Loading...
HomeMy WebLinkAbout062215 CC MinThe City of West University Place A Neighborhood City CITY COUNCIL STAFF Susan Sample, Mayor Michael Ross, City Manager Bob Kelly, Mayor Pro Tern Alan Petrov, City Attorney Burt Ballanfant, Councilmember Thelma Lenz, City Secretary Brennan Reilly, Councilmember Mardi Turner, Councilmember CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in a special meeting /workshop and regular meeting on Monday, June 22, 2015, in the Municipal Building, 3800 University, West University Place, Texas beginning at 6:00 p.m. SPECIAL MEETING/WORKSHOP (held in the Council Chamber Conference Room at 5:45 p.m.) Agenda Items were as follows: Call to Order. Mayor Sample called the special meeting to order at 6:00 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tern Kelly, Councilmembers Ballanfant, Reilly and Turner, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager /Public Works Director Peifer and Police Chief Walker. 1. Closed Executive Session Matter related to a closed executive session in accordance with Sections 551.074 and 551.071 of the Texas Government Code. At 6:00 p.m. Mayor Sample recessed the special meeting /workshop and convened executive session in accordance with Sections 551.074 and 551.071 of the Texas Government Code. 2. Close Executive Session and Reconvene Special Meeting Matters related to the desired action resulting from discussions held in closed executive session, including approval of any applicable separation agreement with the City Manager. Discuss and take any desired action. At 6:35 p.m., Mayor Sample closed the executive session and at 6:37 p.m., reconvened the special meeting /workshop. 3. Adjourn With no action and no further business to discuss, Mayor Sample closed the special meeting /workshop at 6:38 p.m. REGULAR MEETING (beginning at 6:30 p.m. in the Council Chambers) Agenda items were as follows: City Council Minutes, June 22, 2015 Call to Order. Mayor Sample called the meeting to order at 9:00 a.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tern Kelly, Councilmembers Ballanfant, Reilly and Turner, City Manager Ross, City Secretary Lenz, City Attorney Petrov, and Police Chief Walker were also present. Secretary Lenz confirmed that the Notice of the special meeting /workshop and regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. Barclay Briggs and Jim Briggs with Troop 55 led the Pledge of Allegiance. 4. Public Comments This was an opportunity for citizens to speak to Council relating to agenda and non - agenda items. Dick Yehle, 6401 Rutgers, spoke to say that he was out of town last week and said after listening to the proceedings of last Thursday he was appalled by Council's unexplained actions and the hypocrisy of the methods it used compared to those proposed on the campaign trail about transparency. He asked that Council justify why Michael Ross is being replaced and to explain the value of spending something north of $300,000 to do it. He said in his mind there are only three reasons to fire the city manager: (a) he's not doing his job; (b) he's broken the law; and /or (c) he's committed some sort of unforgiveable indiscretion. He said none of these circumstances seem to be in play, but on the contrary, the six years he served on Council with Michael as city manager, he was always attentive to the public, while showing a willingness to take instructions and to balance the perspectives of individual councilmembers within the will of the council as a whole. Mr. Yehle said as upset as he is about the mistreatment of a good city manager, he is equally concerned about what will come next. He said the cost of Michael's severance and the added cost to replace him is not in the budget and can't be permanently funded by reserves; so, the next order of business will logically be to impose a tax increase unless Council intends to cut city staff or rollback scheduled pay increases that are keeping West U competitive in the personnel market. Mr. Yehle said he wants to know how Council plans to pay for such capricious action without reducing services or increasing taxes. He said if Council listens to its own words, it is not too late to recover from this false start and said they should schedule a meeting to meet with Michael for the next 6 months and if the trial period is unsuccessful, Council can then cite the reasons for its actions and proceed as it is now. Finally, Mr. Yehle asked Council to respect Mayor Sample. He said she is the presiding officer at the meetings and by virtue of her position, and in the absence of any adverse conduct by her, deserves a lot more respect than she's been given. He asked that Council abandon its aggressive legal maneuvers and began conducting this city's business in a more civil and constructive manner. Dee Dee Dochen, 3015 Rice, spoke regarding the proposed ordinance amending Chapter 14 of the Code related to veterinary facilities. She said her dogs and she are clients of the animal clinic currently on Robinhood, which is planning to build a new facility on Kirby between Sunset and Albans. She said from all of her conversations with Dr. Jan