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HomeMy WebLinkAbout072301R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JULY 23, 2001 MUNICIPAL BUILDING COUNCIL CHAMBERS 3800 UNIVERSITY BOULEVARD 7:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers on July 23, 2001, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Fire Chief, Police Chief, Finance Director, Public Works Director and Building Official were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 20 of July 2001 at 4:00 p.m. Public Hearings. Public Hearings were held before the Zoning and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearings was to provide an opportunity for parties in interest and citizens to be heard in relation to proposals to amend the City?s Zoning Ordinance as follows: ( a) Air Conditioning Sound Level (b) Private Green Space (c) Outdoor Lighting Members of the Zoning and Planning Commission present at the meeting were Chairman Charles Nelson, Mary Nelson, Larry Kelly, Bob Higley, and Marc Boucher. The public hearing on air conditioning sound level was called to order by Mr. Nelson. In order to ensure understanding of the proposed changes, Mr. Nelson read through the changes, while providing explanatory comments on various items. The proposed changes amend Table 7-6 (entitled ?Projections Schedule?) to allow air conditioning equipment in yard areas (near site boundaries) if it has a certified sound emission level of 7.4 bels or less (up from 7.0 bels currently). Building Official Dennis Mack demonstrated the difference in the sound levels. Members of the public were invited to ask questions or speak concerning the proposed amendments. Greg Luber, 4517 Southerland Road, representing Hallmark Air Conditioning Company, commented that the proposed requirement for the emission level would create a problem for the large ton air conditioning units. He stated that it was hard to find a 4 or 5 ton unit with a level of 7.4 bels. City Council Regular Session, July 23, 2001 Susan Ohsfeldt, 4101 Tennyson, commented that the proposed changes needed to be flexible for those residents who were replacing a unit. th Sol Eisenbaum, 718 W. 18 Street, requested that the Zoning Commission have specialist speak on the units that were available before considering the changes. Marlene Champion, 3832 Southwestern, requested that the Commission give consideration to the older homes. Sandy Penoncos, 4023 Marlowe, asked if the emission level was the total for both air conditioning units or per unit. Mr. Nelson replied that the requirement was for each unit. Susan Kasper, 4127 Cason, suggested that the Commission speak with specialists in the industry before passing an ordinance that the residents could not work with. James Warren, 6336 Rutgers, commented that he had 3 units and that the proposed sound level must be per unit. There being no other residents wishing to speak on the proposed changes for air conditioning sound levels, Mr. Nelson called the public hearing to order on private green space. Mr. Nelson explained that the proposed changes amend Table 7-1 (entitled ?Uses?) to allow vineyards, gardens, landscaping, private playgrounds and similar uses in all districts, without special approval. Special approval would be required for buildings, some structures and non-standard yards (or ?setbacks?). There being no other residents wishing to speak on the proposed changes regarding private green space, Mr. Nelson called the public hearing to order on outdoor lighting. Mr. Nelson explained that the proposed changes amend Section 8-107 to impose greater restrictions upon outdoor lighting. It would: (a) cover outdoor lights with intensities of about 60 watts or more (the current rule covers all lights with about 100 watts or more); (b) require ?full cutoff? fixtures and other means to prevent direct illumination of other residential properties, or the sky; (c) allow security lights if they are registered with the City, controlled by motion detectors with automatic shut-offs, not higher than 12 feet and otherwise designed to reduce effects on others. Certain other lights (e.g., streetlights) would also be allowed. Prior non-conforming facilities would have to be brought into compliance by October, 2001. Members of the public were invited to ask questions or speak concerning the proposed amendments. 2 City Council Regular Session, July 23, 2001 Steve Stewart, 3828 Ruskin, stated that a new construction next to his home had 8 spotlights which lit his house and backyard entirely. He encouraged the Council to adopt the proposed changes. Steve Gordon, 6647 Brompton, commented that he could not see to back out of his driveway without the security light over his garage. He stated that security lights under 100 watts served no purpose. Zvonimir Krajcor, 6428 Vanderbilt, stated that he had invested over $6,000 on security lights and that the proposed changes would make his lights obsolete. He commented that his lights were not intrusive. James Warren, 6336 Rutgers, commented that he was robbed at gunpoint and that he had added security lights to his home. He stated that if the lights had to be installed no higher than 12 feet, the motion detectors would constantly go off and on. Brandy Wolf, 3515 University, opposed the changes to the height limit on the lights. She commented that her neighbors liked her moon lights. Marshall Hamill, 3833 Southwestern, suggested that the Commission look at landscape lighting. Philip Matorin, 3302 University, commented that the Harris County