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HomeMy WebLinkAbout090808R CC MinMn 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 and regular session Monday, September 8, 2008, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at 5:00 p.m. to consider the following: MAYOR PRO TEM FRY CALLED THE SPECIAL MEETING TO ORDER AT 5:00 P.M. IN THE CONFERENCE ROOM Those also present: Councilmembers Cohen and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Finance Director Thomas, Human Resources Manager Standorf, Assistant City Manager/Public Works Director Pfeifer, Parks and Recreation Director O'Connor, Police Chief Walker, and Fire Chief Rails. Councilmember Talianchich was absent. Mayor Kelly arrived at approximately 5:10 p.m. 1. Finance Director Matters relating to the hiring of a Finance Director. At 5:02 p.m., Council convened into closed executive session to discuss matters related to Section 551.074 of the Texas Government Code: To deliberate the employment, evaluation, or duties of a public officer or employee. At 5:20 p.m., Council closed the executive session and reconvened into open session and took action as follows. Mayor Pro Tern Fry moved to approve Rhonda Daugherty as the City's new Finance Director. Councilmember Cohen seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich Rhonda will begin her position as the official Finance Director on Monday, September 15, 2008 and exiting Finance Director Thomas will be assisting through June 2009 or, possibly, earlier. 2. Budget Workshop Matters relating to the 2009 Budget. City Council Meeting, September 8, 2008 Finance Director Thomas presented and stated that staff received the Certified Roll and he said the estimated taxable value of the roll for 2008 is 3,905,735,603, which is an 11 percent growth in values compared to last year's $3,545,000,000. Mr. Thomas said the effective tax rate is 34.05 per $100 and our current tax rate is 36.6. He said the roll back rate is 36.15 and the maximum rate being recommended is 36.14. In response to the Mayor's question as to whether the bond issue, it if passes, would have an impact on the budget, Mr. Thomas explained that the bond issue would not have a budget impact until 2010. Mr. Thomas explained the resolutions on the regular agenda. He said if Council approves the resolutions, the first public hearing on the tax rate would be at the regular Council meeting on September 22 and the second and final public hearing would on be October 13 at the regular meeting. On October 27 there will be a public hearing on the budget and then adoption of the budget and the tax rate on first and final reading at the same meeting. Mr. Thomas informed Council that workshops can be scheduled anytime from September 26, 2008 and said staff will be recommending at the regular meeting that Council take a record vote. Mr. Thomas pointed out that there are some issues in the proposed 2009 Budget worth mentioning, such as the Waters Survey and the impact it will have on salaries, trying to absorb the increases in healthcare, and the recommendation of a one-percent increase to salaries for the Texas Municipal Retirement System (TMRS). 3. Colonial Park Winter Pool Closure Matters relating to the proposed winter closure of Colonial Park Pool. Parks and Recreation Director O'Connor presented. He stated because the pool enclosure failed to the point it could no longer be repaired to a level that would ensure the safety of patrons, the City went through the fall and winter season in 2007 without an enclosure. He said staff had replaced the pool heater in June 2008, but the heater was designed only to heat the water up to 86 degrees in an enclosed environment. He said without the enclosure, it was estimated that we needed to double our system to be able to maintain an 86 degree water temperature, regardless of enclosure or no enclosure, so it was decided to move forward to see how things progressed in the winter/spring. P&R Director O'Connor said there were many issues with the existing heater and its functionality in December and through mid-January that impacted their normal operating hours. He said when it was all said and done, the feasibility of keeping Colonial Park Pool open was questionable, primarily because the number of patrons did not justify keeping it open. He said this and other issues were taken into consideration by the Parks Board in reaching its recommendation to close the pool at the end of business on the day before Thanksgiving and reopen once the outside air temperature reached the point to where staff could maintain a water temperature of 80 degrees or greater, with 86 degrees being the optimum temperature. Councilmember Guffey asked if in the future we would need a new pool heater, regardless of results of the bond election. P&R Director O'Connor said as he understands it, the subcommittee wants to maintain the existing heater and include a heating system in the proposed indoor pool. Councilmember Guffey asked if there would be a need for a blanket. P&R Director O'Connor said they considered having a wind wall, which last cost estimate was $39,750 and the blanket was $25,000 with an additional $6,400 for staff that would have to come in and pull the blanket off before opening at 5:30 a.m. Councilmember Guffey said he thinks we could probably use another pool heater and a blanket. He said both would pay off and thinks $50,000 is a small price to pay to keep the pool open most of the time and thinks Page 2 of 9 City Council Meeting, September 8, 2008 that if the pool stays heated and there is a blanket, more people would utilize it. Councilmember Cohen pointed out that staff has indicated that another pool heater is not needed. City Manager Ross said in