Jordan, the owner of the facility, he is an incredible good neighbor and is currently adjacent to residences and a school. She said she knows that he has taken careful, thoughtful steps towards insuring that his new clinic is constructed in a way that demonstrates the highest levels of respect and consideration for neighbors. Cathy Hamill, 6135 Fordham, spoke regarding the proposed ordinance related to veterinary facilities and voiced her support for Dr. Jordan and his new facility. She said Dr. Jordan has been her veterinary for over 10 years and it has been a very quiet and peaceful environment. She said she realizes that there is objection to Dr. Jordan proceeding with his building based on the single - family ordinance that limits families to three dogs and three cats and realizes that the property on 2of14 City Council Minutes, June 22, 2015 Kirby is zoned for commercial purposes. She said she would expect that the neighbors are concerned about barking dogs, but there is already an ordinance that covers barking issues. Ms. Hamill said Dr. Jordan is a very cautious, very careful and very sensitive businessman and very much supports his being able to move ahead with this facility as planned. Eileen Glaser, 4211 Albans, spoke regarding the proposed ordinance related to veterinary facilities and said she has known Dr. Jordan for 30 years and is also a client of his. She said he runs an immaculate, high -class animal hospital where he keeps healthy pets healthy and cares for sick and injured ones. -She said it is a service to West U residents, employees and the Houston community. She said it is not a boarding facility and her personal opinion is that the complaint against the facility doesn't state the difference between a commercial zoned area and residence ordinance and she finds it an embarrassing situation. She said the new hospital is a beautiful, well- designed contemporary structure that is sound proof and it will be professional landscaped and extremely attractive. Ms. Glaser said this structure is in the same category as the new $1,000,000 plus residences that are currently being built and said she is proud to welcome Dr. Jordan and his hospital to the great city of West University Place. Alicia Drewes, 6112 Fordham, spoke regarding the city manager issue and said there were changes needing to be made, which is why this Council was voted in. She said she believes Council is doing the right thing by standing up for what the citizens need by getting rid of the city manager who is not doing what the citizens expect. She said she doesn't know if everything is the city manager's responsibility, but had a list of questions: Why isn't there fair distribution of parkland in West U? Why are there not minimum health standards in the Senior Center kitchen? Why is there a private party held in the Senior Center without fees being charged? Why are non - residents allowed to get free coffee and play tennis free of charge while select West U residents are not afforded the same? Why are West University residents punished for trying to report misdeeds of staff? Why is open green space covered or dug up when a West U survey voted for open green space? Does the city pay for your [city manager] car and the maintenance? 5. West U Rotary Club July 4 'h Parade Matters related to providing assistance to the West U Rotary Club July 4 Parade. Recommended Action: Discuss and take any desired action. Richard Lazear with West U Rotary and Parks and Recreation Director Tim O'Connor presented this item. Mr. O'Connor stated that West U has a long history of being the nucleus of the 4`h of July celebration. He said the parade initiated in 1979, so this will be the 27th year of the Independence Day Bicycle Parade and Public Pool Party, which starts in front of City Hall and concludes at the Colonial Park Pool where there is a free public swim for the duration of the 4`h of July. He said for the past 19 years, West U has partnered with West U Rotary and Mr. Lazear then expanded on that history. Mr. Lazear said 19 years ago he had a float in the parade and they will reprise the float this year to celebrate the Rotary's Club 20 year anniversary. Mr. Lazear said he is looking for musicians to play in the community band. Former Lamar High School Band Director Casey Chitman spoke about the band and said anyone that is interested should come by and said it will be a lot of fun, very patriotic and a service to the community. Councilmember Brennan said he asked Richard and Tim to come and speak because this is the 20`h anniversary of Rotary and there is a desire to perhaps reinvigorate the parade and he would love to see it become a bigger deal for the City. He said a lot of small towns have a fantastic parade and thinks it is a great idea to have the band and some floats. He asked Mr. O'Connor is there anything Council can do to confirm its commitment to the parade? 