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HomeMy WebLinkAbout04072005 BSC Agenda Item 3 • • City of West University Place A Neighborhood City Recycled Paper Building & Standards Commission Bill Watson Conference Room,Located at 3800 University Blvd, West University Place, TX. 77005 Meeting Minutes March 3rd, 2005 MEMBERS PRESENT: Bryant Slimp, David Flame, John Ayres, J. Denis Powers, Brian Hoogendam,Muddy McDaniel and Kevin McMahon. MEMBERS ABSENT: Dr.Peter Benjamin. COUNCIL LIASION: Mike Woods(arrived at 6:15 p.m.) STAFF PRESENT: Annette Arriaga, Dennis Mack, Michael Ross, Ron Wicker, and Jim Dougherty. GUESTS PRESENT: Robert Riquelmy, Gail Rosenthal, Mike Reed, Robert Covington, Mina Covington, Ron Simon, Georgianna Sadler, Lou Barragan and Robert Stanton. [Call to Order.] With a quorum,present Bryant Slimp called the meeting to order at 6:05 p.m. 1. Notices, Rules, Etc. Bryant Slimp stated that the BSC voting alternate would be Brian Hoogendam. 2. Meeting Minutes. John Ayres made a motion first to approve the meeting minutes from the February 3`d, 2005 BSC meeting.J. Denis Powers seconds the motion. AYES: Bryant Slimp, David Flame, John Ayres, J. Denis Powers and Brian Hoogendam. NOES: None.ABSTAIN:None.Motion passed.Meeting Minutes Approved. 3. Accident Review Hearing. Bryant Slimp stated that this meeting is an informal accident review hearing regarding the house fire at 2612 Werlein Street The BSC is conducting the accident review hearing at the request of City Staff. Bryant Slimp indicated that BSC has certain authority as defined by the State and the City Charter. The BSC only acts regarding code violations after the City Staff follows certain rules and procedures as outlined under code Chapter 6 in the Charter and Ordinances of West University Place. Bryant Slimp stated that this hearing is not a judicial proceeding, the BSC is not a court of law, and the BSC does not have the authority of the courts system on civil matters. The BSC has four types of jurisdiction.The BSC can: ❑ Review administrative actions by reviewing actions by the Chief Building Official where it may affirm, reverse, modify or remand a decision of the Chief Building Official, on appeals by an applicant. ❑ Have quasijudicial enforcement-on such code issues presented to it by the Chief Building Official. ❑ Issue variances-to certain codes as requested by a petitioner where the Chief Building Official cannot deviate from the code, and the petitioner meets specific criteria. ❑ Issue advisory opinions-such as to study certain codes gather input from various parties, generate a proposed change and recommend these specific changes to a code to the City Council for adoption. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•6b8.4441 • www.westu.org r • Building and Standards CommisiMeeting Minutes March 3rd,2005 Page 2of 4 Bryant Slimp asked that all guests please make all comments to the Chair and direct all questions to the Chair. He asked that an air of civility be maintained. Each speaker will be limited to five minutes. ❑ The Recoding secretary will inform us at the 4 %2 minute mark. ❑ The recoding secretary will inform us when the time limit has been reached. ❑ At that point,the Chair will ask the speaker to stop. Bryant Slimp requested that each speaker state the facts and he reminded the guests present that the meeting is being recorded electronically and therefore required that before speaking each person state his or her name, state their address if a West University citizen, or state their position and affiliation. The speaking time would start after their introduction. Bryant Slimp requested that City Staff state the facts and the results of their investigation. Dennis Mack stated that on January 17th, 2005 The West University Place fire department reported a structure fire at 2612 Werlein Street. The Fire Marshall reported that a demolition backhoe crew had ruptured a natural gas line in the rear of the house causing two breaks in the gas line. Dennis Mack stated that Al Collins,the Fire Marshall for West University Place stated in the report that the cause of fire was an accident. Bryant Slimp asked if there were any other reports pertaining to the house fires. Dennis Mack stated that this was the only report filed by the West University Place fire department.Dennis Mack put in a formal request for the accident review hearing. Bryant Slimp asked to hear the statements by the homeowners and the residents of 2612 Werlein Street. Lou Barragan addressed the board. Mr. Lou Barragan the resident at 2612 Werlein Street stated that he was at home taking care of his grandson. It was a holiday and all of a sudden he heard an explosion. His wife ran to the front of the house and stated fire,fire and continued to stay that there was a fire in the back of the house and they immediate they called the fire department. Lou Barragan stated that once he was outside he spoke to the resident Mrs. Gail Rosenthal and she said that she had called the fire department twice.Mr. Lou Barragan stated he was concerned with his house. He could here electric wires popping. Everyone was excited.The fire was going toward the garage near the next-door neighbor. Mr. Lou Barragan did indicate that nobody had notified him. Mr. Barragan stated that someone called and spoke to his daughter,but he did not know who it was. He stated that someone tried calling him last Thursday but that was it. He then stated "Usually, someone who have contacted me or put in a hotel but nobody has called or contacted me from JTB