HomeMy WebLinkAbout062810R CC MinThe City of West University Place
A Neighborhood City
CITY COUNCIL
Bob Kelly, Mayor
Bob Fry, Councilmember
George Boehme, Councilmember
Steven Segal, Councilmember
Chuck Gulley, 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 regular session on Monday, June
28, 2010, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning
at 5:45 p.m.
SPECIAL WORKSHOP
Agenda items were as follows:
CALL TO ORDER
Mayor Kelly called the meeting to order at 5:54 p.m. Also in attendance were: Mayor Pro Tern Fry,
Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov,
Public Works Director/ACM Peter, and Police Chief Walker. Councilmember Guffey was absent.
1. Comprehensive Noise
Matters related to noise.
Mayor Kelly presented this item and said some residents are complaining that allowing yard work to
begin and 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays is too early. He said he hasn't
received any complaints about how late they are allowed to work or any complaints regarding times
on Sundays.
Councilmember Segal proposed having a future agenda item to discuss not allowing yard services to
use leaf blowers and lawnmowers until 8:00 a.m. and stop at 6:00 p.m. on Mondays through Friday;
10 a.m. to 6:00 p.m. on Saturdays; and noon to 6:00 p.m. on Sundays. He said he wouldn't want to
change anything, though, without first giving the residents an opportunity to speak on the issue and
provide feedback.
Councilmember Boehme said his thought is that changing the Saturday and Sunday hours would
essentially affect those residents who do their own yard work, because those are the days they would
most likely do it and they would want to do it before it gets too hot.
Councilmember Segal reiterated that this is something he would like put on a future agenda for
discussion so that Council can hear from residents as to what they want.
City Manager Ross said staff will need clarification as to whether Council will be considering change
relating to just leaf blowers or all equipment that reaches a certain noise decibel.
Mayor Kelly said this issue was discussed by the prior Council and lawn service representatives
spoke to say that banning leaf blowers would be like imposing a tax on West U because they would
have to raise their rates due to the amount of time it takes to rid the leaves manually.
City Council Minutes, June 28, 2010
Councilmember Segal said his request for an agenda item related solely to the hours leaf blowers can
be used and not attempt to ban use of them.
Mayor Pro Tern Fry asked if there is a Board than can take a look at this. City Manager Ross replied
that the Building and Standards Commission (BSC) looked at it before, but decided to leave it alone.
Bryant Slimp, BSC Chair, spoke to say that the BSC will review this issue again and provide a
recommendation if that is Council's desire.
Councilmember Boehme seconded the request from Councilmember Segal to on a future agenda the
issue regarding the hours a resident or lawn service can use combustible engines.
Mayor Kelly asked that the item be on a future agenda and be broad enough to discuss all related
noise issues.
2. Trees
Matters related to tree protection.
Councilmember Segal presented this item and said that he wanted to discuss protection of trees in
the right-of-way. He said it is his understanding that if an owner of a property wants to cut down a 12
foot diameter tree, they just have to get a permit and pay a fee and can cut down because the tree is
on his property. He said he thinks that the City has an interest that needs to be considered when a
right-of-way tree is involved.
Councilmember Segal said the ordinance language currently reads: "Tree as an impediment to a
proposed use of the subject site. The tree in question causes an unreasonable impediment to use
and enjoyment of property. Any permit issued in this case shall be reviewed by the Urban Forester
and shall require that any replacement trees required by this chapter be planted." He suggested that
the first sentence read: The tree in question causes an unreasonable impediment to use and
enjoyment of property considering alternatives and the City's interest in the tree.
Councilmember Segal said he requests adding the language because there may be occasion where
there is an alternative where the Urban Forester would view as reasonable, which doesn't take out
the tree, and he would like to be sure that there is language that protects the City's interest in that
tree.
Councilmember Boehme said healthy trees should not be cut down.
In regards to Councilmember Segal's inquiry as to the status of the tree ordinance, BSC Chair Bryant
Slimp stated that the BSC stop discussing the issue because the Council at the time didn't seem in
favor of the recommendations.
Mayor Kelly said he would like the BSC to provide Council with all they have and Council will put it to
a vote, with modifications, if necessary.
Councilmember Boehme said he has yet to hear that someone cut down a tree without reason. He
continued to say that the path the BSC was headed on at that time had to do with planting trees in the
median, which most other cities prohibit because they would inevitably create infrastructure damage
as they mature.
Mayor Kelly said as he understood it at that time the tree ordinance was first passed, as he was on
Council then, the emphasis of the ordinance was to protect our nice big beautiful trees and to have
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cost repercussions for those requesting to cut trees down. He said discussions began again because
the old fines of enforcement don't work anymore and we need to come up with a new way of
encouraging people not to cut the trees down. He said we might even want to consider not allowing
them to be cut down at all regardless of how much a resident is willing to pay.
