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HomeMy WebLinkAbout032403R CC Min CITY COUNCIL REGULAR SESSION MONDAY, MARCH 24, 2003 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on March 24, 2003, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director, Finance Director and City Planner were also present. The notice for this meeting was posted in accordance with the Texas Government Code, st Chapter 551, on the 21 day of March 2003 at 5:00 p.m. Formal Session Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Joe Foster, 4125 Coleridge, commented that about two years ago the City sent out a questionnaire asking resident?s opinion on gasoline powered leaf blowers. The response that was received indicated in excess of 80% of the respondents were for total ban of gasoline powered leaf blowers in the city limits. He requested that the City Council discuss this item formally. Mr. Foster also discussed the city?s debt. He stated that the City could not continue to incur debt especially with the property valuation rising. Jan Weeks Franzen, 4226 Southwestern, commented that she was concerned with the driveway and setback issues. She stated that she had a small house and her neighbors have already built lot line to lot line and she was concerned that when she decided to rebuild, their house would have to be smaller because of the restrictions. Mayor Lewis referred Mrs. Franzen to the City Planner to discuss her concerns further. Signs. Matters related to sign regulations including Ordinance No. 1733. Mayor Lewis read the caption of Ordinance No. 1733 as follows: City Council Regular Session, March 24, 2003 An ordinance amending the Code of Ordinances of the City of West University Place, Texas, regarding signs; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1733, in the form proposed for adoption, were available in the Council Chambers. Nes Tesno, City Planner, stated that this was the first reading of Ordinance No. 1733, which amends Chapter 3 of the Code of Ordinances regarding signs. Key changes will be: Clarify that only outdoor signs are regulated. Allows signs in vending machines. Adds restrictions on ground signs (monument, pylon or pole signs, etc), limits on numbers, location, design and height. Adds restrictions on Building Mounted signs, limits on size, projections, canopy signs and height. Power line separation. Limits display area for fixed signs (5% to 3% of site area). Allows two semi-fixed signs at unoccupied homes (i.e. house under construction), no limit on size of semi-fixed for occupied homes. Raises maximum display area from four square feet to five square feet for signs at single-family residences and imposes max limit to 32 square feet of display area. Clarifies that flags are allowed without limit at occupied single-family residences. Allows banners, subject to certain limits except at unoccupied sites. The public hearing was held on March 10, 2003. The Zoning & Planning Commission voted to forward their final report to Council with no changes. A motion was made by Council Member Farley, seconded by Council Member Griffin, to adopt Ordinance No. 1733 on the first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Driveways, etc. Matters related to driveways, maneuvering areas, curb cuts, etc, including Ordinance No. 1734. Mayor Lewis read the caption of Ordinance No. 1734 as follows: 2 City Council Regular Session, March 24, 2003 An ordinance amending the zoning ordinance of the City of West University Place, Texas, regarding driveways, curb cuts, etc.; and containing findings and provisions relating to the subject Copies of Ordinance No. 1734, in the form proposed for adoption, were available in the Council Chambers. Mrs. Tesno reported that this was the first reading of Ordinance No. 1734 for driveways, maneuvering areas and curb cuts. The proposal to amend Table 7-5a, Sections 10-102 and 10-103 and Article 2 is as follows: (1) Clean up of regulations, including some cross-referencing, definitions and reorganization. (2) All 30-foot-wide driveway for side facing garages with three or more bays (compared with 20 feet under current ordinance). (3) Add measurement rules for maximum driveway width and maximum curb cut width (Note: driveway maximum widths would be measured in the street area?i.e., the ROW and in the front yards only. As a result the maximum widths would not apply elsewhere. Curb cut widths would be measured at the edge of the roadway.); and (4) Allow parking pads, stub driveways or other maneuvering areas in residential front yards connected to a major thoroughfare (i.e. Kirby, Bellaire or Bissonnet), to allow vehicles to turn around and enter thoroughfare going forward. The public hearing was held on March 10, 2003. The Zoning & Planning Commission voted to forward the final report to Council with no changes. A motion was made by Council Member Jackson, seconded by Council Member May, to adopt Ordinance No. 1734 on first reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Yards or ?setbacks?. Matters related to yards or ?setbacks? including Ordinance No. 1735. Mayor Lewis read the caption of Ordinance No. 1735 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas, regarding yards or setbacks; and containing findings and other provisions relating to the subject 3 City Council Regular Session, March 24, 2003 Copies of Ordinance No. 1735, in the form proposed for adoption, were available in the Council Chambers. Mrs. Tesno reported that this was the first reading of Ordinance No. 1735 amending the zoning ordinance concerning side setback. Currently, City regulations allow the alternate side setback of 3/7 on narrow sites (lots less than 55? wide). At times this allows