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HomeMy WebLinkAbout052206R CC Min CITY COUNCIL REGULAR AND SPECIAL SESSION MONDAY, MAY 22, 2006 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Regular and Special Session in the Municipal Building (3800 University Blvd.) on May 22, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Cohen, Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director, Building Official, Parks and Recreation Director, Police Chief, Fire Chief, Public Works Coordinator and Assistant to the City Manager were also present. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 18 day of May 2006 at 4:46 p.m. Special Session Capital Projects. Matters related to capital projects including drainage (including presentation from Claunch & Miller), parkland property acquisition and city-owned property and facility study (including presentation from PGAL). Subject also includes a financial analysis from bond counsel. The City Council reviewed proposed capital projects and associated costs including those related to drainage, sidewalks, parks master plan and park property acquisition. Consulting Engineers Chris Claunch, Dave Kasper and Steve Radcliff from Claunch & Miller, Inc., were present at the meeting to answer questions regarding the proposed drainage projects. Cheryl Gajeske, Robin Knott and Siti Shuhup, Representatives from Pierce Goodwin Alexander & Linville (PGAL), presented a brief overview of the Property and Facility Assessment Master Plan. The City Council recessed the Special Session at 6:28 p.m. to convene in Regular Session. The City Attorney was not present for the remainder of the meeting. Formal Session Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. City Council Regular and Special Session, May 22, 2006 Andrea Spiering, 6617 Buffalo Speedway, stated that she opposed the parking ban on Buffalo Speedway and that it was an inconvenience for homeowners to not be able to park in front of their homes. James Weston, 6621 Buffalo Speedway, stated that he opposed the parking ban on Buffalo Speedway. Clark Trantham, 7171 Buffalo Speedway, stated that he opposed the parking ban on Buffalo Speedway and that the traffic speed had increased. Boards and Commissions. Matters related to Boards and Commissions including a report on the goals and objectives of each and related matters. Joni Fichter, Chair of the Friends of West University Place Parks Fund, submitted and discussed the following report: Items Completed: I. Park Lovers'Ball 2006 A. Held on February 4, 2006 at the Intercontinental Hotel Houston B. Chaired by Sue Hanna and Diana Brown C. Honorary Chairs were Kim and Reid Wilson D. Theme: Cabaret in the Park E. # of attendees: 350 plus F. Gross proceeds: $ 176,667 G. Net proceeds: $110,918.02 available for the Lewis match for an additional $110,918.02, although this number is rising slowly with late contributions, we anticipate net will top out at around $130,000. H. All thank you and tax letters are nearing completion II. The check to the city for reimbursement of start up items at the Recreation Center has been paid in the amount of $23,852.10. III. Friends Rally was held to recruit board members, PLB committee members, Parks members, etc. at JMH in April (JMH underwrote lunch and we received good' press) IV. Parks Master Plan - the Friends issued a statement to council stating our support of the project without duplication of programs and within reason V. Lurie memorial bench were installed at Colonial in December 2005 VI. Easter Bunny pictures and Meet the City Arbor Day were a success on April 8, 2006 - these will be repeated in 2007 and photo proceeds were $330 + the Lewis match VII. Santa pictures were a success in December and will be repeated in winter 2006; proceeds were $390+ the Lewis match VIII. Some sociables have been held with all proceeds earmarked for the Recreation Center via PLB 2 City Council Regular and Special Session, May 22, 2006 IX. Our treasurer and executive director are currently calculating total funds available for the Lewis match to date, and they will issue an invoice for the year-end 2005. $73,851.60 was invoiced to the Lewis on 8/17/05 and a check was received. Projects in the works: I. Monthly board meetings as well as PLB committee meeting continue to be held II. Shade structure at Colonial Park will be installed and funded in part by an anonymous donation to Friends of the Parks III. PLB 2007 A. Chairs have been named: Vicki Grams and Penny Grams B. Honorary Chairs have been named: Beverly and Jack Loftis and Carol and Ross Frazer C. Kick-off party was held at Vicki's on May 18,2006 D. Date for PLB07 is February 10, 2007 and location is under investigation with a possible venue change but the Discovery Ballroom at the Intercontinental Hotel Houston has been tentatively booked for February 10, 2007 (this ballroom is less expensive and may give us better auction set-up space) E. Theme: Double Or Nothing! F. Emphasis will be placed on the fact that this is the last available time to have donations for the Recreation Center matched G. Friends hopes the City can furnish a Wish List for the Recreation Center so a Parks Corner can be incorporated into the event and specific items sold with naming rights H. Solicitation letters are being processed for auction items, underwriters, donors I. Park signage, neighborhood flyers, and local press are in the works J. Possible donor signage will be done and given to the donors for their lobbies to help promote the event as well as thank the donors K. More sociables are scheduled with all proceeds earmarked for the Recreation Center via PLB IV. Working with Billy Burge, President of Houston Sports Authority (as well as Jenny Raymond's dad (neighbor to Pocket Park) and board member of several Houston companies and foundations) A. Vicki, Penny, Donna, Tim, and Joni met with Mr. Burge for preliminary ideas in May B. Mr. Burge will arrange through Tim a meeting with his assistant soon as she is a grant writer and will be able to assist us, hopefully C. He had good ideas about working with the Olympic trials committee and other organizations and will try to help us contact these D. Funds will be targeted for the Recreation Center, again stressing the Lewis match through March 2007 V. Elena Walton Memorial in the amount of $1370 is still pending for Weir Park (parents are considering ideas) VI. Park to Park Fun Run A. Date: October 21, 2006 (tentative) B. Starting location and route will be: West University Place Recreation Center 3 City Council Regular and Special Session, May 22, 2006 C. Chair is Brent Gallagher of WU Fitness and he is working closely with Tim and Donna to coordinate all aspects D. Solicitation letters will be sent out in June 2006 VII. Pocket Park and Library Courtyard A. Task Force meetings went well and plans are being prepared for council's approval B. The desire is to start construction of the Pocket Park side as soon as plans are approved C. A sign has been discussed that states "Your Park Funds at Work" or something like this to drum up interest and donations D. $100,000 is earmarked in the Friends reserve (including start-up funds) for this project with the understanding that the city has $75,000 earmarked in the 2006 budget and will discuss additional monies in the 2007 budget VIII. E-store A. The following items continue to be sold on line: Pavers, golf shirts, ornaments, and picnic mats B. Donations and ticket sales to PLB (or other events) can be done on-line IX. Membership/Marketing/PR A. Press releases continue to be done on all projects B. Membership mailing is being prepared and will be mailed by approximately the first week in June C. Total proceeds for the Membership program are to date are: $30,000 D. Newsletter is being prepared and will be mailed to all members by approximately the first week in June E. 100% board participation from Friends and Parks Boards is encouraged; additionally, it would be good to see council support our community in this manner F. Articles are submitted in a timely fashion to City Currents for each publication X. Business Partners and Stork A. Stork rentals continue to occur with all proceeds currently earmarked for the Recreation Center B. Special Business Partner deals like Grocery Share cards and sign up bonuses from local retailers continue with all proceeds currently earmarked for the Recreation Center XL Nominations - the Friends Board has a few open positions so is actively seeking good volunteers XII. Parks Guild - is in the preliminary planning stages but will kick-off in late summer as an outreach and support system for the Friends; members will not be required to financially support the parks or obtain donors and action items; this will be social in nature with coffees and events monthly to educate neighbors about our parks and seek their help with prep work, etc. XIII. Comprehensive Parks & Recreation Sponsorship Package - Tim is working on this so that we are consistent and in line with the desires of the city; this will include signage and naming rights options; Royal Oaks Bank is waiting in the wings to give money 4 City Council Regular and Special Session, May 22, 2006 but wants to know what they get in return (we do not want to loose this so need council's support as Tim works on this) XIV. Adopt a Park Program - while this is primarily a project of the Parks Board, the Friends are in support and will help spread the word, etc. XV. "Music Under the Stars" - Parks Board and Tim are working on these events for the fall and are asking the support of the Friends in various possible ways Projects under discussion: I. Corporate and Major Gifts Committee - there is great hope of getting this off the ground in order to solicit major donations from foundations, corporations, and individuals but naming right opportunities need to be in place at the Recreation Center, Pocket Park, and other properties - this requires council attention II. Parkland Acquisition - the Friends is interested in what the city and council might propose; with the Recreation Center and Pocket Park currently on our agenda, any new park projects would be considered in the futureonation from WULL in support of the Pocket Park and/or Recreation Center is under consideration and discussion III. Door to Door solicitation project - Tim is investigating this as a possible Eagle Scout project with proceeds going to the Recreation Center thus available for matching funds through March 2007; at the same time, elderly neighbors or others in need could be identified by the solicitor IV. Library Courtyard - once it is decided that the large tree can handle development around it and once it is decided what will become of the current library (renovate or rebuild), the Friends supports this project and hopes to approach Commissioner Raddack for funding In summary, the Friends of West University Parks Place Fund, Inc. is hard at work raising funds to beautify and develop our parks. Through innovative as well as traditional fund raising, the Friends has raised over $2 million since its inception nearly sixteen years ago and has helped make our parks more user friendly as well as increase awareness of how our parks are funded and developed. The Friends works closely with the Friends Executive Director, Parks & Recreation staff as well as several council members and multiple other West U organizations and not-for- profits in order to best serve the needs of our entire community. The Friends requests the support of West U City Council in addressing the following items: I. Naming rights and signage in parks and recreational facilities II. Development of a plan at the Recreation Center so they can actively seek funds III. Acceptance of the Pocket Park proposed plan so this can come to completion in early 2007 IV. Support of parks by being a Parks Member and attendee at PLB and other events V. Clarification of the noise ordinance with regard to functions at the parks (i.e. morning exercise classes at the Recreation Center that generate revenue and provide a service to park supporters) Mayor Ballanfant asked how much money to date the Friends had received from the Lewis Foundation. 