Loading...
HomeMy WebLinkAbout111609R CC Min®rd 0 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 Place, Texas, met in a special workshop and regular session Monday, November 16, 2009, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:00 p.m. SPECIAL WORKSHOP Agenda items were as follows: CALL TO ORDER Mayor Kelly called the meeting to order at 6:03 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, Segal and Guffey, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, and the City's Commercial Real Estate Broker Marshall Clinkscales. 1. Real Estate Matters related to 1.0874 acres on Westpark, between Wakeforest Street and Dincans Street. Discussion on real estate matters was held in closed executive session in accordance with Section 551.072 in Chapter 551 of the Texas Government Code (discussion about the value or transfer of real property and other real estate matters). Due to a conflict of interest, Councilmember Segal abstained from discussion of this item and left the room. Mayor Kelly called the executive session to order at 6:05 p.m. At 6:42 p.m., Council reconvened into open session and with no action taken, Mayor Pro Tern Fry moved to close the special workshop. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Adjourned REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows: City Council Minutes, November 16, 2009 Mayor Kelly called the regular meeting to order at approximately 6:45 p.m. Councilmember Boehme 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. 2. Star Citizen Awards Anne and John Freeman and Courtney and Scott Archer will be recognized and presented with a Star Citizen Award for their volunteer efforts involving Co-Chairing the 2009 Fathers & Flashlights Urban Camping Event. Parks and Recreation Director O'Connor presented this item and stated that the volunteer efforts of the Freemans and the Archers generated $37,000, which will go to the Friends of West U Parks Fund, Inc., to help fund a 6-year redevelopment plan. He also announced that both the Freemans and the Archers have signed up to co-chair the 2110 Fathers & Flashlights event. Mayor, Council, and staff recognized the Freemans and the Archers for their fundraising efforts and Mayor Kelly presented them with awards. 3. Fireman's Fund Insurance Company's Heritage Grant Program Matters related to the presentation from the Fireman's Fund Insurance Company and the City's acceptance of funds in the amount of $8,885.55. Fire Chief Steve Falls presented and after a short presentation by Fireman's Fund Insurance Company representatives John Meeke and Mickey Cominsky, Mayor Pro Tem Fry moved to approve acceptance of the funds, which was actually $8,888.00. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None 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. There were no public comments. At this time, Mayor Kelly took the Consent Agenda out of order for action. See Consent Agenda for action taken. 4. City Center Redevelopment Matters related to the redevelopment of the Town Center, including consideration and appointment of members to an Ad Hoc Committee. Councilmember Segal and Mayor Pro Tern Fry requested that this item be tabled and set it for the December 14, 2009 Council agenda. 2of6 City Council Minutes, November 16, 2009 5. 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 November 9, 2009. B. Weslayan Street Right-of-Way Matters related to Weslayan right-of-way including the consideration of an ordinance on the second and final reading to abandon a portion of same with the reservation of a utility easement. C. Ordinance Regarding Cell Phone Texting Matters related to an ordinance to the repeal of existing Chapter 46, Article Il, Section 46-55 and adoption of a new Chapter 46, Article II, 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 second and final reading. D. Energy Efficiency Conservation Block Grant Matters related to an Energy Efficiency Conservation Block Grant, including consideration and adoption of a resolution. Councilmember Boehme stated that he had a conflict regarding the Center City item, but the Minutes reflect that he voted aye and it needs to be corrected to show that he abstained from the vote. Mayor Kelly pulled the ordinance regarding cell phone texting for discussion. Mayor Pro Tern Fry moved to approve items B and D on the Consent Agenda. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Councilmember Boehme moved to approve to amend the Minutes to reflect that he abstained from the Center City item and then moved to approve the Minutes as amended. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Guffey Noes: None Absent: None Regarding the cell phone texting ordinance, there was discussion regarding the affirmative defenses. Mayor Kelly said he received an email last week from a citizen that stated that we should include in the ordinance that it is okay to pull over and stop to text. 3 of 6 City Council Minutes, November 16, 2009 City Manager Ross stated that someone could make the case that they were stopped and use the ordinance as an affirmative defense. He said the challenge is that if a motorist stops, moves, stops, moves, etc., an officer might have a hard time determining that incremental movement and have a hard time enforcing the law in that regard. Mayor Kelly said he likes the affirmative defense because it gives our prosecutors and judges some leeway in determining what the stop is. City Attorney Golden said the biggest advantage of having the affirmative defense in place is that it shifts the burden of proof from the City to the violator so that the violator has to prove that he or she did not violate the spirit or intent of the ordinance. Councilmember Boehme said he doesn't like affirmative defenses and thinks they are illogical. He said he is definitely for this ordinance, but doesn't know why we don't just say in the ordinance that it only applies to cars that are moving instead of going through legal gymnastics of the affirmative defense concept. He said non-lawyers should be able