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HomeMy WebLinkAbout072808R CC Min The City of West University Place A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Mayor Pro Tem Phyllis Cohen, Councilmember Chuck Guffey, Council member Michael Talianchich, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES City Council of the City of West University Place, Texas, met in special and regular session Monday, July 28, 2008, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at 5:30 p.m. to consider the following: MAYOR KELLY CALLED THE MEETING TO ORDER AT 5:30 P.M. IN THE COUNCIL CONFERENCE ROOM Those also present: Mayor Pro Tem Fry, Councilmembers Cohen, Guffey and Talianchich; Assistant City Manager/Public Works Director Peifer, City Secretary Lenz, City Planner Scarcella, Zoning and Planning Commission Chair Steve Brown, Zoning and Planning Attorney Jim Dougherty, and Police Chief Walker. 1. PLANNING AND ZONING ORDINANCES Review of and discussion on proposed changes to Planning and Zoning Ordinances. A. ZPC Final Report and possible Zoning Amendment regulating Driveways and Parking. B. ZPC Final Report and possible Zoning Amendment regulating Garages and Maneuvering Areas. ZP&C Chair Steve Brown explained that these two amendment proposals are the last two of seven that were all subject to the joint public hearing of February 25, 2008. He said these amendments are to try and encourage off-street parking and hopes these changes will make it easier for people to move their cars off the street, at least at night. Mr. Brown said based on the input from the joint public hearing regarding the amendments to driveways and parking, two changes were made to the original proposal. He said in the original proposal, it was recommended that a driveway minimum width of 10 feet be established, but after the public hearing, it was decided to reduce the minimum to 9 feet. In addition, there is a section in the ordinance that requires hard surface parking and, after substantial deliberation, they are proposing to allow for either hard surface or pervious parking. He said it wouldn't allow a mud patch and said it would have to be able to stand up to an SUV sitting on it. Councilmember Cohen asked if pervious is defined in the ordinance. Planning Director Scarcella said, generally, it means that it will allow water to pass through and be absorbed. Mr. Brown continued his summarization. He stated the proposed 9 foot minimum driveway width for single-family houses would be mirror to mirror. He said this doesn't necessarily mean a 9-foot wide paved area, which would be the extreme. Councilmember Talianchich asked if City Council Meeting, July 28, 2008 driveway width means from the edge of the house to the property boundary. He said we don't know about mirrors and stuff and "what is a driveway" needs to be defined. He asked if it meant the concrete or actual air space. Planning Director Scarcella replied "air space." Mr. Brown also pointed out other changes. He said in addition to garage parking spaces, an extra parking space between the garage and public roadway, but not atop the sidewalk, is being proposed, which mainly applies to single-family detached use. Councilmember Cohen said that the extra parking space will mostly affect corner properties because the other houses are going to already have the 18-feet from the setback anyway. Mr. Brown said not necessarily, because a front-loader would have to provide that space between the sidewalk and garage door. Planning Director Scarcella said at the public hearing there were comments from residents that they would lose space, but the proposal is allowing an offset to where it rounds along the curb to get the 18 feet. She said there still may be occasions where the right-of-way is not wide enough with the 10 feet to get the 18 feet and may need to be offset. Regarding Mr. Brown's previous comment as to the width being mirror to mirror, Council Member Fry asked how does one know how wide that is? Mr. Brown said if the air space is 9 feet wide, you should be able to get a vehicle through it, which may be a little less than 9 feet from the edge of one mirror to the edge of the other. Councilmember Cohen stated that the statute doesn't relate to the mirror, it just states that we need 9 feet. Councilmember Talianchich stated that he thinks if we really want to be specific, it has to say clear air space from the fence to the building, because a fence has a thickness, which can cause you to lose inches, so then you don't have the required 9 feet. Councilmember Talianchich proposed that the minimum be 9 foot 3 or 9 foot 6. Councilmember Cohen said she suggests keeping the 9 foot minimum, which is certainly adequate for people to get their cars down and because it's a minimum, it provides flexibility in how residents design and deal with their properties. Mr. Brown said several discussions were had regarding this and it was decided to settle on a minimum of 9 feet, which is better than no minimum, which is what we have now. Mr. Brown then moved on to the next proposal regarding garages and maneuvering areas. He said there were many complaints at the joint public hearing regarding the proposal to set minimum dimensions for the maneuvering in front of garages, even though there was an out in the proposal in that they could work with the Chief Building Official to convince him/her that they had another idea that would make the garage effectively usable. He said the idea of the maneuvering area is adequate so that you can actually get two cars in a two-car