3of14 City Council Minutes, June 22, 2015 Mr. O'Connor said staff has looked at things over the years and realized that part of the charm of the parade is that it is walking parade and so staff shied away from vehicles, floats and things of that nature from a safety perspective and the fact that it is very doable (about a 30 minute walk from University to Colonial) in the heat of July e. He said, however, staff is receptive to new ideas that might expand it, but he would encourage the fact that the safety of the participants is paramount, especially with having a lot of small children participating. He also said the pool event is maxed out and to grow it beyond West U and Southside Place could be problematic, but members of staff are soldiers and will do what is requested. 6. City Council Orientation and Goal Setting Workshop Matters related to the purpose, procedure and benefit of the City Council orientation and goal setting workshop. Mayor Sample presented and said that City Council will be holding its goal setting meeting on Wednesday, June 24. She said every two years Council does this to set its vision and adopt goals that reflect that vision and to guide decision - making at all levels of City government. She said it gives discreet tasks and bullet points to City staff on what Council wants to get done, to set priorities, direct work activities and to allocate staff and resources. Mayor Sample said there is a full agenda tonight and a lot of the items are more vision related or goals that would be better reviewed and discussed on Wednesday when Council decides what its priorities are, rather than all of City Council trying to put with he /she personally wants on the first two or three agendas. Councilmember Ballanfant and the rest of Council agreed that some of these topics would be better off discussed on Wednesday rather than trying to push them through tonight. 7. Annual Financial Report Matters related to acceptance of the Annual Financial Report. Recommended Action: Accept the Annual Financial Report. Finance Director Daugherty presented and introduced the representative, Ben Cohen, from the City's auditing firm. Mr. Cohen said the City has received a clean opinion, which means that the financial statements were presented fairly and in accordance with the general accepted accounting principles. He then briefly reviewed some of the points in the report. Councilmember Reilly asked whether West U funds its retiree medical liability. Finance Director Daugherty said the City pays -as -it -goes on retiree health benefits, but the City is currently exploring other options. Councilmember Reilly confirmed that no new employees hired since January 2009 are eligible for retiree insurance and that they are not given the option of purchasing employee medical on an employee funded basis. Finance Director Daugherty confirmed those employees would fall under the Cobra rules. Councilmember Reilly had a question about the employee leave policies and said it was unclear to him if the numbers under "length of service" is the maximum amount of leave that an employee can carry over or if it is the actual accrual amount. Finance Director Daugherty confirmed that it is the actual amount that an employee can carry over. Councilmember Reilly said he thinks the word 4of14 City Council Minutes, June 22, 2015 "accrual" as being what can actually be accrued every year and said maximum vacation leave bank would be more descriptive of what it actually is. After Mr. Cohen completed his presentation, Councilmember Turner moved to accept the 2014 Annual Report. Councilmember Ballanfant seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 8. Resolution Adopting Investment Policy Matters related to a resolution adopting the City of West University Place, Texas, Investment Policy and Investment Strategies in accordance with the Public Funds Investment Act; designating an investment officer; and providing for the effective date thereof. Recommended Action: Approve resolution adopting the City's Investment Policy and Investment Strategies in accordance with the Public Funds Investment Act. Finance Director Daugherty presented this item and said this policy is submitted to Council annually. She said the policy provides for what the City can and can't invest in and is conservative and cannot exceed any limitations that are in the Texas Government Code 2256, which is also called the Texas Public Funds Investment Act. She said there have been no changes since last year and staff doesn't anticipate any changes in the near future. Councilmember Reilly spoke to say that he is surprised of the practice of adopting the policy every year. Ms. Daugherty said it is a requirement of Section 2256(e) of the Texas Government Code. City Attorney Petrov said the word "adopt" is little bit of a misnomer and said the Public Funds and Investment Act only requires that Council review the policy every year. Councilmember Reilly said reviewing each year is more appropriate. In response to Councilmember Reilly's question as to whether the City currently has funds in money market accounts, Ms. Daugherty responded that the city doesn't. Councilmember Reilly said the policy list money market accounts as a permissible investment and asked if it would be appropriate to take them out of the policy. Ms. Daugherty said it depends. She said if