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HomeMy WebLinkAbout012510R CC Min06 L=J' The City A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in a special workshop and regular session Monday, January 25, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 5:00 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 5:00 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorneys Petrov and Golden, Assistant City Manager/Public Works Director Peifer, Parks and Recreation Director O'Connor, Police Chief Walker, and Rex Baxter with Neptune Technology Group 1. Real Automatic Meter Reading Matters related to an automatic meter reading system. Rex Baxter with Neptune Technology Group gave a presentation on their automated meter reader system. 2. Door-to-Door Soliciting and Advertising Matters related to Article I, Sec. 54-8 of the Code of Ordinance regarding the regulation of door-to- door soliciting and advertising. Police Chief Ken Walker and City Attorney Alan Petrov presented. Chief Walker stated the major difference to the ordinance being proposed is that it will require solicitor's to obtain a permit. He said the current ordinance only requires that a solicitor to register and so there are no consequences to violators. He said the idea behind the permit is that if the ordinance is violated, the solicitor's permit can be revoked and they could no longer solicit in the City. In response to Mayor Kelly's question whether the proposed ordinance will past the legal challenge, City Attorney Petrov said, yes; but, he made it clear that it will not stop solicitation completely. He said the ordinance provides for a permit process for commercial solicitation, but the City can't require religious and political door-to-door solicitors to obtain a permit nor require that they register, because it is unconstitutional. of West University Place City Council Minutes, January 25, 2010 City Attorney Petrov asked Council how far it wants to go with charitable and non-profit solicitors, i.e. little league, boy and girl scouts, etc. He said as the proposed ordinance is drafted, the scouts would have to register, but they are exempt from the bonding requirements and some of the other provisions. In regards to Councilmember Boehme's question regarding the absence of criminal background check information in the proposed ordinance, Police Chief Walker stated that the City was told by the Texas Department of Public Safety that we can't use the State's system to perform background checks for people requesting a solicitor's permit. Councilmember Boehme asked would a religious group selling a product be required to get a permit. City Attorney Petrov said if they are selling something as a commercial product, then they would have to have a permit. He said if they are spreading religious news through pamphlets and such, they would not require a permit. 3. Swim Activities at Recreational Facilities Matters related to the scheduling of swim activities at West University Place recreational facilities. Parks and Recreation Tim O'Connor and Recreation Manager Brittany Bakes presented this item. Ms. Bakes stated that there are basically four different seasons for the pool: January through April; May; June, July and August; and fall, which coincides with the September through April session. Councilmember Segal said the proposed schedule provides flexibility, which he appreciates. Mr. O'Connor said the flexibility is very important and recommends that staff is allowed the authority to be flexible whenever necessary. Regarding lap lanes, Mr. O'Connor stated that we are close to 70 hours out of 100 hours of operation per week when lap swimming is available. He said, however, lap swimming is not exclusive to all eight lanes in order to accommodate other user groups. Councilmember Guffey said he objects to the no lap swimming from 4:00 to 7:00 p.m. and suggested a minimum of 2-3 lanes for lap swimming during those hours. Ms. Bakes stated that from 4-7 in May there are 300 swim team kids and so it is almost impossible to devote even one lane to lap swimming. In response to Councilmember Guffey's question as to why this was not a problem at Colonial Park. Ms. Bakes replied that a lot of the programming was at the Recreation Center. City Manager Ross said staff is recommending that Council give staff the flexibility to set the hours at the facilities so that staff won't have to come back to Council continuously to revise the schedule, because it might have to change on a daily basis depending on the circumstances. Councilmember Guffey said he would just like to see from 4:00 pm. - 7:00 pm. "lap lanes unavailable" removed and "minimum 2-3 lanes available" added. Councilmember Boehme said he doesn't think Council needs to micromanage the programming of the pools. He said we hired professional staff and they need to have the flexibility to make adjustments when needed. Councilmember Guffey suggested that it state "lap lanes may be available." City Council Minutes, January 25, 2010 After further discussion, Council directed staff to include in the schedule for 4:00 to 7:00 p.m. that lap lanes may be available. Mayor Pro Tem Fry moved to adjourn the meeting workshop meeting at 6:30 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Guffey, Segal Noes: None Absent: None REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows Mayor Kelly called the meeting to order at 6:35 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, Finance