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Home My WebLink About120709R CC MinW1 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, December 7, 2009, in the University Place, Texas beginning at 5:00 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 5:20 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, 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 5:21 p.m. At 5:40 p.m., Council reconvened into open session and with no action taken, Mayor Pro Tern Fry moved to close the special workshop meeting. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Adjourned REGULAR MEETING (BEGINNING AT 5:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows: City Council Minutes, December 7, 2009 Mayor Kelly called the regular meeting to order at approximately 5:40 p.m. Also in attendance were: Mayor Pro Tern Fry, Councilmembers Boehme, and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, and Police Chief Ken Walker. Mayor Kelly 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. 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. No members of the public signed up to speak. 3. 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 16, 2009. B. Hurricane Ike Insurance Funds Accept funds from Texas Municipal League Insurance for the Hurricane Ike related damage to the Recreation Center, Colonial Park and the Community Center in the amount of $59,449.16. Mayor Pro Tern Fry moved to approve the Consent Agenda as presented. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 4. 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. This item was pulled from the agenda per the City Manager's request. 5. Fee Schedule Matters related to the City of West University Place Fee Schedule for including consideration of an ordinance on the first of two readings. Note: This item was discussed and considered after discussion and consideration of Item 6. City Manager Michael Ross presented and confirmed with Council that this fee increase is only for solid waste. He said the increase is primarily due to the declining sales of recyclable materials. He said the increase equates to a $2.75 and $5.42 increase for seniors and non-senior accounts, respectively. 2of4 City Council Minutes, December 7, 2009 City Manager Ross said higher fuel and personnel costs, coupled with the fluctuating demand for recyclable materials, could result in additional future fee increases. Councilmember Segal moved to adopt the ordinance relating to solid waste fees amending the fee schedule of the Code of Ordinances for the City of West University Place, Texas, and containing findings and provisions relating to the subject, the ordinance increasing the fee schedule as set forth on Appendix A of the ordinance. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 6. 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 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. Police Chief Walker presented and asked for approval on second reading Councilmember Segal moved to modify the ordinance so that Section (b) would read (with the modifications in bold): A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message while operating a motor vehicle in a driving lane, including when stopped, (for example, at a stop sign or traffic light), except for, etc. Councilmember Boehme seconded the motion and discussion ensued. In response to Mayor Kelly's question as to whether the change is significant enough to require having to vote at another Council meeting, City Attorney Petrov said no. Councilmember Boehme said he agrees with the just of the ordinance, but the difficulty is defining it. He said, for example, parents of West U Elementary students are usually stopped in front of the school for up to 10 or 15 minutes. He asked if this would prohibit those parents from texting while they are stopped/parked and waiting for their children. Councilmember Segal said he considered this and it was one of the reasons for including "while in a driving lane." He said with several cars parked in an order off to the side, it wouldn't be considered a driving lane as he interprets it. Mayor Kelly said he likes the change and thinks it is clear in its intent. Councilmember Boehme said he wants the ordinance to be easy enough for a layman to understand, but at the same time be as stringent as is practicable. He said it isn't as easy to understand as he would like, but thinks it is an improvement and will support it. Police Chief Walker said if there was more time, staff could provide better definitions relating to operating a motor vehicle. Councilmember Segal suggested that the ordinance presented tonight be approved and, if necessary, be improved later. 3 of 4 City Council Minutes, December 7, 2009 Police Chief Walker said it is staff's intention not to enforce the ordinance until signage has been erected, which would allow staff to review the definition during that time. He said it may be that there are some conflicting definitions relating to operating a motor vehicle. At this time, a vote was made to the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey With no other business before Council, Mayor Pro Tern Fry moved to adjourn the regular meeting at 7:40 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal, Boehme Noes: None Absent: Guffey 4of4 Date Approved: 2~ " l L6 Y