HomeMy WebLinkAbout012609R CC Min0 (WON The City of West University Place
A Neighborhood City
CITY COUNCIL STAFF
Bob Kelly, Mayor Michael Ross, City Manager
Bob Fry, Councilmember Alan Petrov, City Attorney
Phyllis Cohen, Councilmember Thelma Lenz, City Secretary
Chuck Guffey, Councilmember
Michael Talianchich, Councilmember
CITY COUNCIL MEETING MINUTES
City Council of the City of West University Place, Texas, met in special session Monday, January 26,
2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas, beginning at
5:30 p.m. to consider the following:
Council and staff in attendance: Mayor Kelly, Mayor Pro Tern Fry, Councilmembers Guffey, Cohen,
and Talianchich, City Manager Ross, City Secretary Lenz, City Planner Scarcella, City Attorney Petrov,
ZPC Chair Brown, Fire Chief Rails, and Police Chief Walker.
MAYOR KELLY CALLED THE SPECIAL MEETING TO ORDER AT 5:30 P.M. IN THE COUNCIL
CONFERENCE ROOM
Special Agenda items were as follows:
1. Fence-like Hedges and Emergency Side-yard Access
Discussion regarding possible ordinance changes relating to fence-like hedges and emergency
side-yard excess.
City Planner Scarcella and ZPC Chair Brown presented this item. Mr. Brown stated that guidance
is sought from Council on this matter because the City does not have a current effective way to
regulate these type hedges without an ordinance and said the issue is protection of the front-yard
setback as a semi-public, highly regulated buffer. He said this issue could be resolved by
adopting some of the concepts in existing ordinances that manage visibility triangles and allow low
fences near townhomes.
After discussion, it was decided that this issue should probably be taken to the public and so Mr.
Brown stated that ZPC will begin the process of bringing this forward to Council and suggested
that when it is time for a joint public hearing special effort be made to contact residents who might
be affected.
2. Amendment to Allow Front Yard Maneuvering Areas on Some Sites
Consideration and possible action to amend the Code of Ordinances to allow front yard
maneuvering areas on some sites.
City Planner Scarcella and ZPC Chair Brown presented this item. Mr. Brown said the primary
issue for this proposed amendment is safety and said the exception would apply only to sites that
are accessible from roadways marked for four lanes or more and will include properties on Buffalo
Speedway.
After discussion, Mr. Brown stated that the ZPC will probably have this item on the February 23,
2009 agenda to request that Council call for a Joint Public Hearing.
City Council Minutes, January 26, 2009
Councilmember Cohen moved to adjourn the special meeting at 6:05 p.m. Mayor Pro Tem Fry
seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
ADJOURNED
REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS)
Regular Agenda items were as follows:
Pledge of Allegiance
Pledge to the Texas Flag
Notice: Matters related to the notice of this meeting. City Secretary Lenz confirmed that the notice of
this meeting was duly posted in accordance with the Texas Government Code, Chapter 551.
3. Public Comments
This is an opportunity for citizens to speak to Council relating to agenda or non-agenda items.
Speakers are required to address Council at the microphone and give their name and address
before addressing their concerns. [Note: State law will not permit the City Council to fully discuss,
debate, or consider items that are not on the agenda. Items that cannot be referred to the City
Staff for action may be placed on the agenda of a future City Council meeting.]
Ed Heathcott, 2929 Arbuckle, spoke positively about the streetlights
Gregg Thompson, 3758 Plumb, came forward to speak about leaf blowers as a resident and as
owner of a landscape company. He said a few years ago when River Oaks were considering
banning leaf blowers from their neighborhood, he and other landscape companies did studies to
show how much extra time it would require on the average home if there were no leaf blowers and,
as a result, they found that the costs were significant enough to where River Oaks didn't ban the
them. Mr. Thompson said he's not exactly sure what changes were made to their ordinance, but
he believes one was the times of the day during the week and on the weekend when they allowed
the use of them. Mr. Thompson suggested that West U Council consider restricting the number of
the blowers that can be going at any one time on a property and maybe also require certain type
models that are quieter and have better emissions.
