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HomeMy WebLinkAbout120913 CC minThe City of West University Place A Neighborhood City CITY COUNCIL Bob Fry, Mayor Susan Sample, Mayor Pro Tern Ed Heathcott, Councilmember Joan Johnson, Councilmember Dick Yehle, 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 regular session on Monday, December 9, 2013, in the Municipal Building, 3800 University, West University Place, Texas beginning at 6:00 p.m. Agenda Items were as follows: Call to Order. Mayor Fry called the meeting to order at 6:02 p.m. in the Conference Room. Council and Staff in attendance were: Mayor Pro Tern Sample, Councilmembers Heathcott, Johnson and Yehle, City Manager Ross, Assistant City Manager /Public Works Director Peifer, City Secretary Lenz and Police Chief Walker. Agenda items were as follows: SPECIAL MEETINGfWORKSHOP At 6:05 p.m., Mayor Fry recessed the Workshop to go into closed Executive Session in accordance with Sections 551.072 (discussion about the value or transfer of real property and other real estate matters), Section 551.071 (consultation with legal counsel to seek or receive legal advice), and Section 551.074 (deliberation concerning the evaluation of an employee) in Section 551, Open Meetings Act, of the Texas Government Code. 1. Westpark Property Lease Agreement Matters related to the City -owned property on Westpark, between Wakeforest Street and Dincans Street. 2. City Manager and City Secretary Evaluations Matters related to the annual evaluations of the City Manager and City Secretary. 3. Reconvene into Special/Workshop Session Matters related to action, if any, relative to discussions held in Executive Sessions regarding the City Manager's and City Secretary's evaluations. At 6:25 p.m., Mayor Fry closed the Executive Session and reconvened the Workshop. The following Action was taken: In regards to Agenda Item (1), Councilmember Dick Yehle moved to approve the lease agreement with Goode Company for the City -owned property on Westpark, between Wakeforest Street and Dincans City Council Minutes, December 9, 2013 Street, for an additional 7 months in the amount $5,400.00 /month from January 1, 2014 to July 1, 2014. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None In regards to Items (2) and (3), Councilmember Yehle moved to approve changing the City Manager's salary to $210,000 /year and the City Secretary's salary to $91,048 /year. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None With no other business to conduct in Workshop, Councilmember Johnson moved to close the Workshop at 6:27 p.m. Councilmember Heathcott seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle Noes: None Absent: None Workshop adjourned. REGULAR MEETING Call to Order. Mayor Fry called the meeting to order at 6:30 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tern Sample, Councilmembers Heathcott, Johnson and Yehle, City Manager Ross, Assistant City Manager /Public Works Director Peifer, City Secretary Lenz and Police Chief Walker. Councilmember Heathcott led the Pledge of Allegiance. Secretary Lenz confirmed that the Notice of the special and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. Agenda items are as follows: 4. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non - agenda items. John Neighbors, 2809 Wroxton Road, spoke on behalf of Senior Services Board (SSB). He said the SSB held its regular meeting on December 4, 2103 and one of the agenda items was the proposed fee the Council is considering for seniors. Mr. Neighbors said after much discussion, a majority of the SSB members present at the meeting, approved the following motion: "The Senior Services Board recommends to City Council the fees paid by seniors for the use of the Recreation Center and Colonial Park Pool be established at a rate of 50 percent of standard fees for seniors 65 and over, with no such fees for seniors over age 75. Further, that a waiver letter with no means testing or demeaning language be available to any senior wishing to use it. " 2of6 City Council Minutes, December 9, 2013 Councilmember Yehle asked Mr. Neighbors if he meant 75 or over" or "over 75 ". Mr. Neighbors said it is at Council's discretion when it drafts the final document. Councilmember Heathcott asked if there was an age limit on the waiver. Mr. Neighbors said the SSB motion deals with seniors over the age of 65, and so the waiver should probably apply to that group, but it is at Council's discretion. Carlos De La Torre, 6700 Belmont Street, spoke to say he is saddened and alarmed about the possible decision Council will make regarding senior fees. He said he is saddened because Council is considering changing a long standing philosophy that the community has towards senior citizens