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HomeMy WebLinkAbout041408R CC Min 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 Page 2 of 7 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: Page 7 of7