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HomeMy WebLinkAbout061404R CC Min CITY COUNCIL WORKSHOP AND REGULAR SESSION MONDAY, JUNE 14, 2004 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:00 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on June 14, 2004, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Parks and Recreation Director, City Planner, Police Chief, Fire Captain, Public Works Coordinator and Operations Superintendent were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 10 day of June 2004 at 4:30 p.m. Workshop Session (in the Bill Watson Conference Room) Drainage and Flood Prevention. Matters related to drainage and flood prevention including a report from the Harris County Flood Control District and Claunch and Miller, Inc. Alisa Max from the Harris County Flood Control District reported on the changes in the floodplain maps and provided information on the Tropical Storm Allison Recovery Project. Mike Vandewater, Chris Claunch, John Rudloff, and Dave Jorgensen representing Claunch & Miller, Inc., were also present at the meeting. Infrastructure Improvements. Matters related to infrastructure improvements including current and future projects. Assistant City Manager/Public Works Director Ron Wicker reported that the final phases of the overall infrastructure project were near completion. He presented an assessment of the program?s accomplishments and scope of work still needed. Future projects include drainage, paving and repair of some streets, replacement of water lines, repair of water well #7, water tank renovations and sewer plant maintenance. Capital Improvement Program, City Finances and Facilities. Matters related to the capital improvement program, city finances and facilities including related programs and expenditures, revenues and expenditures for current and future years City Council Workshop and Regular Session, June 14, 2004 for all funds, recreation facilities and other park projects, police and public works facilities, street lighting, sidewalks, drainage and flood control, traffic and parking and other public improvements. City Manager Michael Ross reviewed a preliminary five-year capital improvement program with the City Council. These projects include pavement replacement, drainage improvements, a streetlight replacement program, railroad crossing quiet zone, purchase of fire engine, construction of an emergency operations center, renovation and repair of police station, emergency electrical power for city facilities, purchase of software for H.T.E. and internet interface, park improvements and lift station maintenance. Funding for some of the projects will be requested during the 2005 budget. The City Council recessed the Workshop at 6:25 p.m. to convene in Regular Session. Formal Session Public hearing. A Public Hearing was held before the Zoning and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearing was to provide an opportunity for parties in interest and citizens to be heard in relation to a proposal to amend the City?s Zoning Ordinance regarding ?framed area?. Mayor Ballanfant called the public hearing before the City Council to order. Steve Brown, Vice Chair of the Zoning and Planning Commission, called the public hearing before the Commission to order. Members present were Beth Beloff, Jeffrey Horowitz, Bob Inaba, James Passamano and Stephen Stewart. Commission Member Horowitz filed an affidavit declaring debt and equity holdings in excess of $15,000 in a house and lot located at 4238 Judson with the City Secretary and did not participate in the discussion of this item. City Planner/Urban Forester Nes Tesno explained the proposed amendment. She reported that the proposal is to amend the definition of ?framed area? in Article 2 of the Zoning Ordinance and to add two related definitions. The proposed amendment would change the definition of ?framed area? to: (1) include space beneath an enclosed building space (for example, a breezeway beneath a hallway); (2) include roofed porches, except certain porches directly facing a street; and (3) clarify and tighten the existing definition, for example, by: (a) including most areas under roof, 2 City Council Workshop and Regular Session, June 14, 2004 (b) specifying how to measure height or headroom, and (c) adding definitions of ?enclosed? and ?unenclosed.? The proposed amendment would also add a special rule regarding loss of PNC status (prior non-conforming status) for non-compliance with framed area regulations. Members of the public were invited to ask questions or speak concerning the proposed amendments. David Crow, 4039 University, commented that he was concerned about how the amendments would affect the smaller 50-foot wide lots. He stated that he was almost finished with his plans and now the City is changing the rules. Jorge Jimenez-Marcos, 6636 Wakeforest, commented that he was opposed to the amendments because the measurement would affect the smaller lots. He stated that builders would build homes that look like boxes without porches or overhangs. Tom Peden, 4123 Dartmouth, commented that the proposed changes would affect the value of the land in West University and builders would begin to shift to other areas. David Bergt, 3012 Rice, commented that he was replacing his garage with a garage apartment and with the proposed amendment the porch would be counted even though it is not air conditioned. Cynthia Scott, 4025 Amherst, commented that she was a resident and builder and that she supported the proposed changes. She stated that the comments by builders who do not live in the city should not be considered because they did not have a long-term interest in the City. Linette Courtney, 3936 Milton, commented that they recently purchased a larger lot so that they could build the home they wanted and the plans are finished and now the rules have changed without any warning. Byrlan Cass Shively, 3932 Oberlin, commented that the proposed amendments are discriminatory toward the smaller lots. She stated that it would encourage front-loading garages. Les Albin, commented that he was in favor of the proposed amendments. There being no other persons wishing to speak, a motion was made by Commission Member Beloff, seconded by Commission Member Stewart, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. 