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HomeMy WebLinkAbout071309R CC Min0 The City A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry, Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember of West University Place STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES City Council of the City of West University Place, Texas, met in special and regular sessions Monday, July 13, 2009, in the Municipal Building Council Chambers, 3800 University Boulevard, West University Place, Texas beginning at 4:30 p.m. Council and staff in attendance: Mayor Kelly, Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Human Resources Director Standorf, Police Chief Walker, and Fire Chief Ralls. Notice of the special meeting was duly posted in accordance with the Texas Government Code, Chapter 551. CALL TO ORDER Mayor Kelly called the special meeting to order at 4:40 p.m. Agenda items were as follows. 1. _Board, Committee, Commission Appointments Matters related to the process of appointing members to the various boards, committees, and commissions. Councilmember George Boehme said he wanted this on the agenda to find out what the process will be because the Charter states that we appointment in August, but the practice has been to do it in September. City Manager Ross stated that Council usually does it when practical, but usually it is around August or September. Councilmember Segal stated that the term in the ordinance states that the term is two years starting 9/1 and ending 8/31, but that people serve until terms are up or until successors are appointed. Councilmember Boehme said he has been trying to get more women interested in serving, especially on the statutory boards. Mayor Kelly said interviews will be conducted for everyone, even those currently serving. Councilmember Segal said there needs to be a balance with experience and new people; and, as he understands it, there are no current term limits because all applicants are considered equally. Councilmember Boehme said he wanted to make a point that the statutory boards - the Zoning Board of Adjustment, the Zoning and Planning Commission, and the Building and Standards Commission - only have one female between the three of them and he thinks we need to do a better job at recruiting to better reflect our citizens. City Council Minutes, July 13, 2009 Mayor Pro Tern Fry said the City has been very well represented by the current members and said they have done a very, very good job. Councilmember Boehme said he is not belittling current members, but rather he wants to go on record that he thinks we need to be more assertive in soliciting new members, especially women for the statutory boards. Councilmember Segal said Councils' don't have a history of not appointing women who apply. He said if more women would apply then more women will be appointed. Mayor Kelly said there are many women on other boards, but there has been less of an applicant pool for the statutory boards, which he thinks is due to the time demands. Councilmember Boehme said he doesn't think that has been the case, because in the past 10 years there was a much higher level of diversity than there is today. When asked, Steve Brown, Chair of the Zoning and Planning Commission, stated that he would be delighted to have one or two women on the Commission to provide some balance and a different perspective. Steven Segal asked that a total number of applicants received be provided at the next Council Meeting. After further discussion, Council directed staff to solicit applications via the website, water bills, and the local newspaper media. Council agreed that it is their intention to complete interviews by the end of August and make the appointments at the first meeting in September. 2. City Council Rules of Procedure Matters related to City Council's Rules of Procedure, and other related matters. Mayor Kelly explained how City Council rules and procedures originated and then Council reviewed and discussed proposed changes to the current rules. Councilmember Segal offered suggestions and/or provided comments and Council agreed with the following changes/comments: • Rule 6. Special Meetings. There should be quotations before the "s" in special on the second line and through the second sentence ending with special meetings, so that the last sentence is not part of the Charter. • Rule 8. Preparation of Agenda; Requests. Agrees with changes added by City Manager Ross regarding who is responsible for getting the agenda packets prepared. • Rule 8. Preparation of Agenda; Requests. Define last sentence. Suggested that it be revised to state "The City Manager may place an item on the agenda" • Rule 12. Staff Withdrawal of Items. Had concerns about the City Manager being able to withdraw items from the agenda that might have been put on the agenda by the mayor and/or councilmembers. After discussion, it was decided to leave as is. • Rule 15. Roll Call. Suggested that since we never have a roll call, remove that wording and replace it with "before the meeting the City Secretary shall note the members present and enter their names into the minutes." • Rule 18. Control of Discussion. Replace "eschew" with "avoid". City Council Minutes, July 13, 2009 • Rule 24. Public Participation. Added "Public comments by a speaker relating to a non- agenda item shall be heard after the pledges at the beginning of a meeting. For comments relating to an agenda item, the speaker has the option of speaking during the Public Comment Period or may defer his/her remarks until the subject agenda item is addressed by Council. The Mayor may request a staff report or comments on an agenda item before calling for public comments. • Rule 40: Suspension of Rules. Agrees with Councilmember Guffey that the last sentence "This does not apply to the City' is ambiguous and should be removed. Councilmember Segal requested that a vote be made on the amended Rules at the regular City Council Meeting and moved to suspend the rules for further proceedings at the Regular Meeting. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None In regards to Rule 6, discussion ensued as to the timing of special meetings and using the language "special meetings" versus "workshops" for meetings other than a regular meeting. Mayor Kelly said he feels that a special meeting would be held if something came up in the City and Council needed to meet before the next scheduled regular meeting; whereas, workshops are more like a brainstorming session and no votes are taken. Councilmember Boehme said he recalls a legal reason that the previous city attorney said to call them special meetings rather than workshops. City Attorney Petrov said it could have been because votes had started being taken in those meetings. He also said that as it relates to the Open Meetings Act, the Act doesn't actually say anything about workshops - it is either a meeting or it is not. City Manager Ross pointed out that the Charter says they are special meetings, which are governed by Section 2.09 of the Charter and that there wasn't a similar provision to call them workshops; so, what we ended up doing is having special meetings as workshops. In response to Mayor Pro Tem Fry's concern as to whether the Charter would have to be revised to hold Workshops, City Manager Ross stated that wouldn't be necessary. Councilmember Segal said if the meeting was called special meeting/workshop, it would fit within the parameters. City Attorney Petrov said whether it's called a workshop or not, for purposes of the Open Meetings Act, anytime a quorum gets together and discusses City business, vote or no vote, it's a meeting within the definition of the Act; but, it doesn't mean we can't call it a workshop for the City's purposes and define it in the rules that you won't vote at workshops. Councilmember Segal said he doesn't see anything inconsistent with having a regular meeting, a special meeting, and a special meeting/workshop, because there are times when it might be necessary to have a special meeting and take a vote. City Council Minutes, July 13, 2009 Mayor Kelly confirmed that the consensus is to leave the Rule as is so that Council can have the opportunity to brainstorm items at a special meeting/workshop and then when it gets to the point where a vote is to be made, the item will be brought forth at a regular meeting or a special meeting with time given for the public to speak before action is taken. 3. 2009-2011 City Council Goals Matters related to the City Council's goals, and other related items. Councilmember Boehme commented that he believes goals 1, 2, and 3 are equally important. He then said he would like to add a goal: setting up zoning specifications for the City Center. In reference to an email Councilmember Boehme said the Mayor sent to him about the City Center, Mayor Kelly stated what he was trying to say was that it would be hard to second-guess what a particular developer would want or not want so why would we want to change anything to make it more restrictive and discourage developers. He said let them come to us and tell us what they want and then we will approve or disapprove it. Councilmember Boehme said he understands, but he thinks we should consider instructing staff to set up development standards, such as a Planned Development District (PDD), most conducive to our goals. He said we need to have a starting point that gives developers a finite set of rights to start with that has some attractiveness and said we probably want to start with a set of zoning rules that make sense. He said the rules we have today are antiquated and undesirable. Mayor Pro Tem Fry said he believes that this item should be a goal and thinks we need to encourage development. He said the goal should be to create a program that fosters City Center Development. Councilmember Boehme said the starting point could be taking something to the Zoning and Planning Commission. Councilmember Segal said we want to try to accomplish all the goals, so if we add it to the list, he expects to try and get it done in this two-year period. Regarding the City Center, Zoning and Planning Commission Chair Steve Brown suggested that Council come to grips with what it really wants the City Center to be. He said one way to start the process is to have a workshop with the ZP&C and review some past ideas and go from there. He also suggested stating the objective(s), such as whether we want it to be pedestrian-friendly or neighbor- friendly or whatever. Councilmember Boehme pointed out the owner of the development where the Compass Bank/Roger Martin building is said his preference would have been to rebuild when he bought the property, but didn't because of the current burdensome and cumbersome policies. City Manager Ross revised the goal for this to read: Develop a policy with objectives for the City Center redevelopment. Council agreed with the revised wording. This goal was added as #4. Councilmember Segal had a concern regarding goal #4 (now 45 with the addition of the City Center goal). He said he doesn't think of a sinking fund as paying for annual projects. He said a sinking fund is paying on a pay-as-you-go basis for something that has to be done later. City Council Minutes, July 13, 2009 City Manager Ross explained that this is for capital projects for which we haven't had funding