Director Daugherty, Parks and Recreation Director O'Connor, and Police Chief Walker. Mayor Pro Tern Fry led the Pledge of Allegiance and Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the special 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 and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Terri Cramer, 4235 Swarthmore Street, spoke regarding the proposed schedule of fee changes at the Recreation Center. She said she does not object to being charged a fee for the use of the facilities when she reaches age 65 in a few years but pointed out that the complete costs of these debt and operating expenses are included in the tax base. Ms. Cramer also reminded Council that one of the rationales behind the replacement of these facilities was to lower operating expenses. She said it would cost her family less to use the weekly Y on an annual basis than it would cost her as a West U resident to join the facilities here. She said she is interested in understanding how the fee schedule was established and hopes that Council will not vote for it and will consider re-implementing the existing fee structure for the time being. Marcia Gerhardt, 2739 Barbara Lane, spoke to say that she agrees with Mrs. Cramer. Mary Nelson, 6106 Annapolis, spoke regarding the fee structure and said she feels that some seniors won't be able to afford to use the facilities under the proposed fee structure and asked that Council take that into consideration. Russ Schulze, 3518 Rice Boulevard, spoke to say that he serves as chair of the Parks Board and he served on the fee subcommittee. He said he wanted the public to know that when talking about cost recovery, we're talking about the annual operating expenses. He said the committee tried to show the taxpayers that don't use these facilities that Council is making a very reasonable stance in trying to recover a portion of the costs instead of passing the costs on to all the taxpayers who are not using City Council Minutes, January 25, 2010 the facilities. Mr. Schulze said there are many opinions as to what the fees should be and he thinks at this point, because we're so close to opening day, we need to get something on paper and out to the public and it can be reviewed at the end of the season and. He said we need a year of operation under our belt. He said in terms of the overall Parks and Recreation Department income, more money comes in from swim lessons and group activities then what is received from the fees that will be charged to a few people. He urged Council to pass what is being proposed now and change in the future based on further input. Derrill Cleary, 6445 Mercy, spoke to question noise pollution and lawn blowers and asked Council for suggestions on how to notify the public to see how other people feel about restricting lawn blowers and stopping people from blowing things in the sewers that are affecting our water. Gary Cleary, 6445 Mercer, spoke regarding door-to-door solicitation and said he is a strong advocate for solicitors having to apply for a permit so that everyone who strolls through the City can be identified by who they are and what their purpose is for being in the City. Brian Hoogendam, 2738 Talbot Street, spoke regarding the recreation fees and said he wanted to offer a different perspective. He said the way it sits now his children don't seem to be welcome with no open swim time or not being allowed in the gym due to their ages. He said he can appreciate that from a rules standpoint, but being a resident he feels segregated from the Recreation Center and doesn't feel that his family has a financial benefit to even pay to use it. He said this bothers him from a community perspective because he feels like this whole debate is pitting people against each other when they should be fostering a greater sense of community. Mr. Hoogendam said in looking at the numbers, he said $2.50 would allow everyone to enjoy the facilities and they would be pillars of the community not dividers. Pat Kramberg, 2910 Sunset, spoke regarding the visibility triangle ordinance. She said she doesn't disagree with the ordinance and said she complied with removing her plants in violation, but in doing so she expects the City to be consistent in enforcing the ordinance. She said if, in fact, visibility is the issue, she wants it on record that all vehicles should be included in the ordinance as they present a much greater visibility problem than vegetation. She said neglecting to include vehicles in the visibility triangle defeats the purpose of the ordinance and puts children and pedestrians at risk. Lisa Berman, 16 Anapolis Court, spoke regarding swim activities at the Recreation Center and said she appreciates what staff has done so far, but said people who work are limited on availability and said the unavailable times for lap swimming will become an issue. She said also that she finds it interesting that from September to April between 1:00 pm and 4:00 pm lap lanes are unavailable for lap swim due to swim lessons and public swim since most children are in school during those times. Cathy Wright, 3222 Georgetown, spoke about the recreational facilities and said we are getting fewer hours with these facilities. She said she is concerned about the 1:00 pm to 4:00 pm times during the winter months and the pool closings on Saturday and Sunday at 6:30 pm. She said this schedule does not seem like the best that could have been done. 5. Fee Schedule Matters related