garage. Mr. Brown said the main part of the proposal that changes is removing the specification of a minimum maneuvering area. In addition, Mr. Brown said this proposal also addresses how many garage spaces are required, which is two per house with an exception for those houses where only one would be required. He said the proposal also requires that such parking spaces be enclosed, semi-enclosed and adjoining a driveway and that the formula for the maximum number of parking spaces be changed to allow building a two-car garage on lots that are smaller than 2500 square feet. Mr. Russ said the proposal also specifies minimum garage Page 2 of 8 City Council Meeting, July 28, 2008 parking space dimensions for single-family districts and specifies the language regarding structures above driveways. Planning Director Scarcella explained that the existing ordinance equally regulates front-loader garages, side loader garages, and garages situated in the rear. She said this amendment eases the language and clarifies that the regulations only apply to garages within 10 feet of the front yard. Councilmember Talinanchich stated that he doesn't like the word "maneuvering" nor does he like that the Chief Building Official has to get involved in making a subjective decision and thinks it should be left to free market. Councilmember Cohen stated that she has a similar concern and thinks our ordinances should be easily enforceable and easily understandable. Councilmember Talinanchich said what we currently have works. He said the whole issue has come about because we want more off-street parking, but changing the ordinance won't resolve the issue. Legal Counsel Dougherty stated that the proposed wording actually just relaxes the existing ordinance to allow more flexibility for singe-family. Councilmember Talinanchich suggested that "maneuvering" be removed and "accessible" be added. He said when he thinks of the word, he thinks of lots of turns. Councilmember Cohen said she has the same idea of maneuvering that Councilmember Talianchich has, but in actuality what the ordinance is trying to assure is that the two garage spaces are actually usable. Mr. Brown said the key words are "to allow ordinary and practical use" of each parking space. He said that really hasn't changed from what's in the existing ordinance. He said Legal Counsel Dougherty basically reorganized material that is written in a couple different places and consolidated it so that it will be all in one spot. Councilmember Cohen said she just wants to be sure that architects, builders or homeowners know what the regulations are and what's expected. Mr. Brown reiterated that the main motivation behind this it to get more cars off the street and ensure that new homes and substantially remodeled homes provide two usable parking spaces. He said they can review this again if Council directs them to do so. Legal Counsel Dougherty advised that if Council wants to try to work a small change into a paragraph for clarification there is probably room to do so without another public hearing. Councilmember Talianchich said the original argument was to encourage off-street parking and he prefers to just remind residents to park in the driveway at night. He said he thinks it would have a greater impact rather than changing the ordinance, because this will not achieve the goal. Councilmember Cohen said these proposals won't change people's behavior. She said there are several factors completely independent of these recommendations. Councilmember Guffey said shouldn't the City have some kind of ammunition in case somebody comes in with a weird design where they couldn't get cars in out of the garage. Councilmember Talianchich said the existing ordinance provides for that. Page 3 of 8 City Councii Meeting, July 28, 2008 Mr. Brown said if Council wants to stay with the existing ordinance in this general area that could be done without another public hearing and we would be able to preserve the other useful aspects of this. Councilmember Cohen said she thinks the two garages and spaces and some other parts make sense. She said and now that it's being proposed to remove the dimensional requirements, the wording of "maneuvering area" is now minor. Legal Counsel Dougherty said if Council wants to go toward status quo it's pretty close to that now. He said maybe take out a word or two without affecting the intent. Councilmember Talianchich suggested that Council encourage residents to park in their driveways by publicizing it in City Currents or through other community promotions to achieve what is trying to be achieved instead of amending the ordinances. Councilmember Guffey said there are a lot of people that can't park in their garages or driveways. He said some of the homes are so old that they can't get the doors open. Councilmember Cohen said it's not mandatory, but we should encourage it to the extent it can be done. She said some people don't think about it, but might put more thought into with some encouragement. Acting City Manager/Public Works Director Peifer said as part of this discussion he will provide City Manager Ross with an update and ask staff to draft an article that would encompass the development issues as well as the law enforcement issues for an upcoming issue of City Currents. Councilmember Guffey suggested that statistics as to the number of cars that are damaged on the streets be included, if any. Mr. Brown confirmed what he believes Council is asking. He said in respect to the first ordinance in regards to driveways and parking, it is his