Councilmember Boehme said not allowing them to be cut down at all will be difficult because there
may be language elsewhere in the Code of Ordinances that is in conflict.
City Manager Ross said during the last Council's attempt to revise the ordinance, staff tried to take
the origin of the BSC review and tweak it throughout, but said it got off track and grew into something
more comprehensive. Mayor Pro Tern Fry agreed that it became too complex.
At the end of the discussion, City Manager Ross recommended that that the BSC review its original
recommendations and bring forth recommendations that are more manageable and easier to digest.
Councilmember Segal said he would not like to see a lot of time spent dealing with the private
property issues, but rather those issues pertaining to trees in the right-of-way.
City Manager Ross said staff has always looked at homeowners improvements in the right-of-way as
private improvements that are performed on public property like mowing the grass between the
sidewalk and the curb and pruning trees. He said these things are typically seen as a homeowner's
responsibility unless it becomes a traffic obstruction or code enforcement issue. He said if the City
has to force mow because weeds are too high, etc., a lien is usually placed on the property.
Councilmember Segal asked if the trees in the right-of-ways are on the City's inventory of trees. City
Manager Ross confirmed that they are because they are assets of the City, but they are not capital
assets owned by us.
In response to Councilmember Boehme's question as to who owns the tree in a right-of-way, City
Manager Ross responded that the homeowner does, even though it is on the City's property.
Due to time constraints, discussion ended.
3. Solicitation
Matters related to the regulation of door-to-door soliciting and advertising.
City Attorney Petrov presented and said a couple months back we amended the solicitation
ordinance for a total ban on distribution of door hangers. He said since the passage of the ordinance,
he has been contacted by a commercial company that distributes commercial hangers and he has
been inundated with cases where they profess to support that such a ban is unconstitutional.
City Attorney Petrov said that there are lines of cases that distinguish commercial communications
from other types of communications. He said there are many cases that take the position that
commercial communication is valuable communication and should not be restricted, because it
provides homeowners with information that may be of interest to them and that a government
shouldn't be placing its judgment on what a homeowner should or shouldn't receive.
City Attorney Petrov recommended modeling our ordinance more after our Do Not Knock list so that
we have a Do Not Distribute list for the flyers, although even some of those cases show a problem
with those sorts of lists if they are not updated periodically to reflect when a homeowner moves, etc.
He said there will need to be a way to update the lists and the issue should be addressed in our
ordinance and in respect to the Do Not Knock list, as well.
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Mayor Kelly said we have to decide whether or not we are going to be influenced or intimidated by
this company and change the ordinance or are we going to just say "sue us."
As suggested by Mayor Pro Tem Fry, this item will be discussed with the city attorney at a future
workshop in executive session.
With no further comments, Councilmember Segal moved to adjourn the special workshop at 6:46
p.m. Mayor Pro Tern Fry seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Boehme, Segal
Noes:
None
Absent:
Guffey
REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS)
Agenda items were as follows:
CALL TO ORDER:
Mayor Kelly called the meeting to order at 6:50 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 and Police Chief Ken Walker. Councilmember
Guffey was absent.
Mayor Bob Kelly 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.
4. 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. Speakers are advised that comments
cannot be received on matters which are the subject of a public hearing once the hearing has been
closed.
Henry Stelzig, 4219 Byron, spoke to say that during certain times at Colonial Park the traffic and
parking is extreme on Byron, which makes it hard for him and his neighbors to get in and out of their
driveways. He asked council to consider an ordinance to prevent people from parking on both sides
of the street. City Manager Ross said staff will follow-up with this issue.
Mr. Stelzig also asked what he should do about a big tree in his back yard that was damaged during
Hurricane Ike and is now about to fall over. Councilmember Segal asked Mr. Stelzig to file a request
for a tree permit form with the City and the Forester will come out to examine the tree and issue the
permit at no cost if he finds the tree is damaged.
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
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City Council Minutes, June 28, 2010
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 regular meeting minutes of June 14, 2010.
C.
B. Generator Maintenance Agreement
Matters related to the award of a generator maintenance agreement.
Matters related to the award of a contract for citywide mosquito spraying and municipal
facilities pest control.
Councilmember Boehme moved to approve the Consent Agenda as presented. Mayor Pro Tern Fry
seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Boehme, Segal
Noes:
None
Absent:
Guffey
6. Reports by Council/Staff
No reports.
With no further business before the Council, Mayor Pro Tern Fry moved to adjourn the meeting at
7:00 p.m. Councilmember Segal seconded the motion. MOTION PASSED.
Ayes:
Kelly, Fry, Boehme, Guffey, Segal
Noes:
None
Absent:
None
Meeting Adjourned.
Prepared By:
Thelma A. Lenz, City Secretary
Date Approved:
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