but the ordinance is not allowing for that.
Counclmember Yehle said he disagrees. He said to do what people want is certainly a noble thing,
but the problem is there is zoning in West U and under zoning everybody is suppose to be subject
to the same miss. He and those buildings in the Town Center are not compliant and rf anybody
wanted to do anything with those, or'rf they had to do something with those buildings, they would be
asking to do something that nobody else in the City would be allowed to tlo.
Councilmember Johnson said in 2011 when a study was done for Town Center, many people said
no parking garage and no taller buildings. She said the Commitee and Council listened, because
this proposal does not include a parking garage or taller buildings.
Mayor Pro Two Sample and she regrets that she did not hear from anybody at the two Town Hall
meetings or at the two Council public meetings regarding this matter.
At this time a vote was made to fife motion by Counclmember YeMe and the second by
Councilmember Johnson to approve me ordinance to adopt proposed amendments to the Zoning
Regulations governing the Non Single - Family District areas in the perimeter and Town Center areas
of the City on second and final reading. MOTION PASSED.
Ayes: Heathcott, Johnson, Yehle
Noes: Sample
Abseil: Fry
2. Public Comments
This is an opportunity for cldzens to speak to Council relating to agenda and non-agenda items.
Ads Drawee. 6112 Fordham, spoke to say that recently the law was changed to target disabled
senior citizens. She said selected citizens are not allowed in park facilNeS due to the change in the
law, which violates civil rights of freedom of speech, the right to assemble, the right to vote, and the
right to equality in public places. She said the West University Community Senior Center is a place
where public meetings are held, More voting occurs, and More religious activities are held She
said when you ban any West University Place citizen you interfere with a citizen's freedom of
speech and right to equality in public places.
Janine Scrueppert, 4040 Riley Street, spoke regarding the proposed zoning amendments and
that she has addressed the Zoning Board of Adlustinenl, the Town Center Ad Hoc Planning
Committee, and has had this Issue on her trader for a long rime. She said she has also met with the
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City Council Minutes, March 9, 2015
Assistant City Manager and the City Planner and reviewed the numbers and confirmed that they are
rred and so anyone who says they are immmed is not telling the troth She said there are
dttf vent interpreUtions, but her numbers are facts. Ms. Schueppert said the main problem with the
proposed zoning changes is that it changes the entire system for determining the amount of parking
required from a system based on type of use to a flat low ratio. She said the proposed changes to
the system are not based on any traffic impact analysis and is based on a false premise Nat all
square footage is the same. She said West U currently has a zoning palling requirement based on
use all throughout the City and said they are based on national standards and are used by
communities amund this, marsh. She said msda ants need 10 spaces per 1,000 square feet and
offices are 4 spaces per 1,000 square feet; but, this ordinance proposes to change that entire
system to lust a random number of 2B spaces. Ms. Schueppert said Me proposed changes shift
the parking requirement and allows some property owners to dramatically Increase their square
footage. She said the proposed charges do not require any property owners with a parking deficit
to do anything, so they probably won't. She sad the net result is likely to be a 29 percent increase
in Me square footage compared to what exists right now and a 142 increase vemes what the
allowable is in Me current code. She said those are fact. Ms. Schueppert said switching to new
inadequate parking requirements would allow increased development and create headaches for
residents, particularly the parent of West U Elementary, which is already a problem. Ms.
Schueppert said the City needs to keep zoning exempt for the City and not let the developers write
the rules.
Spires Manages, 5932 Auden, spoke regarding the zoning amendments and said after the first
reading of the ordinance and during the self imposed no comment pence, the MaWr, Mr. yehle and
Ms. Spendable were sending out a -mails to counter his condoms about the City's zoning changes,
which gives him hope since e-mails were being sent moral Me silent period He said somebody,
not him, responded to the Mayor's e-mail and this person was expressing concerns about two
issues: (1) Mayor's confer of interest with reference to his office space; and (2) conflid of interest
for a member of the steering committee who has been working for one of the developers for about
10 years. Mr. Manages said several days went by and neither the Mayor nor Mr. Vehle responded.