3 City Council Workshop and Regular Session, June 14, 2004 A vote was taken on the motion with the following result: Voting Aye: Commission Members Brown, Stewart, Beloff, Passamano and Inaba Voting Nay: None Absent: Commission Member Ross A motion was made by Council Member Segal, seconded by Council Member Fogler, to make all statements, exhibits and documents a part of the official record of this hearing and to close the public hearing. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. David Cole, 4104 Cason, commented that he was opposed to the opening of a Cason Street entrance to the Recreation Center. He stated that emergency vehicles have never had problems getting in or out of the Recreation Center. Robert Booth, 4126 Cason, commented that the entrance to the Recreation Center from Cason should only be for pedestrians and children. Patrick Trask, 3411 Richmond, stated that he was the developer of the high-rise on Shakespeare. He commented that the building has already been reduced from 28 stories to 12 stories and that there were already apartments on the site. Proposed High-rise on Shakespeare. Matters related to a proposed high-rise building to be constructed on Shakespeare Street in the City of Houston including Resolution No. 2004-08. Mayor Ballanfant read the caption of Resolution No. 2004-08 as follows: A resolution relating to the proposed construction of a high rise apartment complex on Shakespeare Street adjacent to Kirby Drive and containing findings and provisions relating to the subject 4 City Council Workshop and Regular Session, June 14, 2004 City Attorney Jim Dougherty previously filed an affidavit declaring debt and equity holdings in excess of $15,000 in a house and lot located at 2607 Fenwood with the City Secretary and did not participate in the discussion of this item. A motion was made by Council Member Woods, seconded by Council Member Fogler, to amend the Resolution by adding the following clause: Whereas, in the absence of a zoning ordinance, the City of Houston fails to adequately manage the impact of development particularly on residential property. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and Woods Voting Nay: Council Member Segal Absent: None The motion to amend the resolution passed. Council Member Segal inquired about the clauses in the resolution that addressed increased traffic congestion and a negative impact on property values. Mr. Ross commented that cut-through traffic could be a problem and multi-family units tend to have a negative impact on single-family residences. Mr. Trask commented that the traffic might decrease because people who would normally drive and shop at the village may now walk there. He also stated that the apartments were going to be very upscale and not affordable to just anyone. Council Member Segal made a motion to table consideration of the Resolution to allow Council an opportunity to review additional information. The motion failed for lack of a second. A motion was made by Council Member Fogler, seconded by Council Member Woods, to approve the Resolution as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Farley, Fogler and Woods Voting Nay: None Absent: None Abstain: Council Member Segal 5 City Council Workshop and Regular Session, June 14, 2004 Cason Street Entrance to the West University Recreation Center. Matters related to the Cason Street entrance to the West University Recreation Center including paving, curbs and gutters. Parks and Recreation Director Tim O?Connor reported that the West University Recreation Center officially opened, on a limited basis, June 1, 2004. City Council directed staff to have the Parks and Recreation Board review the matter of the Cason Street entrance and to formulate a recommendation for City Council consideration and action. The Parks and Recreation Board unanimously agreed that the opening of Cason Street should involve both vehicular ingress and egress to the facility with a provision for pedestrian traffic being incorporated into the design/construction. Mr. Wicker stated that the contractor for Priority Area 10 has agreed to work with the City on the amount of the construction but the City will still get at least three bid proposals before moving forward. He commented that the construction could probably be done for less than $25,000. A motion was made by Council Member Segal, seconded by Council Member Woods, to approve the Parks and Recreation Board?s recommendation to open Cason Street for both vehicular ingress and egress to the facility in an amount not to exceed $25,000. The City Council agreed that they would like to see a schematic drawing before moving forward with the project. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Bark Park. Matters related to a bark park including the appointment of a Task Force Council Member Segal requested that the Council have a chance to meet the volunteers for the Task Force before appointing the members. The Council agreed. City Council minutes. Matters related to the minutes of the Regular Session conducted on May 10 and 24, 2004. 6 City Council Workshop and Regular Session, June 14, 2004 A motion was made by Council Member Farley, seconded by Council Member Fogler, to approve the minutes as submitted. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None Council comments Mayor Ballanfant commented that he attended a meeting with H.I.S.D. The City Council recessed at 7:50 p.m. and reconvened in Workshop Session at 7:55 p.m. Workshop Session (in the Bill Watson Conference Room) A motion was made by Council Member Segal, seconded by Council Member Farley, to change the order of the agenda. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley, Fogler and Woods Voting Nay: None Absent: None City owned property. Matters related to all city-owned property including the sale or lease of the property located at the SWC Westpark Drive and Wakeforest Street and other related matters. Marshall Clinkscales of MSC Properties, Inc. reported on the possible sale or lease of the property on Westpark Drive. After discussion of this item, the City Council agreed that Mr. Clinkscales should bring Council a solid estimate of the cost to put together a detailed package for the sale or lease of the property. Tree trust and Urban forest preservation and enhancement. Matters related to the Tree Trust and Urban forest preservation and enhancement. 