to read the ordinance and understand exactly what it means. Mayor Kelly wanted to make it clear that the proposed ordinance amends the existing ordinance to remove the restriction against a hands-free cell phone in a school zone during school zone hours while moving as a result of state legislation. He said that it is also being amended to make texting at any time in a moving vehicle illegal in the City. Mayor Pro Tern Fry moved to approve the ordinance on first reading as presented. Councilmember Guffey seconded the motion. Councilmember Boehme moved to amend Section 46-55 of the Code of Ordinances to read as follows, beginning from (b): (b) A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message while operating a moving vehicle, except for: (1) making a telephone call; (2) as a global positioning or navigation system that is affixed to the vehicle; (3) for obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed; or (4) in a reasonable belief that a person's life or safety is in immediate danger. Councilmember Segal said this amendment would incorporate all of the affirmative defenses into the basic provisions and will shift the burden to the City and he then seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal, Noes: Guffey Absent: None Councilmember Segal verified that the ordinance will be effective immediately and City Attorney Golden confirmed that due to substantial changes to the ordinance, the amended ordinance is being approved on the first of two readings. Mayor Pro Tern Fry moved to approve the ordinance on first reading as amended. Councilmember Boehme seconded the motion. MOTION PASSED. 4of6 City Council Minutes, November 16, 2009 Ayes: Kelly, Fry, Boehme, Segal, Noes: None Absent: None Mayor Kelly went back to the agenda order and took Item 4 at this time. See Item 4 for discussion/action. 6. Westpark Lease Agreement Matters related to 1.0874 acres on Westpark, between Wakeforest Street and Dincans Street, including authorizing staff to enter into a Lease Agreement. City Manager Ross withdrew this item from the agenda. 7. Recreation Center Privacy Wall Matters related City owned property at the southwest end of Community Drive and the desire to include this property in the overall privacy wall construction for the Recreation Center property development. Parks Board Chairman Russ Schulze and Parks and Recreation Director Tim O'Connor presented this item. Mr. Schulze said residents have attended Parks Board meetings to complain about the noise that drifts over from Little Woodrow's on Bellaire, so extending the privacy wall to include this property would help ease the noise for the residents residing in that area. He also said the property could then be used as green space where teams could warm up before a game. Mr. Schulze said for these reasons the Parks Board recommends that the property be incorporated in the overall privacy wall construction. City Manager Ross said the cost is approximately $6,000 and the funds are available. He said the Ruskin residents that abut the recreation center property, the resident directly across the street from this property, and the property owner adjacent to this property, have all been notified. He said the City received only two comments, both of which were positive. Mayor Pro Tern Fry moved to include the property on Community within the fence boundary of the Recreation Center and to approve the approximate costs of $6,000 for construction costs. Councilmember Guffey seconded the motion. Mr. Schulze pointed out that the lot is not dedicated parkland. Councilmember Boehme said the City has gone the extra mile to not ever call this parkland, because we want to keep its possible marketability. City Manager Ross said City Attorney Petrov is comfortable that building a fence around it does not make it parkland. Councilmember Segal said when he was on a previous Council, it was authorized for this property to be sold and one of the intentions was that that the proceeds, which was hoped to be in the $400,000 range, would be used to help buy the two properties adjacent to the entrance west of the park. He indicated that from an email he received from the City Manager there might still be some interest from an adjacent resident to purchase the property and, therefore, he thinks we should wait and at least consider the sell option and what we are giving up to do this. Councilmember Segal said he is not 5of6 City Council Minutes, November 16, 2009 against this, but thinks we haven't considered the alternative and he moved to table the motion, but then withdrew the motion to table in order to continue discussions. Councilmember Guffey said that with it being so hard to get parkland, he doesn't think we should sell the property. Mayor Kelly said the worse that could happen is that we would have to remove the wall if the property is sold. Councilmember Boehme asked what would be wrong with holding this under advisement until the next meeting. He said we might find that the resident isn't interested in paying $400,000 or anything near this amount and then the issue becomes moot. He said he is concerned that if you call it parkland, it becomes parkland; if you use it as parkland it becomes parkland; if you call it dedicated as parkland, it becomes parkland; or if we put a fence around it and we use it as parkland, it will be parkland. City Manager Ross reiterated that legal hasn't agreed with that and Assistant City Attorney Golden stated that the most distinguishing factor is whether it is the intent to permanently make the property a park. He said if the property is just fenced off to protect the property then that in and of itself doesn't make it a park. At this time, a vote was made to the motion by Councilmember Fry and seconded by Guffey to approve the $6,000 to fence off the property. 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 7:27 p.m. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Noes: Absent: Kelly, Fry, Segal, Boehme, Guffey None None A. Lenz, City Secretary Date Approved: 6of6