HomeMy WebLinkAbout011209R CC Min®rw C The City of West University Place
A Neighborhood City
CITY COUNCIL
Bob Kelly, Mayor
Bob Fry, Councilmember
Phyllis Cohen, Councilmember
Chuck Guffey, Councilmember
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 session Monday, January 12,
2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at
5:00 p.m. to consider the following:
Council and staff in attendance: Mayor Kelly, Mayor Pro Tem Fry, Councilmembers Guffey, Cohen,
and Talianchich, City Manager Ross, Assistant City Secretary Schultz, City Attorney Petrov, Police
Chief Walker, and Parks and Recreation Director O'Connor.
MAYOR KELLY CALLED THE SPECIAL MEETING TO ORDER AT 5:00 P.M. IN THE COUNCIL
CONFERENCE ROOM
1. Recreational Facilities
Matters related to the City's recreational facilities.
City Manager Ross, Parks Board Chair Russ Schulze and Jeff Gerber with PGAL presented this
item.
Mr. Schulze provided some background and stated that at a recent Parks Board meeting, Mr.
Gerber brought forward existing and new design concepts for discussion. He said different ball
fields were reviewed as well as three options of the pool being either on Bellaire, behind Bellaire, or
up on the north side backing up to the residents. He said the Parks Board unanimously liked the
plan which will have the pool back on the back fence, but the Board wanted to be sure that it would
satisfy the residents on Ruskin.
Mr. Schulze said another Parks Board meeting was called to discuss all the different ideas and Jeff
Gerber has brought forward another scenario.
Mr. Gerber spoke to explain the different configurations and the thought process for each. He
stated that in one option the pool was taken completely away from Bellaire, maximized the parking
and took the building completely out of the danger zones of the ball fields, but there were concerns
from the Park Board members that this option wasn't as good to the neighbors as possible. He said
an alternative that creates a positive for the neighbors is to the move the buildings closer to Bellaire
and create a park-like buffer zone and recreate the Colonial Park feel.
Councilmember Talianchich suggested putting the building over the pool, which he believes will be
cheaper and a nicer looking structure. He said it can be a larger one-story building and it would
allow for more parking, green space and would take it out of the ball field.
Mr. Schulze said the location issue is mostly what they want Council to consider tonight.
City Council Meeting, January 12, 2009
Mr. Ross stated that for planning purposes, Council needs to confirm that the two or three
properties that need to be acquired by the City will at some point in time be owned by the City so
that Mr. Gerber can optimally layout the facilities and plan as if they will be part of the site someday.
If not, Mr. Gerber will need to start segmenting those from the planning and not show parking in
those areas.
Mayor Pro Tern Fry moved to approve Plan 4 contingent on a positive recommendation from the
Parks Board. Councilmember Fry seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
Mayor Pro Tern Fry moved to approve for the planning of this project that we include the ultimate
purchase by the City the residential lots on West Point adjacent to the Recreation Center property.
MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
2. Real Estate
Matters related to the acquisition or sale of properties.
Discussion on real estate matters will be held in closed executive session in accordance with Section 551.072 of
Chapter 551 of the Texas Government Code (discussion about the value or transfer of real property and other real
estate matters).
At 5:35 p.m., Mayor Kelly called the Executive Session to order. Members present included
Council, City Manager Ross, Mike Welch, City's Real Estate Appraiser, Jeff Gerber with PGAL,
Parks Board Chair Russ Schulze, Parks and Recreation Director O'Connor, and Assistant City
Secretary Schultz.
Mayor Kelly adjourned the Executive Session at 6:00 p.m.
3. Convene into Open Session
Council reconvened into Open Session at 6:00 p.m., with no action taken.
Mayor Pro Tern Fry moved to adjourn the special meeting at 6:05 p.m. Councilmember Cohen
seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
ADJOURN
REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS)
Mayor Kelly called the regular meeting to order at 6:30 p.m. Regular Agenda items were as follows:
Pledge of Allegiance
City Council Meeting, January 12, 2009
Pledge to the Texas Flag
Boy Scout Troop 266, Den 10, led the Pledge of Allegiance and the Pledge to the Texas Flag.
Notice: Matters related to the notice of this meeting. Assistant City Secretary Schultz confirmed the
notice of this meeting was duly posted in accordance with the Texas Government Code, Chapter 551.
4. Public Comments
This is an opportunity for citizens to speak to Council relating to agenda or non-agenda items.
