Loading...
HomeMy WebLinkAbout102306R CC Min CITY COUNCIL SPECIAL AND REGULAR SESSION MONDAY, OCTOBER 23, 2006 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Special and Regular Session in the Municipal Building (3800 University Blvd.) on October 23, 2006, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Woods and Yehle. The City Manager, City Secretary, City Attorney, Finance Director, Assistant City Manager/Public Works Director, Police Chief, Building Official and Assistant to the City Manager were also present. Council Member Cohen was absent. The notice for this meeting was posted in accordance with the Texas Government Code, Chapter th 551, on the 20 day of October 2006 at 3:30 p.m. Special Meeting with members of the Zoning and Planning Commission Buildings in Rear Yards, Front Porches, Framed Area and the Town Center redevelopment. Matters related to buildings in rear yards, front porches, framed area and Town Center redevelopment. Members of the Zoning and Planning Commission present at the meeting were Chairman Steve Brown and Les Albin. Mr. Brown reported that the first proposed amendment changes Table 7-6, Note 1.2 of the Zoning Ordinance regulating front porch projections. The proposed amendment specifically states that front porches may project into a front yard in a single-family residential district if the front yard depth is 20 feet or more. The amendment further limits the height of the projection to an amount equal to the required depth of the front yard. For example, if the depth of a front yard is 20 feet, the height of the projecting part may not exceed 20 feet. The existing requirements for porch projections (not designed or used for motor vehicles, volume limits, and open areas) are not changed. Mr. Brown reported that the second proposed amendment changes Table 7-6, Note 3 of the Zoning Ordinance regulating buildings in the rear yard. This proposed amendment allows a detached accessory building only to project into the rear yard (twenty feet) if certain criteria are met. A new criterion is separation between the primary structure and the accessory structure. The separation required is based on a percentage of the lot width calling for a minimum of 7% City Council Regular Session, October 23, 2006 between main walls, and 5% between any other portions of the buildings (eaves, bay windows, etc.). The proposed amendment also allows for an unenclosed breezeway connecting the principal and accessory structures, as long as the walkway does not exceed three feet in height, and the roof does not exceed fourteen feet in height. Joint public hearings with the City Council and members of the Zoning and Planning Commission concerning the above proposed amendments have been called for November 13, 2006. Mr. Brown reported that on May 22, 2006, the Zoning and Planning Commission reported to City Council that they were discussing possible town center and commercial area redevelopment regulations. Initially, ZPC worked on the regulations as an additional development option category, establishing draft guidelines for a Qualified Pedestrian-Enhanced Development (QPED). There have been recent discussions concerning a possible zoning change that would designate new criteria for the town center area. This would not preclude someone from seeking approval for development as a PDD. The City Council discussed the possible redevelopment of the Town Center and parking issues in the area. The City Council recessed the Special Session at 6:30 p.m. to convene in Regular Session. Formal Session Citizen Comments. Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Suzanne Thomas, 3936 Byron, objected to sidewalks being installed on the East side of Weslayan. Alida Drewes, commented that the City?s tax rate was too high and that she did not want any additional fees. Eileen Glaser, 4211 Albans, stated that she supported the bond issues on the November ballot. John Stokes, 2920 Rice, requested that the City Council support the marathon to be held on January 14, 2007. Brant Kotch, Race Director for the Chevron Houston Marathon, was also present at the meeting. 2 City Council Regular Session, October 23, 2006 Bob McLamb, 3908 Milton, stated that he supported the bond issues on the November ballot and encouraged the Council to support them also. 2007 Chevron Houston Marathon. Matters related to the 2007 Chevron Houston Marathon scheduled for January 14, 2007. A motion was made by Council Member Segal, seconded by Council Member Yehle, to allow the marathon to use the City streets after obtaining the necessary permits. