HomeMy WebLinkAbout030810R CC MinOWMM' The City
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, March 8, 2010, in the Municipal Building, 3800 University Boulevard, West University
Place, Texas beginning at 6:15 p.m.
SPECIAL WORKSHOP
Agenda items were as follows:
CALL TO ORDER
Mayor Kelly called the meeting to order at 6:15 p.m. Also in attendance were: Mayor Pro Tern Fry,
Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, and
Parks and Recreation Director O'Connor.
1. City owned Property at End of Community Drive
Matters related to the potential sale of a six-foot strip of the City owned property to the adjacent
residential property owner.
Mayor Kelly recessed the special workshop meeting and convened into executive session at 6:16
p.m. pursuant to 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).
At 6:33 p.m., Mayor Kelly closed the executive session and reconvened the special workshop
meeting. The following action was taken:
Mayor Pro Tern Fry moved to authorize the City Manager to enter into negotiations to sell the 6 foot
strip at the northern boundary of 6704 Community, with the buyer to pay closing costs, report the sell
to the Harris County Appraisal District, and close before construction of the wall reaches that location.
Councilmember Boehme seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Boehme
Noes: Segal
Absent: Guffey
With no further discussion, Mayor Pro Tern Fry moved to adjourn the special workshop meeting at
6:35 p.m. Councilmember Segal seconded the motion. MOTION PASSED.
of West University Place
Ayes:
Kelly, Fry, Boehme, Segal
Noes:
None
Absent:
Guffey
City Council Minutes, March 8, 2010
REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS)
Agenda items were as follows:
Mayor Kelly called the meeting to order at 6:38 p.m. Also in attendance were: Mayor Pro Tem
Fry, Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, City Attorney
Petrov, Assistant City Manager/Public Works Director Peifer, Police Chief Walker, Parks and
Recreation Director O'Connor, and City Planner Debbie Scarcella. Councilmember Guffey was
absent.
Councilmember Segal led the Pledge of Allegiance and Pledge to the Texas Flag.
City Secretary Lenz confirmed that the Notice of the regular meeting was duly posted in
accordance with the Texas Government Code, Chapter 551.
Before taking public comments, Mayor Kelly requested a motion to recess the regular session and
convene into executive session.
Mayor Pro Tern Fry moved to recess the regular session at 6:39 p.m. and convene into executive
session pursuant to Section 551.071 in Chapter 551 of the Texas Government Code to consult
with the city attorney about complaints relating to Mathews Market.
Mayor Kelly, Mayor Pro Tem Fry, Councilmembers Boehme and Segal, City Manager Ross, City
Secretary Lenz, Assistant City Manager/Public Works Director Peifer, and City Planner Scarcella
were in attendance. Councilmember Guffey was absent.
After discussion, Mayor Pro Tern Fry moved to adjourn the executive session at 7:20 p.m. and
reconvene into regular session. Councilmember Segal seconded the motion. MOTION PASSED.
Ayes: Kelly, Fry, Boehme, Segal
Noes: None
Absent: Guffey
No Action taken and the regular meeting resumed.
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.
Rick Gardner, 3618 Amherst Street, spoke regarding Little Matt's Market. He said he has lived
in his home for 43 years and has never had a complaint about businesses surrounding his property
until now. He said he is speaking to request relief from the noise generated at Little Matt's due to
the large compressor's that run 24 hours a day, five days a week. Mr. Gardner also complained
about the children that play at the business unsupervised in the dangerous area next to the ditch.
He said he and his neighbors have tried to discuss these issues with Mr. Reid on several
occasions, but Mr. Reid was unreceptive and so he is asking Council to follow the City's
ordinances and require Mr. Reid to construct a satisfactory sound abatement wall or to remove the
sources of the noise. Mr. Gardner said he doesn't want to stop progress or put Mr. Reid out of
business, but said he would like to be able to go to sleep at night.
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City Council Minutes, March 8, 2010
Councilmember Boehme told Mr. Gardner that Council is very sympathetic, but unfortunately
Council has to follow the grandfathering laws. He said this is something Council knows it needs to
review for the future. In the meantime, Councilmember Boehme said Council will strictly enforce
the rules currently in place.
Mayor Kelly said Council has spoke with staff and the City Attorney and they are looking at the
different avenues of what can and can't be done about this situation.
City Manager Ross said staff has to work within the laws of the City and said staff will bring
suggestions for improvement to Council where possible. However, usually when we adopt new
ordinances, businesses already in existence are grandfathered, but not all, and so staff is looking
at its options. He said staff met today with Mr. Reid regarding some possible violations, such as
seating in the restaurant, lighting, and parking, as well as the noise.
Councilmember Segal said Council is hopeful that staff has some ideas, which will work to remedy
some of the problems and asked Mr. Gardner to give us a few weeks to go through the appropriate
channels.
Councilmember Boehme told Mr. Gardner that he can be completely confident that Council will
follow-up with staff on this issue and will do what can be done to balance his interest with what the
law allows.
3. Arbor Day and Tree City USA
Matters related to a Proclamation for Arbor Day 2010 and recognition of Tree City USA designation
for 2009.
