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HomeMy WebLinkAbout110909R CC Min0 The City of West University Place A Neighborhood City CITY COUNCIL Bob Kelly, Mayor Bob Fry. Councilmember George Boehme, Councilmember Steven Segal, Councilmember Chuck Guffey, Councilmember STAFF Michael Ross, City Manager Alan Petrov, City Attorney Thelma Lenz, City Secretary CITY COUNCIL MEETING MINUTES The City Council of the City of West University session Monday, November 9, 2009, in the University Place, Texas beginning at 6:00 p.m. Place, Texas, met in a special workshop and regular Municipal Building, 3800 University Boulevard, West SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 6:05 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guff ey, City Manager Ross, City Secretary Lenz, City Attorney Josh Golden (arrived at 6:12 p.m.), City Manager/Public Works Director Peifer, Police Chief Walker, and City Planner Scarcella. 1. Cell Phone Texting Matters related to the prohibition of cell phone texting while driving. This item was also on the regular agenda; so, the issue was postponed for discussion/action at the regular meeting. 2. Door-to-Door Soliciting and Advertising Matters related to Article I, Sec. 54-8 of the Code of Ordinance regarding the regulation of door-to- door soliciting and advertising. Chief Walker presented and said under our existing ordinance we do not require solicitors to obtain permits. He said we only require them to register before soliciting, which at such time they receive a copy of the list of the "No Knock" addresses with strict instruction that it is a violation of the ordinance to knock at those addresses. Chief Walker reviewed with Council some of the highlights of current ordinances for the cities of Highland Park, University Park, and North Richland Hills. In comparison to North Richland Hills, Chief Walker said our ordinance is less stringent to one extreme and North Richland Hills goes to the other extreme. In response to Chief Walker's request for Council direction, Councilmember Segal suggested the following: (1) nominal permit fee to allow us to be able to post signs at our borders that read "solicitation requires a permit - apply at Police Department'; (2) indicate time changes when the sun sets later during the winter and it gets dark earlier; (3) include a purpose clause, which reads "this article is and shall be deemed an exercise of the police powers of the state and of the City for the City Council Minutes, November 9, 2009 public safety, comfort, convenience, and protection of the City and the citizens thereof and all of the provisions of this article shall be construed for the accomplishment of that purpose"; (4) prohibit leaving a tag on vacant premises; (5) require permit for curb painting or outlaw it all together; (6) impose violations against the main party listed on the application (i.e. owner/manager of a pizza parlor); and (7) require hanging permiUl.D. badges to wear around their necks. After further discussion, Mayor Pro Tern Fry requested that staff look into strengthening what we have and bring back something appropriate. 3. City Center Redevelopment Matters related to the redevelopment of the Town Center. Councilmember Boehme stated that, though he doesn't own any property in the City Center, he has a restaurant on leased property in the City Center and was advised by the City Attorney to abstain from any discussion/action related to this item. City Manager Ross presented and said this topic is on the Zoning and Planning Commission's meeting agenda this coming Thursday, so he wanted to be sure that members of Council don't have any messages or other avenues to be considered or pursued that they want conveyed to the Zoning and Planning Commission at its meeting. Mayor Kelly said there was some discussion before regarding an Ad Hoc committee. Mayor Pro Tern Fry said he would like to see a committee look into the issue and bring back recommendations to consider. Councilmember Segal said he also thinks a committee is a good idea. Councilmember Guffey said he thinks the committee should look at tax abatements. Mayor Pro Tern Fry informed City Manager Ross that Council is actively considering creating an Ad Hoc committee and asked that he report to the Zoning and Planning Commission that it should table the item on its agenda for now. Mayor Pro Tern Fry moved to adjourn the special workshop meeting at 6:29 p.m. Council Member Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Guffey Noes: None Absent: None Abstained: Boehme REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows: Mayor Kelly called the meeting to order at 6:32 p.m. Councilmember Guffey led the Pledge of Allegiance and the Pledge to the Texas Flag. City Secretary Lenz confirmed that the Notice of the special meeting was duly posted in accordance with the Texas Government Code, Chapter 551. 2of6 City Council Minutes, November 9, 2009 4. 2009 Chevron Houston Marathon Matters related to street closures and restricted parking for the 2000 Chevron Houston Marathon scheduled for January 17, 2010. Parks and Recreation Administrative Manager Susan White presented and introduced Marathon representatives John Stokes and Brant Kotch, Race Director who both thanked Council and staff for supporting the race. After discussion, Councilmember Fry moved to authorize the City Manager to facilitate the necessary street closures, placement of course signage, set-up of a water station for the participants and other event related needs, in support of the 2010 Chevron Houston Marathon. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None Note: Agenda Item 8 was taken out of order and considered at this time. See Agenda Item 8 for related discussion/action. 5. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Patricia Tubbs, 6642 Sewanee, spoke regarding the city ordinance relating to animals. She said there is a problem with people walking and allowing pets to defecate on other people's property and would like the ordinance enforced. Gary McGuire, 6642 Sewanee, also spoke regarding the city ordinance relating to animals and people allowing pets to defecate on their property. He said he and Ms. Tubbs have been proactive in trying to address this matter with neighbors, but things seem to be getting worse and they would like the City's cooperation in addressing the situation. Dick Yehle, 6401 Rutgers, spoke regarding the proposed ordinance relating to Weslayan. He said the City should consider receiving compensation for the right-of-way because if the City was trying to acquire the right-of-way it would have to pay something for it. He also asked council to consider retaining land near the corners of University and Rice for possible widening in the future to facilitate left turns. 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 October 26, 2009. 