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HomeMy WebLinkAbout112403R CC Min CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 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 November 24, 2003, with the following members present: Mayor Ballanfant presiding, Council Members Segal, Farley, Fogler and Woods. The City Secretary, City Attorney, Assistant City Manager/Public Works Director, Parks and Recreation Director, Police Chief, Code Enforcement Officer and City Planner were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 20 day of November 2003 at 4:00 p.m. Formal Session Citizen Comments Mayor Ballanfant invited citizens who wished to address the City Council to come forward as their names were called. Larry Kelly, 3319 Georgetown, stated that he opposed the Zoning Board of Adjustment granting variances to the West University Baptist Church to use the 10 houses they have purchased on Amherst and Milton as office buildings. He requested that the Council talk to them about using single-family residences as offices and day schools. Kathy Sweeney, 3822 University, stated that she was present at the meeting to protest the exception to the code to allow the West University Baptist Church to use the properties at 3821 and 3831 Amherst for offices. She commented that it was inappropriate for the neighborhood and would open up additional requests. Diane Wells, 3815 University, commented that she attended the ZBA meeting where the request for the variance by the West U Baptist Church was on the agenda and was told that their protests were of no validity. She stated that West U is suppose to be a city of homes not of large entities. Mayor Ballanfant asked the City Attorney to explain what the powers of Council are in reviewing a ZBA decision. City Attorney Jim Dougherty explained that the Council has no authority to review a ZBA decision. The only review goes to the District Court. City Council Regular Session, November 24, 2003 Robert Wells, 3815 University, commented that the proposed variances by the West U Baptist Church reduces the number of single-family residences and reduces the City?s tax base. It also reduces the market value of the remaining residences on the North side of University. Friends of West University Place Parks Fund. Matters related to the Friends of West University Place Parks Fund including Resolution No. 2003-28 appointing a member. A motion was made by Council Member Farley, seconded by Council Member Woods, to approve Resolution No. 2003-28 appointing Cindy Hassler to the Friends of West University Place Parks Fund. 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 Council Member Segal commented that he abstained from voting because Mrs. Hassler had missed the interviews and he had never met her. Zoning and Planning Commission. Matters related to the Zoning and Planning Commission including Resolution No. 2003- 29 appointing a member as Secretary. A motion was made by Council Member Fogler, seconded by Council Member Farley, to approve Resolution No. 2003-29 appointing Jeffrey Horowitz as secretary to the ZPC. 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 Senior Services Board. Matters related to the Senior Services Board including Resolution No. 2003-30 appointing a member as Secretary. 2 City Council Regular Session, November 24, 2003 A motion was made by Council Member Segal, seconded by Council Member Farley, to approve Resolution No. 2003-30 appointing Elizabeth Young as secretary to the Senior Services Board. 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 Temporary corner site access . Matters related to temporary corner site access. Mayor Ballanfant read the caption of Ordinance No. 1750 as follows: An ordinance amending the zoning ordinance of the City of West University Place, Texas regarding temporary corner site access; and containing findings and provisions relating to the subject. Mayor Ballanfant read the caption of Ordinance No. 1757 as follows: An ordinance relating to temporary driveway permits; 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. 1750 and 1757, in the form proposed for adoption, were available in the Council Chambers. City Planner Nes Tesno stated that due to a major infrastructure construction project on Kirby Drive and other surrounding streets in the near future, the Zoning & Planning Commission has proposed an amendment authorizing temporary access to corner sites, but only with a ?special city permit issued in connection with nearby construction or other temporary condition?. This permit could authorize temporary access from the side . This amendment limits the term of the permit, does not authorize the residential street destruction of any large tree and requires restoration of the site after the term of the permit expires. City Council previously requested a few alterations to the amendment to include deadlines for both the closure of the temporary access and restoration of the area. These changes (set deadlines for closure of the temporary access and the restoration of the area affected by the temporary access) have been incorporated into a companion amendment in Chapter 19 of the Code of Ordinances. 3 City Council Regular Session, November 24, 2003 In reference to Ordinance No. 1750, the footnote to cross reference the zoning ordinance to Chapter 19 will be added editorially when the ordinance is codified. A motion was made by Council Member Farley, seconded by Council Member Fogler, to adopt Ordinance No. 1750 on the second and final reading. 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 A motion was made by Council Member Woods, seconded by Council Member Farley, to adopt Ordinance No. 1757 on the second and final reading. 