structures to be within six feet of each other. Due to concerns about safety this prompted the Zoning & Planning Commission (ZPC) to study the setback issue. In an attempt to continue the use of the ?3/7? Narrow Site Exception, an amendment was developed that set the minimum separation between buildings to eight feet. The Commission also considered additional amendments related to this proposal including: (i) a restriction on side fences and (ii) a requirement for added fire resistance and sprinkling for new buildings built close to side property lines. These restrictions would not affect the Zoning Ordinance. Therefore, the Commission believes that the additional amendments should be considered by the Building and Standard Commission (BSC). A public hearing was held on March 10. The Zoning & Planning Commission voted to send the final report to City Council with no changes. Mrs. Tesno commented that at this time the Building and Standards Commission has sent some recommendations concerning the side fences and also a recommendation for a comprehensive review of a sprinkler ordinance and also the use of fire resistant materials. She stated the staff is recommending approval of the first reading contingent upon the Building & Standard Commission?s recommendation in regard to height and location of side fences, and the future review of a comprehensive residential sprinkler ordinance and the use of fire retardant materials. A motion was made by Council Member Griffin, seconded by Council Member Jackson to approve Ordinance No. 1735 on the first reading. Council Member Farley commented that as he recalls when this item was discussed previously the City Council agreed to ?marry? what is coming from the BSC to what is recommended from the ZPC. He suggested that this item be deferred until those recommendations come from the BSC. An amended motion was made by Council Member Griffin, seconded by Council Member Jackson, to table consideration of this item until a later date. A vote was taken on the amended motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None 4 City Council Regular Session, March 24, 2003 Absent: None Election. rd Matters related to the May 3 Election including Ordinance No. 1736. Mayor Lewis read the caption of Ordinance No. 1736 as follows: rd An ordinance relating to the elections to be held on the third (3) day of May, 2003; appointing election officials and providing for a contract with Harris County; containing findings and provisions relating to said election; and declaring an emergency) Copies of Ordinance No. 1736, in the form proposed for adoption, were available in the Council Chambers. City Secretary Kaylynn Holloway stated that on February 24, 2003 the City Council adopted Ordinance No. 1732 calling the General Election for May 3, 2003. Included in this ordinance was the appointment of Mike Woods as the Presiding Judge for the Central Counting Station. Mr. Woods has since filed an application for a place on the ballot. The Staff has also received a contract with Harris County for Voting Equipment. Ordinance No. 1736 will appoint Victor Hansen as the Presiding Judge and Kaylynn Holloway as the Manager and Tabulation Supervisor of the Central Counting Station. It will also authorize the City to contract with Harris County for the voting equipment, supplies and training. A motion was made by Council Member May, seconded by Council Member Farley, to approve Ordinance No. 1736 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 2003 Budget. Matters related to the 2003 Budget including a budget contingency plan. Finance Director Walter Thomas reported that while revenues have generally met or exceeded targeted amounts for the first two months of fiscal 2003, continued weakness in the national and local economies give rise to concern that revenues may fall short of the amounts estimated in the 2003 Budget. The City has adequate Fund Balance to cushion 5 City Council Regular Session, March 24, 2003 against unexpected loss of revenues, but in order to protect those reserves staff has developed a Budget Contingency Plan that would adjust expenditures if it becomes likely that revenues will fall short of estimates. The plan recognizes that temporary shortfalls in revenue may occur, so the planned first response is to direct austerity, but as it becomes apparent that the shortfalls are going to be more significant the planned responses range from hiring freezes to reducing program activity. This plan may be modified in future years as necessary to adapt to changing circumstances A motion was made by Council Member Griffin, seconded by Council Member Farley, to adopt the budget contingency plan . A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Janitorial services. Matters related to janitorial services including bids received February 27, 2003. The following bids were received: Bidders Bid Amount Agape $110,857.40 Claron $ 67,470.80 Distinct $344,774.50 th Assistant City Manager/Public Works Director Ron Wicker reported that on January 30 th and February 6, the City advertised for Janitorial Services that covered maintenance for th most City facilities. Bids were opened on February 27. Three bids were received. Of the bids received, Claron, our current contractor, was the low bidder. The low bid received in the amount of $67,470.80 is within budgeted estimates. Request for new services became evident with the preparation and adoption of the 2003 budget. The 2003 budget anticipated the possible operation of the YMCA facility within the budget year. City facilities not currently covered by the current janitorial contract were also considered. The bid specifications were revised to allow unit prices for all