7 City Council Workshop and Regular Session, June 14, 2004 Mrs. Tesno made the following report on the Tree Trust and Urban forest preservation and enhancement. Current Tree Replacement Requirements The City of West University Place regulates the removal of healthy trees. Upon application a tree is evaluated and applicants are informed of the number of diameter inches they are required to replace. They have a number of options: 1) Plant the required inches 2) Plant trees elsewhere in the City of West University Place 3) Donate to the West University Tree Trust 4) A combination of the above options. Replacement trees must be a minimum of a 2? in diameter, and at least 75% of the inches must be trees that are on the qualified tree list. The qualified tree list is a list of preferable trees that do well in our area. These trees must be planted on the subject property unless the subject lot already exceeds its Minimum Planting Standard (dependent on lot size, a certain number of trees are required on the property). If replacement trees are planted offsite, documentation must be submitted to the City. All trees are inspected and measured by staff to confirm compliance. An applicant can also donate money to the Tree Trust or replace by a combination of options. Proposed Replacement Alternatives Require larger size trees for replacement of significant qualified trees that are removed. A significant qualified tree is a Class 1or 2 tree that is at least 12? in diameter. Viable alternatives for replacement of trees: 1) When a significant tree or trees is/are removed, that is evaluated with at least a 75% replacement, then the applicant is required to include in those replacement inches at least one 4? diameter tree (or 100 gallon) for every 10 inches required. Tree Replacement Requirements Required replacement inches Minimum # of 4? (or 100 gallon) trees 10 1 + qualified trees to equal required 20 2 + qualified trees to equal required 30 3 + qualified trees to equal required 40 4 + qualified trees to equal required 50 5 + qualified trees to equal required 60 6 + qualified trees to equal required 8 City Council Workshop and Regular Session, June 14, 2004 If there is insufficient room on property to plant the trees, then the applicant may donate to the tree trust but must pay for the required amount of 4? (or 100 gallon) trees. Pros to this alternative 1) Increased number of larger trees will be planted. 2) May dissuade some tree removals due to replacement requirement. Cons to this alternative 1) Increased cost to applicants 1) Another replacement option would be to change the parameters used in the option above to require any significant tree (not just the ones evaluated at 75%) to comply to the above table. Staff is in favor of Option #1. This option allows for larger trees to be planted and at the same time allows some flexibility in replacement for lower evaluated trees. Tree Ordinance and associated amendments Increase cost of tree removal permit from $25 for a healthy tree to $50; the cost has not changed in 12 years. Add permit charge of tree removal for dead, diseased or dying trees, $25. Permits for dead, diseased or dying trees are currently free of charge. These permits still require staff time so a fee may be considered for these permits. Increase cost of the Tree Trust donation from $100 to $125 a diameter inch. Staff is in favor of all three of the above cost increases. Clarify existing ordinance in regard to the option to plant offsite trees in the ?reasonable proximity? if planting on site is not an option. A few options are: 1. Define ?reasonable proximity? as a certain area around the site where the tree was removed. Reasonable proximity could be defined as within the block the tree is removed and adjacent blocks. 2. Allow trees to be planted anywhere within city limits to be counted toward replacement. Staff is in favor of Option #1 defining ?reasonable proximity? to the same block that the tree is removed from and adjoining blocks. This allows trees to be planted in all areas that could possibly be impacted by the removal of a tree from a building site. For example, if a tree is removed from a rear yard, replacement trees could be planted at the property directly behind or diagonally to the subject site. 9 City Council Workshop and Regular Session, June 14, 2004 Clarify existing ordinance to allow combination of options for the replacement of trees. The ordinance currently states that replacement inches (if not feasible to be planted on site) could be either planted off site or donated to the tree trust. Staff would like to add flexibility to be able to combine options. Designate portion of Trust Fund to be used for tree maintenance. Too often trees are planted in cities and not maintained properly. Improperly maintained trees have an increased susceptibility to disease, breakage and infestation. Recently the City of Dallas lost nearly 1000 city trees due to a storm. Some of these trees could have been . saved if preventive maintenance was performed Allow portion of monies donated be deposited into an expendable Trust Fund o (set up by finance director) used for the maintenance (pruning, treating, fertilization, removal, etc.) of trees on city owned property (parks, city hall, community building, water tower, etc). These monies could also be used for the emergency pruning or removal of hazardous trees, and pruning branches obstructing traffic lights and signs that require the skills of a professional tree service. The remaining money would be donated to the existing Trust Fund account. The division of the money could be set by percentages of donations (i.e. 75% for tree planting and 25% for tree maintenance) or by designating a certain amount annually (i.e. the first $25,000 for tree planting, donations exceeding that amount would go to tree maintenance but not to exceed an amount set by Council). The City Council agreed that the cost for the removal of a dead, diseased or dying tree should remain free of charge. They requested that the Staff work with the City Attorney to prepare an ordinance for their consideration. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Woods, seconded by Council Member Farley, to adjourn. The Council meeting adjourned at 8:58 p.m. 10