services or Covington Builders". Bryant Slimp extended his sympathies for all that has happened to Mr. Barragan and his family and to please accept the BSC's condolences. He thanked Mr. Lou Barragan for speaking to the BSC. Bryant Slimp requested for the next speaker from any other affected parties to please approach the chair. Gail Rosenthal stated that she is the resident at 2611 Cason Street. She stated that no one has recognized that she had a great deal of damage to her garage. Her property is as much involved as her neighbor at 2612 Werlein. The gas line runs in the back of her house. She was upstairs working on her computer and on the phone when she heard a loud explosion,then all of a sudden her phone went dead. She saw a wall of fire. She stated that nobody knocked on her door and nobody notified her. She stated that she ran out side and took her husband's car out of the garage, afraid that it might be damaged. She stated that the fire department did not come for 15 to 20 minutes. Mrs. Rosenthal stated that her house and property were very much involved as the house on Werlein Street. She is hoping to save a live oak tree but, she doesn't know if she will be able too due to the fire. She stated that she had a significant amount of damage to her garage. Luckily, she stated that she has insurance and she doesn't have somebody fighting for her. She did hear from the adjusters and Robert Covington. They knocked on her back door and left their cards. But, two days later Robert Covington was already back working and had the new house framed. She stated that they were conducting business as usual without considering the lives that had been Building and Standards Commiss Meeting Minutes • March 3rd,2005 • Page 3of 4 destroyed. Centerpoint did end up doing some more digging after the fact and they ended up digging into her tree's roots. Bryant Slimp extended his sympathies and wanted Mrs. Gail Rosenthal to accept the BSC member's condolences. Bryant Slimp requested to hear from the contractors and any subcontractors involved. Mr. Robert W. Covington,who lives at 3724 Darcus in Southside Place,stated that he has lived in West University Place from time to time and he does conduct a lot of business here in West University Place. Bryant Slimp requested that he tell his side of the story. Mr. Robert Covington stated that he apologized for Mr. Barragan's and Mrs.Rosenthal's losses. He continued to add that he was not there at the time of the accident and that he found out what happened after the fact. He stressed that everyone knows more about this than he does. The contractor that he hired had a permit to do demolish the house. He stated that it was an accident but not an accident that he committed. He was not out there and he did not see what happened. He did read the fire report and he stated that it does make sense that a gas line had been broken and that a fire source ignited the escaping gas. He believes that JTB's insurance is taking care of it and handling the damage. He also stated that JTB has already handled another claims. Mr. Covington repeated that he was not out there at the time of the fire. Bryant Slimp thanked Mr. Covington. Bryant Slimp requested for any one else who wished to speak,especially anyone representing JTB?No one from JTB was present. Bryant opened the floor for questions, comments and general discussions from the BSC. John Ayres asked if 1.)there was any communication with JTB with Centerpoint, and 2.) is it customary for the contractor, such as JTB to check with utilities, and fiber optic line owners to make sure that Centerpoint has cut off the gas lines?Dennis Mack stated that JTB met all of our current requirements and ordinances pertaining to the disconnect and removing the meter.Kevin McMahon asked Dennis Mack if JTB or Centerpoint marked the gas line?Dennis Mack stated that he personally did not see them mark the line. Bryant Slimp asked if was any communication with Centerpoint on the exact gas line locations. Bryant Slimp asked if the contractor hit a riser. Dennis Mack confirmed that a riser was hit. Denis Powers asked if the riser is fenced off?Dennis Mack stated that the risers are not fenced off, but,that may be something that we can look at. David 1 Flame thanked the permitee for coming and asked what efforts have been made and attempts that have been made from the contractors? And David Flame was curious to know who is the ultimate responsible party?David Flame hadn't personally witnessed the incident first hand and he wants to know if the contractor or people involved had made any efforts to understand the events of what had happened?Dennis Mack stated that David Flame would have to ask the contractor. JTB was , not present. Muddy McDaniel asked if the riser is in the city easement?Dennis Mack stated that the riser was in the easement. Bryant Slimp summarized that 1.)the fire had been ruled accidental, by the West University Place, Fire Marshall,Al Collins,2.)the BSC does not have any administrative actions brought before it by the Chief Building Official, 3.)the BSC has no requests by the City Staff to enter into a quasijudicial enforcement, and 4.)there are no requests being made to the BSC for variances. Bryant Slimp stated that he believes he speaks for the BSC by saying to the residents of 2612 Werlein that we as fellow citizens of West University, extend our heartfelt sympathies to you for all of your losses and all of the problems that have followed. Bryant Slimp asked if there was any motion from the BSC regarding this matter? Brian