HomeMy WebLinkAbout041309R CC Min0 The City
A Neighborhood City
CITY COUNCIL
Bob Kelly, Mayor
Bob Fry, Councilmember
Phyllis Cohen, Councilmember
Chuck Guffey, Councilmember
of West University Place
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, April 13,
2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at
6:00 p.m. to consider the following:
Council and staff in attendance: Mayor Kelly, Councilmembers Guffey and Cohen, City Manager Ross,
City Secretary Lenz, City Attorney Petrov, Parks Board Chair Schulze, Parks and Recreation Director
O'Connor, Chief of Police Walker, ACM/Public Works Director Peifer, Fire Chief Steve Ralls, and Jeff
Gerber, Pierce Goodwin Alexander & Linville.
WORKSHOP: Mayor Kelly called the special meeting to order at 6:05 p.m. in the Council Conference
Room. Agenda item were as follows:
CALL TO ORDER
1. Recreation Facilities
Matters related to the City's recreational facilities, including but not limited to the Parks Board
recommendation regarding elevations.
Mr. Schulze began by stating that Parks Board members who were present at last weeks Parks
Board meeting unanimously approved one of three elevations presented to them by Mr. Gerber of
PGAL.
Mr. Gerber presented to Council two of the three elevations that were presented to the Parks Board
and he stated that the Parks Board preferred the third option, but liked some elements of one of the
other two. With the information received from the Parks Board, PGAL brought to Council five
variations, options 3A - 3E with different levels of detail of what they felt the Parks Board
envisioned. He said PGAL will continue to explore different kinds and colorations of stone and
accentuation of windows and the main entrance.
In response to Councilmember Guffey's question as to whether there are differences in costs in the
different options, Mr. Gerber stated no, because for all intended purposes, all variations pretty much
require the same materials, just in different ways.
After his presentation and discussion, Mr. Gerber received confirmation from Council that PGAL is
headed in the right direction.
Clarifying names of the recreational facilities was then discussed. Mayor Kelly stated that staff's
recommendation is to call Colonial Park the Family Aquatic and Tennis Center at Colonial Park or
the Colonial Recreation Facility; and, the property on Bellaire (the old YMCA) be called the West
University Place Fitness and Recreation Center or West University Place Fitness Center.
City Council Minutes, April 13, 2009
Councilmember Cohen stated she thinks the names should be short, simple, and consistent with
the prior name and said it should be called what people are going to call it and no one will call
Colonial Park the Colonial Recreation Facility.
Mayor Kelly said we could get by with calling Colonial Park Colonial Park, but thinks the fitness
center would definitely need to be called the West University Place Fitness Center.
Mayor Pro Tern Fry arrived at 6:30 p.m. and Mayor Kelly informed him of the discussions regarding
the elevations and the proposed names. Regarding facility names, Mayor Pro Tem Fry said you
can call it whatever you want now and determine later what the best name for it would be, but said
he will go with whatever staff recommends.
Councilmember Guffey informed Mayor Pro Tern Fry that the concern for having an official name
right now is for legal documents and signage.
After further discussion, Mayor Kelly moved to approve that the property on Byron be informally
referred to, at least for the time being, Colonial Park. Mayor Pro Tem Fry seconded the motion.
MOTION PASSED.
Ayes: Kelly, Fry, Guffey, and Cohen
Noes: None
Absent: None
Mayor Kelly moved to approve that the property on Bellaire be informally referred to, for the time
being, as the West University Fitness Center. Mayor Pro Tern Fry seconded the motion. MOTION
PASSED.
Ayes: Kelly, Fry, and Guffey
Noes: Cohen
Absent: None
City Manager Ross confirmed with Council that Option 3B of the elevations is more in line with what
they envision.
At 6:40 p.m., Councilmember Cohen moved to adjourn the special meeting. Mayor Pro Tern Fry
seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, and Guffey
Noes: Cohen
Absent: None
REGULAR MEETING: Mayor Kelly called the regular meeting to order at approximately 6:43 p.m. in
the Council Chambers. Agenda items were as follows:
Pledge of Allegiance led by Mayor Kelly
Pledge to the Texas Flag led by a scout from Troop 55
Notice: Matters related to the notice of this meeting. Notice of the meeting was duly posted in
accordance with the Texas Government Code, Chapter 551.