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The motion passed 4-0. Public Hearing (Budget). The City Council held a public hearing to consider the 2007 proposed budget covering all funds for the City of West University Place. There were not any citizens who wished to speak during the public hearing. City finances, facilities, programs, and the 2007 Budget. Matters related to city finances, facilities, programs, and the 2007 Budget including revenues and expenditures for current and future years for all funds, and capital improvements, priorities and related programs and expenditures, including recreation facilities, parkland and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, traffic and parking and other public improvements, City projects and Ordinance No. 1834. Mayor Ballanfant read the caption of Ordinance No. 1834 as follows: An ordinance approving and adopting a budget for the fiscal year beginning January 1, 2007 and ending December 31, 2007 appropriating funds for such budget; and containing findings and provisions relating to the subject Copies of Ordinance No. 1834, in the form proposed for adoption, were available in the Council Chambers. Finance Director Walter Thomas reported that the Ordinance appropriates a total of $37,880,130 for operations, debt service and capital for the year beginning January 1, 2007 and ending December 31, 2007. This total appropriation is spread over sixteen funds as follows: 3 City Council Regular Session, October 23, 2006 General Fund11,312,900$ Water Fund4,963,650 Debt Service Fund6,802,500 Capital Projects Fund3,954,000 Infrastructure Replacement Fund247,000 Sidewalk Construction Fund2,472,600 Employee Benefit Fund1,461,590 Parks Fund- Equipment Replacement Fund184,500 Court Security Fund16,000 METRO Grant Fund589,000 Drainage Improvement Fund4,232,540 Solid Waste Fund1,145,550 Technology Management Fund454,800 Tree Replacement Fund39,000 Court Technology Fund4,500 Total Appropriations37,880,130$ The Ordinance also authorizes 121 full time employees for the 2007 Budget. Technology GeneralWaterSolidManagement FundFundWaste FundFundTotal Administration -4 - 2 6 Finance8 - - - 8 Police32 - - - 32 Fire24 - - - 24 Public Works20 14 7 - 41 Parks10 - - - 10 1498 7 2 121 A property tax rate of 40.2 cents per $100 in assessed value is necessary to provide funding for the 2007 Budget. The tax rate is allocated between the General Fund and the Debt Service Fund as follows: General Fund19.247.761% Debt Service21.052.239% 40.2100.000% 4 City Council Regular Session, October 23, 2006 Mayor Ballanfant commented that, as of the end of September, the City may have over $300,000 more revenue and approximately $90,000 less in expenditures than was budgeted. The Mayor stated that the City has routinely put money in the general fund at the end of the year and that he felt that the Council could further lower the tax rate this year. He suggested that the tax rate be lowered to 40 cents per $100 valuation. Council Member Segal commented that the extra $67,000 from having the tax rate at 40.2 cents would go to the general fund and for the betterment of the city by using that money for streetlights, the design of the emergency operation center or other capital projects. Council Member Woods agreed that a specific use was identified for the extra $67,000. A motion was made by Council Member Woods, seconded by Council Member Yehle, to adopt Ordinance 1834 approving and adopting a Budget for the fiscal year beginning January 1, 2007 and ending December 31, 2007 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The motion passed 4-0. Ad valorem taxes for tax year 2006 . Matters related to ad valorem taxes for tax year 2006 including Ordinance No. 1835. Mayor Ballanfant read the caption of Ordinance No. 1835 as follows: An ordinance adopting and setting a tax rate; levying and assessing ad valorem taxes for tax year 2005; confirming and granting exemptions; and containing findings and provisions relating to the subject Copies of Ordinance No. 1835, in the form proposed for adoption, were available in the Council Chambers. Mr. Thomas reported that a property tax rate of 40.2 cents per $100 in assessed value is necessary to provide funding for the 2007 Budget. The tax rate is allocated between the General Fund and the Debt Service Fund as follows: General Fund19.247.761% Debt Service21.052.239% 40.2100.000% 5 City Council Regular Session, October 23, 2006 The ordinance also confirms and grants an over-65/handicapped exemption of $110,000. Council Member Woods suggested that the Council consider increasing the over-65/handicapped exemption to $150,000 at a future Council Meeting next year. A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve a property tax rate of $040.2 per $100 valuation and approve Ordinance No. 1835 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Woods and Yehle Voting Nay: Mayor Ballanfant Absent: Council Member Cohen The motion passed 3-1. Water rates. Matters related to water rates including Ordinance No. 1836. Mayor Ballanfant read the caption of Ordinance No. 1836 as follows: An ordinance relating to water