5 City Council Regular and Special Session, May 22, 2006 Mrs. Fichter stated that they have currently received $290,000 from the Lewis Foundation and they need to raise an additional $210,000 by March of 2007. Council Member Yehle commented that Mrs. Fichter had mentioned several times in her report about the possibility of raising money by having naming rights and signage in the parks and recreation facilities. He requested that the Friends Board provide the Council with a detail plan of what the parameters would be and how this concept would be managed. This agenda item will be continued at the end of the meeting. CenterPoint Energy. Matters related to CenterPoint Energy including Resolution No. 2006-08. Mayor Ballanfant read the caption of Resolution No. 2006-08 as follows: A resolution of the City of West University Place, Texas, pertaining to CenterPoint Energy Houston Electric, LLC cost of service rate filing pending as PUC Docket No. 32093 and related proceedings. City Manager Michael Ross reported that in 1999, the Legislature deregulated the electric utility industry, which required integrated utilities, such as, Houston Lighting and Power/Reliant Energy, to be unbundled into three separate utilities: (1) a transmission and distribution utility, (2) a retail electric provider, and (3) a power generation company. The transmission and distribution utility, CenterPoint Energy Houston Electric LLC, owns the wires and transmission and distribution facilities to transport electricity. The power generation company owns the facilities to generate electricity. The retail electric provider is the entity that contracts directly with customers for electric supply, and purchases electricity and delivery services from the power generation company and transmission distribution utility, respectively. As a result of deregulation, the only entity to remain regulated is Center Point Energy, the transmission and distribution utility. Mr. Ross reported that the Public Utility Commission?s staff reviewed CenterPoint?s rates and based upon a very preliminary review determined that CenterPoint may be ?overearning? on the rates charged. The City of Houston is taking the lead on this review and negotiations. They are also picking up any costs involved. Resolution 2006-08 will allow the City to intervene in the Proceedings to represent the City?s interest. Mike Boone, Service Area Manager for CenterPoint Energy, reported that CenterPoint Energy filed a rate case with the PUC on April 14, 2006 and they would like to have cities join them in settling the case. The outcome CenterPoint would like to see is a settlement of the rate case to keep the electric delivery rates the same as they are today and also end up with an extended franchise agreement with the City of West University Place with an enhanced payment to the 6 City Council Regular and Special Session, May 22, 2006 City. Other aspects of the settlement include additional public use money and some additional funding of energy conservation measures system wide. Council Member Woods commented that TXU Energy in the Dallas area allows public use of right-of-ways for parkland, bike paths, etc. He asked if the proposed structure that CenterPoint is suggesting includes the ability for the City of West University to use the right-of-way adjacent to Bellaire and West University to potentially connect the two parks and expand jogging trails between the two. Mr. Boone stated that the franchise agreement would not specifically deal with public use of right-of-ways. In general, CenterPoint has shied away from allowing public use of electric transmission rights-of way for reasons of public safety and liability. Council Member Woods stated that CenterPoint is allowing private use for the same thing and he did not understand how they could distinguish the difference if they are claiming safety as an issue. Mr. Boone stated that the basic concern they have over public versus private use is liability to CenterPoint Energy. With private use, they can get indemnification clauses and they have been unable to get cities and other public interests to similarly indemnify them. Council Member Woods commented that apparently other energy distribution companies have put more value in the public interest for their use of the right-of-ways. He suggested that CenterPoint reconsider their position. A motion was made by Council Member Segal, seconded by Council Member Cohen, to approve Resolution No. 2006-08. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Sex Offender?s Residency restrictions. Matters related to sex offender?s residency restrictions including Ordinance No. 1829. Mayor Ballanfant read the caption of Ordinance No. 1829 as follows: An ordinance of the City of West University Place, Texas amending Chapter 54, offenses and miscellaneous provisions, of the West University Place Code of Ordinances, by adding a new Article V, entitled regulation of sex offender residency making it unlawful for certain sex offenders to reside within 1,000 feet of premises where children gather; providing exceptions; 7 City Council Regular and Special Session, May 22, 2006 prohibiting property owners from renting real property to certain sex offenders; providing for a penalty; providing findings of fact and other matters related thereto. Copies of Ordinance No. 1829, in the form proposed for adoption, were available in the Council Chambers. Mr. Ross reported that this ordinance establishes a residency restriction that prohibits registered sex offenders whose victim(s) were under the age of 16 from residing within 1,000 feet of a place where minors usually congregate such as schools, playgrounds, parks, daycares, and video arcades. In addition, landlords are prohibited from renting to registered sex offenders in such locations. Violation of the ordinance is a Class C Misdemeanor with a penalty of up to $500.00 per violation. The ordinance imposes no restriction on property sales and imposes no requirement that sellers investigate buyers. A motion was made by Council Member Cohen, seconded by Council Member Woods, to adopt Ordinance No. 1829 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Kirby Drive Storm Sewer Project and amending the City of Houston Water Supply Contract. Matters related to the Kirby Drive Storm Sewer Project and amendment to the City of Houston Water supply contract including Ordinance No. 1828. Mayor Ballanfant read the caption of Ordinance No. 1828 as follows: An Ordinance relating to the use of certain easements or rights of way in connection with the Kirby Drive Storm Sewer Project; approving and authorizing the second amendment to the existing water supply contract between the City of Houston and the City of West University Place; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1828, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director reported that the City of Houston has sought permission to use West University Place (WUP) easements and rights-of-way in connection with the Kirby Drive storm sewer project. Apparently, Houston will need to excavate and link the new ?box? storm sewer with existing facilities in West University Place. 8 City Council Regular and Special Session, May 22, 2006 The proposed Second Amendment would grant WUP?s consent to use WUP easements and rights-of-way for that purpose. The exact areas to be used would be determined by the final plans and specifications, which would be subject to approval by the WUP Public Works Director. In reviewing the plans and specifications, the Director is required to apply the same standards WUP would apply to its own facilities of the same or similar type. This is the same basic rule that the agreement prescribes for Houston?s review of WUP facilities located in Houston rights-of-way (e.g., water lines in Bissonnet Street). The First Amendment to the agreement (signed in 1999) allows WUP to give certain notices to Houston identifying WUP facilities in Houston rights-of-way. The Second Amendment confirms that each city consents to the other city?s facilities, as mentioned in the agreement. Previously, the Second Amendment included a special provision for installing decorative pavers on four City streets. After discussion with representatives of the City of Houston, it is staff?s opinion that the ?Special Provision for Pavers? should be removed from the contract because of the complexity of coordinating this with the City of Houston and Houston?s requirements to repair any damage. The new contract draft before City Council for consideration, reflects this change A motion was made by Council Member Woods, seconded by Council Member Cohen, to adopt Ordinance No. 1828 on the first reading and approve the Second Amendment to the Houston Water Supply Contract. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Kirby Drive Construction Traffic Impact. Matters related to the City of Houston?s Kirby Drive construction project including parking restrictions on Buffalo Speedway including a traffic engineering report. Mr. Wicker stated that as a result of recently prohibiting parking along Buffalo Speedway within our corporate limits, some residents have expressed concern that they cannot effectively use their property as desired, and fear that the ?No Parking? restrictions will be permanent. During the City of Houston?s Kirby Drive project traffic circulation in and around the City of West University Place will be dramatically affected. Staff was prompted by the anticipated impact of this project to have a traffic engineering study prepared in 2004. 9 City Council Regular and Special Session, May 22, 2006 In January 2005, Staff presented to City Council the 2004 traffic engineering study, prepared by Samson Ukaegbu, P.E. The study contained three basic recommendations to minimize project impact. 1. Install temporary ?No Right Turn? signs along the west side of Kirby Drive from Wroxton Avenue southward to University Blvd.; the hours and days of restriction to be 7:00 A.M to 9:00 A.M. and 4:00 P.M. to 7:00 P.M., Monday through Friday. 2. Restrict parking along Buffalo Speedway 24 hours per day during construction. 3. Work with the City of Houston, Metro, and Transtar to optimize all traffic signals in the area for better overall traffic flow. Staff has learned that the City of Houston is experiencing some delays in the schedule with the contractor assigned to the next phase of work. The current City of Houston estimate to is now mid to late June to reach Holcombe Boulevard. Traffic volumes within the City have been on the increase, not only on Buffalo Speedway and Weslayan Street, but also on east/west streets as well. Once the contractor reaches and crosses Holcombe, traffic patterns will shift more drastically as drivers search for quicker ways to get around. The Staff should better understand possible impacts on West University Place, and especially along Buffalo Speedway as the project progresses. Mr. Wicker stated that at this time, Staff feels that to revert back to previous parking restrictions along Buffalo Speedway would be premature and unsafe. Staff, with assistance from our traffic engineer, will continue to monitor traffic flows in and around our city, and make adjustments as needed. This could include the relaxation of the parking requirements on Buffalo Speedway. Staff recommends no immediate changes at this time. After a complete discussion of this item, the City Council made the following motion: A motion was made by Council Member Woods, seconded by Council Member Cohen, to take down the signage and return it to the original restrictions that were in place along Buffalo Speedway until such time that the construction begins along Kirby Drive. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None The City Council requested current data on the traffic counts on Buffalo Speedway. They also requested a progress report from the Traffic Engineer at the second meeting in June. 10 City Council Regular and Special Session, May 22, 2006 Sidewalk Projects 1 and 2. Matters related to Sidewalk Projects 1 and 2 including final acceptance of the work and authorization of final payments. Sidewalk project 1. Mr. Wicker reported that Southern Customs, Inc., (SC), recently completed all work required under Sidewalk Project 1. This was the first sidewalk contract with SC to address sidewalk construction, repair and replacement under the City?s Sidewalk Master Plan. This contract was authorized by the City Council in an original amount of $767,715.00. Change orders in the amount of $176,571.67 increased the total contract to $944,286.67. Final payment in the amount of $64,407.17, which includes project retainage, is currently pending. The contractor?s one-year warranty for this work will commence from the date of the City Council?s acceptance. Sidewalk project 2. Southern Customs, Inc., (SC), recently completed all work required under Sidewalk Project 2. This was the second sidewalk contract with SC to address sidewalk construction, repair and replacement under the City?s Sidewalk Master Plan. This contract was authorized by the City Council in an original amount of $839,235.00. A net-increase change order in the amount of $193,024.05 increased the total contract to $1,032,259.05. Final payment in the amount of $70,654.27, which includes project retainage, is currently pending. The contractor?s one-year warranty for this work will commence from the date of the City Council?s acceptance. A motion was made by Council Member Segal, seconded by Council Member Yehle, to accept the work completed in the Sidewalk Project #1 and release final payment in the amount of $64,407.17 to Southern Customs, Inc. and accept the work completed in Sidewalk Project #2 and release final payment in the amount of $70,654.27 to Southern Customs, Inc. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Boards and Commissions. Matters related to Boards and Commissions including a report on the goals and objectives of each and related matters. 11 City Council Regular and Special Session, May 22, 2006 Zoning and Planning Commission Steve Brown, Chair of the Zoning and Planning Commission, submitted the following report to the City Council: The 2006-07 Zoning and Planning Commission first met on January 12, 2006. We have quickly become accustomed to one another and are continuing the ZPC practice of friendly, collegial meetings. We set as our first job the preparation of a prioritized list of tasks to be addressed during our term. This list, updated through our May 11, 2006 meeting, is attached. In addition, the commission handles requests for routine matters such as plats as they arise. There have been no such requests so far in 2006. The effort to control the scale of new homes being built in West U has been an important ZPC agenda item for many months. It usually appears under the heading, Framed Area. With the help of Nes Tesno, our former City Planner, and our attorney, Jim Dougherty, we surveyed other ?wealthy? cities in the Dallas, San Antonio and Houston areas to see if the ideal, easy-to- understand, simple-to-administer zoning ordinance to control scale had already been invented. No such luck. The previous commission had looked at Palo Alto, California?s ordinance without success. Our next step in this area remains to be decided. Meanwhile, we are working on smaller changes, such as maximum height of porches in front yards and requiring a significant separation between the principal building and any accessory building located in the rear yard (setback). The latter is intended to limit the length of high walls along the sides of lots. When we have ready these items and enough others to justify a public hearing, we will bring them, as a group, to City Council. Discussions of town center and commercial area redevelopment have also been a fixture at ZPC meetings for a long time. We hope soon to bring Council a proposed ordinance change that would offer commercial property owners another redevelopment option, a Qualified Pedestrian- Enhanced Development (QPED). By itself, this item will probably justify a public hearing. Parking and lack of property-owner interest continue to be major hurdles to preparation of any proposal for area-wide commercial redevelopment. A major concern is the City Planner vacancy. The pace and quality of our work are likely to be affected until the new planner has gained meaningful experience in West U. Although our plate is pretty full, we welcome new ideas that may be good for West U. We can always juggle our priorities. Finally, a word of thanks. We could not have done our job without strong support from Jim Dougherty, Nes Tesno and our secretary, Sallye Clark. 12 City Council Regular and Special Session, May 22, 2006 Possible Topics for Review for 2006 ? 2007 1. To manage the scale of homes, evaluate modificationsto framed area and related regulations including possible changes in, or alternatives to the 80% rule, rear accessory building separation and maximum height in front yards. 2. Evaluate rezoning of commercial areas to allow or facilitate rebuilding and remodeling 3. Review height requirements and other matters relating to Base Flood Elevation (BSC coordinating) 4. Evaluate Garage and Driveway regulations:*** A. Evaluate garage setback requirements on new or remodeled garages to ensure that sidewalks remain unblocked B. Clarify front facing garage door conditions to be applied only to the first 10 feet from the front yard line. C. Semi-enclosed garage space definition D. Two garage space requirement with exceptions for old stock housing. E. Garage maneuvering area in single family detached (SFD) residential F. Minimum driveway widths for SFD 5. Possible limitation of volume of porches that project into front yard.*** 6. Modify definition of Old Stock Housing (original square footage too small?)