understanding that Council's questions were answered. He said on the second item, it seems that Council is concerned about "maneuvering area" and believes that it has been agreed that Legal Counsel Dougherty is being asked to redraft the ordinance with the existing wording and then bring it back to Council. Mr. Brown stated that the Zoning and Planning Commission meets on August 14 and proposed that the Commission be given the opportunity to discuss it and get behind it before it's brought back to Council. He said they would also wait to bring the other one forward, too, as both are tied closely together. After further discussion, it was decided to have Legal Counsel Dougherty redraft the ordinance with the small changes relating to maneuvering area and put both ordinances on the August 11, 2008 agenda for first reading. Councilmember Guffey moved to adjourn the special meeting at 6:29 p.m. Councilmember Talianchich seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Cohen, Fry, Guffey and Talianchich Noes: None MAYOR KELLY CALLED THE REGULAR MEETING TO ORDER AT 6:35 P.M. IN THE COUNCIL CHAMBERS Page 4 of 8 City Council Meeting, July 28, 2008 PLEDGE OF ALLEGIANCE PLEDGE TO THE TEXAS FLAG Boy Scout Wyatt Kamin led the Pledges. NOTICE. The notice of this meeting was duly posted in accordance with the Texas Government Code, Chapter 551, on the 24th of July 2008 at 10:45 a.m. 2. PUBLIC COMMENTS Citizens who wish to address items that are not on the agenda None citizens came forward Citizens who wish to be heard and/or address agenda items Susan Ohsfeldt, 4101 Tennyson, addressed Council regarding bond election. She asked Council to act responsibly and fairly presenting the information and not to oversell it. She said to let the people know exactly what the bonds are going to cost and how the debt is going to be retired so that people can make a responsible decision. Ramsey Elder, 2812 Tangley, addressed Council regarding the bond election. He said he believes that the prop'osal, as currently written, is far in access of what the citizens said they wanted in the survey and what they are willing to pay for. He said it will be defeated at the polls if put on the ballot for November and urged Council to reconsider it and put on the May 2009. 3. ORDINANCE CALLING BOND ELECTION Consideration and possible action on an ordinance of the City Council of the City of West University Place, Texas, authorizing bond election to be held on November 4, 2008. Assistant City Manger/Public Works Director Peifer presented the item. He said at the recommendation of the subcommittee, staff is recommending that the ordinance be approved on first reading. Councilmember Fry moved to approve the ordinance on first reading as presented. Councilmember Cohen seconded the motion. Councilmember Talianchich said he gathered from the results of the last bond election that the majority of the people did not want a new recreation building or a new pool at the recreation center. He said based on what he offered to the public when elected, he stands by what he said in that his personal view points must be subservient to the majority few point. He said he doesn't feel we are following the majority view point by putting forth this proposal and thinks if were divided into two propositions, the Colonial Park item would easily past. He said, based on his observations, he thinks including it as one unit will make it difficult to pass. When asked about the 40 year term, Assistant City Manager/Public Works Director Peifer pointed out that he believes that is the maximum, so it could be less than that depending on the market. Councilmember Talianchich said he is astonished and believes it gives too much latitude and should be changed to 20 or 25 years. Councilmember Fry said he is proud of this and the process. He said we had a committee of people who he thinks very highly of and who he trusts. He said he knows enough about this Page 5 of 8 City Council Meeting, July 28, 2008 issue to know whether they did a good job, which they did. He said they got every kind of input you can think of and to be able to come up with a plan that satisfies as many people as it does is a marvel. He said he is confident they have brought Council their best product. He said Council can't know everything about everything so you need people in the neighborhood you trust to work through all these things for you and bring you what they believe is the right thing to do. He said they've done that, he's proud of it, and he supports it. Regarding the 40 year term, Councilmember Fry said he believes that the City needs flexibility. He said to lock the City in to 20 or 25 years may preclude them from a doing a deal that makes a lot of sense. He thanked the committee and said he is very proud of them. He also thanked Parks and Recreation Director Tim O'Connor and his staff for their hard work. Councilmember Cohen echoed what Councilmember Fry said and added that our bond counsel and finance director will decide what makes the most sense given the market and said she sees no reason to limit our flexibility. She said this has been a great process and the committee has done a great job of sifting through the mountain of comments and information and coming to a reasonable middle ground that looks forward in the future to provide the City with the kind of facilities it needs and a level of facilities that people expect and that will provide our citizens with something they will use. She said she thinks the citizens are behind it and thinks we should go forward and thanks