mechanisms. Councilmember Segal said we are trying to fund an expected expense over a period of years. He said if we have to repair something every four years, we should set up a fund to spread it over 4 years; but, if it's an annual expense, you fund it and spend it each year instead of trying to collect more than what we will spend on an annual basis. He said, otherwise, you might as well pay-as-you-go. City Manager Ross said we do need to pay for maintenance as we go and need to set up a mechanism to fund it. For example, he said, you have to remove and replace the sealant in all the joints in the paving to make the pavement last. He said we have been doing this piecemeal because we don't have the funding mechanism to keep up with the paving project. The goal was rewritten to read: Establish a funding mechanism for long-term recurring expenditures. Steven Segal moved to postpone the conclusion of the discussion and vote pertaining to this matter at the regular meeting. Mayor Pro Tem Fry moved to take Agenda Item #5 out of order at this time. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None Mayor Kelly announced that City Council would recess the regular meeting and convene into Executive Session beginning at 5:50 p.m., to deliberate regarding real property in accordance with Section 551.072 of the Texas Government Code. 5. Real Estate Matters related to the 1.0874 acres of City-owned property on Westpark, between Wakeforest Street and Dincans Street. At 6:30 p.m., Councilmember Segal moved to adjourn the Executive Session and reconvene into open session. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None Councilmember Segal moved to suspend the rules and take Item #4 at the end of the regular session. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None Mayor Pro Tem Fry moved to close the special meeting at 6:31 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None City Council Minutes, July 13, 2009 Absent: None REGULAR MEETING: Mayor Kelly called the regular meeting to order at approximately 6:35 p.m. in the Council Chambers. Notice of the regular meeting was duly posted in accordance with the Texas Government Code, Chapter 551. Agenda items were as follows: Boy Scouts Jeremiah Pratt, Troop 211, and Kevin Steinhart, Troop 266, led the Pledge of Allegiance and the Pledge to the Texas Flag. 6. 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.] There were no public comments. 7. 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 June 22, 2009. B. Resolution Appointing Deputy Court Clerks Matters related to a resolution appointing Clyde Mahavier, Susie Forge, and Kim Vega as Deputy Court Clerks. Councilmember Segal moved to remove 7B from the Consent Agenda for discussion. Mayor Pro Tern Fry moved to adopt 7A of the Consent Agenda. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None Councilmember Segal asked for clarification regarding the current positions of the Deputy Court Clerk appointees. City Manager Ross explained that they are all dispatchers and that that all dispatchers are appointed as Deputy Court Clerks so that they can handle certain misdemeanors after hours. City Council Minutes, July 13, 2009 Mayor Pro Tem Fry moved to approve the resolution appointing the Deputy Court Clerks. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None At this time, Council discussed and/or acted on the Rules and Procedures and the Goals that were moved from the special meeting. Councilmember Segal moved to adopt the City Council Rules of Procedures as amended. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None Regarding the Goals, Councilmember Guffey pointed out that on the now Item 5 it should be preventive, not preventative. After further discussion, Council agreed that Goals 1, 2, and 3 are priority, but all the other goals are not in order of priority. Councilmember Segal said he would like to add one more goal: Attain 100 percent compliance with the house numbering ordinance by the end of this Council's term. The goal was added. Mayor Pro Tem Fry moved to adopt the thirteen City Council goals as amended. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None At this time, City Manager Ross pointed out the April 26, 2007 facilities assessment for City Hall / Fire / Police / and Public Works prepared by PGAL that was included in the packet. He said with the pending election, it was not submitted to Council at the time the assessment was completed and said that a workshop will be proposed for the first part of August to discuss this in further detail. 8. Receiving Reports A. West University Place Good Neighbor Team City Manager Ross reminded everyone of the Good Neighbor Team 10th Anniversary Celebration, Friday, September 25th at 1:00 PM in the Community Building Auditorium, 6104 Auden. At 6:55 p.m., Mayor Kelly announced that Council would recess the regular meeting and go into Executive Session to consult with the City Attorney to seek legal advice regarding pending or contemplated litigation in accordance with Section 551.071 of the Texas Government Code. 4. Residential Sprinkler System Matters related to the adoption of the recent legislative bill regarding residential sprinklers. City Council Minutes, July 13, 2009 At 7:25 p.m., Mayor Pro Tern Fry moved to adjourn Executive Session and reconvene into regular session. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None Absent: None With no other business before Council, Mayor Pro Tem Fry moved to adjourn the regular meeting at 7:25 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, and Guffey Noes: None / l Absent: None / J Prepared By: Lenz, City Secretary ~yt UHlt~Fgslt a Date Approved: v \ TE T XAS