money markets become okay later, it might be best for the City to have the option to invest in them at that time. Councilmember Reilly said if Council is going to approve something, it has to be something staff whole - heartedly recommends and if staff doesn't recommend money market mutual fund investments, he doesn't want it in the policy. He said at such time staff feels it wants to invest in those type funds then the policy can be amended at that time. Councilmember Reilly recommended revising the policy and. said he would provide Ms. Daugherty his notes and suggestions to amend the Investment Policy so that it more clearly explains the City's processes relating to quarterly reports and money market mutual funds. Councilmember Reilly said he recommends tabling this item until the Finance Director has had time to adjust the policy in order to be consistent with what the City is doing. He said he is also fine with 5of14 City Council Minutes, June 22, 2015 taking no action at this time. He said though council has reviewed it, he doesn't want to vote to approve it when there are still open questions about it. City Attorney Petrov said the resolution states "adopting the Investment Policy" and he suggested that it be amended to say "reviewing the Investment Policy" because the law only requires review of the policy. Councilmember Turner moved that the Council has completed its review of the Investment Policy. Mayor Pro Tem Kelly seconded the policy, with the note that Councilmember Reilly will provide Finance Director Daugherty with his recommendations and Ms. Daugherty will make the changes and bring it back before Council at a later date. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 9. Council Rules of Procedure Matters related to the review and amendment of the Council Rules of Procedure. Recommended Action: Discuss and take any desired action. Councilmember Turner stated that in view of the fact that Council will be meeting on Wednesday, June 24 to discuss Council goals and objectives, she would like to defer most of the items until then. Councilmember Reilly said the agenda for the June 24 meeting is pretty generic and asked if it will cover Council's ability to discuss items and adopt changes to the procedures. Mayor Pro Tem Sample said amending the procedures will take two readings of an ordinance, so an ordinance won't be adopted, but Council could state its goals. Councilmember Reilly recommended that councilmembers review the rules and procedures and provide any amendments. Councilmember Reilly moved to table discussion of the rules and procedures until the June 24 meeting. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 10. City Facilities Master Plan Task Force Matters related to the appointment of a citizen task force to review and recommend changes to the city's Long -Range Facilities Master Plan. Recommended Action: Discuss and take any desired action. Councilmember Turner said during the election it was expressed to ask a group of citizens to look at the Facilities Master Plan that was created and presented at a couple of the last council meetings. She said she and Councilmember Reilly feel that it is still something they would like to do. She said one of the things she asked in this Council's first meeting is when another report from PGAL and was due and was told that it depended on where it fell on Council's objectives. She said as part of the discussions to be held on Wednesday, she would like to include the Master Plan 6of14 City Council Minutes, June 22, 2015 review and how Council is going to constitute an appropriate task force to review the Plan in general, not necessarily rebuild it. Councilmember Reilly said it is very much his goal to have a Citizen Task Force review the Facilities Master Plan and to bring citizen driven objectives to that report as we currently do, for example, the Master Parks Planning reports. He said he would encourage anyone who is interested in serving on a Facilities Master Plan committee to reach out to a member of Council and indicate interests. He said he would like to get it going as soon as possible. Mayor Sample said she would like to table this item because there are a lot of things she would like to get going as soon as possible and so it is something that needs to be worked out on Wednesday, which is to decide what the goals are as a Council, not just one particular person's goal. Councilmember Reilly moved to table this item for further discussion on Wednesday. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 11. Procedure for City Staff Reports to Council Matters related the procedure and content of City staff reports to Council, including public disclosure of reports. Recommended Action: Discuss and take any desired action. Councilmember Reilly said he was not aware the amount of information that staff provides to City Council, including some voluminous weekly staff reports, and so what he would like to do as a Council is discuss how it wants staff information provided to Council. He said he would like to see information provided in a public form so that the public has as much access to the information as he does, to the extent that it is appropriate to be public information. He said it is not unusual for cities to have staff provide the same sort of reporting currently received via email in an open meeting so that Council and the public are hearing it at the same time and in order to give Council and the public an opportunity to ask questions and receive answers at the same time. Mayor Sample said, personally, she likes receiving the reports via email. She said she doesn't think it is a bad idea to post them online and thinks people would prefer to view it online. She said the reports are very helpful and detailed and are talking points for Council when out in the community. She said people look to their councilmembers to ask questions and doesn't think the public particularly wants a long council meeting whereby they have to sit and listen to someone talk about a report. Mayor Sample asked Assistant City Manager /Public Works Director Peifer to come forward to discuss the report. Mr. Peifer said typically in his department it takes each division head about 15 to 20 minutes. He said staff likes it internally because it's a source of accountability and it complies with best practices. Councilmember Reilly said he would like regular opportunities for Council to ask questions of staff at least once a month at a council meeting for the benefit of the entire Council being able to provide questions, hear answers and have a real deliberation about what's going on. 7of14 City Council Minutes, June 22, 2015 Mayor Pro Tern Kelly said one of the things he heard on the campaign trail was that there was lack of communication to the public, so Council's goal should be how it wants to handle getting information out to the public. Councilmember Reilly moved to table this item for further consideration on Wednesday. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 12. Future Agenda Items Matters related to future agenda items. Recommended Action. Discuss and take any desired action. Councilmember Reilly moved to move this item to follow what is currently Agenda Item #17. Mayor Pro Tem Kelly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None Discussion of this item followed Item 17. Councilmember Reilly said he suggested this item be added to the Council agenda based on conversations with City Attorney Petrov regarding how other cities set their agendas. He said due to the Open Meetings Act, Council can't talk amongst themselves about items it wants to put on the agenda for upcoming meetings so publishing a future agenda items list gives Council the ability to have those discussions and to seek a second for particular items it would like to discuss at an upcoming meeting. 13. Appointment of an Interim City Manager Matters related to the appointment of an interim city manager and establish an effective date. Recommended Action: Discuss and take any desired action. Mayor Sample spoke to say that it would be premature to appoint a city manager, a public works director or a search firm for a city manager at this time. Mayor Pro Tern Kelly moved to table this item. Councilmember Reilly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 14. Public Works Director Matters related to the approval for City Manager or Interim City Manager to name a Public Works Director. Recommended Action: Discuss and take any desired action. City Manager Ross presented and stated that the Assistant City Manager /Public Works Director Peifer has announced his retirement at the end of year, so the thought was to get the Assistant 8 of 14 City Council Minutes, June 22, 2015 Director of Public Works appointed into the position at some point so that succession could occur while Mr. Peifer is still at the City, if that is Council's desire. Mayor Pro Tern Kelly moved to allow the city manager to make an appointment of a new Public Works Director. After further discussion, with no second on his motion, Mayor Pro Tern Kelly withdrew his motion. Mayor Pro Tern Kelly moved to allow the city manager to make an appointment of a new Public Works Director and that the current Public Works Director be moved to a full -time position of Assistant City Manager at this point, and how it effects the budget will be deferred until September /October. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 15. City Manager Search Matters related to the approval to advertise for request for proposals (RFP) to select an executive search firm to recruit candidates for a City Manager. Recommended Action: Discuss and take any desired action. Councilmember Turner moved to table this item. Mayor Pro Tern Kelly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 16. Amending Chapter 14 of the Code Related to Veterinary Facilities Matters related to the first reading of an ordinance amending the City Code of Ordinances, Chapter 14 (Animals), Article III (Dogs and Cats), defining Veterinary Facilities to board animals while being treated. Recommended Action: Approve ordinance amending Chapter 14 of the City Code relating to veterinary facilities on the first of two reading. Building Official Clay Chew