Speakers are required to address Council at the microphone and give their name and address
before addressing their concerns. [Note: State law will not permit the City Council to fully discuss,
debate, or consider items that are not on the agenda. Items that cannot be referred to the City
Staff for action may be placed on the agenda of a future City Council meeting.]
There were no comments from the public.
Note: Agenda Item 8 was taken out of order and discussed at this time. See Item 8 for action.
5. Subterranean Structures (Basements)
Matters related to the excavations and other subterranean structures, including possible code
amendments and related issues.
Zoning and Planning Commission Chair Steve Brown presented this item and stated that this
concern was brought to him by City Planner Debbie Scarcella because of an increase in
construction permits for homes that included basements.
Mr. Brown stated that currently there are no regulations governing basements and similar
underground structures in West U, except for that portion which would be under water in a 100-
year flood. He said the FEMA regulations which are supported by City Code prohibit basements
in that part of town, but in the parts of town that are in the 500 year flood plain there are no
limitations.
Mr. Brown said after substantial preliminary discussions with the Zoning and Planning
Commission and the Building Standards Commission, both Boards concluded that basements
present potential risks to both property owners and occupants and City ordinances should be
amended to address those risks. He said there are two approaches, the first being to institute a
broad prohibition of subterranean structures and simply not allow them and the second would be
to allow them with strict regulations. He then presented the pros and cons of both options. The
pros of prohibition are we wouldn't have to add very much to the City's Code, it makes common
sense, it can help to control density and intensity abuse, and it creates uniformity across the City
not just in the 100-year flood zone. Mr. Brown stated that the cons to prohibition are that it
possibly encroaches on the flexibility of property owners to use their property how they see fit and
it prevents some traditional uses (i.e. wine cellar).
Regarding the second option, allow but regulate, he said the strongest pro for this option is that it
respects property owners rights to allow them to have the flexibility to build something they might
like in the basement. It might also bolster the tax base by making some of the properties more
appealing and having a higher market value for some buyers. Mr. Brown said if these structures
are allowed, then regulating will be essential to make them safe from flooding and fire as well as
to protect neighboring properties. The cons of this option are that even if regulated something
could go wrong and it could possibly impact of neighbors in the excavation, the possible impact on
density and infrastructure, and it increases property damage and personal safety risk in case of a
flood or fire.
City Council Meeting, January 12, 2009
Mayor Kelly asked if basements would come under the existing square footage limitations for size
of lot. Mr. Brown responded that is one of the issues and they have made no determination as
they are still deciding which one of the courses of action to take. He said, though, he thinks that if
we allow and regulate them he would think that the Zoning and Planning Commission would be
likely to say that they wouldn't need to be added to the framed area.
Mr. Brown asked whether Council wants them to take the simpler route, which is simply to prohibit
them or if they feel it's important to protect the homeowners' rights as much as possible and allow
and regulate them.
Councilmember Talianchich stated that he believes in protecting property rights and has no
problems with basements. He said we would just need a structural engineer to design the
retaining walls and have another structural engineer to check it. He said with two engineers, there
should be no problem with the structure failing. He also said we would need to provide a
sequence of construction by the design engineer and use draw piers so that no vibration occurs
and that it should also be included in the 80 percent rule.
Councilmember Guffey said he agrees with Councilmember Talianchich about protecting property
rights, but also thinks we need to think about the rights to the other citizens. He asked Mr. Brown
if any one has inquired with insurance companies and asked them if West U started building
basements in the City would insurance rates go up for everyone. He said anything that would
affect neighbors, the rest of the City or insurance rate, should be prohibited and said he disagrees
with Councilmember Talianchich about the 80 percent rule.
Councilmember Cohen stated that if the basement is going to essentially be a room size,
someone is going to live in them whether there is a bathroom there or not, which is something the
Boards need to consider when considering regulations.
Councilmember Fry said it bothers him to think that we would add another layer in our Code for
the builders. He said simple would be better.
After additional discussion, Council directed the Boards to develop regulations and bring them
before Council at a later date.
6. Tree Ordinance
Matters related to the City's Tree Ordinance.
Urban Forester Craig Koehl presented this item and stated that amendments to the existing
ordinance are being requested for the following reasons:
• Removal of trees for new construction is currently allowed, but is very restrictive for
removal by property owners who are not proposing any sort of construction
• At time a property is sold, the existing ordinance penalizes owners who have voluntarily
planted and nurtured trees to maturity because it requires that any perspective
developer/builder provide significant replacements for those large trees that will be
removed and property owners who have not contributed at all to the establishment of the
City's urban forest are somewhat rewarded because there is very minimal planting
required on a lot that currently has no trees.
• A 30-inch diameter Live Oak tree can be removed and replaced with two 15-inch diameter
wax myrtles, which are basically shrubs. The existing ordinance also allows the
replacement trees to be two inches in diameter and the ordinance does not protect a two
inch tree. A tree is not protected until it is at least 6 inches in diameter.
• It does not have growth space requirements and so several of the lots are being
significantly overplanted.
City Council Meeting, January 12, 2009
It does not address species or genus diversity, which exposes the City to a disease
epidemic.
Mr. Koehl said the BSC has been evaluating and reviewing all the concepts and what is being
brought forth tonight is the consensus that came out of the BSC for the proposed amendments.
Mr. Koehl then discussed the existing ordinance concepts and each proposed amendment. See
attached Exhibit "A" for the current and proposed key provisions.
In regards to the trees allowed to be removed, Councilmember Talianchich asked Mr. Koehl to
explain "unreasonably impeding use or structure." Mr. Koehl stated that, historically, it was
interpreted that the only way that the City Forester could grant a permit for removal of a tree is if it
was immediately in proposed construction.
Regarding the replacement calculation provision, Councilmember Cohen asked for clarification.
Mr. Koehl explained that a 30-inch diameter tree has a given canopy area and that when that tree
is removed the replacement trees would have to meet the canopy of the tree that was lost,
collectively. He said, however, if there were two large trees it is possible that just one of those
trees could meet the minimum canopy requirement for that lot, so the second large tree could be
removed without being replaced.
Councilmember Cohen asked the rationale for making people replace trees that probably should
be removed anyway and said it might look better in the City to take out the ugly trees and not
have to replace them to allow the pretty trees to be seen. Mr. Koehl said the City's goal is to
provide a canopy city-wide and if a tree has to be removed it provides an opportunity for a
canopy.
Councilmember Talianchich asked if staff has considered that canopies are almost irrelevant in
the rear yards, especially with new homes, because CenterPoint cuts anything in a 5-feet
easement and requires 7-feet from the lines, which does not allow room for canopies. Mr. Koehl
said one evaluation looked at was what is the potential canopy for the City and where could we
realistically have canopies. He said he believes a significant portion of the canopy can be
obtained over the street area if a large enough tree is planted and in given time the canopy will
extend over the street.
In regards to canopy definition, Councilmember Cohen stated that one of the critical issues is the
canopy requirement and what it is.
There was further discussion regarding canopy definition, minimum size, species and diversity
of trees, replacement trees, qualified trees, and growth space. After discussion and questions
from Council, Councilmember Cohen said at this point she doesn't believe that all of Council
has the same goals and feels it should be discussed more in a workshop for clarification. Mayor
Kelly agreed and a workshop will be tentatively set at a meeting in February.
7. 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. City Council Minutes
Approve City Council meeting minutes of December 8, 2008 and City Council special
meeting minutes of January 5, 2009. Ms. Thelma Lenz, City Secretary
City Council Meeting, January 12, 2009
No action taken. Due to corrections to the Minutes, they were pulled and will be added to the next
agenda for approval.
8. Certificates of Obligation and General Obligation Bonds
Matters related to the market update, finance plan, and schedule of events for Certificates of
Obligation and General Obligation Bonds; and approving a resolution authorizing publication of
intention to issue Certificates of Obligation.
Finance Director Daugherty presented and explained that the Certificates of Obligation are for
approximately $800,000 in the Bellaire Boulevard/College Avenue Water and Sewer Line project
that needs to be funded and an additional $425,000 for emergency power generators. As to the
number of generators that amount will purchase, Mr. Ross stated this amount includes six diesel
generators, which will outfit all of the facilities (public works, city hall and the police department).
Ryan O'Hara, RBC Capital Markets provided Council with an update of the financing plan and
schedule.
Councilmember Cohen suggested that natural gas generators be included in the bid as an option.
Councilmember Cohen moved to approve the resolution authorizing publication of intention to
issue Certificates of Obligation. Mayor Pro Tem Fry seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Gulley, Cohen, and Talianchich
Noes:
None
Absent:
None
9. Fee Schedule
Matters related to the City's Fee Schedule including review of proposed changes and
consideration of an ordinance on the first of two reading.
Mr. Ross presented and stated that one fee change relates to the redevelopment of contaminated
sites that are outside of our jurisdiction but happens to be within five miles from a city's operated
water well. The other fee is related to the alcohol permitting variance
Mayor Pro Tern Fry moved to approve the ordinance adopting the schedule on the first of two
readings. Councilmember Cohen seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
10. Executive Session (if necessary)
Council reserves the right to at any time during the session convene in a closed session pursuant
to Chapter 551 of the Texas Government Code, for reasons including but not limited to: Section
551.071 (consultation with legal counsel to seek or receive legal advice or consultation regarding
pending or contemplated litigation); Section 551.072 (discussion about the value or transfer of real
property and other real estate matters; Section 551.074 (personnel matters); 551.076 (deliberation
about security devices); Section 551.087 (deliberation regarding economic development).
No additional executive session.
11. Convene into Open Session
Not applicable.
City Council Meeting, January 12, 2009
12. Adjournment
Councilmember Cohen moved to adjourn the meeting at 8:30 p.m. Mayor Pro Tem Fry seconded
the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
Prepared by:
A. Lenz, City Secretary
Date Approved: C)~-/M~M4, y(s 215
5t UN/yF9
s
m
~lXXAS
Exhibit "A"
Key Provision
Current
Proposed
• Protected trees
During construction: 6-in.+
At all times:
Trees for which a permit is required for
Otherwise---
---4-in.+ (all Classes) and
removal or damage
---in/near street area: 6-in.+
---Any tree planted as replacement
---anywhere: 12-in.+
• Trees allowed to be removed
--Diseased, damaged, dead
--Diseased, damaged, dead
Categories of trees which maybe
--Hazardous
--Hazardous
removed or damaged (but only if
--Low-value (Class IV)
--Low Value (Class IV)
authorized by permit)
--Unreasonably impeding use or structure
--Unreasonably impeding proposed use
(existing or proposed)
or structure
--Any tree, if minimum canopy standard
is maintained
--Stand Im rovement/Su ression
• Heritage trees
(No special provision)
BSC approval required in/near street or
Class I or 11 trees, 24-in.+
rear and (Stronger justification needed
• Trees that must be replaced
--Any tree that is not "Low Value",
All, unless minimum canopy standard met
Trees which must be replaced, if
Hazardous, Dead, Diseased, or dying
removed or damaged
• Replacement calculation
Inch-for-inch, by diameter, but---
Canopy4orcanopy (sq.ft.) up to minimum
Number/size of trees required to be
---reduced by tree evaluations
canopy standard
planted to replace trees removed or
---reduced if high-value trees (6-in.+)
damaged
will remain
Exception: Stem-for-stem to replace
hazardous, diseased, damaged, dead,
stand improvement/suppression (up to
minimum canopy standard).
• Replacement location
1": On the site or in adjacent street area
15 On the site or in adjacent street area
Where replacement trees must be
2nd: In reasonable proximity to site
2nd: In street area within 1,000 feet
planted, listed in order of preference
3rd: Through tree trust (in reasonable
3rtl: Street-front/side yards within 1,000
proximity to site, within City limits)
feet
4": Through tree trust refer City fund
• Replacement size, species
---2-in, sometimes 4-in.
---4-in. (but 2-in. if replacing hazardous,
Minimum size and species of replacement
---Class I or II mostly
diseased, damaged, dead, suppressed)
trees
---Class I or II
• Permit types
Two---
One-- 'tree permit'
Basic types of permits that can
---building permit with "tree
(Simple, no-cost option for minor permits)
authorize tree removal or damage
disposition' conditions
--'tree permit"
• Tree evaluations
10 categories, 40 possible points
Abolished (Class I or II trees that have
How trees are evaluated (the score is
less than 25% canopy dieback count
used in the calculation for replacement
toward min. canopy standard)
trees
• Minimum planting standard
---2 to 7 trees (depending on site size)
Must meet minimum canopy standard.
Minimum tree requirement for each site
---Size 2-in.+
Altemative with BSC approval:
(triggered by major development)
---Class I or 11 (unless pre-existing)
---One per 1,500 sq. ft. of site area
---Size 6-in.+
---Class I or II
• Diversification of the Urban Forest
Not addressed
Requires diversification by genus
• Planting trees in street areas
Allowed
Strongly emphasized and in some cases
required
• Removing trees in street areas
(No special provision)
BSC approval required if 4-in.+ Class I or
II (Stronger justification needed)
• Canopy Definition
(No definition; canopy not used)
Formula:
Note: Critical Root Zone is similar
(diameter of trunk in inches) squared
concept.
x 3.14 = area of canopy in square feet
Note: Canopies of newly-planted trees
will be boosted, b set factors.