*** 7. Green Building/Leadership in Energy and Environmental Design 8. Evaluate allowing fountains, arbors, trellises, sculptures and other similar items to project into yards. *** 9. Chapter 20, Subdivision Ordinance update (rewrite by City attorney and new City Planner) Pull together and put all under one public hearing*** Council Member Woods commented that if the members of the ZPC would like, he could arrange for an urban planner, who has international recognition, to give them some background regarding the ?scale of homes.? Council Member Yehle stated that he would encourage the ZPC to focus on parking as the key when they look at a Qualified Pedestrian Enhanced Development. Zoning Board of Adjustment 13 City Council Regular and Special Session, May 22, 2006 Jim Jordan, Chair of the Zoning Board of Adjustment, reported that the Board has considered numerous variances including side yard encroachments to replace air conditioners and heights on homes. Several items have carried over including variance requests from the West University Methodist Church and the West University Baptist Church. Mr. Jordan stated that the Board might like to have a workshop with the City Council to define a better way for residents or filers to more effectively present an application. Council Member Segal invited members of the Board to tell the Council or the ZPC if they run into issues where they are constantly granting variances and they see a need for a change in the ordinance. Council Member Yehle stated that he agreed with Segal?s comments and added that it did not necessarily have to be a trend of granting the same variances but that if the Board hears a single case and they observe a weakness or conflict in the ordinance then they should go to the Staff immediately. Building and Standards Commission Bryant Slimp, Chair of the Building and Standards Commission, submitted the following report: Projects Recommendations were presented to City Council for adoption of amendments to the Technical Codes Schedule including the 2003 International Codes and minor revisions to the fire code, foundation regulations and integration of the building codes. The ordinance was approved by City Council on May 8. Workshops were held regarding structural framing regulations for West U and were presented to City Council for ordinance adoption. Additional workshops were held to clarify certain issues on this ordinance, and Council approved the adoption of this ordinance on May 8. The BSC has reviewed the Federal Emergency Management Agency and State of Texas recommended model for minimum flood prevention and protection regulations. A joint workshop with the City Council and the ZPC was recently held to discuss the regulations, their implications and clarify four local issues for resolution: The four issues concern floor height with respect to the base flood elevation o (BFE), roof heights on these homes, the ramifications of net fill and water drainage, and the issues that affect modifications and improvements on existing structures and ?old stock housing?. A pre-workshop meeting with staff and the chairs of the BSC and the ZPC is o being planned for next week. The goal of this pre-workshop meeting is to clearly designate the areas of authority of each commission in regards to the issues so that a coordinated set of recommendations can be presented to City Council. The new FIRM maps will be published some time during this month. An o ordinance adopting the minimum regulations must be adopted within 180 days of the date of the map publication. 14 City Council Regular and Special Session, May 22, 2006 Hearings and Variances The BSC held one animal registration revocation hearing concerning a barking dog. The BSC issued a ruling that revoked the license of the offending animal for a one-year period. The BSC ruling allows for the possible reinstatement of the registration after 12 months if there are no further violations. One variance hearing regarding a swimming pool was held. The owner desired to build a pool that was not in compliance with existing West U ordinances. The findings for allowing a variance were not found in the affirmative, and the variance was denied. Future Work Plans The BSC has elected to work on a reduced schedule for the summer months. It will however convene for special meetings and workshops, including variance and appeal requests, as necessary. The regular meetings will resume in August or September. Projects for the second half of the year include: Continued work with City Staff and the ZPC on the Flood Prevention Ordinance. o The goal is to present Council with recommendations with enough time so that Council can reasonably enact the required ordinance within the mandated deadlines. A study of the current tree ordinance. We plan to see if the current ordinance o needs updates or revisions. The BSC, with input by the City Staff, will make recommendations to Council for potential revisions or updates. The BSC will also make recommendations for oversight of the Tree Fund generated by this ordinance. Hold workshops to discuss the problem of premature decomposition and decay of o building exteriors due to the area?s climate conditions. We plan to study materials and methods which will mitigate this problem and provide City Staff with standards and the tools to minimize the roots of this problem. The BSC plans to study solid walls that are starting to surround some newer o homes. These walls are often made of rock, brick, or masonry blocks that have little or no structural consideration. They pose a potential danger to people if they collapse during wind related or other events. We will coordinate with the ZPC on the placement of these walls. Finally, the BSC has become a very cohesive group of West U citizens that are working very hard to make West University a better place to live. Their actions have demonstrated that they take their work very seriously. They ask very intelligent questions to City Staff, workshop guests, our esteemed legal councilor, and of each other. Discussions are very through, and its actions have been fair, complete, flexible and unanimous. I am very proud to be able to work with each and every one of these individuals. Likewise, the City Staff that we work with have been extremely helpful, professional, courteous and thorough. We applaud you and the City Management for selecting these fine staff members. Council Member Yehle asked if the Commission?s reduced meeting schedule for the summer was going to meet the deadlines that the City needs to meet regarding the upcoming flooding issues and the adoption of the new flood plains. 15 City Council Regular and Special Session, May 22, 2006 Mr. Slimp stated that the BSC would continue with their workshops on specific issues. Parks and Recreation Board Janine Schueppert, Vice Chair of the Parks and Recreation Board, submitted the following report: ? Ambassador Program - Discussion of ? Major improvements include Recreation Center ?- Tim and Dave cleared out the back of the building and vastly improved the appearance. Colonial Park- ?Immediate artificial shade relief, four (4) Sycamore Trees replaced and plant a minimum of three (3) new Live Oak Trees inside the playground area. All to come this coming Fall. Plan for the planting of "trumpet vine" to cover the arbor over the swing in the Colonial Park Playground Weir Park- ?A citizen approached PARD regarding the possibility of donating a bench to be placed outside the perimeter of the fence at Wier Park for dogwalkers to enjoy a place to rest and socialize with dogs in tow. Basketball court resurfaced and a new gate installed. ? Shade There has been no opposition to the project by immediate neighbors. The money for the project is in place. A motion was made for Park's Board approval on the project which was unanimously passed. ? PARDners Program Upon approval by Council the Board would like to begin promoting the program this summer at Party in the Park and other citywide functions. Board members would also be encouraged to promote the program as part of their work in the community and as park ambassadors. The vision includes a pilot program in the fall at one of the neighborhood parks, likely Wier Park. The pilot would serve to gauge public support and plan further activities in the other parks. Ideally the Board would like to host events in both the spring and fall, either at one park at a time or at each park and ending the day with a volunteer appreciation celebration of food and/or activities. The program would be used for light maintenance work around the park (painting, etc.) and beautification (planting and clean-up). ? Park Beautification Board member, Randal Lepow, would like to develop a plan to beautify the entries to the city. Helen discussed possible plans for improving Liberty Hill, which include the removal of the pampas grass, cleaning of the sculpture and preparing the hill for wildflower seeding. The project may be overseen by Eagle Scouts, which would include their own fundraiser. ? Update to the Bylaws The main objective being to clarify terms and assure that the roles of "ambassadors" and "park auditors" clearly describes the role of board members in the community. ? Future Park Activities (i.e. Concert Series) Possible formation of a new evening music event similar to Party in the Park at Colonial in the summertime, however this event would focus on classical music and take place during 16 City Council Regular and Special Session, May 22, 2006 one month in the fall. The idea was proposed to possibly finding musicians through Rice University. Working with the Friends Board to get a sponsor for the event was also discussed. Questions for City Council Next Steps on Parks Master Plan What else would city council like to see us work on? Recycling and Solid Waste Reduction Board Orval Marlow, Chair of the Recycling and Solid Waste Reduction Board, presented the following report: The Board knows that one of the items on the City Council's goals is to increase the voluntary recycling efforts by the residents. There are several projects the Board works on a regular basis to accomplish this: One project that the Board works on with the Public Works Department every year is the Heavy Trash Day. This is held on the last Saturday of April and the last Saturday of October. During the last few years we have added a Goodwill Truck at the entrance to collect items the residents thought was trash but could be reused. In addition we have a collection area for computer/electronics recycling. Board volunteers work with the City workers to assist the residents. In addition, Board volunteers hand out info on recycling. For example, this year we th handed out a brochure with one side having information about the May 6 Shred-it Event at RecyclExpress and the other side having the "What to do with it" list. We vary the handouts from year to year depending on the areas of recycling and solid waste reduction we are emphasizing. Another project the Board has been participating in the last few years is the Meet the City event on Arbor Day. During this event Board members volunteer to "man" the booth to educate residents on the solid waste and recycling rules. In addition the Board has games for the children to play to teach them about recycling with prizes that are eco-friendly. The Board also answers residents' questions about recycling and solid waste. For this year's event, Board members Yvonne Jacobs and Jan Kellogg worked on the Board's version of the City's Safari theme as it related to recycling and solid waste. The Board continues to work each year on ways to educate the residents on recycling (which should equate to solid waste reduction), from articles in the newspapers to the Currents. In addition, the Board is working on additional ways to get the message out to the residents regarding recycling and is currently working on a door hanger with recycling and solid waste info. This year the Board, particularly with the help of Steve Stelzer, one of the Board members, worked to obtain a grant from the HGAC to promote RecyclExpress. HGAC approved our $ 10,000 grant request and we moved forward with a Shred-it Event on May 6, 2006. The event was a lot of work for the Board but was a great success in getting the word out to the surrounding communities about our RecyclExpress facility. The theme of the event was identity theft and the proper disposal of important documents but it is also increased the awareness of the facility to the surrounding communities. We partnered with the Shred-it company for the event. We will be hosting a similar event in November. 