Appraisal District considered security lights in their appraisals. Sue Cole, 3523 Robinhood, commented that she liked her neighbors lights and suggested that the lights be allowed with neighbor approval. David Cole, 4104 Cason, stated that the proposal for ?full cutoff? would cause additional expense and the height limitation would eliminate lights on the eaves of homes. Henry De Ybarrondo, 6632 Brompton, commented that he spent $20,000 on lighting and that his lights did not intrude on his neighbors. Maggi Stewart, 3828 Ruskin, commented that she supported the proposed changes because the new construction next to her home had lights that shined directly into her house. Marlena Moskowitz, 4135 Marlowe, suggested that rather than restrict everyone from using their preferred lighting that mediation between neighbors be considered. Robert Wells, 3816 University, stated that the lights should shine downward. He asked if light trespass applied to City Hall. Mr. Wells also inquired about the WWII monument that used to be located at City Hall. Gail Nash, 3131 Tangley, inquired about the proposed street lights. 3 City Council Regular Session, July 23, 2001 There being no other residents wishing to speak on the proposed changes, the public hearing closed at 9:05 p.m. All statements, exhibits and documents were made a part of the official record of this hearing. There were three written comments on these topics. Members of the Zoning and Planning Commission left the meeting to consider comments from the public. Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Marlene Champion, 3832 Southwestern, inquired about the drainage and flood study. Resolution appointing Deputy Court Clerk. Matters related to Resolution No. 2001-10 appointing Olga Garza as a Deputy Court Clerk. Finance Director Walter Thomas reported that the recent retirement of Iola Pickul and the subsequent promotion of Gabriele Perez to Court Clerk created a vacancy in the position of Deputy Court Clerk. Olga Garza has been selected to fill this position. The City of Southside Place employed Ms. Garza for five years as Deputy Court Clerk, Deputy Tax Assessor, and Building Inspection Secretary. A motion was made by Council Member Griffin, seconded by Council Member Jackson, to adopt Resolution 2001-10 appointing Olga Garza to the position of Deputy Court Clerk. 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 Ordinance amending Chapter 12. Matters related to the second and final reading of Ordinance No. 1687. Mayor Lewis read the caption of Ordinance No. 1687 as follows: 4 City Council Regular Session, July 23, 2001 An ordinance relating to poison ivy and other conditions on private property; amending the existing code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1687, in the form proposed for adoption, were available in the Council Chambers. Fire Chief Terry Stevenson reported that the State Legislature made changes in the Government Code relating to the enforcement and notice requirements needed for certain Health and Safety Statues. Chapter 12 is amended to reflect these changes. The new amendment gives the Mayor or an official designated by the Mayor the authority to abate a public nuisance and to obtain and attach a lien on property for expenses incurred by the City due to abatement. The amendment also changes the definition of weeds to include poison ivy, poison oak and poison sumac plants regardless of their heights. A motion was made by Council Member Farley, seconded by Council Member May, to adopt Ordinance No. 1687 on the second 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 Design of Priority Areas 10 and 11B. Matters related to authorizing Claunch & Miller, Inc. to prepare plans and specifications for the design of Priority Areas 10 and 11B. Public Works Director Ed Menville reported that on June 21, 1999 Council conducted a Town Meeting in order to assess the feasibility of an accelerated infrastructure improvements program. It was concluded that acceleration of such improvements would result in the remaining infrastructure work being completed approximately four years sooner than originally scheduled. On August 9, 1999 the City Council authorized staff to proceed with an accelerated schedule. Since that time, infrastructure improvement work has advanced for Priority Areas 7B, 8 and 12 and Areas 9 & 11A. Except for peripheral sewer line repairs, Areas 10 & 11B will represent the final priority areas to be completed as part of the infrastructure improvements approved by the voters of West U in 1995. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to authorize Claunch and Miller, Inc., to proceed with preparation of plans and specifications for infrastructure improvements in Priority Areas 10 and 11B with construction scheduled to commence in these areas in January, 2003. 5 City Council Regular Session, July 23, 2001 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 and Special Sessions conducted on July 9, 2001. A motion was made by Council Member May, seconded by Council Member Jackson, to approve the minutes as presented. 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 Council comments. Council Member Griffin inquired about the World War II monument. Council Member May commented that the Sidewalk Committee had met and would meet again on August 15. Council Member Farley recognized Council Member May for his initial work with the Sidewalk Committee. 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 Regular Session adjourned at 9:20 p.m. 6