He said the person who wrot Me e-mail sent an additional e-mail asking why the previous
questions had not been answered and again Me Mayor and Mr. yehle missed an opportunity to
clarify the issues mired. He said what experience has taught us that public officials who do not
address issues of conflict of interest do so because their reality of the conflict is worse than to
perception of the unanswered questions. He said the Mayor is not present tonight and will not vote
on the issue, so what this tells him is that Me Mayor has admMed to con0id of interest and noosed
himself. However, he has not admitted it explicitly and he has not explained why he spent the last 4
Wars during both fends of his once pursuing something on which he has a conflict of interest.
Regarding the claim of the coMlid of interest with Me Steering Committee, Mr. Manages said if (2)
above is true, then it is very serious, because it proves that Me City did a very poorjob of screening
the people It appointed on the committee. He said the Mayor, Mr. yehle and Me other members of
the City Council who voted for the zoning changes are not bound by the vow of silence. He said he
hopes that finally the citizens of West U will get an explanation about the above mentioned confiid
of interests.
Christina Propel, 4142 Obedin, spoke to regarding the zoning amendments and said aside from
the issues brought up by a prevent speaker, pushing the parking behind the buildings would
increase the likelihood of crime, because a lot of Me prime In West U centers amund pared! cars
and vehicles out of view. She said her other common is in regard to the survey relating to the land
swap. She said it is her understanding that Me City Manager and elected officials were discussing
specifics about the survey with the people who crafted the survey before it was sent out and so she
is going on good faith that it was a random survey. She said her biggest concern, though, is Mat
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Cry Council Minorco, March 9, 2015
the paper survey and the survey online essentially gives the choice of "do you approve the land
swap?" or "do you not oppose the land swapi She said the answer is either 'yes" or -yes' and it is
ajoke.
Darin Ackerman, 3908 Case Street, spoke regarding the zoning amendment and sad it seems like
this is a case of "g it plot broke, don't Ox It ". He said he is concerned that the Mayor is not here, the
Mayor pro tern is against the proposal and everyone else who wont m in oROe much longer voted
for it. Mr. Ackerman said why address issues that don't need to be addressed, He said rf
contingency comes up, he's sure people can get quickly assembled to take of the issue and make
the necessary amendments at plat time. He also sad he takes exception to not being able to
speak about it tonight and said it seems this kind of issue shouts probably go to referendum. He
said this is a very important issue and me Town Center is a very Important part of the community.
Brennan Reilly, 3 731 Rice Boulevard, spoke W say that he is disappointed about the vote on the
zoning o dinari and commit Mink it was appropriate given the amount of public Input received
migrating the desire to sea more parking in the Town Canter and have it be subject to the same
miss that occurred In Me past. He said Janine Schueppert and others have developed a petition to
repeal the Council's action and he suggested that residents sign me petition to prevent the
ordinance from going into affect, d suffiaent signatures are received. He also encouraged the
public to demand Mat the next City Council indicate their opinions on this issue before the vote and
Mat those issues he taken into account when spring for the next City Council. He said he suspects
Mat the first orders of business among many would be an attempt to reverse this action.
Laura Torgerson, 3620 University BoulevaM, spoke regarding the mining amendment and said
what a shame that Council would take a vote before hearing farm all the people who came to this
meaning. She said West University is a small neighborhood and to just dismiss all public
commentary is confusing to her. To second what Janine Schueppart talked about regarding
parking, she saitl the City of Houston has very clear parking requirement and is very clear with
types of establishments from a doctors once to a health spa to a retail store and restaurant. Ms.
Torgerson said the lowest amount of parking spaces for Houston is 3 per 1,000 square feet, so she
feels this Council has basically just came up with 2.6 spaces and tried to shove into the equation.