counting the total residents affected during the winter months, according to registration, the number didn't justify spending $30,000 to $40,000, but said staff will move forward on whatever Council thinks is best. P&R Director O'Connor stated that even with a wind wall and pool blanket, staff is hearing from primary revenue users that they will not take their children to the pool or plan events at the pool during the winter months. There was discussion regarding options to use other pool facilities, including the YMCA, Rice University, and Bellaire. P&R Director O'Connor said there are cost factors and pool temperature factors that could prohibit usage of other pools. He said one facility wanted to consider swap usage, but he doesn't think it would be in West U's favor. City Manager Ross explained that the current plan for closing this year is November 26. Councilmember Fry stated that maybe we should consider keeping the pool open until December 31. Mayor asked if a new heater would be necessary. P&R Director explained that it would be necessary in order to guarantee an 86 degree temperature in a non-enclosed pool. Regarding a blanket, P&R Director O'Connor said the biggest problem would be finding staff that can be counted on to be there at 5:00 a.m. and have the physical strength necessary. He said we only have one person on staff at that time in the morning and so additional personnel would have to be hired and trying to find personnel to fill that one-hour a day would be almost impossible. Councilmember Guffey asked about volunteers. P&R Director O'Connor volunteers will pose issues regarding liability. Mayor asked P&R Director to look into contracting with Bellaire for the winter months. Councilmember Guffey said staff should also consider purchasing a blanket and limiting the pool hours. Councilmember Fry said he believes that staff has brought forth the best recommendations possible. He said Council needs to review the options and decide what is best. P&R Director O'Connor confirmed that it is his understanding that staff will look at several different options and will provide those options to the City Manager. Mayor Pro Tern Fry confirmed that there would not be an inflatable pool structure or a wind wall, but consideration will be given to the purchase of a thermal blanket. City Manager said staff could bring forth the request to order the blanket for consideration after the November 4 bond election if it is decided to go that route. Councilmember Cohen confirmed that whether the bond election passes or not doesn't mean that Council will approve purchase of a blanket. P&R Director O'Connor said he would be in favor of doubling the heat capability and being able to heat the water to 84 - 86 degrees as opposed to the pool blanket, primarily due to staffing and operational concerns. Page 3 of 9 City Council Meeting, September 8, 2008 City Manager Ross asked if it was safe to say that staff should not plan to operate the pool in the colder months this winter. Councilmember Fry said we need to first find out the answers to some of the options discussed. Councilmember Fry moved to close the workshop session at 6:15 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich MAYOR KELLY CALLED THE REGULAR MEETING TO ORDER AT 6:30 P.M. IN THE COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE PLEDGE TO THE TEXAS FLAG NOTICE. City Secretary Lenz confirmed the notice of this meeting was duly posted in accordance with the Texas Government Code, Chapter 551, on the 5'h of September 2008 at 11:20 a.m. 4. Public Comments Citizens who wish to address items that are not on the agenda will be permitted to speak to the City Council at the microphone after introducing themselves and giving their address. [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.] Patricia Tubbs, 6642 Sewanee, spoke to Council about a problem she has had for 11 years relating to Code Enforcement. She said her issue is that she takes good care of her property, as well as property next to her that belongs to the City, but people allow their pets to defecate on her property and Code Enforcement has told her that the property next to the road belongs to the City and there isn't anything she can do because the law hasn't been broken. She asked that this matter be looked into and that the City do better and enforcing the City codes. Citizens who wish to address agenda items Citizens who wish to address specific agenda items will be permitted to speak to the City Council at the microphone after introducing themselves and giving their address. Citizens may speak and discuss the November 4, 2008 bond election and city recreational facilities. Fran Oravetz, 4131 Oberlin, spoke to urge Council not to shut down the pool during the winter. He suggested providing wind shields and space heaters and proper maintenance. Linda Driskill, 3837 Coleridge, asked Council to keep the pool open. She said it is a place to keep healthy and there is a group of volunteers that will help from 5:30 a.m. to 8:00 a.m. Frank Driskill, 3837 Coleridge, said he has looked into some of the problems and said the YMCA pool stays open during the winter due to having plastic blankets over the pool and a heater. He said their pool is about 1/3 the size of our pool and their heater is 50 percent bigger. He said he suggested before that we have a spare pump and a spare heater for continuous Page 4 of 9 City Council Meeting, September 8, 2008 service to keep it warm. He said if the equipment works, the pool is swimmable. He said more people would come if the pool was a regular temperature. He said he believes the pool can be operated all year around and with a blanket it can be easily maintained. Jean Verhaar, 2919 Bissonnet, came