City Manager Ross will follow-up with Mr. Thompson to try and get the results of the survey as well
as information about the decibels of the leaf blowers that Mr. Thompson's company now uses.
Joe Foster, 3715 Tangley, came forward to speak on leaf blowers. He then read an email he sent
to the Police Chief, City Manager, and Mayor Kelly. He asked City Secretary Lenz to read the
results of a 2000 survey relating to leaf blowers, which she did. (1) Do you use a lawn garden
survey? Yes=210.5; No=236.5; (2) Does your service use gasoline powered leaf blowers?
Yes=313.5; No=205.5; (3) Would you support a voluntary ban on GPLBs? Yes=352; No=172; and
(4) Would you support a mandatory ban on GPLBs? Yes=404.5; No=139.5.
Mr. Foster then commented that the results to ban them entirely were slanted was because the
people that replied on a voluntary ban said they didn't think it would work.
City Council Minutes, January 26, 2009
4. Leaf Blower Noise
Discussion of citizen concerns regarding leaf blower noise and possible referral for further action.
Councilmember Talianchich stated that it is his thought that leaf blowers are noise pollutants and
emission pollutants and that there are other choices such as electric and battery operated leaf
blowers and thinks the gasoline ones are a menace as far as noise goes. He said if Council can't
agree on banning these instruments, then lowering the decibel rating of allowable leaf blowers
should definitely be considered.
Councilmember Cohen stated that she would be very interested in learning about the other
models. She said assuming they are equally effective, she thinks it is important to find out the cost
difference and difference in decibel level and pollutant qualities, which would be helpful before
further evaluation. She said it would also be helpful to know if and where they have been banned
or if not banned, what restrictions have been placed on them and what communities have done in
our area.
Councilmember Guffey said there is definitely a difference between leaf blowers, but doesn't think
the price is that much difference because from what he knows, the workers are charging the same
price to do the yards regardless of the type of leaf blower. He said he believes that the really
cheap ones don't have enough power and so they don't use a muffler on the engine, which we
might want to require they have. He said we might not want to start off banning them, but it might
be a good idea to go ahead and put restrictions so that people have to use quieter ones.
Mayor Kelly said he agrees that more information on the types of leaf blowers, their efficiency and
costs is needed and said he believes that if it the equipment is less efficient it's going to raise the
cost because if it's going to take them longer then they are going to charge you more. He said he
doesn't like leaf blowers, either, but says they help clean up West University Place and wonders
how we would police the decibel levels. He also stated why stop at leaf blowers and why not ban
or limit other noises such as construction work with home builders, lawnmowers, weedeaters, and
so on.
As requested by Council, City Manager Ross will look into the different models, decibel levels,
costs, etc., and will provide Council with the information for review and future consideration.
5. Parking
Discussion of citizen concerns regarding overnight automobile parking and parking across
sidewalks and possible referral for further action.
Dick Yehle spoke and said the issue of clogged streets has come up continuously and that people
are using the street as their permanently parking place. He said the ZPC has gone as far as it can
go in creating off-street parking places and he said an overnight ban will be the most effective and
simplest way to address street parking and people will be encouraged to use their driveways and
garages for the intended purpose.
Mayor Kelly asked Mr. Yehle what would having a ban from 1:00 a.m. to 5:00 a.m. accomplish.
Mr. Yehle said people knowing they won't be able to park in the street overnight, would perhaps
clear their driveways and garages and start using them as places to park their cars. He said he
believes it would lead to less parking in the streets during the day because driveways and garages
would become places where cars would normally be parked.
