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HomeMy WebLinkAbout051109R CC MinL (WON The City of West University Place A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember Phyllis Cohen, Councilmember Chuck Guffey, 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, May 11, 2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:30 p.m. to consider the following: Council and staff in attendance: Mayor Kelly, Mayor Pro Tern Fry, and Councilmember Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, ACM/Public Works Director Peifer, Chief Building Official Brown, Parks and Recreation Director Tim O'Connor, Police Chief Ken Walker, and Fire Chief Steve Ralls. Councilmember Cohen was absent. Also in attendance were: Jeff Gerber with Pierce Goodwin Alexander & Linville, Haley Panton with Water Technologies, and Janine Schueppert of the Parks Board. Notice of the special and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. CALL TO ORDER Recreation Facilities Matters related to the City's recreational facilities, including but not limited to Colonial Park Pool. Janine Schueppert, Jeff Gerber, and Haley Panton presented. Ms. Schueppert stated that at its last meeting the Parks Board approved the design being recommended to Council by a vote of 7-1. Mr. Gerber stated that the design is very similar to the original concept with a couple adjustments that were presented to the Parks Board and said he feels that the design now meets the criteria they were given. Ms. Panton gave a brief description of the current design and elaborated on the adjustments with one being to the swim lanes so that the lanes are a constant depth and the other being the addition of a shade structure that will be anchored on the deck and provide shade on the water surface. Councilmember Guffey asked why the lanes aren't standard lanes to which Ms. Panton responded that they were kept at 60 feet mainly to accommodate deck space on the north side. Mr. Gerber said there was also a cost consideration and they wanted to stay within the budget limitations. Councilmember Guffey also asked if the basketball goals will be portable. Ms. Panton said they will be semi-permanent, meaning there will be an anchor in the deck for the stand and hoop, but they can be removed when not in use. In response to Mayor Pro Tern Fry's question as to how many lifeguards will be needed Ms. Panton said that her office and the Parks Board came up with 4 to 6, with maybe 5 to 7 being necessary during high usage such as a July 4 weekend. City Council Minutes, May 11, 2009 In response to Mayor Pro Tem Fry's question as to the recommended hours of operation on a seasonal basis, Parks and Recreation Director O'Connor responded that staff suggests having a Memorial Day to Labor Day operation, 7 days a week, and in the warmer months in the Fall and Spring, open Fridays, Saturdays, and Sundays for rentals, public swim, and other occasions. Mayor Kelly asked Mr. O'Connor if thinks there would be greater than 50 percent increase in usage in the new pool versus the old pool. Mr. O'Connor said he is not able to provide that information right now. Mayor Kelly said in looking at Bellaire's experience when they opened their new pool, we can expect a minimum of a 100 percent increase in usage. Mr. O'Connor said with the design of the pool, that number is very realistic. Mr. O'Connor said before developing a fee structure and business plan, they will need direction from Council. He said it is staff's recommendation that only residents and their guests be allowed usage of the pool for at least the first year and it can be modified later to open it up to nonresidents if the lack of usage makes it necessary. Mayor Kelly said he hopes the next Council will address the issue of finding a way to get the pool open quicker, as well as find a way to not have to close it next summer. Mayor Pro Tern Fry moved to adopt Concept A2 as presented by the Parks Board. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen 2. Real Estate Matters related to the acquisition, purchase or proposed West University Place Fitness Center discussed in open session. exchange of residential properties adjacent to the located at 4210 Bellaire Boulevard. This item was City Manager Ross presented and requested that Council approve the purchase of 6728 West Point and the exchange of the property at 4204 Cason for the City's property at 3501 Corondo Court for an amount not to exceed amount of $705,000, which includes all transaction and other associated fees. Mayor Pro Tern Fry moved to approve the City Manager's request. Councilmember Guffey seconded the motion. Per Mayor Kelly's inquiry, City Manager Ross stated that the purchase and exchange of these properties will give the facility additional parking spaces, green space, frontage on West Point, and will allow for much smoother ingress and egress. A vote was made to the motion and seconded. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen 3. Reimbursement Resolution Matters related to a resolution declaring official intent to finance expenses incurred related to the purchase or acquisition of properties adjacent to the West University Place Fitness Center in an amount not to exceed $800,000. City Council Minutes, May 11, 2009 Mayor Kelly amended the not exceed amount to $705,000. Mayor Pro Tern Fry moved to approve the resolution in an amount not to exceed $705,000. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen Mayor Pro Tem Fry moved to adjourn special session at 6:10 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen Special Meeting Adjourned. REGULAR MEETING: Mayor Kelly called the regular meeting to order at approximately 6:35 p.m. in the Council Chambers. Agenda items were as follows: Pledge of Allegiance and Pledge to the Texas Flag led by led Clay Nickens of Boys Scout Troop #55. 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.] Brennan Reilly, 3731 Rice Boulevard, spoke about the proposed ordinance relating to the sprinkler system requirement and said he particularly opposes the requirements for renovations. He said he has viewed the materials on the City's website and other resources regarding the costs and none of the materials discuss the costs of renovations and asked that Council refer this back to the Building and Standards Commission to get them to develop costs and evaluate guidelines before making a decision, especially when it comes to renovations. He said there are many others ways, and cheaper ways, to mitigate fire risks and asked that Council not rely on a one size fit all solution. He suggested that Council consider a mandate to have fire alarms linked to the fire department for the public safety piece of this and asked that Council not change the rules in the middle of game, i.e., having it become effective 10 days after publication. John Berger, 3775 Arnold, spoke regarding crime because he recently had his car stripped down in his driveway and said this is the second time he has had a car break-in in less than a year and said if there is anything we can do give the Police Department more resources to increase patrols, please consider doing it. Adrienne Vanderbloemen, 4230 Judson, came to speak about traffic speed around the parks, especially around Judson Park between the hours of 3:00 - 7:00 p.m., and she asked that Council consider the possibility speed bumps. She said she knows there are issues with speed bumps, City Council Minutes, May 11, 2009 especially when it comes to emergency vehicles, but said there are some new options. She asked if nothing else, consider a stop sign. Cindy Garza Roberts, Public Affairs Director for HEB, Houston Division, and John Beardsley, 6225 Buffalo Speedway, came forward to introduce themselves and the leaders of the store being erected on the corner of Buffalo Speedway and Bissonnet and said the anticipated opening date is in August and she hopes that the residents of West U will become customers of the store. 