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 Sanitary sewer pipe replacement. Matters related to sanitary sewer replacement (pipebursting) in Priority Areas 7B, 8, 9, and 12 including the final acceptance of the work. Assistant City Manager/Public Works Director Ron Wicker reported that pipebursting is a project where there are lines within the City that were inaccessible due to no dedicated easements or lack of easements or in some cases just unable to access some of the points where there was some deteriorated sewer lines. Bearden Contracting Company, prime contractor on the Sanitary Sewer Pipe Bursting Project in Priority Areas 7B, 8, 9 and 12, has completed all work and submitted a final payment request in the amount of $60,218.60. The original contract amount was $487,220.00. No change orders were executed. This project was funded through a loan from the Texas Water Development Board. A motion was made by Council Member Fogler, seconded by Council Member Segal, to accept the work completed by Bearden Contracting Company and approve final payment in the amount of $60,218.60. 4 City Council Regular Session, November 24, 2003 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 Priority Area 10. Matters related to Priority Area 10 including design, traffic circle at Cason and Belmont, traffic calming and related costs, contract documents, street improvements, and related matters. Mr. Wicker reported that in January of 2000 a group of West U citizens named the Traffic Task Force recommended that a traffic-calming device known as a traffic circle be constructed due to perceived high volumes of cut-through traffic on Belmont Drive. On January 24, 2000, City Council approved the task force?s recommendation. This circle is currently included in the Priority Area 10 project and is scheduled to go out for bid on November 12, 2003. The traffic engineer, Traff Data & Associates, Inc. (TDAI) was asked to review the data collected by the task force in January 2000. The City?s traffic engineer states that the traffic volumes reported by the task force are insignificant and the speeds are at or below the posted speed limits. The intersection currently is a four-way stop intersection. Therefore, TDAI recommends no special traffic control installations at this intersection. Additionally, this intersection is typical of many other intersections in the City; and the precedence of this proposed traffic circle installation might be problematic in the future. The estimated cost of the proposed traffic circle is less than $25,000. A motion was made by Council Member Farley, seconded by Council Member Segal, to omit the proposed traffic circle at Cason and Belmont from the Priority Area 10 construction plans. A vote was taken on the motion with the following result: Voting Aye: Council Members Segal, Farley, Fogler and Woods Voting Nay: Mayor Ballanfant Absent: None The motion passed. 5 City Council Regular Session, November 24, 2003 Boards, commissions and committees. Matters related to boards, commissions and committees including the consideration of the appointment of council liaisons, guidelines and roles of liaisons, discussion of Council?s goals and objectives, creation of goals and objectives for boards and commissions and related matters. The City Council decided on the following liaisons to the Boards and Commissions: Zoning and Planning Commission ? Council Member Fogler Building and Standards Commission ? Council Member Woods Senior Services Board ? Council Member Segal Parks and Recreation Board ? Council Member Farley Friends of West University Parks Fund ? Council Member Farley Recycling and Solid Waste Reduction Board ? Mayor Ballanfant Due to the fact that the Zoning Board of Adjustment is a quasi-judicial body, the City Council agreed to not assign a liaison to the Board. The liaison assignments will be reviewed again in August 2004. The City Council addressed the roles of the liaisons. Council Member Fogler commented that she felt a liaison role was to be available to the Commission or Board for questions that they may want to take back to the City Council for whatever Council input was required. The role of the liaison was never intended to provide an opinion as if it were the opinion of Council but rather to seek the true opinion of Council. Council Member Fogler stated that certainly the liaison is not intended to be an active participant in the Board or Commission. The Board or Commission should be independent and autonomous and should move forward with the minds that were chosen to serve without interference from any members of the Council. If a Council Member attends the meeting they should sit silently and not participate. The City Council agreed with Council Member Fogler. The City Council reviewed the following goals and objectives. Remediate Flooding and Drainage in Area 2 1. 2. Pursue Purchase and Development of Additional Park Space 3. Determine Cost and Feasibility of Milton St. Public Works Facilities Relocation 4. Determine Cost and Feasibility of Police Station Replacement/Relocation= 5. Streetlight Program Implementation/Completion (note Council says Implementation only) Gateway Signage Implementation/Completion 6. 6 City Council Regular Session, November 24, 2003 7. Retention of Old Stock Housing 8. Evaluate Rezoning of Commercial Areas to Allow or Facilitate Rebuilding and Remodeling 9. Review of Building Codes and their Uniformity with the International Building Codes 10. Evaluate Side Setbacks and Garage Requirements on Residences 11. Review of Tree Ordinance, Tree Master Plan, and Tree Fund 12. Evaluate 80% Lot Coverage Rule 13. Increase Recycling in the City 14. Review the City?s Risk Exposure 15. Enforcement of Parking Restrictions on sidewalks 16. Establish use for the West U. Rec. Center 17. Establish a Bark Park or enter into an agreement with another city for use of the services. 18. Development of the Rice Pocket Park 19. Pursue Regionalism/ Interlocal cooperation 20. Train Noise Reduction/Toll Road Issues The City Council also discussed the City Center, a pay as you throw program for solid waste and the City?s facility maintenance. Each council liaison will take the particular goal and objective to their Board or Commission for review and consideration. The City Council requested that the community surveys and police feasibility study be distributed to the members of the Boards and Commissions. Evaluation process. Matters related to employees (City Manager and City Secretary) evaluation process including possible questions to be addressed, documentation needed for the evaluation and related matters. The City Council requested that the City Manager provide the Council with a copy of his contract, a written statement of his goals and objectives since his hiring as City Manager and the action that he has taken to achieve those goals, a statement of written goals for 2004 and a survey of other City Manager?s salaries including their years of service. Council Member Woods suggested that they receive a peer review from the Department Heads. The City Council discussed the evaluation form and concluded that suggested improvements to the form would be sent to the City Secretary for inclusion. 