presented this item and said representatives of the Animal Avian Hospital of the Village presented a request to the Building and Standards Commission to amend the Code of Ordinances in order to clarify the ability of a veterinary facility to board animals while being medically treated. He said the property is located in a commercial district and its use is light commercial, which includes offices for ordinary businesses or professional activities use. He said a permit was granted for the construction of the veterinary clinic at 5406 Kirby, which meets current code and zoning requirements. He said staff felt that a veterinary facility providing medically treatment to animals does not meet the definition of a kennel. Mr. Chew said this amendment will allow the veterinary facility to keep and maintain more than three dogs and cats at any time, if they are being medically treated. He said the animals will be required to be maintained within the interior walls of the facility and the area will be air- conditioned and sound proof. He said the BSC heard this request and approved the amendments. At this time, Council heard comments from the public who signed up to speak on this issue. Rick Spencer, 6332 Buffalo Speedway, spoke on behalf of Dr. Jordan. He said a question arose concerning the applicability of certain ordinances to a veterinary clinic and said out of an abundance 9of14 City Council Minutes, June 22, 2015 of caution a more definitive ordinance was proposed for the city that defines more clearly what can and cannot be done at a veterinary facility. He said this program has been vetted through the City Attorney and the Building and Standards Commission and they believe it provides better protection for the citizens of West U. He said it also meets the City's planning requirement for having a good buffer zone between Kirby and the surrounding residential area. Mr. Spencer said it is a state -of- the -art facility, there won't be any noise, there won't be any smells and it fits exactly into what they've tried to do to revitalize Kirby with professional businesses in the neighborhood. In response to Councilmember Ballanfant's question as to how tall the building will be, Mr. Spencer replied that it would be single -story. Councilmember Reilly said the proposed ordinance states that the facility is permitted to keep more than three dogs and three cats if, among other conditions, they are receiving medical treatment. He said if he goes on vacation for a week and the facility keeps his dog, would that be considered medical treatment. Mr. Spencer replied no, because that is kenneling and that is prohibited by statute. He said the facility is not designed to keep animals for a period of time, except to the extent that the pet has to stay overnight to get better. Councilmember Reilly asked Mr. Spencer if the facility at the original location engage in kenneling to which Mr. Spencer replied that it does not. Steve Brown, Chair of the Building and Standards Commission, spoke to say on June 4 this proposed amended ordinance was heard by the BSC for consideration. He said the end product before Council will provide for a viable veterinarian business to be at that location and at the same time will protect the nearby residences very securely. He said under this proposed ordinance, the facility will be subject to very severe restrictions, i.e., if barking is heard beyond property lines, they will be in violation. He said the BSC is trying to do what is good for the City, which is to develop a long dormant building site on Kirby and permit an entrepreneur to make a good business for West U and protect the nearby residences. Mayor Sample said the current ordinance language said it is obviously residential and said the head scratcher to her is that if there will be no overnights stays and not a lot of animals, there is already a big grooming facility is West U that is not only a grooming facility, but it's a world renowned grooming school, so it is full of dogs and violating the City's ordinance; yet, the vet clinic is being singled -out. Mayor Sample said what the BSC has done is great, but the City is already there with the grooming school. Chair Brown said what the BSC is trying to do is make it clear that a veterinary facility can exist in the City's commercial district if it meets certain strict requirements. He said the BSC did not hear about any other facility, but it is true that if this ordinance is adopted, it would be generally applicable to the Commercial District of West University Place. He said like so many other issues, the discussions are keyed by a specific instance that draws attention to it, which has happened in this case. Mayor Sample said she doesn't want this to blow up in the groomer's face as the business has been in West U for over 30 years. 