and alarmed by the way things were conducted. Mr. De La Torre said he is concerned not only by the treatment of the fee schedule, but how City Council conducts business addressing major issues that make up the essence of what this community stands for, simply based on comments and complaints of other residents about the special treatment senior citizens have received regarding the fee schedule. He said the concern that he has is that based on those comments, the City might start travelling down a slippery slope that will continue to diminish the emphasis and efforts the City has put to make the community a friendly community for seniors. Frank Griffin, 2807 Plumb, spoke to state his objection to the new fees being proposed for seniors. He said he considers himself very fortunate that he can afford to live in West U, pay the taxes and pay any new fees the City might care to levy, but apparently there are other residents not so fortunate. He said he would like to understand the fundamental motivation for initiating the charges on seniors and understand where this new policy is heading the City. He said for decades West U has had a policy of giving a little break to seniors, but suddenly the generosity seems to be at an end. What accounts for this change of heart? Is West U facing insolvency problems like Detroit? Does Council anticipate a bonanza of new revenue from seniors? Has Council been besieged by residents that old freeloaders pay their fair share, or is this change fundamentally driven by a philosophy that nobody should get a free ride? Mr. Griffin said apart from any charitable considerations, he suggests that Council recognize that seniors are pulling their own weight. He said based on his observation, he thinks older residents serve in disproportionate numbers on the City's boards, committees and volunteer groups; so, in return does it make sense for the City to reward this service by slopping extra fees on these same people? He said it seems to him that one of the richest zip codes in America can afford to carry a few old folks and that if the City can afford to pave new roads, renovate City Hall and free flow the waterfall through the drought, can't it throw a few crumbs to the older people? Mr. Griffin said honoring the City's seniors with a small financial subsidy is definitely not the economic thing to do (but) it's the right thing to do. Linda George Smith, 6646 Community Drive, spoke to suggest having a "pay as you go" option for seniors, as well as all other residents. George Baker, 6448 Community Drive, spoke to say he wanted to share a political scientist point of view about public administration. He said this is a situation in which public policy is moving forward, initiated by rumors. He said there is no substantial data and it is not right for Council to promote public policy without data. Mr. Baker also said that the proposal states that there will be a "no questions" waiver of the fee for seniors, but if he was one of the non - seniors complaining about the intergenerational inequity, he would have the same complaint about the "no questions" fee waiver. He said he has concluded that the Council should not proceed with the proposal and should send it back to the Parks Department and ask staff to come back with data to support the recommendation. Catherine Perry, 4112 Case Street, spoke to say that she has always looked at West U as her home and as a place that is welcoming and compassionate. She said she would really like to see this 3of6 City Council Minutes, December 9, 2013 proposal defeated and urged Council to look at the ambiance of West U and do what it can to keep it a compassionate and welcoming neighborhood place. Aleda Drewes, 6112 Fordham Street, provided a flyer to the City Secretary related to recreational fees for seniors. The flyer was addressed "To Whom It May Concern" and it was not requested by Ms. Drewes that it be recorded in the official records. Therefore, it is not attached to these Minutes. 5. Fee Schedule Matters related to an ordinance adopting the City's revised Fee Schedule, including but not limited to fees related to senior services and green waste. Recommended Action: Approve ordinance on the second and final reading. City Manager Ross presented and said this is the second reading of the ordinance. He said there have been a couple minor adjustments based on conversations between the Parks and Recreation Director and Councilman Yehle, but the primary issue resulting in the postponement was the senior fee discussion. He said as stated by John Neighbors during the public comments portion, the Senior Services Board did meet and it has a recommendation before the Council. He said staff still feels that the 50 percent discount for seniors 65 and over is fair, especially with the proposed waiver. Parks and Recreation Director O'Connor spoke to say that once Council has determined fees for senior residents, staff will adjust the fee schedule to reflect other changes in fees for memberships and walk -ins, including blended couples, individuals, etc. Mr. O'Connor pointed out that on the first page of the fee for the couple's season pass for residents in the amount of $82.50 is incorrect. He said the cost is $110.00, which was established in 2010. He also noted that in the deliberations regarding the fee schedule, after meeting with the Senior Services Board and visiting further with staff, staff is requesting that Council consider continuing allowing free membership to the Colonial Park Pool for residents 65 and over. Councilmember Johnson said she is in support of the motion and said it is important to understand that this not a financial decision, but rather an equity decision. Councilmember Heathcott said he believes that the services provided should be funded by the participants and he is in support of the proposal. Mayor Pro Tern Sample thanked the Senior Services Board. Councilmember Johnson noted that West U is one of the few cities still offering free fees to seniors for recreational facilities. She said someone said that Council doesn't care about senior citizens anymore, but there are four seniors on Council. She said the City does care and it shows by the reductions seniors receive on most all of the City fees, including water, solid waste, pet fees, taxes, etc. Mayor Fry said the demographics in the City are changing and so this will probably come up repeatedly. He said from his standpoint, staff does not bring Council frivolous motions. He said he appreciates all involved in the process and will go along with what Councilmember Yehle and Councilmember Johnson recommend, as they attended the Senior Services Board meetings. Councilmember Johnson moved to accept the recommendation from John Neighbors on behalf of the Senior Services Board, which is 50% fee for ages 65 -74 and free to ages 75 and over, with a waiver anytime with no questions asked. Councilmember Yehle seconded the motion. 4 of 6 City Council Minutes, December 9, 2013 Parks and Recreation Director O'Connor asked that Council also consider including the motion the exception to Colonial Park and maintaining the free membership at Colonial Park Pool for residents ages 65 and over. Councilmember Johnson amended her motion to include free membership at Colonial Park for citizens 65 and over. Councilmember Yehle seconded the motion. Councilmember Yehle stated that the printed copy of the schedule includes a waiver for a resident with disability exemption. He asked if that is understood to be part of the motion. Mr. O'Connor said the motion is specifically for senior fees, because staff's recommendation has always been to maintain exemption for those with a disability. City Manager Ross confirmed that the waiver for residents with disability is part of the motion. A vote was made to the motion and amendment at this time. MOTION PASSED. Ayes: Fry, Heathcott, Johnson, Yehle Noes: Sample Absent: None Rosemary Mullin, 4019 Byron, spoke in regards to people complaining about seniors not doing their share. She said she has been paying taxes and fees since 1982 and so she has funded parks, Colonial Park and the swimming pool, which new residents have not done. She also said it is very important for seniors to have access to the swimming pools for exercising. 6. Consent Anenda 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 Minutes of November 18, 2013 and the December 2, 2013 City Council meetings. B. Appointment of a Medical Director Matters related to the appointment of a medical director and authorizing staff to execute a contract. Recommended Action: Appoint Dr. James McCarthy as the Medical Director and authorize staff to execute a contract in the amount of $1400.00 per month. C. Appointment of Municipal Court Personnel Matters related to a resolution appointing Municipal Court personnel. Recommended Action: Approve resolution. D. 2014 Mowina and Landscapina Contract Matters related to the 2014 Request for Proposals for the mowing and landscaping contract. Recommended Action: Approve RFP. Mayor Pro Tern Sample moved to accept the Consent Agenda as presented. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle 5 of 6 City Council Minutes, December 9, 2013 Noes: None Absent: None 7. Adjourn Meeting With further business, Councilmember Heathcott moved to adjourn the meeting at 7:08 p.m. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcott, Johnson, Yehle y�ST (t1iry Noes: None ��y� Absent: None ti A. Lenz, City Secretary Dat pproved 6 of 6