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HomeMy WebLinkAbout092401R CC Min CITY COUNCIL REGULAR SESSION MONDAY, SEPTEMBER 24, 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 September 24, 2001, with the following members present: Mayor Lewis presiding, Council Members May, Farley and Griffin. The Assistant City Manager, City Secretary, City Attorney, Finance Director, Public Works Director, Parks and Recreation Director and Building Official were also present. Council Member Jackson was absent. The notice for this meeting was posted in accordance with the Texas Government Code, st Chapter 551, on the 21 of September 2001 at 4:00 p.m. Mayor Lewis called the meeting to order at 7:30 p.m. Proclamation for Fire Prevention Week. Matters related to a Proclamation to participate in Fire Prevention Week to be recognized during the week of October 7 ? 13, 2001. Fire Marshall Alvin Collins presented the Proclamation. A motion was made by Council Member May, seconded by Council Member Griffin, to approve the Proclamation for Fire Prevention Week. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson Resolution appointing municipal court personnel and administration of oath of office. Matters related to Resolution No. 2001-24 appointing municipal court personnel. A motion was made by Council Member Griffin, seconded by Council Member Farley, to approve Resolution No. 2001-24 appointing municipal court personnel. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson City Council Regular Session, September 24, 2001 Mayor Lewis administered the Oath of Office to Presiding Judge Tom Taylor, Associate Judge Candelario Elizondo and Associate Judge Robert Loper. 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. Member of the Zoning and Planning Commission present at the meeting were Chairman Charles Nelson, Anne Whitlock, Steve Brown, Stephen Pohl and Dick Yehle. (a) Building site definitions: The public hearing on building site definitions was called to order by Mr. Nelson. City Attorney Jim Dougherty explained that the proposal as presented and recommended by the Zoning and Planning Commission in its preliminary report is to amend two definitions in Article II, building site and subdivided lot. The amendment of ?building site? would reconcile two different provisions of the ordinance to clarify, not change. The amendment of ?subdivided lot? would allow some old unplatted lots to be joined under one owner and later re-divided into separate building sites. Currently, only platted lots can be re-divided after they are joined. This amendment would treat the old unplatted lots the same. Members of the public were invited to ask questions or speak concerning the proposed amendments. Michael Newman, 3424 University, commented that he was attending the public hearing on behalf of Randy Bullard and that the proposed zoning amendment should include Mr. Bullard?s property. He stated that Mr. Bullard purchased his 100x150 lot in 1975 and used it informally as two separate lots. For the past 8 years he has been trying to sub- divide the lot and if he had made this request prior to 1987 there would be no doubt that he would be able to sub-divide. He asked that the Zoning and Planning Commission give consideration to Mr. Bullard?s request. A motion was made by Commission member Pohl, seconded by Commission member Brown, 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: Chairman C. Nelson, Commission members Brown, Pohl, Whitlock and Yehle Voting Nay: None 2 City Council Regular Session, September 24, 2001 Absent: Commission members M. Nelson and Boucher There were no written comments on this topic. The public hearing closed at 7:52 p.m. (b) Front street line definition (corner sites): Mr. Dougherty explained that this proposal as recommended by the Zoning and Planning Commission would amend the definition of ?front street line? in Article II. It would authorize the building official to determine the ?front street line? for a corner site, according to listed criteria. The criteria would include: (i) designations by a board or commission, (ii) platting, access, size, shape, historic development, and compatibility with surroundings, (iii) use of the property and length of street frontage, and (iv) presence of a major thoroughfare. The location of the front street line determines the orientations and depths of required yards (front, side and rear). There were no residents wishing to speak on the proposed change. A motion was made by Commission member Pohl, seconded by Commission member Whitlock, 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: Chairman C. Nelson, Commission members Brown, Pohl, Whitlock and Yehle Voting Nay: None Absent: Commission members M. Nelson and Boucher There were no written comments on this topic. The public hearing closed at 7:59 p.m. (c) Predominant front yard depth (SF-1 district): Mr. Dougherty explained that the proposal to Amend Table 7-2 would require deeper front yards (sometimes called ?setbacks?) for some sites in the SF-1 District. Deeper front yards would be required along those blocks where a ?predominant front yard depth? is indicated by the dimensions of most of the lots along the block. For example: If half or more of the lots along a block were deep (150 feet), the ?predominant front yard depth? would be 30 feet. The 30-foot front yard depth would then apply to all lots along the block, including those smaller lots that would otherwise have 20 or 25-foot-deep front yards. 