10 of 14 City Council Minutes, June 22, 2015 Councilmember Reilly asked Chair Brown if he thinks under the current ordinances this veterinary facility is prohibited. Chair Brown said he believes that a veterinary facility according to the definition of Light Commercial Use is permitted. Councilmember Reilly said he feels that Section 14 -76 of the ordinance, in reference to dog kennels, is misleading in the title, because dog kennel is defined as "shall be unlawful for any person within the City to keep, establish, maintain or otherwise engage in a dog kennel or a business of a dog kennel. For the purpose of this section a "dog kennel" is defined as any parcel of land premises whereon or wherein four or more dogs over the age of 6 months are kept or maintained for any purpose whatsoever." So, he said, the definition of a dog kennel is a lot broader than what necessarily would be a dog kennel and said it is clearly not just a residential ordinance, so this prohibition on dog kennels is clearly intended to prohibit more than just a homeowner having four dogs — it is intended to prohibit anybody from having four or more dogs. Mr. Spencer spoke to say Section 14 -72 arguably prohibits a veterinary clinic and a bank doesn't want to lend to, and a businessman doesn't want to construct, a facility that can be subject to someone trying to obtain a Temporary Restraining Order to say the facility is prohibited. He said they have crafted a document to make it clear and provide the protections that some of the other broad statutes don't provide. Councilmember Reilly asked what happens if someone complains that the facility is not a veterinary facility, which would strip the exemption under 14 -72, and the BSC finds out the facility has 8 dogs or 12 cats. Chief Building Official Chew said Code Enforcement Officer would investigate, and if it is found that the complaint is true the facility would receive a citation. Councilmember Turner spoke to say that in her mind "maintain more than three dogs and three cats at any time (more than a maximum four total)" could mean 20 or more under that definition. City Attorney Petrov confirmed that Councilmember Turner's interpretation is correct as there is no maximum total. Councilmember Turner asked would there is a walking yard within the facility. Chair Brown responded that there will not be a walking yard within the facility and the idea is that the dogs, cats or anything else there would only be there to receive veterinarian medical treatment. Councilmember Turner said she gets that but is trying to imagine a scenario where her golden retriever was there overnight in the hospital and never got to go outside. She said she doesn't find that to be rational. Dr. Jan Jordan, proposed owner of the new facility at 5406 Kirby Drive, spoke to say there would be animals walked around the facility and there is ample green space and that the pets would be accompanied by a human being. He said they will not be kenneled or kept outside and there will not be more than one animal at a time being walked. Councilmember Turner said her problem with the draft proposal is that it says the pets would be within the interior walls of the facility and they won't be. She said she knows what the intent is but the English isn't working for her. Mr. Spencer said the language in the proposed draft was used to negate the language in the existing ordinance. 11 of 14 City Council Minutes, June 22, 2015 Councilmember Turner suggested that the language be made clearer and more concise on both her points. Chair Brown said Council has several options going forward: (1) approve the proposed ordinance as presented now; (2) propose amendments and send staff back to the drawing board with the City's attorney to come up with another version; and (3) approve what is before them on first reading with an expectation that their suggested amendments will be incorporated at the time of the second reading of the ordinance. City Attorney Petrov confirmed and reiterated the options outlined by Chair Brown. Mayor Sample said she likes the option of approving the ordinance on first reading and draft language according to direction from Council for the second reading. Councilmember Kelly said that Chair Brown and his group does a great job, but he likes the concept where Council doesn't make the changes, but rather send it back to BSC for consideration and amendments. He said there are some valid concerns and it needs to go back to BSC. City Attorney Petrov said the ordinance would not go back to the BSC unless the Council directs it to go back to BSC as a whole. In response to Mayor Sample's question as to how long would it take to come back before Council if it goes back to the BSC, Chair Brown said it would set things back about a month. Councilmember Reilly confirmed with Councilmember Turner that she wants the language amended to allow the dogs to be walked outside or to clearly read that there would be no kenneling outside. Councilmember Turner said the other issue for her is that there is no outside maximum number. She said the way it is currently written leaves it open to Noah's Ark. Dr. Jordan spoke to say that he does not want to be doing a headcount in his facility to decide who needs to stay for hospitalization based on a number. Councilmember Reilly said if he is a neighbor of the facility and interpreted the ordinance as Councilmember Turner did and didn't show up tonight because