Hoogendam made a motion: I move that, until all the issues have been resolved at 2612 Werlein and 2611 Cason that we as a group and as a body should table further discussions until we know what really happened throughout the whole situation and at that time we can look at the policies and procedures that are in place and see what our board has jurisdiction over so that we can study and go from there. Brian Hoogendam first to approve the motion. John Ayres seconds the motion. AYES: Bryant .. Slimp, David Flame, John Ayres, J. Denis Powers and Brian Hoogendam. NOES: None. ABSTAIN:None.Motion passed. • Building and Standards Commiss�Meeting Minutes • March 3rd,2005 Page 4of 4 The Accident Review Hearing ended at 6:30 p.m. 4. Matters Relating to the Building and Standards Commission Recommendations and Status Report. A)Update on the draft amendments of the Standard Code Schedule regarding foundations. B)Update on the foundation workshop with City Council dated February 28th, 2005. Dennis Mack stated that A and B are one in the same. Dennis Mack and Bryant Slimp went to council with the foundation draft and council feels like the one inch PVR needs to be examined further and needs to be studied. Bryant Slimp asked that one more workshop be scheduled to resolve the issues that were brought forth by council. C)ZPC update on a proposal to amend the zoning ordinance relating to old-stock housing. Brian Hoogendam referred to the hand out that was given to BSC. Exhibit A,Zoning&Planning Commission, Dated January 131h,2005. Amendments relating to"old stock housing,"definitions. Brian Hoogendam stated that he was pleased to see these recommendations and thinks that this is a really good thing.He was surprised that it went fairly quickly. Brian Hoogendam mentioned that after several workshops and meeting with ZPC that he felt that this was a step in a good direction for the future growth for West University Place. ZBA to consider protection or preservation of OSH and for ZBA to allow special exceptions. 5. Base Flood Elevation. Bryant S limp stated that he was hoping to have another workshop on base flood elevations. Dennis Mack brought the proposed and current FEMA flood maps. BSC reviewed the maps. Dennis Mack stated that FEMA requires to be at or above the base flood elevation. The BSC reviewed the maps. The decision to build structures at or above the BFE is at the City's discretion. The definition of the elevation above the BFE is measured to the elevation of the surface of the finished floor. Bryant Slimp asked in which direction did the city staff want to go?Dennis Mack stated that the city had to adopt a flood plain ordinance. David Flame stated that the city has had general discussion on the aesthetics of the community. David Flame asked if it would change a great deal?Dennis Mack stated that it would. Dennis Mack stated that if you don't change the current ordinances, you would have various height differences. Some lots may be higher than the others. FEMA will require you to be at or above the BFE,we as a city will need to decide how much height above the BFE that we build. Dennis Mack stated that we have to adopt N a flood plain ordinance and we could go stricter. Brian Hoogendam asked if this would impact remodels. Dennis Mack stated that it would. David Flame asked if it would basically effect additions.Dennis Mack stated yes, it would. J.Denis Powers showed pictures that he brought showing the higher foundations,built up compared to the old. Dennis Mack stated that we would have to put on certain criteria to accommodate the remodels, additions etc. Jim Dougherty will check on the FEMA deadline dates.He did state that we do currently have an ordinance in place. The"flood way" is in the ordinance, and is being added to the flood maps. Anyone in the flood way will eventually have to adopt with some potential changes. BSC discussed the costs and insurance variations. Jim Dougherty recommended that the proposed amendments be adopted all at the same time. John Ayres stated that another workshop would be good. BSC agreed. Item tabled.No motion made. 6. Structural. David Flame discussed the previous planning workshop that was February 9th, 2005. He gave a quick over view on the workshop's future direction on codes and ordinances. He stated that everyone agreed that we needed to prioritize. The workshop agreed on three main factors. 1) A good engineering job, an engineered structural plan. 2)Checks and balances, liability coverage of the professional that provide that structural plan, and 3)Accountability, site inspection upon completion. He felt that if the template works for foundations then the ordinance template for structures should follow. Bryant Slimp stated a desire to stay on a structural ordinance for now and then look next at the rot resistant materials. David Flame stated that everyone agreed that safety and the structural integrity was the biggest concern.Bryant Slimp felt that another structural workshop should be set. Bryant Slimp asked for Jim Dougherty to write up a structural draft for the next scheduled BSC meeting. Item tabled.No motion made. • Building and Standards CommisMeeting Minutes • March 3rd,2005 • Page 5of 5 [Adjournment.] David Flame made a motion first to adjourn. John Ayres seconds the motion to adjourn. AYES: Bryant Slimp, David Flame, John Ayres, J. Denis Powers and Muddy McDaniel. NOES:None. ABSTAIN:None.Meeting adjourned at 7:35 p.m. PASSED THIS DAY OF ,2005. Bryant Slimp, Chairman ATTEST: Ms. Annette R.Arriaga Development Services Secretary