forward to say that she is an early morning swimmer and has been one for 20 years. She said she bought her house in West U because of the year around swimming and the quality of life here is very important. She said her biggest concern is that this ever happened because we should have been in the 4`h or 5`h year of the replacement bubble and the options now being discussed could have been discussed without interruption to service. She said she hopes Council can figure out a way to keep the pool open. Edward Vesely, 6351 Sewanee, spoke about bond improvements. He said in September 2008, a City Currents article referenced the Wet U survey. He said according to the survey of several years ago, 71.8 percent of the residents said they wanted $0 - $100 per year tax increase. He said in the fall of 2007, it was stated in City Currents that improvements were to cost $300 per year exceeding the survey results, but now it reflects $84 per year. He asked Council to reconcile those differences. He said, furthermore, it was referenced using professional consultants in relation to the bond proposal and asked that the consultants name, what we paid them, and what input they gave us be disclosed. He also quoted a reference that it was believed that Colonial Park would not cost more than a patchwork of repair and requested data supporting that conclusion. He said during Council discussion in workshop, he learned that there were only 150 residents that use the lap pool, which is a minimal number of residents for the amount of money being proposed for this improvement. He said he supported the City's improvements for streets, sidewalks, and street lights as he believes it would benefit all the residents in this City. He said it seems the bond issue represents a huge tangible burden to all the citizens for the benefit of a minority of users. Mr. Vesely further requested a cost benefit analysis as to the citizen's utilizing these services versus the debt burden of all of the citizens of West U. Jean Boehm, 2620 Barbara Lane, spoke to say she has been a resident for 47 years. Her husband will be 90 years old and he needs the pool for exercise during the winter. She said the winters are plenty warm enough to do that. Sue Daily, 4201 Marquette, spoke to say that she has lived in West U for 37 years and noticed signs, one at the Rec Center and one on Colonial Park bulletin boards that show drawings of the proposed pool, which leads her and most people to believe that it's a done deal and so thinks the signs should be removed until it is a done deal and accurate. She said most residents voted for green space where the Rec Center is, but the pictures do not depict green space. She said she doesn't want the citizens of West U thinking the mayor and council approved using City property for political propaganda. City Attorney Petrov stated that the depictions of the proposed Rec Center are legal and accurately depicts what is being proposed. Ms. Daily continued to state that we are proposing spending $13.9 million on the pool, but for the City of our wealth, our police department has one of the lowest starting salaries in just about all of Texas. She said she would like to see more money spent for quality officers and firefighters and equipment and less money spent on facilities that 63% of the citizens don't use. D. C. Toed, 3107 Georgetown, said that he is one of the 5:30 a.m. swimmers and agrees with much of what the past speakers had to say and would miss the pool if it was not open in the Page 5 of 9 City Council Meeting, September 8, 2008 winter, but if can't be, then it can't. He said Council has to keep the big picture in mind and use its judgment. He asked that Council just not respond to squeaky wheels like them and do what they think is best. Frank Griffin, 2807 Plumb, first thanked all the committee members that worked so hard to develop the proposed bond. He said he would encourage Council to keep the facility open and if operated in a more consistent manner, there would be a higher usage. He also said an analysis of a thermal blanket might prove more economical to operate than current analysis shows. He said he would also volunteer his time to help unroll the blanket if necessary. He would also encourage those who would do the design for the pool, should the bond pass, to solicit input from the lap swimmers. He also said that he is upset about his taxes as is the next person, but when he looks at the list of taxing entities, West U taxes are way down the list below so doesn't think we should short ourselves in this community because we are being subject to some significant taxes from elsewhere. Lisa Berman, 16 Annapolis Ct, spoke to say that if people can rely on the pool being open and the pool temperature is such that you can actually swim, people will continue to use it. She said because of the inconsistency and availability the usage was reduced for last year. She said she understands the new heater was put in last year and then found out that the heater selected was meant for an enclosed facility, when the bubble was already passed its lifetime expectancy. She said to have to spend this winter and next winter looking for other options is a little disconcerting and hopes that the pool will stay open. Denise Ruwe, 4246 Lehigh, came forward to say she appreciates the City wanting to give residents a new facility, but thinks it may be one facility too many. She also said if the pool is going to be closed this winter, the Y is a little too small. She said three days a week it is taken up by the master swimmers during prime time, which is an issue. She asked if would we be able to get some kind of reciprocity again with UT. 5. Joint Public Hearings with Zoning and