the committee and staff, too. Councilmember Guffy said he thinks Councilmember Talianchich is shorting the citizens when he says the City shouldn't do anything with the Recreation Center. He said a lot of money was spent to buy the facility from the YMCA and before the YMCA there were a lot of problems at Colonial Park. He said for at least 6 or 7 Saturdays during the summers it was shut down for anyone else to use when the swim team was there. He said there would be 200 to 300 people packed in Colonial Park all day long. He said a new pool is definitely needed at the recreation center. He said the one there is just inadequate. He said the seniors are being shorted because they are packed in the Community Center with the jazzercise classes, both of which are crowded. He said Seniors Program is growing and thinks the seniors want to see a new building at the recreation center and so does the jazzercise. He said jazzercise will have a very large purpose built room with a stage and sound system. He said he thinks the building may still be a little large even at the $1.3 million reduction, but thinks we'll grow into it because the facilities will be so great, more people will use them and there will be more opportunities to use them. In regards to the 40 year term, he said we should leave it to the professionals and let them decide what is best. He said he is definitely in favor of the new Recreation Center and renovations and believes everyone will be very proud of them when they are complete. Mayor Kelly also thanked everyone for their time and effort. He said the process is working because of community input and he is encouraged about what the probable outcome will be. He said there has been an amazing amount of input from all different sources. Mayor Kelly said he likes the fact that the election is being proposed for November because it will be a lot of people out voting in the presidential election. He said the main thing he wants to get out is that the bond issue will be on the ballot and encourage people to vote whether they vote for or against it. He said Council has taken all the information from the committees, residents and other sources and make a recommendation to the citizens, which they have been elected to do. He said Council is only making a recommendation and feels that people will vote on their own personal views. Councilmember Talianchich thanked the committee for their time and effort even though he said he doesn't agree with their conclusion. Page 6 of 8 City Council Meeting, July 28, 2008 At this time a vote was made on the motion by Councilmember Fry and seconded by Councilmember Cohen to approve the ordinance on the first of two readings. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Cohen, Fry, and Guffey Noes: Councilmember Talianchich 4. CONSENT AGENDA All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda, A. Resolution Appointinq Friends of West U Parks. Inc.. Board Members Consideration and possible action on a resolution of the City Council of the City of West University Place, Texas, approving the appointments of Susan Garofolo and Beth Lane to the Friends of West U Parks, Inc., Board. Recommended Action: Approve resolution. B. Ordinance Callinq Joint Public Hearinq Consideration of and possible action on an ordinance of the City Council of the City of West University Place, Texas, calling for a joint public hearing to hear comments for or against a zoning amendment regarding variances. Recommended Action: Approve ordinance on first and final reading. C. Ordinance Callinq Joint Public Hearinq Consideration of and possible action on an ordinance of the City Council of the City of West University Place, Texas, calling for a joint public hearing to hear comments for or against a zoning amendment regarding special exceptions. Recommended Action: Approve ordinance on first and final reading. D. City Council Minutes Approve the special and regular City Council meeting minutes and the Employee Benefits Trust minutes of July 14, 2008. Councilmember Fry moved to approve the Consent Agenda as written. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Cohen, Fry, Guffey and Talianchich Noes: None 5. RECEIVING OF REPORTS There were no reports from Council. Councilmember Talianchich asked Assistant City Manager/Public Works Director Peifer about the College Street Drainage project. He said he thought that was to drain College Street where it comes down to Bellaire, but he sees now that we are going all the way up to the Recreation Center and wanted to know why the project is getting extended. Page 7 of 8 City Council Meeting, July 28, 2008 Assistant City Manager/Public Works Director Peifer explained that the reconstruction of Bellaire Boulevard will be going all the way to Weslayan and on to the railroad tracks. He said the scope of the project will be including the City of Houston right-of-way and the Southside right-of-way. He said it is primarily and is funding a Transportation Improvement project for Bellaire because it will keep it open and passable for the Med Center and because it's a METRO intense corridor. He said for our drainage portion of it, it will be making its turn on Weslayan College and come across Riley. ADJOURNMENT A motion to adjourn the regular session at 6:59 p.m. was made by Councilmember Cohen and seconded by Councilmember Fry. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Cohen, Fry, Guffey and Talianchich Noes: None Meeting adjourned. Prepared by: I Ell Thelma A. Lenz, City Secretary & Date Approved: ~0f If, j-ooy' Page 8 of 8