Assistant City Manager/Public Works Director Peifer presented and said this year in lieu of having
a "Meet the City" Day we will have a tree planting to replace the tree at the intersection of Edloe
and University that was destroyed during Hurricane. He said the planting will take place
immediately after the Easter Egg Hunt on March 27 at approximately 9:15 a.m.
Mr. Peifer also informed Council that this will be the 20th year that the City receives designation as
a Tree City USA.
Councilmember Segal moved to proclaim March 27, 2010 as Arbor Day in West University and to
recognize the City's Tree City USA designation for 2009. Mayor Pro Tem Fry seconded the
motion. MOTION PASSED.
Ayes:
Kelly, Fry, Boehme, Segal
Noes:
None
Absent:
Guffey
4. 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.
• City Council Minutes
Approve City Council meeting minutes of February 22, 2010.
• Water Rate Increase
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City Council Minutes, March 8, 2010
Matters related to the City of Houston's water rate increases, including adoption of an
ordinance.
Parks & Recreation Curfew Hours and Rice Pocket Park
Matters related to changes in the Code of Ordinances relating to Section 58:2, Park and
Playground Hours and relating to Section 58:8, Rice Boulevard "Pocket Park".
Councilmember Segal requested to remove Item 4C from the Consent Agenda.
Mayor Pro Tenn Fry moved to approve the Consent Agenda, excluding Item 4C. Councilmember
Boehme seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Boehme, Segal
Noes:
None
Absent:
Guffey
Parks and Recreation Director O'Connor came forward to speak regarding Item 4C and stated that
Councilmember Segal requested that staff consider an amendment to Section 58-2, Parks and
Playground Curfew, in the Code of Ordinances, to specifically exempt the West University Place
Recreation Center complex from the established "between the hours of 10:00 p.m. and 7:00 a.m."
curfew hours and exempting Colonial Park Pool and Pool House from "between the hours of 10:00
p.m. and 7:00 a.m." established curfew times.
In addition, Mr. O'Connor said upon further review of the existing ordinance, staff recognized that
the Code of Ordinances needed to be updated to include the name change of Milton Street Park to
Huff ington Street Park and to add the Friends Park and Liberty Hill Park to the inventory.
Mr. O'Connor said staff is requesting consideration to exempt the Recreation Center and Colonial
Park from the curfew hours so that staff can conduct programs and activities at those facilities
before the established curfew hours when necessary.
Councilmember Segal said he feels we need to comply with our rules and so he moved to change
58-2(a) to read as follows:
58-2(a)(1): Curfew. A curfew is hereby established each night between the hours of 10:00
p.m. and 7:00 a.m. within the following: Colonial Park, Weir Park, Whitt Johnson Park, Judson
Park, Huffington Park, Liberty Hill Park, Friends Park, and Recreation Center and all other
areas in the city limits hereafter formally dedicated for park purposes, by ordinance duly
adopted in the HISD licensed area.
58-2(a)(2) will read: Exception. The West University Recreation Center may open between
5:00 a.m. and 7:00 a.m. for regularly scheduled indoor activities if authorized to do so by the
Parks Director and the City Manager and approved by the City Council.
After further discussion, it was determined that the requirement for City Council approval in 58-
2(a)(2), should not be included to allow staff the flexibility to handle any exceptions.
Councilmember Segal amended his motion to read as follows:
58-2(a)(1). Curfew. A curfew is hereby established each night between the hours of 10:00
p.m. and 7:00 a.m. within the following: Colonial Park, Weir Park, Whitt Johnson Park,
Judson Park, Huffington Park, Liberty Hill Park, Friends Park, Recreation Center and all
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City Council Minutes, March 8, 2010
other areas in the city limits hereafter formally dedicated for park purposes, by ordinance
duly adopted in the HISD licensed area.
• 58-2(a)(2) Exception. The West University Recreation Center and Colonial Park may open
between the hours of 5:00 a.m. and 7:00 a.m. for regularly scheduled activities if authorized
to do so by the Parks Director and the City Manager.
Councilmember Boehme seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Boehme, Segal
Noes:
None
Absent:
Gulley
Reports by CounciVStaff
A. Texas Municipal Retirement System (TMRS)
Report on TMRS
Councilmember Segal, who is a member of the TMRS Advisory Board, reported that the
investment report for the TMRS Pension Plan shows that the City's funds were credited with a 7.5
percent interest rate as targeted. He said he will be attending his first meeting on March 24 and
will report on that meeting at a future Council meeting. He also reported that TMRS has been
named the Public Section/DB PLANSPSNNOR of the Year and will be recognized at
PLANSPONSOR's annual Awards for Excellence dinner in New York City on March 25, and will
also be featured in the March issue of PLANSPSONOR magazine.
With no further business before the Council, Mayor Pro Tern Fry moved to adjourn the meeting at
7:55 p.m. Councilmember Segal seconded the motion. MOTION PASSED.
Ayes:
Noes:
Absent:
Meeting Adjourned.
Prepared
m
Trxiu►
Kelly, Fry, Boehme, Segal
None
Guffey
A. Lenz, City Secretary
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