3 City Council Regular Session, September 24, 2001 Members of the public were invited to ask questions or speak concerning the proposed amendments. Bob Palmer, 3753 Albans, asked how the reference line would be determined. He also addressed prior non-conformity issues. The City Attorney stated that the front street line would be the reference line. Judy Briggs, 6208 Kirby, commented that West University was a unique neighborhood and should remain unique. She stated that there was no need for an amendment. Mrs. Briggs also asked about prior non-conforming use. A motion was made by Commission member Pohl, seconded by Commission member Brown, 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: Chairman C. Nelson, Commission members Brown, Pohl, Whitlock and Yehle Voting Nay: None Absent: Commission members M. Nelson and Boucher There were no written comments on this topic. The public hearing closed at 8:09 p.m. Members of the Zoning and Planning Commission left the meeting Citizen Comments. Mayor Lewis commented that most of the citizens wishing to address the City Council were there to speak on the opening of W. College. She reported that the City had today received a letter from the St. Mark?s Episcopal School withdrawing their request to open W. College as a regular exit route for the school until a professional traffic engineer could assess the problem. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Jim Ulm, 6711 E. College, opposed the opening of the gate at West College to allow the St. Mark?s School to put traffic onto Ruskin. He stated that their property values would be reduced. Lindy Donoho, 3823 Ruskin, opposed the opening of W. College. She stated that she has four children and that they purchased their home because it was located on a cul-de-sac. 4 City Council Regular Session, September 24, 2001 Will Wambsgans, 3912 Ruskin, stated that 30 children lived in their area and 24 of them were under the age of 11. He opposed the opening of W. College. Joseph Small, 3907 Ruskin, opposed the opening of W. College. He asked that the school look at what other schools were doing about traffic problems. He presented a letter with pictures of the parking lot. Mark Vance, 3824 Ruskin, stated that he moved to Ruskin three weeks ago and was now worried about his property values if St. Mark?s was allowed to open the gate on W. College. Tony Kenck, 3912 Ruskin, opposed the opening of W. College and commented that there were not any traffic problems on Bellaire during the times when school was dismissing. He stated that the school needed to do something different with their parking lot. Jeann Howse, 3808 Ruskin, commented that most of the homes on Ruskin were the older cottages and the majority of the cars park on the street. She stated that they did not get a new street during the infrastructure improvements because Ruskin was strictly a residential street. She opposed the opening of W. College. Patt Bemrose, 3904 Ruskin, stated that, as a realtor, she was frightened about what the impact would be on property values if W. College were to be opened even for a short period. She stated that sometimes she has a hard time backing out of her driveway because of the number of cars parked on the street. Mayor Lewis thanked everyone for attending the meeting and stated that she felt confident in saying that the City staff would see to it that no car would leave through the gate. She commented that the Council is keenly aware of the number of children living in the neighborhood and that one of the reasons that the Staff responded to St. Mark?s original request was because 60% of their students are West University residents. Resolution appointing a member to the Adult Services Board. Matters related to Resolution No. 2001-25 appointing Anne Hershiser to the Adult Services Board. A motion was made by Council Member Griffin, seconded by Council Member May, to approve Resolution No. 2001-25 appointing a member to the Adult Services Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson 5 City Council Regular Session, September 24, 2001 Resolution appointing a member to the Public Safety Board. Matters related to Resolution No. 2001-26 appointing Gene Womack to the Public Safety Board. A motion was made by Council Member Farley, seconded by Council Member May, to approve Resolution No. 2001-26 appointing a member to the Public Safety Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson Ordinance abandoning a utility easement and authorizing a quitclaim deed. Matters related to the first and final reading of Ordinance No. 1697. Mayor Lewis read the caption of Ordinance No. 1697 as follows: An ordinance abandoning a portion of an easement; authorizing a quitclaim deed; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1697, in