City Council Minutes, April 13, 2009
2. Star Citizen Award
Nicholas Ro and Susan Garofolo will be recognized and presented with the Star Citizen Award for
their volunteer efforts relating to the 2009 Park Lover's Ball.
Donna LaMond, Executive Director of the Friends of West U Parks, spoke to thank Nicholas Ro
and Susan Garofolo for their outstanding efforts in co-chairing the 2009 Park Lover's Ball and
raising approximately $150,000 which will be used for Huffington Park. Mayor Kelly presented
them with the awards.
3. 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.]
Arthur L. Hirdler, 6416 Community Drive, read a letter addressed to Council dated April 13, 2009,
regarding action status on (1) West University Place associated street light distance fraud and/or
incompetence; and (2) installation of street light at his preferred location, the northwest corner of
Community Drive at Byron. He asked for the status of these concerns, which he also brought up at
the last Council meeting. He provided City Secretary Lenz with a copy of the letter for her records
and copies for City Council.
Nick de Berardinis, 5708 Buffalo Speedway, spoke regarding the driveway stub agenda item. He
said they are new residents and made a mistake moving in based on information received from
their realtor and previous owner, both of which told him that the City would allow a circular
driveway. Based on what was told to him, he began lifting all the grass and cut all the sprinkler
heads and then received letters from staff, which indicated that they were in violation of City
ordinances. At a Zoning and Planning Commission meeting he asked why did the City care and
was told that there are safety concerns and the issue of protecting properties. Mr. Berardinis said
looking at different properties on Buffalo Speedway, he doesn't see where either of those issues
are addressed. He said it's nice that Council is considering the stub; but as the owner of a
landscape company in Louisiana, he doesn't want to put down the pervious material that is being
recommended and doesn't understand why he should have to use that type of material. He asked
Council to reassess how it values these things and to stop telling people they are not backing up
into a major thoroughfare on Buffalo Speedway just because it's not defined as one.
4. Zoning Ordinance Amendment Relatino to Driveway Stubs
Matters related to the first reading of an ordinance amending the Zoning Ordinance relating to
Driveway Stubs.
City Planner Debbie Scarcella presented this item. In response to Mayor Kelly's question as to
what precludes, in the existing ordinance, the allowance for a circular driveway, Ms. Scarcella
stated that each platted lot is allowed one curb cut, except for building sites 60 feet in width or
more. She said though the regulation doesn't always make sense, the Council that adopted these
code measures thought out the width of the building site to include the actual driveway widths,
including curb cuts, and the space in between so that there would be a decent semi-circle, as well
as keep the aprons from encroaching on someone else's property on the sides and she said this
works out to be exactly 60 feet.
Regarding the requirement for pervious pavement, Ms. Scarcella said residents still have to meet
the 50% pervious area in the front yard, as well as 50% grassy.
City Council Minutes, April 13, 2009
Councilmember Cohen asked why it couldn't be written for material that is easier to walk on. Ms.
Scarcella said that was an attempt to get the grassy look so that it still looks like yard rather than a
parking lot.
Zoning and Planning Commission Chair Schulze added that this was debated quite extensively
and what they wanted, for safety sake, was for people to be able to turn their cars around and
enter the roadway headfirst rather than having to back out onto Buffalo Speedway. He also said
the Commission is trying to design this so that it is not a parking space and that if it is used , it is
used only as a turnaround space, you won't be stepping in and out of the car there.
Chair Schulze continued to say that the primary factor for the porous pavement is to make it so
that it looks like the grass and not be an eyesore from the front yard. He said those properties that
have been grandfathered are those that we will have to live with until they are eventually
redeveloped and they lose their prior nonconformance status.
Mayor Kelly said this is a compromise because he and a couple other councilmembers didn't
particular care for the concept of it looking like people were parking in their yards; but, they were
told that this was a safety issue and we needed something that people on Buffalo with smaller lots
could come in and come out of efficiently.
