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CITY OF WEST UNIVERSITY PLACE, TEXAS
CITY COUNCIL SPECIAL AND REGULAR SESSION MINUTES
MONDAY, APRIL 14, 2008
MUNICIPAL BUILDING 3800 UNIVERSITY BLVD.
ATTENDANCE
Mavor/Councilmembers:
Mayor Kelly, Council Members Fry, Cohen, Guffey and Talianchich
Citv Staff:
City Manager, City Attorney, Acting City Secretary, Assistant City
Manager/Public Works Director, Fire Chief, IT Manager, Parks and
Recreation Director, and Police Chief
CALL TO ORDER: Mayor Kelly called the Special Meeting to order at 5:00 p.m.
The Mayor publicly announced that a closed executive session would be held. The Closed
Executive Meeting began at 5:00 p.m.
1. Security at City Facilities. Matters related to security at City Facilities. (Ken Walker,
Police Chief)
Closed Executive Session was held under Section 551.076 (Deliberations about security
devices)
The closed executive meeting was adjoumed at 5: 11 p.m.
The Special Meeting reconvened at 5: 11 p.m.
2. City Secretary Candidate Applications. Matters related to applications submitted for
the City Secretary position presented by City Manager, Michael Ross.
Council recommended the City Manager interview the 3 candidates he felt were best
suited for the position of City Secretary and one candidate recommended by
Councilmember Talianchich. After the City Manager interviews the 4 candidates, he will
give his recommendation as to which candidate(s) he believes Council should consider.
Council will then decide as to the manner in which they will proceed in the hiring process
for the City Secretary position.
3. Recreational Facilities. Matters related to the West U Recreation Center, Colonial Park
and Community/Senior Center.
The April 23 Town Hall meeting has been arranged and published in local papers and
notification has been sent in various capacities.
Pictures of the latest proposed renditions of the Parks facilities as well as the previously
discussed floor plans will be displayed in key areas.
Councilmember Guffey would like to see what proposal could be made with only 5
million dollars. Guffey is concerned that he cannot find the support for the current
proposal.
City Council Meeting. April 14. 2008
The following are comments made by Mayor Kelly. The survey is scientific, unbiased,
and untainted and represents what the citizens want. In the final analysis we will not do
anything that the citizens don't want us to do in the bond issue. We should not revert
back and continue to pour money down a black hole of repair. 56% of the citizens said
they will pay some tax increase. We started this process and we should not lose faith in
the process. We are getting public opinion, let's stay with it and not get weak kneed. If
we feel justified that we are either increasing the useful life significantly or replacing, and
we feel comfortable with that, the voters will stay with us and support it. Fifteen years
from now we will be judged by what we do just as prior Councils have been judged for
the water lines and sewer lines and streets today. We will have something out there 15 or
16 years from now that can be used for another 40 or 50 years.
Councilmember Talianchich spoke next. The following are some of his comments. In 10
years we will have approximately 1200 new homes in West U. These people who are
moving in are spending a minimum of 1.2 million on new construction. There will be a
different set of criteria of the wants and needs in the next 10 years. These people want
their own backyard pool. I am in no way suggesting we get rid of Colonial Park. I am a
City Councilman and I have to do what I think is right for the people of West U. I want
as much information as possible. I went out and got a commercial contractor just to get
information. I was not asking for a bid, I was asking for some good judgment. The
gentleman went ahead and did a ton of work and actually prepared some bids.
Talianchich also suggested we use the Recreation Center as green space. My
interpretation is 72 % want to spend modestly which is around 3 million. I will do what
the majority want.
Councilmember Cohen stated she agrees with Mayor Kelly and feels very comfortable
trusting in the survey. She commented that one of the reasons people don't use the
facilities now are because they are not that nice, they are not in good condition and not in
good repair and I think if we make them better they will be used. A lot of people are in
favor of something appropriate to the life style of our community.
Councilmember Guffey said he didn't think the survey was really interpreted in terms of
what the survey said.
Councilmember Fry made the following comments: The Recreation Center looks fine to
look at it but it is a disaster. The people don't know that. They only know what they see.
If you explain to them that the building needs to corne down and the reason why, then
you will get a different reading on that survey. There are times when you are going to
save money by doing new rather than re-doing.
Parks Subcommittee Member John Neighbors commented on the focus which needs to be
on what is in the best interest of the community. Other comments were: This community
centers around families. Community involvement is an essential part of West U. You
are only providing for a minority percentage of your citizens. You will never have 100%
of our citizens use the swimming pool, the senior program, any group activity or
community that's going to be utilized by a large majority of the citizens. It's the nature
of our community. The point is the quality aspect of this. Do we want to put a band aid
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City Council Meeting. April 14.2008
on our present facilities and then have to put another band aid on it in 5 years and another
one in 10 years or do we want to do just as the City did with the infrastructure. Let's fix
it right. Let's do it so it will last. Quality is worth every penny you pay for it.
Parks Subcommittee Member J eanine Schueppert commented that it's been a constant
repair issue and our citizens are going elsewhere. She also said if the buildings and the
facilities aren't up to the standards of our community, no one is going to use them.
Parks Subcommittee Member Mardi Turner said we have a small, medium and large -
modest, not quite so modest and very nice option for Colonial Park. We've done that
exercise.
Tim O'Connor, Parks and Recreation Director, spoke concerning the condition of the
pool. He reported that the professionals we use tell us that our mechanical system, the
filtration system and the electrical systems are failing. He also commented that there are
integrity issues with the deck, there is some breeching. From a staff perspective we are
bringing forth the issues we were dealing with at Colonial Park. We were charged with
maximizing the space at the Recreation Center by previous Council. Staff has done this
and staff has done a remarkable job over that last 4 years keeping Colonial Park up and
running.
Adjournment:
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To adjourn the meeting at 6:27 p.m.
Fry
Kelly
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
CALL TO ORDER: Mayor Kelly called the Regular Meeting to order at 6:35 p.m. in the
Council Chambers.
Pledge of Allegiance.
Pledge to the Texas Flag
Notice. The notice for this meeting was posted in accordance with the Texas Government Code,
Chapter 551, on the 11 th day of April 2008 at 10:00 a.m.
Citizens who wish to be heard
Citizens who wish to address agenda items
William Mason - 2840 Jarrard - Fully supports the cell phone ban.
Leo Sacchi - 3768 Rice Blvd. - Believes the Cell Phone Ordinance is a step in the right
direction. It would be preferable to have a uniform state-wide law but in the meantime, this is
the best step. He does not want the Council to cave in to AT&T.
Page 3 of 7
City Council Meeting. April 14. 2008
Carolyn Sacchi - 3768 Rice Blvd. - Stated the safety of our children and pedestrians are of the
utmost importance. She asks Council to stick to their guns and pass the Ordinance.
Robert Wells - 3816 University - Fully supports the Cell Phone Ordinance. He stated that the
New England Journal of Medicine has shown that driving while using a cell phone is as
dangerous as driving up to the legal limit of alcohol consumption.
Allen Emerson - 3027 - Rice Blvd. - Spoke against the Cell Phone Ordinance. He questions the
justification for this ban. He understands the Ordinance comes with good intention but believes
it leads to more problems.
Joe Foster - 3715 Tangley - Stated that living in West U is a privilege and it's becoming an
increasingly expensive privilege as land values go up. He also said he fully supports Council on
their proposal with the Cell Phone Ordinance. He further stated that in the European community,
none of them allow operating cell phones whether hand held or hands free in any of the countries
regardless of whether they are driving through a school zone or not.
Maida Asofsky - 6417 Virginia Court - a resident and is the Houston Regional Director of the
ACLU. She stated that she is expressing her opinion on behalf of herself and on behalf of the
ACLU. The ACLU feels the hands free portion of the cell phone ban gives rise to an
unwarranted intrusion in peoples' privacy. She also stated it will give rise to discretionary stops
and discretionary arrests.
Sonia Perez - non-resident - Vice President of AT&T Houston. She spoke as a mother and as a
representati ve of AT&T. She believes that a state wide law would provide consistency and is the
best way to go about this and if West U is not willing to wait for the State, then allow the use of
hands free devises which will allow a more effective and consistent law.
Frumencio Reyes - non-resident - works in the court system and believes there is a
disproportional representation of clients in the West U courts. He stated he believes this
Ordinance is an infringement on civil rights and would give police a device for racial profiling.
Councilmember Cohen asked John Treet, Principal of West U Elementary if he was in favor of
the Ordinance and he responded that yes he was.
Joe Foster - 3715 Tangley - Spoke for a second time saying that the European community
totally bans all cell phone use in a moving vehicle and another cell phone company larger than
AT&T totally supported the ban and the data is conclusive.