3 of 6 City Council Minutes, November 9, 2009 B. Matters related to final acceptance of completed work and authorization of final payment for the Completion Contract for Remaining Work in Priority Areas 10 & 11 B including change orders which encompassed citywide sidewalk work. Councilmember Boehme moved to approve the Consent Agenda as presented. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None 7. Weslayan Street Right-of-Way Matters related to Weslayan right-of-way including the consideration of an ordinance on the first of two readings to abandon a portion of same with the reservation of a utility easement. Assistant City Manager/Public Works Director Peifer presented and stated that staff thinks it would be most beneficial to the City to release the 2.5 feet on either side of Weslayan. Councilmember Segal asked if there is consideration for possible turn lanes at Rice and University. Mr. Peifer said between now and second reading he will look at all the adjoining easements and roadways, but said he doesn't think 2.5 feet is going to make a difference. After a brief discussion, Mayor Pro Tem Fry moved to approve the ordinance on the first reading authorizing the execution of a declaration and reservation of utility easement and abandonment of public right-of-way to reserve a two and one-half foot (2.5)' utility easement along the east and west sides of Weslayan Road and to abandon the City right-of-way in the same location. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None 8. Ordinance Regarding Cell Phone Texting Matters related to an ordinance to the repeal of existing Chapter 46, Article II, Section 46-55 and adoption of a new Chapter 46, Article Il, Section 46-55 of the Code of Ordinances of the City relating to the prohibition of cell phone texting while driving; and to consider the ordinance on the first of two readings. City Attorney Petrov arrived around the time this item was considered Chief Walker presented and provided information and statistics from several studies, including one published by the New England Journal of Medicine that showed that the risk of using a cellular phone while driving is a risk similar to the hazard associated with driving with a blood alcohol level at or above the legal limit. Chief Walker said staff is asking Council to amend the ordinance to make texting while driving in West U a traffic offense punishable by a fine. Regarding (c) 6 of Exhibit A to the ordinance, Councilmember Segal questioned the reason for including it because there are other exceptions for global positioning. He also said he is concerned 4of6 City Council Minutes, November 9, 2009 that other than phones there might be other things installed permanently in vehicles that will allow texting as technology moves forward. After discussion, City Attorney Petrov said he has no problem with deleting (c) 6 of Exhibit A. He said the ordinance will have to be tweaked from time to time as technology changes. Councilmember Segal suggested removing exception (c) 6 and if it is found that it is relevant, it can be added back to the ordinance for second reading next week. Councilmember Petrov said Council may want to discuss the time period for implementation. He said the ordinance is drafted to include the standard phrase "effective immediately upon passage and adoption" but said we might want to consider allowing a time period for public education. Mayor Pro Tem Fry suggested leaving it as it is. Councilmember Boehme said he thinks we have entirely too many laws and at first glance this one smells like a feel good law, but he doesn't think this one is. He said texting while driving is not safe and he supports the passage of this ordinance. Mayor Kelly said he hopes that with us following Austin's lead this will become widespread enough to get the legislatures attention and this will be a state-wide rule. Councilmember Segal moved to approve an ordinance of the City Council of the City of West University Place, Texas, amending Chapter 46 Motor Vehicles and Traffic, Article II, certain regulations, Section 46-55, use of communication devices in school areas while driving, of the Code of Ordinances of the City of West University Place, Texas, by repealing existing Section 46-55 and adopting a new Section 46-55, amended to delete section c (6), to be entitled electronic messaging while driving; and containing findings and provisions relating to the subject. Councilmember Boehme seconded the motion. MOTION PASSED. Mayor Pro Tern confirmed that the motion includes removing item c (6) to Exhibit A of the proposed ordinance as recommended by Councilmember Segal. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None 9. Board of Directors of the Harris County Appraisal District Matters related to the Board of Directors of the Harris County Appraisal District including adopting a resolution casting a ballot for the election of a person to the Board. City Manager Ross presented and requested Council's approval of a resolution nominating a candidate to represent the City on the Harris County Appraisal District Board of Directors. . Mayor Pro Tern Fry moved to approve approving a resolution nominating Ed Heathcott as the City's candidate to represent the City on the HCAD Board of Directors. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None 5of6 City Council Minutes, November 9, 2009 10. Ordinance Designating Official Newspaper Matters related to designating the City's official newspaper including adoption of an ordinance. City Manager Ross presented and explained that the City has been with HCN since 2003 and that we were satisfied with the minimal rates we were being charged for advertisements. He said the City was recently notified by HCN of its intent to substantially increase the City's rates, which prompted staff to solicit request for proposals in order to receive more competitive rate. Mr. Ross informed Council that on October 14, 2009, the City received sealed bids and received bids ranging from .35 per word to $6.30 per word, with the two lowest bidders being HCN and Responsive Newspapers, both of which submitted bids of .35 per word. He requested that Council designate one of the two lowest bidders as the official newspaper for the City at the price of .35 per word. In response to Councilmember Guffey's inquiry as to whether we can have two official newspapers, City Attorney Petrov said there is no legal reason why we couldn't. Councilmember Boehme said his feeling has always been that we should go with whoever is the lowest and who complies with the law, but also thinks that we are well served by having two community newspapers and there is certainly a good argument for making both our official newspapers and split the business between them. Mayor Pro Tern Fry moved to approve designating both HCN and Responsive Newspapers as the City's official newspapers and alternate publications. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None With no other business before Council, Mayor Pro Tern Fry moved to adjourn the regular meeting at 7:40 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme, Guffey Noes: None Absent: None 6of6 Date Approved: 111 I (r l 05