to the City's Fee Schedule including a report from the Seniors Board and review of proposed changes and consideration of an ordinance on the second of two readings. Mr. Tim O'Connor, City Manager Michael Ross, and Mr. John Neighbors, Senior Board Chair, presented this item. 4 City Council Minutes, January 25, 2010 Mr. O'Connor stated that the recreational fee subcommittee presented a recommended fee schedule to City Council on January 11, 2010, and the following are some concerns residents presented at that meeting: a) Proposed WUPRC and Colonial Pool membership fees were too high, in light of the fact that they are also paying the bond debt. b) Non-resident use should either be restricted, not allowed, or the cost should be significantly higher than the resident membership fees for the Recreation Center. Non- residents are currently excluded from the Colonial Park inaugural season. c) Issue of offering senior citizen discounts or waiving of senior citizen membership fees. d) Lack of specific information regarding "family" use of the WUPRC. Mr. O'Connor said staff responded to the concerns of the residents as follows: a) Staff has provided Council with the expenditure and revenue projections for each of the two new facilities. Staff also provided impact statements for status quo, no membership fees and 50% reduction of resident membership fees. b) Staff agrees that resident use must be given the highest priority. Staff feels that it is important to keep in mind that the City's of Bellaire and Southside Place allow non- resident use of their facilities and for WUP to eliminate that option or to set non-resident use fees at too high a rate could result in a reciprocal response from our adjacent cities (Bellaire and Southside Place). Further consideration should be given to allowing our non-resident program participants use of the fitness amenities at the WUPRC, primarily so the adult parents and caregivers are given an option to use those amenities while their youngsters are participating in leisure/educational programs on site. c) Staff feels it is important for the fact that the City subsidizes Tri-Sports youth sports programs, WUP youth scouting programs, WUP park operations be taken under consideration when establishing fees for our senior residents. d) Staff feels that many of our residents perceive the WUPRC as a "family" facility. While in fact this facility will offer a multitude of inter-generational programs and activities, there are basically three ( 3 ) distinct components of the complex; 1) fitness facility, 2) youth sports facility and 3) recreational and leisure class facility. The fitness facility component is the only one that is being proposed to require paid membership. The four (4 ) basic amenities are an indoor instructional, fitness and competitive swimming pool, racquetball/squash courts, cardio studio and weight room. Obviously all of these amenities, with exception of the swimming pool, are restricted to persons of a certain age. Staff proposes that the age restrictions for use of these amenities be to those ages 12 and older, thereby limiting many WUP families from considering purchasing a "family membership". e) Staff suggests that consideration be given to including year-around use of the WUPRC swimming pool, specifically public swim sessions, within the privileges allowed all Colonial Pool annual membership holders. Mr. O'Connor said that one consideration for City Council could be to adopt the same fee schedule as presented on first reading but give a 50% discount to residents for the membership and walk-in fees at the Recreation Center and Colonial Park during the 2010 inaugural season. He said it would be understood that Staff would report to City Council in the fourth quarter of 2010 on the fees and recommend any necessary changes to Council at that time; otherwise, the approved fee schedule would automatically become the 2011 membership fees. He said if the City experiences crowding issues at the facilities Staff may have to bring the fees back to City Council sooner for discussion. City Council Minutes, January 25, 2010 Regarding seniors fees, Mr. Neighbors said the 13-member Seniors Board voted 11-2 to recommend to Council that the City continue the traditional policy to have all residents over 65 use all facilities at no charge. Mr. O'Connor went over the proposed fee schedule. He said if Council decides to go fourth with the 50 percent reduction, staff recommends not packaging the facilities together now and come forward later with a combined membership. Mayor Kelly said he doesn't want to throw out the work of the Parks Board, staff, and the committee and recommended adopting the proposal as is and looking at it again in December. Councilmember Boehme said that fees are subject to change and thinks it is a mistake to get charged up about what's going to happen in April or September. He said usage will determine things and said he thinks staff's recommendation for the inaugural season is a good start and we need to move forward. Mayor Pro Tern Fry stated there is no free lunch and we are going to pay for this one way or another. He said we have a system and we depend on the Board for input. He said if this is not what we want, then let's give it back to the Board for more work and postpone print, if necessary. Councilmember Segal said he thinks the 50 percent proposal for residents is reasonable and we should let experience be the teacher. Councilmember Guffey said he thinks the committee was provided with good direction and thinks they did a good job. Councilmember Segal confirmed that there will be rules and lifeguards for young children. Councilmember Segal moved to continue West U's policy for senior residents, and include disabled residents under 65 at the West U Recreation Center and Colonial Park. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Councilmember Boehme moved that there be a 50 percent discount for resident membership and walk-in fees during the inaugural 2010 season at the Recreation Center and Colonial Park. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Mayor Kelly moved to approve the second reading of the ordinance as amended. Mayor Pro Tern Bob Fry seconded the motion. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 6 City Council Minutes, January 25, 2010 Councilmember Boehme moved to reconsider the previous motion. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Councilmember Boehme moved to give staff the authority to deviate from the fee schedule for the purpose of facilitating special events, programs and promotions. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Mayor Bob Kelly moved to adopt the fee schedule ordinance as originally proposed and approved on first reading. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 6. Door-to-Door Soliciting and Advertising Matters related to Article I, Sec. 54-8 of the Code of Ordinance regarding the regulation of door-to- door soliciting and advertising and consideration of an ordinance on the first of two readings. Chief Walker presented and stated that the major changes to this ordinance are requiring commercial entities to obtain a permit before soliciting in the City and instituting penalties for enforcement. Councilmember Segal moved to approve on first reading the ordinance amending Chapter 54, Offenses and Miscellaneous Provisions, Article I, in General, Section 54-8 of the Code of Ordinances of the City by repealing Section 54-8, Door to Door Soliciting and Advertising and adopting a new Article VI, thereto related to the regulation of commercial solicitation and advertising and the institution of criminal and civil remedies for enforcement of same. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey 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 January 11, 2010. B. Investment Policy and Investment Strategies Resolution Matters related to a resolution adopting the City of West University Place's Investment Policy and Investment Strategies in accordance with the Public Funds Investment Act. City Council Minutes, January 25, 2010 C. Tennis Court Usage Matters related to a proposed policy and penalties relating to the City's Tennis Courts. D. Tri-Sports Memorandum of Understanding Matters related to the 2010-2011 Memorandum of Understanding between the City of West University Place and Tri-Sports. Councilmember Kelly requested removal of Item A for discussion. Councilmember Segal requested removal of Item D for discussion. Mayor Pro Tem Fry moved to approve Items B and C of the Consent Agenda. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Before discussing Item A and D, Mayor Kelly took Agenda Item 8 for discussion due to several residents waiting to speak on the subject. After discussing Agenda Item 8, Mayor Kelly discussed the reason he pulled the Minutes (7A) for discussion. He said he doesn't want to set a precedent about what happens on a vote, specifically referring to Councilmember Boehme's vote on the fee schedule and the notation that was made in the Minutes that stated even though he voted one way his intent was to vote the other way. Mayor Kelly moved to adopt the Minutes as presented, with the deletion of the notation referencing Councilmember Boehme's vote on the fee schedule, which reads "At a later time, before the meeting adjourned, Councilmember Boehme publicly announced that he would like the record to reflect that even though he voted for the motion, his intent was to vote against it" Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Regarding 7D, Councilmember Segal asked if the $130,000 for the ball field lighting is in the budget. City Manager Ross responded that it is. Councilmember Segal moved to approve the Memorandum of Understanding. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. 8. West University Recreation Center Matters related to variances to City codes for (a) fence heights (and funding), (b) facility signs and (c) roof drains. City Manager Ross presented this item and said staff is requesting the following variances to our standard Codes: City Council Minutes, January 25, 2010 1. Location of the facility monument sign location on Westpoint. Variance for placement proximity in the street ROW as well as location on the building site for solid monument signage of this size. 2. Location of the facility monument sign location on Bellaire for the same reason the same reason as the location on Westpoint. 3. Connection of the facility roof drains to the City's storm sewer system. Variance required for the system whereby both primary and secondary drains are internal. 