17 City Council Regular and Special Session, May 22, 2006 The Board is also working with the West University Little League and West University Softball Association, and other people in the Tri-Sports Association to increase the recycling efforts of the children, the parents, volunteers and spectators who attend the games. West University Little League has done a great job with the City's help in getting everyone to recycle more and the centralized recycling and trash pickup area has made it a more efficient process. We will continue to work with the other sections of the Tri-Sports Association, but see a dramatic increase in cooperation between their organization and the City. Currently, one of the biggest issues has become the disposal of yard waste. For many years the City's residents have put their yard waste in paper sacks and the yard waste has been taken by the City to a company which composts the yard waste. Unfortunately, the vendor the City currently uses for the composting has recently informed the City it can no longer accept the City's yard waste because of changes in its operations. The City and the Board have been exploring their options but at this time, the only viable option is to pickup the yard waste and dispose of it along with the regular trash. In the event that we are unable to find another composting solution, we expect some increase in solid waste disposal costs, but also some savings in equipment and staff cost that were dedicated to picking up yard waste. At this time, we are not recommending any changes to how the residents should handle their yard waste disposal, including, but not limited to the use of paper bags. We are also encouraging people to compost the yard waste in their back yards as was indicated in our last Currents article. The Board is also looking at ways to improve the curbside recycling operations and make sure the residents are clear about what can be recycled, particularly when it comes to #1 and #2 plastic and cardboard. The Board is concerned with the City's discussion of the land adjoining RecyclExpress that if it is sold or put on a long term lease, there will be no room to expand RecyclExpress. The Board wants to give our thanks to Brad Neighbors who is constantly working on ways to make the entire system more efficient. Senior Services Board Stan McCandless, Co-Chair of the Senior Services Board, submitted the following report: Is composed of 15 citizens who meet on the 2nd Thursday of each month to give guidance and consent to the professional Senior Services staff. Mission of Senior Services a division of The Parks and Recreation Department: To provide quality cognitive, cultural and physical programs and social opportunities to our neighbors who are 55 years and older. Vision: To assist Seniors to remain independent thorough Outreach, Referral and Support programs. Volunteer Support: Approximately 10 office hours per day is provided by volunteers. They answer the phones drive the Van and provide backup support to Toby and Kim. 18 City Council Regular and Special Session, May 22, 2006 Program: Please take a look at the "Hi Neighbor" publication to review examples of Senior activities. The Good Neighbor Team: Mission: Outreach volunteers are organized to support Seniors who may be disabled and/or homebound. Formal meetings are held on the 3rd Thursday of each month. Program: Senior contact is made through visits, phone calls and cards. Four times a year 130 to 140 Seniors are visited with seasonal baskets and/or plants. This is important to confidentially try to inventory the quality oflife of each of our Seniors. West U Handymen: Mission: Organize a group of volunteers who are qualified to perform home repairs for seniors. Program: This is an E-mail driven information system run by Toby and Kim to inform approximately 10 volunteers of Work Orders from Seniors. Materials are funded through West U Rotary and The Good Neighbor Team garage sales. City Council minutes. Matters related to the minutes of the Special Session conducted on May 4, and Regular and Special Session conducted on May 8, 2006 A motion was made by Council Member Cohen, seconded by Council Member Woods, to approve the minutes of the Special Session conducted on May 4, 2006 and the minutes of the Regular and Special Session conducted on May 8, 2006 as amended. A vote was taken on the motion with the following resul t: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Interlocal Agreements with the City of Southside Place, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, Center Point Energy Entex, gas rates and coalition, City owned properties, 19 City Council Regular and Special Session, May 22, 2006 potential purchase of property, City Center project, streetlights, railroad quiet zones and task force, board and commission liaison reports and related matters. This may include report(s) from staff and reports and directives to staff from Council Members. There were not any reports given at this time. Adjournment. A motion was made by Council Member Cohen, seconded by Council Member Woods, to adjourn the Regular Session and reconvene in Special Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None The Regular Session adjourned at 8:24 p.m. The Special Session reconvened at 8:28 p.m. The City Council continued with their discussion of the Property and Facility Assessment. Ryan O?Hara, the City?s financial consultant from RBC Dain Rauscher, presented the Council an analysis of the potential impact of a $5 million to $25 million-bond program. Time Warner Cable. Matters related to Time Warner Cable including administrative proceedings, pending or contemplated litigation. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway and Finance Director Walter Thomas to attend the Executive Session because their presence is necessary for the Council?s consideration of the issues. At this point in the meeting, the Mayor publicly announced that a closed, executive session would be held and identified the section of the Open Meetings Law under which the meeting would be held. Closed Executive Session to be held under Section 551.071 Texas Government Code. After the announcement, the City Council conducted a closed, executive session beginning at 9:30 p.m. 20 City Council Regular and Special Session, May 22, 2006 After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 9:40 p.m. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Cohen, seconded by Council Member Yehle , to adjourn the Special Session A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Cohen, Segal, Woods and Yehle Voting Nay: None Absent: None The City Council adjourned the Special Session at 9:45 p.m. 21