Planning Commission Public Hearings will be held to hear from parties in interest and citizens concerning proposed amendments to the zoning ordinances related to the following variances and special exceptions. Mayor Kelly called the joint public hearing with the Zoning and Planning Commission Z&PC Chair Steven Brown presided. Also in attendance for the Zoning and Planning Commission were Vice Chair Mac McManus, Dick Yehle, Allan Elkowitz, Selby Clark, and Z&PC Counsel Jim Dougherty. Patric Stafshede and Janet Duncan were absent. Chair Brown noted that there were no speakers signed up from the public and no members of the audience raised their hands to speak. He then explained the process for the hearings and subsequent passage of the ordinance amendments. Chair Brown opened the Joint Public Hearing relating to variances at 7:28 p.m. Chair Brown explained that the presentation that will be given by Z&PC Counsel Dougherty will cover both the part that has to do with variances and the part that has to do with special exceptions, but the first hearing is specifically relating to variances and the second hearing will be specific to special exceptions. Page 6 of 9 City Council Meeting, September 8, 2008 Counsel Jim Dougherty explained the two types of approvals for variances, which are approvals "by right" and "by discretionary" and discussed the north Dallas area Vanesko case as an example with issues relating to both variances and special exceptions. After his presentation, Counsel Dougherty explained the two proposals for Council to consider. One is to add a sentence to the variance section of the ordinance to say that a special condition or a hardship that is self created, personal or based only on financial consideration, is not sufficient to support a variance, which will hold the status quo. He also said the same amendment would add a sentence to confirm that the applicant has the burden of proof when they come forward on the hearings. He said the second proposed amendment, which is for special exceptions, is that Council would grant to the Zoning Board of Adjustment the discretion to the prior not conforming status for a structural item that gets built in violation of the zoning ordinance. For the Zoning & Planning Commission, Commissioner Dick Yehle moved to close the public hearing at 7:42 p.m. Commissioner McManus seconded the motion. MOTION PASSED. Ayes: Commissioners Brown, McManus, Yehle, Elkowitz, and Clark Noes: None Absent: Commissioners Patric and Duncan For City Council, Mayor Pro Tern Fry moved to close the joint public hearing. Councilmember Cohen seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich Mayor Pro Tern Fry moved to open the joint public hearing relating to special exceptions for work under permit at 7:42 p.m. Councilmember Cohen seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich P&Z Counsel Dougherty suggested that the slides from the presentation be submitted as exhibits for both proposals. Chair Brown moved that the slides from the presentation be submitted as exhibits for both proposals. With all in favor MOTION PASSED. With no public comments, Mayor Pro Tern Fry moved to close the joint public hearing relating to special exceptions at 7:43 p.m. Councilmember Cohen seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich Z&PC Commissioner moved to adjourn the joint public hearing at 7:44 p.m. Commissioner McManus seconded the motion. MOTION PASSED. Ayes: Commissioners Brown, McManus, Yehle, Elkowitz, and Clark Page 7 of 9 City Council Meeting, September 8, 2008 Noes: None Absent: Commissioners Patric and Duncan 6. 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 the special and regular City Council meeting minutes of August 25, 2008 and approve amended City Council meeting minutes of August 25, 2008. B. Consideration and possible action on a resolution of the City Council of the City of West University Place, Texas, approving the reappointment of Maria Elena Herbst to the Friends of West U Parks, Inc., Board. C. Resolution Accepting Certified Appraisal Roll Consideration and possible action on a resolution acknowledging receipt of appraisal roll, assessor-collector's certificate. Councilmember Cohen moved to approve the Consent Agenda. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich 7. Resolution Recording Vote on Proposed "Not To Exceed Tax Rate" Consideration and possible action on a resolution proposing a tax rate and scheduling public hearings. Finance Director Thomas presented and said staff is recommending that Council adopt the proposed rate that is the highest rate there likely to approve to fund the 2009 budget. He said if Council adopts a lower rate and then wants to adopt a higher one, staff will have to start the entire process over from this point. He said the highest rate that staff recommends Council consider is 36.14 cents per $100, which is slightly under the rollback rate. He said the record vote is to meet the publishing requirements and doesn't bind Council in any way to that rate. So it is being recommended that Council adopts a resolution proposing a tax rate of 36.14 cents for tax year 2008. Councilmember Cohen seconded the motion. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich 6. Receiving of Reports (a) City Council reports (b) City Manager report There were no Council or City Manager reports. Page 8 of 9 City Council Meeting, September 8, 2008 ADJOURNMENT A motion to adjourn the regular session at 7:47 p.m. was made by Councilmember Cohen and seconded by Councilmember Guffey. MOTION PASSED. Ayes: Mayor Kelly, Councilmembers Fry, Cohen, and Guffey Noes: None Absent: Councilmember Talianchich Prepared by: Thelma A. Lenz, City Secretary Date Approved: 4 qvv e- Page 9 of 9