public buildings, based on frequency of services, at each facility. The specifications were structured in this way so that services could be added or deducted as needed. The new bid 6 City Council Regular Session, March 24, 2003 specifications added the YMCA facility, Community Center, Administrative offices in the Fire Department and some additional areas in the Police Department. The actual scope of services was significantly increased. Another major change in the specifications provided for the contractor to furnish all janitorial supplies and equipment, such as paper towels, toilet paper, buffers, etc. By taking this approach, storage requirements were minimized in all areas, while requiring the contractor to maintain supplies. Mr. Wicker stated that the unit prices are broken down by daily, weekly, monthly and bi- annual services. This approach will allow some flexibility in addressing building janitorial needs. For example, if the YMCA is not useable until December 2003, that service could be omitted until that time. Services can be structured to fit City needs. Please keep in mind that the $8,000.00 shown for the YMCA is calculated for a one-year period. Other adjustments may be needed as service levels dictate. The contract as bid is for a period of two years. A motion was made by Council Member Griffin, seconded by Council Member Jackson, to award of contract to Claron in the amount of $67,740.80 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None City Council minutes. Matters related to the minutes of the Regular Session conducted on March 10, 2003 and Special Session conducted on March 14, 2003. A motion was made by Council Member Farley, seconded by Council Member Jackson, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Staff report. Mr. Ross commented that the first quarterly issue of City Currents would be delivered soon. 7 City Council Regular Session, March 24, 2003 Council comments Mayor Lewis commented that the small city Mayors met and after much discussion agreed that they are going to seek an extension of the current contract with METRO. She also commented that the group that has been discussing the trolley met and METRO had some alternative plans and some suggestions to not include West University in the trolley path but to increase the number of times Bus #70 goes through the City and will connect with the light rail. The City Council recessed the Formal Session to convene in Informal Session at 7:07 p.m. Informal Session Trains. Matters related to trains including noise and whistles and information presented by . representative of the Union Pacific Railroad and Federal Railroad Administration Mr. Ross reported that the staff has been working with concerned parties to obtain further information regarding the options available for noise mitigation in the Railroad?s right-of- way adjacent to the City of West University Place. A meeting was held recently with the Federal Railroad Administration (FRA), Union Pacific Railroad (UP), Texas Department of Transportation and the City?s of Houston and Bellaire, which was very positive. Some items discussed at the recent meeting were the following: Consistency in whistle blowing among engineers Installation of wayside horns as "test" sites similar to Richardson, Texas Establishing a quiet zone Possible track closure or reroute Potential grade separation Mr. Ross commented that it is important to note that any solution short of a unilateral agreement by Union Pacific to monitor its engineers and their use of the whistle will require the City of Houston to take the lead in arriving at a solution. While West U and Bellaire are greatly affected by the train, they have no legal authority over any of the crossings in question. Representatives from the Union Pacific Railroad and the Federal Railroad Commission were present during the meeting. Numerous residents of West University and from the surrounding cities spoke concerning the train noise and the need for a quiet zone. They expressed concern over the noisy train whistles, stalled engines that emit diesel fumes and hazardous cargo. 8 City Council Regular Session, March 24, 2003 Members of the City Council suggested that the city seek funds from the Houston Galveston-Area Council to help finance safety equipment at railroad crossings. The City of Houston would also need a legal agreement to protect the railroad from potential lawsuits over any train-vehicle accidents. The City Council agreed that a task force for this issue should be created and would include residents and a representative from Union Pacific. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including an annual report. Joni Fichter, Chair of the Friends of West University Place Parks Fund presented a verbal report on ongoing programs and projects including, the Executive Director position, stork fund raising project, memberships, grant and foundation efforts, and the Parks Lovers Ball. Board or Commission meetings. Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety, Senior Services, Recycling & Solid Waste Reduction and Drainage Committee) including reports from Council liaisons. Council Member Bill May reported that the Recycling and Solid Waste Reduction Board met and they have a guest who is writing a piece for a magazine that will tout the recycling program in West University. Inquiries, requests and complaints. The City Council reviewed matters received from the public and referred them to the appropriate department or will place them on a future agenda for consideration or action. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member May, seconded by Council Member Jackson, to adjourn. The Council meeting adjourned at 8:43 p.m. 9