5. 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 April 27, 2009. Ms. Thelma Lenz, City Secretary B. Investment Policy Ordinance Matters related to the second reading of an ordinance amending Chapter 2, Article V, Division 3 of the City's Code of Ordinances regarding the City's Investment Policy and repealing Ordinance 1712. C. Storm Debris Removal Contract Matters related to extending the contract with Storm Reconstruction, Inc., for services associated with the removal of storm debris. D. Storm Debris Monitoring Contract Matters related to extending the contract with Beck Disaster Recovery, Inc., for monitoring services associated with storm debris. E. Rescheduling 2nd City Council Meeting in May Matters related to changing the May 25, 2009 City Council meeting to May 18, 2009 in order to adhere to the State's mandated schedule for canvassing results of the May 9, 2009 General Election. Councilmember Guffey moved to approve the consent agenda as presented. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen 6. 2006 International Code Council (ICC) and 2008 National Electric Code (NEC) Codes A. Public Hearing. Public Hearing to hear comments for or against 2006 ICC Codes, including Appendix P regulations related to residential sprinkler systems, and the 2008 National Electric Code. B. Ordinance. Matters related to the 2006 ICC Codes, including Appendix P regulations related to residential sprinkler systems, and the 2008 National Electric Code and the adoption of an ordinance on the second and final reading. Public Hearing opened at 6:50 p.m. City Council Minutes, May 11, 2009 Chief Building Official John Brown presented and stated that in going through the discussions it was found that it was easier for the City to apply the fire sprinkler requirement to new construction only. Mayor Kelly confirmed with Chief Building Official Brown and City Manager Ross that the ordinance being considered on second reading is the exact same ordinance as on the first reading and that it states that the requirement is only for new construction and, therefore, doesn't need amending. Steven Segal, 2901 Sunset, came forward to ask about the effective date. Chief Building Official Brown stated that as a general rule, ordinances become effective 10 days after the date of publication in the paper. Regarding existing applications, City Attorney Petrov stated that an application has to be considered based on the rules in place on the date the application is filed. Chief Building Official pointed out that the effective date will apply to all the Code amendments being presented in the proposed ordinance. Brennan Reilly, 3731 Rice Boulevard, stated that he would like Council to consider a more reasonable effective date. In response to Mayor Kelly's question as to the origin of the 10 day rule, City Attorney Petrov stated that State law dictates that an ordinance that carries penalty provisions can't go into effect any sooner than 10 days after the date of publication, so Council can allow for an effective date any date following the 10 days after publication. With no other comments from the public, the Public Hearing closed at 7:55 p.m. Mayor Pro Tern Fry moved to bring the ordinance forward for a vote. Councilmember Guffey seconded the motion. Mayor Kelly moved to amend the motion before the Council to change the effective date in the ordinance from 10 days from the date of publication to 30 days. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen Mayor Pro Tem Fry moved to adopt the ordinance as amended. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, and Guffey Noes: None Absent: Cohen 7. Reports A. Recycling and Solid Waste Board Presentation/Report. Orville Marlowe, Chairman of the West U Recycling and Solid Waste Reduction Board and Steve Stelzer, Vice Chair of the Board gave a report to Council and shared the results of a recent telephone survey. It was City Council Minutes, May 11, 2009 reported that 91 percent of the City's residents recycle and that of those that do, they use the curb-side recycling program. In addition, it was found that only 80 percent of the residents knew about the RecycleExpress facility on Dincans Road. It was also found that 94 percent of recyclers recycle all or most of their paper cardboard, 89 percent recycle all or most of their plastics, 77 percent recycle all or most of their aluminum, 70 percent recycle all or most of their bi-metals, and 78 percent recycle all or most of their glass. Mr. Orville stated that the survey also found that 50 percent of the residents that recycle use the RecycleExpress facility and of the people that use the facility 49 percent said they either use it on a daily or weekly basis and 21.9 percent of the recycling is recycled at RecycleExpress. For those that don't recycle, the reasons given ranged from it being inconvenient to they didn't care or there wasn't enough time. Mr. Orville stated that Board hopes that a recycling educational campaign will help to reduce the total volume by at least 30 percent over the next 3-5 years to avoid having to go to a pay as you throw or mandatory recycling. In response to Councilmember Guffey's inquiry about going back to grass clippings, Mr. Stelzer said if the City wants to get back into composting, it would cost approximately 60,000 more per year with staff, equipment, and vehicles, which are expenses that they do not currently have. He said the location of the closest site, which is in Pearland, would also be an issue; but, however, he said they are still looking into the possibility. 8. 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). 9. Convene into Open Session Not applicable. 10. Adjournment Mayor Pro Tem Fry moved to adjourn the regular meeting at 7:12 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Noes: Absent: Prepared By: Kelly, Fry, and Guffey None Thelma A. Lenz, City Secretary &ST UN/yf'., a v s Texas Date Approved:(-