7 City Council Regular Session, November 24, 2003 Animals in parks and playgrounds. Matters related to animals in parks and playgrounds including dogs in Colonial Park and related matters. Parks and Recreation Director Mark Mailes and Code Enforcement Officer Daniel Paripovich addressed animals in Colonial Park. Mr. Mailes stated that there was some confusion as to where the ordinances would allow animals to be walked in Colonial Park. Section 5.017 in the City?s Code of Ordinances states that no animal should be allowed on any park or playground. Mr. Parpipovich, had requested a clarification of this ordinance for Colonial Park. The oval sidewalk inside Colonial Park is, and has been used by citizens to walk their dogs. John Markson, 4108 Cason, encouraged the Council to have a dog friendly park. The City Council discussed the sidewalks and boundaries of the park. A motion was made by Council Member Segal, seconded by Mayor Ballanfant, to define the Colonial Park for the purpose of prohibiting dogs as the area inside the oval, on half the block, so that dogs would be permitted to be walked on the outside track to the curb, perimeter of the park only. A vote was taken on the motion with the following result: Voting Aye: Mayor Ballanfant, Council Members Segal, Farley and Woods Voting Nay: None Absent: None Abstain: Council Member Fogler After discussion, Council directed the City Attorney to prepare a draft Ordinance for discussion at the next council meeting. Intergovernmental & Infrastructure Issues; Staff or Council Report. Matters relating to intergovernmental relations and agreements including negotiations, extra jurisdictional meetings, regional issues, Metropolitan Transit Authority agreements, infrastructure projects, drainage, flooding, Kirby Drive construction, streetlights and related matters. This may include report(s) from staff and reports and directives to staff from Council Members. This may include comments regarding the rental of garages at residences. 8 City Council Regular Session, November 24, 2003 Mr. Wicker reported that the Harris County Flood Control Study Group has held two meetings designed to answer questions of the adjacent property owners. They also discussed different possibilities of improvements. The next public meeting will be held on February 5, 2004. Mr. Wicker also reported on the progress of Priority Area 8 and stated that bids for th Priority Area 10 would be opened on December 10. Council Member Segal made the following statement regarding the prohibition on rental of garage apartments: By memo dated August 19, 20003, the Zoning and Planning Commission of West University Place advised the Council about the "Sunset of Prior Non-Conforming (PNC) status." In 1987, Council granted PNC status for 10 years for garage apartments that were being rented at that time. PNC status expired in 1997. Thus, it has been unlawful to rent a garage apartment in West U since 1997. ZPC stated in part: "One of the most difficult issues will be dealing with more than one family living on a single property in a SF District, e.g. habitation (renting) of garage apartments. An important part of West U's fabric is the prominence of single-family occupancy. Allowing occupation by multiple families whether by means of a garage apartment or a group home concept conflicts with that very important principle. It also imposes a burden on public facilities such as trash removal, use of public facilities, and by tending to introduce extra vehicles into already crowded streets. Such use of garage apartments has been banned for new properties since 1987 and should now be enforced for all properties including those that once had PNC status." ZPC also concluded that: "Strict enforcement of these and all ordinances is important but can be difficult. Most enforcement is stimulated by complaints, while some may occur proactively when the City becomes aware of violations. A major issue is the public's awareness of existing regulations, their obligation to comply and the consequences of non-compliance. There are sound reasons for each of the ordinances ? hence the need for education to facilitate the enforcement process." ZPC concluded: "All factors, including civil or criminal penalties for non-compliance should be considered and incorporated into an educational and enforcement program. This statement is intended to educate someone renting or contemplating renting a garage apartment about certain consequences of violating the West University Place ordinances. As of 1997, renting a garage apartment in West U has been unlawful and could subject the resident and tenant to monetary fines or penalties. That should be obvious. I want to call attention to certain additional adverse consequences that may not be understood by all. I understand, for example, if you rent a garage apartment in West U: 9 City Council Regular Session, November 24, 2003 You are not entitled to the full homestead property tax exemption provided by HCAD If you did not report the income from the rental on your Federal Income Tax Return, you filed a false tax return and may owe additional tax and interest and may be subject to negligence or fraud penalties under IRS rules. If you sell your property, you are not entitled to the full income tax exclusion applicable to sale of a residence under IRS rules and you would be subject to income tax recapture for depreciation on a portion of the rental property even if you did not claim depreciation on the rental. All this means that it is better for all concerned that residents comply with the prohibition on rental of garage apartments and multiple occupancy of single family residences. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Farley, to adjourn. The Council meeting adjourned at 8:35 p.m. 10