he thought the ordinance would prohibit the animals from being walked outside and now during the process of this meeting, the animals can be walked outside, he would be upset that is a very significant change. Mayor Kelly agreed with Councilmember Reilly and said that's the reason he has a problem with Council trying to make changes to things that BSC spent a lot of time putting together. Mr. Spencer pointed out that there were two people that showed up to the BSC meeting (one welcomed them to the neighborhood), the nine emails received were against kenneling (not against a veterinarian hospital) and there has been no objection by anyone. He said they have vetted this issue with the Building and Standards Commission, the permit was already issued in March and they are here out of an abundance of caution to be good neighbors. City Manger Ross said Council could pass this on first reading and those that have emailed or showed interest in the topic can be sent an explanatory letter with the new ordinance that will be 12 of 14 City Council Minutes, June 22, 2015 proposed for recommendation and include an invitation to the next meeting for discussion during second reading. Councilmember Reilly said he does not feel comfortable with passing the ordinance on first reading as written. Councilmember Turner said the issue of the maximum number and the issue regarding the "dogs will stay within the interior walls of the facility" clauses will need to be addressed and then she would have no problem passing this on first reading. Win Campbell, 6135 Fordham, spoke to say he has known Dr. Jordan for 18 years, since he has been at the site on Kirby, and he can categorically tell Council that Dr. Jordan will not do anything on that site that any neighbor would ever complain about. He said he has never heard a dog barking or smelled any odor inside his facility, so he can't imagine that anyone would hear or smell anything outside. He said he hopes Council will pass the ordinance on the first reading so that Dr. Jordan can proceed with construction of the facility. Mayor Sample said the issue before Council is not so much the language, but whether Council is willing to pass it on first reading and wordsmith it for consideration and possible adoption on second reading at the July 13, 2015 meeting and let the business go forward or whether Council should wait, wordsmith it and bring it back for first reading on July 13. Councilmember Reilly said he would not vote to pass the ordinance on first reading because Council is not putting the adjacent homeowners on notice of what the change is going to be, so effectively they are going to come to the next meeting and a vote on the change will be approved. He said if they miss this meeting and they don't read about it that will be the first time they will learn that "all inside" has changed and he doesn't feel that is fair to them. Eileen Glaser, 4211 Albans, spoke again to tell Councilmember Reilly that what he is suggesting is that these people don't know the difference between a kennel and a vet hospital. If not, she said he should write them a letter and tell them what the difference is. She said this is frustrating. Councilmember Turner proposed omitting the words "more than a maximum of four total) and replacing "there within the interior walls of the facility" with "there is no kenneling except within the interior walls of the facility." Chair Brown said he believes the proposed changes can be worked out among the Building Official, the City Attorney and Councilmembers Turner and Reilly within the next week or so, which means that a satisfactorily crafted proposal can be drafted before Council at the next meeting. Councilmember Reilly stated that he is still opposed to passing the ordinance tonight on first reading, because he wants to take the neighbors concerns seriously and wants to give them a fair notice of what is being revised. Mayor Kelly moved to approve the ordinance as written on first reading. Councilmember Ballanfant seconded the motion. MOTION FAILED Ayes: Kelly, Ballanfant Noes: Sample, Turner, Reilly Absent: None 13 of 14 City Council Minutes, June 22, 2015 Councilmember Turner moved to approve amending Chapter 14 of the Code on first reading related to Veterinary Facilities with the wording modifications to be drafted over the next three weeks and approved on second reading at the July 13, 2015 meeting. Mayor Sample seconded the motion. MOTION PASSED. Ayes: Sample, Ballanfant, Turner Noes: Kelly, Reilly Absent: None 17. 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 Minutes of June 8, 2015. Ms. Thelma Lenz, City Secretary Mayor Pro Tern Kelly moved to pass the Consent Agenda as presented. Councilmember Turner seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None 18. Adjourn Meeting With no further discussion or action before Council, Councilmember Ballanfant moved to adjourn the meeting at 11:45 a.m. Councilmember Reilly seconded the motion. MOTION PASSED. Ayes: Sample, Kelly, Ballanfant, Reilly, Turner Noes: None Absent: None B ®� o�45T QSr�6�9 A. Lenz, City Secret r Date Approv6d Cto a rFXAS 14 of 14