She said Mat's not how it works. She said she lives next door to the travel agency and said she
likes Me travel agency, but when May close she want a house there because it aHecis their
property values. She said there are always people parking in front of their house blocking their
driveway and throwing trash on their lawn, but We the trade off of living where they live. Ms.
Tanglement said her issue is that wtren the exemption was up, Me property owner went to the Zoning
and Planning Commission t request an extension and the City not only granted their request for a
101 exemption, but rather gave them a 151 exemption with no stipulation. She said all she
asked was that whoever came in next, that Me property be com aced W a single- family house so
that they would have control about who lives had to them. She also sad if Council Is going to go
through all of this, it should at least do a parking study.
Bruce Frankel, 6130 Annapolis Street, spoke to say he wanted everyone who spoke m think about
this. He illustrated that hypothetically, you just bought a building on Edloe Street and opened a
restaurant that eventually burned down, but meanwhile you have a mortgage payment of $20,000 a
month and you can't rebuild because of current mining restrictions. You go to the City Planner and
are told that you cant rebuild because the City needs to change the mining, which will probably
Wks a year or over He said this is what this is all about, to have this already in place so Mat owners
of the land can redevelop and shorten me lag time W rebuild Mr. Frankel said the City has been
dealing with this issue for five years and said this Is as great as it's going t get.
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City Cement Minutes, March 9, W15
3. Consent Agenda
All Consent Agenda items listed are considered to be mutine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Council
ember requests in which event the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda.
A. CRV Council Minutes
Approve City Cannot Minutes of February 23, 2015, RecommeMetl Acrionr Approve Minutes.
B. Bunker Gear Replacement
Matters related to the purchase of Bunker Gear. Recommended Action : Approve the purchase
of Bunker Gear.
C. Inim rlocal Cogeneration Agreement
Matters related to an Intedocal Cooperation Contract with Scansion Place for governmental
functions Or services. Recommended Action: Approve hoomocal Cooperman Contract wHh
Sausages Place Air governmental funcrlws or senroser
D. Arbor Day Proclamation
Mafters related W a proclamation proclaiming March 28, 2015 as Arbor Day. Recommended
Action: Pandora March 28, 2015 as Arbir Day In the CIfy of West Universal Place.
E. Lift Station Electrical Rehabilitation
Matters rotated to awarding a contract with Hahn Equipment for the Lift Station Electrical
Rehabilitation project, Recommended Action: Authorize the Cov Manager to execute a contact
was Hahn Equipment iw parkamance of the Ld Station Electrical Rehabildagon pr jest in the amount
of$232,Buy 00.
Coura lmember Yehle requested removal of Item C for discussion.
Fire Chief Taylor spoke to say that what staff hied to accomplish with the new formula medal is to
ensure that Southside Place residents essentially pay me same as West U residents for EMS
services.
Counalmember Yana said he feels that was a good idea. He asked Assistant City Manager Peifer
if the same logic was being tested in other areas where the CM provides services to Southside
Place. Assistant City Manager Palter said yes, as evident by a study mnducted by graduate
interns, which found that the City does recover all costs for services provided to Southside.
Councilmember Yehle said he is in favor of this proposal and encouraged staff to stay on top of it in
all areas.
Counchmember Yehle moved to approve the intertocal Agreement with Southside Place.
Councitmember Yehle seconded the motion. MOTION PASSED.
Ayes: Sample, Heathcoft, Johnson, Yele
Noes: None
Absent: Fry
Councilmember Heathceft moved t0 approve Items A, B, D, and E of the Consent Agenda as
presented. Councilmember Yehle seconded the motion. MOTION PASSED.
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City Council Minutes, Mamh 0, 2015
Ayes: Sample, Heathcotl, Johnson, Yehle
Noes: None
Absent: Fry
4. Aciourn Renular Meetint
With no former business to tliscuss ` em Sample atlloumed the Regular Meeting at 7:12
p m X45 J2
Pre ar B .
"O' � �
Thelma A. Lenz, City Secrete I[ %pa Bate Approved
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