rates; amending the fee schedule of Code of Ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. This item will be considered at the next Council Meeting. Address numbers. Matters related to address numbers including Ordinance No. 1833. Mayor Ballanfant read the caption of Ordinance No. 1833 as follows: An ordinance relating to address numbers; amending the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1833, in the form proposed for adoption, were available in the Council Chambers. Chris Peifer, Assistant City Manager/Public Works Director, reported that Section 18-60 of the Code of Ordinances regulates the issuance, location, and size of address numbers for each building within the city limits. Displaying or posting a correct, visible, and legible address on all buildings is necessary for routine identification purposes, but becomes even more important in 6 City Council Regular Session, October 23, 2006 emergency situations when the slightest delay might make the difference between life and death, or minor and major damage. In this regard, Staff considers this ordinance an enhancement for the safety and well being of residents. Staff proposes amendments to Section 18-60 that encourages visibility and legibility of address numbers by emphasizing the contrast, size, and location of the address numbers. Also included in this ordinance is a means of obtaining an alternate approval and provisions for existing numbers to be brought into compliance. Two minor changes have been made to the ordinance since the first reading on October 9, 2006. One change, suggested by the BSC at their meeting on October 5, adds wording for buildings without posted numbers to the section with existing buildings and gives those buildings the same time frame in which to achieve compliance. The second change formally references the BSC appeal process, found in Chapter 18 of the Code of Ordinances, as the administrative remedy for aggrieved parties. A motion was made by Council Member Segal, seconded by Council Member Woods, to adopt Ordinance No. 1833 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The motion passed 4-0. Bond Election. Matters related to the November 7, 2006 City Bond Election, including the West University Place Recreation Center, Colonial Park and Parkland Acquisition. Council Member Segal stated that Proposition 3 did not include the Pittsburg property because that Proposition was limited to a neighborhood park as explained by the City in presentations to the public. Mayor Ballanfant stated that the Proposition 3 funds could be used to purchase the Pittsburg property and that he had asked the City Attorney who told him the proceeds could be used to purchase the Pittsburg Property. Council Member Segal commented that the Pittsburg property is not a neighborhood park and that he would consult further with the City Attorney. A discussion ensued between the Council Members. The City Council expressed various opinions relating to the Bond Propositions. 7 City Council Regular Session, October 23, 2006 City Council minutes. Matters related to the minutes of the Regular and Special Session conducted on October 9, 2006. A motion was made by Council Member Yehle, seconded by Council Member Segal, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The motion passed 4-0. Council Reports. There were not any reports given during this agenda item. City Manager Report. There were not any reports given during this agenda item. The City Council adjourned the Regular Session at 7:35 p.m. and reconvened in Special Session. 3936 Marlowe Street; Weslayan Street. Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from Bissonnet Street to Bellaire Boulevard), including easement or right-of-way matters, house under construction, legal defense, permits, administrative proceedings, pending or contemplated litigation or a settlement offer, and purchase, exchange, lease or value of real property and related issues. The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway, City Attorney Alan Petrov, Building Official Debbie Scarcella, Assistant City Manager/Public Works Director Chris Peifer and Legal Counsel Mark Breeding 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 and Section 551.072 Texas Government Code. 8 City Council Regular Session, October 23, 2006 After the announcement, the City Council conducted a closed, executive session beginning at 7:40 p.m. After the closed, executive session, the Mayor announced, in open session, that the City Council had concluded its closed, executive session at 8:25 p.m. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Segal, seconded by Mayor Ballanfant, to adjourn the Special Session. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Woods and Yehle Voting Nay: None Absent: Council Member Cohen The City Council adjourned the Special Session at 8:26 p.m. 9