Mayor Kelly asked if this is something that the ZPC would look into. Mr. Yehle said as a planning
issue maybe, but not as a zoning issue. City Attorney Petrov said it could be somewhat related
because of the planning issue and the idea of making sure the residential lots have sufficient
parking for people if you are going to ban parking from the public streets, but a ban of parking from
City Council Minutes, January 26, 2009
public streets will not fall under the zoning code, but rather the part of the code that regulates the
streets right-of-ways and parking. City Attorney Petrov continued by saying that it would take
Council action independent of the Zoning and Planning Commission to enact something like that,
but Council could definitely seek input from the Commission regarding planning.
Councilmember Cohen said more information is needed so that Council can evaluate the data in
order to make an informed decision.
City Manager Ross said our traffic engineers recently did a study and recommended no further
prohibitions.
After further discussion, City Manager Ross was asked to provide tangible information to Council
for consideration and review, including information from the city manager of Southside Place, as
well as data from the traffic engineers.
6. 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 December 8, 2008, January 12, 2009 and City
Council special meeting minutes of January 5, 2009.
B. Resolution Appointing Friends of West U Parks. Inc., Board Member
Consideration and possible action on a resolution of the City Council of the City of West
University Place, Texas, approving the appointment of Robin McGowan and Julie Foster to
the Friends of West U Parks, Inc., Board.
C. City Secretary Salary
Matters related to City Secretary's salary.
D. Fee Schedule
Matters related to the City's Fee Schedule including review of proposed changes and
consideration of an ordinance on the second and final reading.
Councilmember Fry moved to approve the Consent Agenda. Councilmember Cohen seconded the
motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None
7. Receiving of Reports
The following topics will be reported on and/or discussed by City Council.
A. Veteran's Display in West University Place
Discussion relating to proposed items to be displayed at City Hall in honor of our
veterans.
Steven Segal presented the discussion on behalf of the committee - Ed Heathcott, Art Smith,
Dick Yehle and Council Liaison Chuck Guffey - and explained the origin of this concept was the
helmet Art Smith's father wore as an Air Raid Warden in West U from 1942-1945 whose job it
City Council Minutes, January 26, 2009
was to walk around town to be sure that curtains were drawn and the City was dark. He said
Mr. Smith also manned a wooden tower that was behind the fire station identifying planes that
flew overhead.
Mr. Segal showed some of the memorabilia, including the helmet, an arm band, and an article
about the air raid wardens from a book by John Hamlet called Pigtails and Inkwells - A Story
about Growing Up in West U.
Mr. Segal said the committee proposes that there be a permanent display in the walls of City
Hall that will allow the helmet to be affixed where people can touch it, have a description of what
went on, have the air raid badge, and have the book encased in glass or plexiglass and have it
open to the page where you can read about the air raids.
Councilmember Cohen suggested having a map in the display depicting the location of the
wooden tower.
As requested by Council, City Manager Ross said that staff will put a budget together for a display
case and other expenses to be associated with this project and bring it to Council for consideration
and approval. Mr. Segal said if Council approves the idea and it's publicized, we can see what
develops from there and have a better idea of what type of display will be warranted. After his
presentation, Mr. Segal gave the memorabilia to the City Secretary for safekeeping.
Councilmember Guffey requested the City Manager to do a press release.
8. Executive Session (if necessary)
Council reserves the right to at any time during the session convene in a closed session pursuant
to Chapter 551 of the Texas Government Code, for reasons including but not limited to: Section
551.071 (consultation with legal counsel to seek or receive legal advice or consultation regarding
pending or contemplated litigation); Section 551.072 (discussion about the value or transfer of real
property and other real estate matters; Section 551.074 (personnel matters); 551.076 (deliberation
about security devices); Section 551.087 (deliberation regarding economic development).
9. Convene into Open Session
Take action, if any
10. Adjournment
Councilmember Cohen moved to adjourn the meeting at 7:20 p.m. Mayor Pro Tem Fry seconded
the motion. MOTION PASSED.
Ayes: Kelly, Fry, Guffey, Cohen, and Talianchich
Noes: None
Absent: None a?E~T
0i
Prepared by: `
elma A. Lenz, City Secretary
Date Approved: