Monday, March 28, 2011

Results of the March 28th meeting

Note: The audio file for this meeting is located here.


Mayor Bill Weber opened the meeting promptly at 5:30 pm, and asked me to do the invocation.


Item 1 was a time to hear from visitors, but the only visitors who wished to speak pertained to item 2, so they were asked to speak then.


Item 2 was a public hearing on a proposed special permit to install a wind energy system on the property of Kevin and Linda Draper. For about the past 18 months, the Drapers had patiently pursued getting the Council to come up with an ordinance for wind power systems. Once the ordinance was in place (which took about 12 months), they had gotten approval from the Planning and Zoning (P&Z) Board. Mr. Draper came to speak in support of the proposal, but he humbly said that he would be content with whatever the Council decided. However, some opposition was present tonight; three neighbors were present to speak against approval of the special use permit. First, Weldon Walker eloquently spoke against approval, stating that wind turbines were inappropriate for urban settings, and also produced copies of the Dominion Park deed restrictions. The restrictions said that "No solar panels or solar heating or electrical systems or similar apparatus shall be placed in or upon any lot without the prior written approval of the Architectural Control Committee", of which Mr. Walker is Chair. Next, Tina Freeman came to say that she knows of no other urban areas that allow wind generators, and that she thought it would negatively impact property values. There was a third resident in opposition, but he indicated that he would simply be repeating things that already been said, so he declined to give his comments.


This closed the public discussion, and then the Council debated the proposition. Scott Giddings stated that he thought the ordinance was well crafted and that it was not the City's place to mediate homeowner association disputes or to worry about the economics of the proposal, and would therefore be supporting approval of the special use permit. I stated my agreement with what Councilman Giddings had said. Council member Jane Kittner spoke briefly, then Bill Weber stated that the ordinance had been carefully worked out over an extended period of time without opposition until now. Then the most senior Councilman Don Baker gave a balanced discussion of the pros and cons, but ultimately felt that the Council's responsibility was to "protect neighborhoods" and would be voting against it because of the opposition and restrictions.


Then the vote was held, with five in favor of approval and two opposed (Baker and Lillard). This was a rare example of a divided vote, most being unanimous. I think Mr. Draper might be well-advised to not proceed with his plan; the deed restrictions may be ruled applicable in court, and in any case I think it is unlikely that he will recover the significant investment from decreased electrical costs. But I do wish him the best. Personally, I don't think I would find a wind tower near my home objectionable, but I have never had to live with one either.


Item #3 was discussion of whether to permit daycare centers in P-C (planned commercial) zoning areas. Gary Tully has owned a property for a long time in a P-C zoned area, and he has been trying to sell or lease it for a long time. Until 2006, it had been allowed to place daycare centers in P-C zones, but not since. However, no one on the Council could remember a really good reason why (only that daycare centers do not pay sales tax). One of the Council pointed out that the only zone that allowed daycare was P-I (planned industrial) but that zoning also allowed sexually-oriented businesses, totally incompatible with daycare. Thankfully, Woodway has no such businesses, but the incongruence remained. The Council's consensus was to refer the matter to P&Z to amend P-C zoning to allow daycare.


Item #4 was on "Certification of unopposed candidates" (i.e., that none of the incumbent Council members up for election this year had opponents, and therefore did not need to be elected in May) and cancellation of the planned May 14th election. This was approved unanimously.


Note 1: The election of Midway ISD board members still takes place on May 14th, and voting at Woodway City Hall will still happen, just not for City Council.


Note 2: Woodway's population now exceeds 5% Spanish-speaking (about 5.03% according to the City Manager), and this necessitates publishing certain things in both English and Spanish.


Item #5 was discussion of certain aspects of the City budget (Parks and Recreation, and Community Development).


Item #6 was presentation of the "consent agenda", which was approval of the past meeting's minute and several expenses to keep wells running, etc. These were unanimously approved (Item #7).


Item #8 was the City Manager's report. Some discussion of unsightly trash storage at a rental property concluded with the suggestion that the owner be contacted to voluntarily correct the condition so that an ordinance would not be necessary.


The meeting adjourned at 6:41 pm.