4. Extend 8-foot privacy wall to 10-foot adjacent to the residential properties on the 4200 block of Ruskin. City Manager Ross said that the residents in the 4200 block of Ruskin, that back up to the Recreation Center, have requested a 10-foot privacy wall instead of the proposed 8-foot wall because they believe this additional height will further mitigate noise from the City's mechanical equipment behind the building. He said the maximum allowable fence height by City code is 8-foot therefore a variance to extend to the 10-foot would be required. City Manager Ross said that the additional funding necessary for this extension is approximately $9,272 and was not included in the budget for the building. City Manager Ross said staff is recommending that City Council approve the above variances and either authorize funding for the $9,272 privacy wall extension to 10-foot, or direct that the residents fund it by February 1, 2010 so the materials may be ordered for delivery. He said otherwise the 8- foot wall will be constructed and that, at this point, the funding should be available in the project budget. Councilmember Segal moved to grant the variance of the City for the facility monument sign location on Westpoint for the placement in the proximity in the street ROW as well as location on the building site for solid monument signage of this size; and, to grant variance for the facility monument sign location on Bellaire for the placement in the proximity in the street ROW as well as location on the building site for solid monument signage of this size; and to grant a variance to connect the facility roof drains to the City's storm sewer system whereby both primary and secondary drains are internal. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None There were comments from the public relating to this Agenda item. Ed Bonura, 4217 Ruskin, spoke to say residents were told that there would be a green space at the rear of the Recreation Center building and that there would be no mechanical equipment at the back of the building and no window. He said the layout shows that there is very little space for green space, there is a window, and mechanical equipment is behind the building. He said the building was suppose to be 35 feet in height, but it is 45 feet and said there will be a lot of light and noise without a 10-foot fence and asked that Council consider providing one. Hope Northrup, 3217 Ruskin, spoke to say that she was told on a number of occasions that there would be limited amount of mechanical equipment and more green space. She said she was also told that there would be a 13-foot fence, but now it is 8 feet. She said she is also concerned about the window that will allow people to look into their homes. She asked Council to please grant the variance to build a taller fence and consider paying for it. City Council Minutes, January 25, 2010 Sheila Dekoyper, 4207 Ruskin, spoke to say that her home is closest to the air condition units and asked Council to do everything it can to reduce noise. She said an 8-foot wall will not do it and asked Council to consider allowing the variance for a 10-foot wall. Peter Cohen, 4201 Ruskin, spoke to say that given there are going to be two entrances to the Recreation Center on Westpoint, he requested the one nearest to his home be designated one-way (in only) and the one closest Bellaire be designated a two-way. He also endorsed his neighbors regarding the noise from traffic and mechanicals and the need for the 10-foot privacy wall. Lisa Watkins, 4220 Ruskin, spoke to say that the noise from construction and future noise when the facility gets up and running will not be mitigated and asked that Council consider a 12-foot privacy wall. Philip Sellers, 4225 Ruskin, spoke to say that he supports the 10-foot privacy wall for others, but prefers 8-foot at his home because he is not right behind the building. He said a couple of his neighbors also do not mind the 8-foot wall. Pat Kramberg, 2910 Sunset, spoke to say there is no question that the City should pay for the privacy wall. There were no more public comments at this time. Mayor Kelly said the comments are persuasive but asked everyone to keep in mind that if this passes we might get to the end of the project and be over budget. Councilmember Segal said it is his understanding that we can pay for it and maybe give up something later, if necessary. He said he thinks it is important as part of this facility to erect the privacy wall. Councilmember Boehme said he is willing to sacrifice a jungle gym or whatever later on because he thinks we need to be good neighbors and so he supports this and thinks we need to approve it. Councilmember Boehme moved to approve the variance to extend the 8-foot privacy wall to 10- foot adjacent to the properties on the 4200 block of Ruskin, but excluding the Seller, Alban, and Bowman properties, and to pay for it with City funds not to exceed $9,272.00 Councilmember Segal seconded the motion. Mayor Pro Tern Fry said he is not going to vote for anything that might take the project over budget. Mayor Kelly reiterated that a vote for this now might mean cutting something out of the project later. Councilmember Guffey said residents need to realize that the noise is bad now, but doesn't think it will necessarily be true in the future. Councilmember Segal said he thinks this is money well spent. At this time a vote was made to the motion. MOTION PASSED. Ayes: Kelly, Boehme, Segal 10 City Council Minutes, January 25, 2010 Noes: Fry, Guffey Absent: None 9. Reports There were no Council or staff reports. With no other business before Council, Mayor Pro Tem Fry moved to adjourn the regular meeting at 8:42 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None rc~ ent: None ned. A. Lenz, City Date Approved: 11