Allen Emerson - 3027 Rice Blvd. - Spoke again and said he does understand the intent comes
with good intentions but he is concerned with civil liberties and how far we can go with these
ideas. He asked where does conversation become distracting. He said it all comes down to
conversation and what is distracting and what is not distracting. He does not think his libelties
should be compromised.
David A. Furlow - 4126 Rice Blvd. - is a parent and a resident of West U and does not think this
Ordinance protects the safety of children in a material way. He is concerned that this Ordinance
Page 4 of 7
City Council Meeting. April 14. 2008
is overbroad. He believes free speech rights are being restricted by this Ordinance and opposes
this Ordinance on 1 st Amendment Grounds.
Robelt Wells - 3816 University spoke a second time stating that a study in the New England
Journal of Medicine showed beyond a shadow of doubt that the level of distraction whether it is
a hand held devise or a hands free devise are the same and just as dangerous.
4. Cell Phone Usage in School Zones. Matters related to cell phone usage in school zones
presented by Chief of Police, Ken Walker.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To Approve Ordinance No. 1868 on the second reading
Fry
Cohen
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
Mayor Kelly recessed the meeting at 7:20 p.m.
Mayor Kelly reconvened the regular meeting at 7:35 p.m.
Steve Brown, Zoning and Plmming Chairman introduced the next few items on the agenda and
thanked the people who work hm'd on the Zoning and Planning Commission and to attorney Jim
Dougherty and finally a special thanks to Debbie Scarcella and Sall ye Clark.
5. Mechanical Equipment in Rear Yards. Matters related to mechanical equipment in
rear yards including Ordinance No. 1869 presented by City Planner, Debbie Scarcella.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To Approve Ordinance No. 1869 on the first reading
Fry
Cohen
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
6. Garages in Side Yards. Matters related to garages in side yards including Ordinance
No. 1870 presented by City Planner, Debbie Scarcella.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To Approve Ordinance No. 1870 on the first reading
Fry
Cohen
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
Page 5 of 7
City Council Meeting, April 14. 2008
7. Building in Rear Yards. Matters related to building in rear yards including Ordinance
No. 1871 presented by City Planner, Debbie Scarcella.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To Approve Ordinance No. 1871 on the first reading
Fry
Guffey
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
8. Old Stock Housing. Matters related to old stock housing including Ordinance No. 1872
presented by City Planner, Debbie Scarcella.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To Approve Ordinance No. 1872 on the first reading
Fry
Talianchich
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
9. Definition of Structures. Matters related to the definition of structures including
Ordinance No. 1873 presented by City Planner, Debbie Scarcella.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To Approve Ordinance No. 1873 on the first reading
Fry
Cohen
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
City Council minutes. Matters related to the minutes of the Regulm' and Special Session
conducted on March 24, 2008.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To approve the minutes
Cohen
Talianchich
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
Council Member Reports.
Council member Cohen apologized to Council member Talianchich for comments made during
the special meeting.
Councilmember Fry thanked Steve Brown and his ZPC committee and Debbie Scarcella for their
work.
Page 6 of7
City Council Meeting, April 14.2008
Councilmember Talianchich requested to conduct a presentation on solar and wind energy as it
relates to West U and the future at the next council meeting. Talianchich asked with Council's
approval, the BSC and ZPC head up the research into that matter. He stated it is quite important
as it relates to the tree ordinance. Councilmember Guffey seconded his request to have this on
the agenda.
Councilmember Guffey requested at the next meeting to have an agenda item on the increase to
the Senior Citizen Exemption on taxes. Councilmember Talianchich seconded the request.
Mayor Kelly reported on the West U Little League Auction and believes they did real well.
City Manager Report.
Michael Ross reported on meeting with CenterPoint Energy on the status of the street lights. At
this time they are about 6 weeks behind and anticipate completion by the middle of May.
Adjonrnment.
Motion:
Made by:
Seconded by:
Action:
Voting Aye:
Voting Nay:
To adjourn the meeting at 7:55 p.m.
Cohen
Guffey
Passed 5-0
Mayor Kelly, Council members Fry, Cohen, Guffey and Talianchich
None
These minutes are excerpts from the Council proceedings. A recording of the meeting is on file
in the City Secretary's office.
Prepared by:
Gayle Schultz, Acting City Secretary
~ :J I! J J-OQY
Date of Approval
Approved:
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