Councilmember Guffey stated that it's a reasonable compromise.
Councilmember Cohen moved to adopt the ordinance on first reading. Councilmember Fry
seconded the motion. MOTION PASSED.
Councilmember Cohen asked that in the interim of second reading, staff explore potential
alternative materials to be reasonable flexible. Mayor Kelly agreed.
Ayes: Kelly, Fry, Guffey, and Cohen
Noes: None
Absent: None
5. Emerciencv Power Generators
Matters related to the Installation of Emergency Power Generators, including approval of a
contract.
Assistant City Manager/Public Works Director presented this item and asked Council to approve
the contract with Jonmar Construction Company, the lowest qualified bidder, and approve the
reallocation of $100,000 from the Surface Water account to the Capital Project account, and
authorize the City Manager to enter into the contract, and approve Change Order #1 for the
removal of the automatic transfer switch to allow for separate purchase.
Mayor Pro Tern Fry moved to accept the lowest qualified bid, including Change Order No. 1, from
JonMar Electric, approve the budget transfer in the amount of $100,000, and authorize the City
Manager to execute a contract to install the City provided equipment. Councilmember Guffey
seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Guffey, and Cohen
Noes:
None
Absent:
None
City Council Minutes, April 13, 2009
6. Huffington Park Redevelopment
Matters related to the recommendation from the Friends of West University Parks Fund, Inc., and
the Parks Board for Council to approve moving forward with the playground redevelopment at
Huffington Park and authorize the funds approved by the Friends of West U Parks.
Parks and Recreation Director Tim O'Connor presented and stated that Huffington Park is
scheduled for renovations in 2009 and said based on the recommendation of the Friends Board
and Council, a planning committee was formed and a design theme resulted from the committee
meetings. The design themes were included in Council packets.
Mr. O'Connor said staff recommends approval of the Huffington Park playground renovation
project and would like authorization for the Friends of West University Place Park, Inc., to spend up
to $150,000 of their funds. He said the estimated time is 4-6 weeks for manufacturing and delivery
and two weeks for installation, with the anticipated completion date being June 8, 2009.
Mayor Pro Tem Fry moved to approve the Friends plan for Huffington Park and to not expend
more than $150,000. Councilmember Cohen seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, and Cohen
Noes: None
Absent: None
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 March 23, 2009.
B. Identity Theft Program Policy
Matters related to a resolution adopting a written identity theft program policy and authorizing
the City Manager to approve changes in the policy.
C. Community Development Block Grant Funding
Matters related to an Agreement/Memorandum of Understanding regarding Community
Development Block Grant funding.
D. Election Agreement
Matters related to an agreement between Harris County and the City of West University Place
for the County's services relative to the General Election to be held on May 9, 2009.
E. Election Ordinance Amendment
Matters related to an amendment to Ordinance Number 1890 for the purpose of appointing a
new Alternate Precinct Judge for Precinct 87.
F. Water Conservation Plan
Matters related to the first reading of an ordinance to adopt the City's Water Conservation Plan.
City Council Minutes, April 13, 2009
Councilmember Guffey moved to approve the Consent Agenda. Councilmember Cohen
seconded the motion.
Ayes: Kelly, Fry, Guffey, and Cohen
Noes: None
Absent: None
8. Receiving of Reports
A. Texas Municipal Retirement System (TMRS)
Matters related to proposed legislation, funding, possible shortfalls in ability to payout, and
the future of TMRS.
Mayor Kelly provided information regarding the Texas Municipal Retirement System as was
discussed at a meeting he had with the Executive Director of TMRS and other
councilmembers and mayors from neighboring cities.
9. 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).
10. Convene into Open Session
Not applicable.
11. Adjournment
Councilmember Cohen moved to adjourn the regular meeting 7:49 p.m. Mayor Pro Tern Fry
seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, and Cohen
Noes: None
Absent: No
ytEST pA,'
Prepared by: v
Thelma A. Lenz, City Secretary
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Date Approved: ~7~ ou vXAs "