the form proposed for adoption, were available in the Council Chambers. Public Works Director Ed Menville reported that John and Dawne Jordan own the underlying fee simple interest in the property at 2704 Nottingham Street, and they have requested that the City abandon a portion of the utility easement. Texas Local Government Code No. 272.001 requires that property conveyed or sold by a city must be done at not less than fair market value unless the conveyance or sale is with one or more abutting property owners who own the underlying fee simple.The fair market value has been established at $800.00. Fair market value is determined by an appraisal obtained by the political division. Mr. James Duncan, real estate appraiser, has been employed to provide the data at the Jordan?s expense. The Jordans will also provide a metes and bounds description of that portion of the easement to be abandoned. No other utilities exist in the easement. A motion was made by Council Member Griffin, seconded by Council Member Farley, to adopt Ordinance No. 1697 on the first and final reading and accepting a payment for the fair market value in the amount of $800.00 from Mr. John R. and Dawne Jordan in exchange for the abandonment. A vote was taken on the motion with the following result: 6 City Council Regular Session, September 24, 2001 Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson Acceptance of Edloe Street paving project and final payment approval. Matters related to the acceptance of the Edloe Street paving project and approval of final payment. Mr. Menville reported that Jerdon Enterprise, L.P., prime contractor for the paving of Edloe Street from University to Rice, has completed all work and has submitted a final payment request in the amount of $234,646.39. This project involved the reconstruction of water lines, sanitary sewer lines, storm sewer lines and streets in this one-block area. The final contract in the amount of $667,692.28 represents a decrease of one percent over the original contract of $671,568.90 and contains $15,000.00 as a bonus for completion of the project five days ahead of schedule. The ?Agreement for Final Payment and Contractor?s Sworn Release Form?, the Affidavit and Consulting Engineer?s ?Certificate of Completion? and ?Consent of Surety Company to Final Payment? documents have been prepared as part of the formal acceptance of the job. A motion was made by Council Member May, seconded by Council Member Griffin, to accept the work completed by Jerdon Enterprise and approve the final payment in the amount of $234,646.39. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson Acceptance of completed work in Priority Area 7A and final payment approval. Matters related to the acceptance of the work completed in Priority Area 7A and approval of final payment. Mr. Menville stated that Contractor Technology Inc., prime contractor on the Infrastructure Improvements Program Priority Area 7A project, has completed all work and has submitted a final payment request in the amount of $293,034.68. This project involved the reconstruction of water lines, sanitary sewer lines, storm sewer lines and streets in the area referred to as Priority Area 7A. 7 City Council Regular Session, September 24, 2001 The final contract in the amount of $5,776,355.63 represents an increase of one percent over the original contract of $5,717,616.22. The ?Agreement for Final Payment and Contractor?s Sworn Release Form?, the Affidavit and Consulting Engineer?s ?Certificate of Completion? and ?Consent of Surety Company to Final Payment? documents have been prepared as part of formal acceptance of the job. A motion was made by Council Member Farley, seconded by Council Member May, to accept the work completed by Contract Technology, Inc. and approve final payment in the amount of $293,034.68. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley and Griffin Voting Nay: None Absent: Council Member Jackson City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on September 10, 2001 and Special Sessions conducted on September 6 and 17, 2001. A motion was made by Council Member May, seconded by Council Member Griffin, 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 and Griffin Voting Nay: None Absent: Council Member Jackson Council comments. Council Member Farley thanked everyone for coming to the meeting. Council Member May commented that the Sidewalk Committee was continuing to meet and that they were scheduling a field meeting for Friday. Council Member Griffin commented that she had received calls about the new signs on Buffalo Speedway. She also stated that some of the members of the Adult Services Board were upset about their name being changed from Senior Services Board. Mayor Lewis reminded everyone about Home Place Celebration beginning in October. She also commented that residents were still putting cardboard out with their garbage but st after the 1 of the year it will only be picked up on Wednesdays. 8 City Council Regular Session, September 24, 2001 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 Farley, to adjourn. The Regular Session adjourned at 8:47 p.m. 9