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HomeMy WebLinkAbout080910R CC Min0 The City of West University Place A Neighborhood City CITY COUNCIL STAFF Bob Kelly, Mayor Michael Ross, City Manager Bob Fry, Councilmember Alan Petrov, City Attorney George Boehme, Councilmember Thelma Lenz, City Secretary Steven Segal, Councilmember Chuck Guffey, Councilmember CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in regular session on Monday, August 9, 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 Tem Fry, Councilmembers Boehme and Segal, City Manager Ross, City Secretary Lenz, City Attorney Petrov, Legal Counsel Susan Bickley, Police Chief Walker, and Human Resources/Risk Director Standorf. Councilmember Guffey was absent. 1. Consultation with Attorney Matters related to consultation with attorney concerning the Texas Workforce Commission (TWC) and the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Mayor Pro Tern Fry moved to recess the special workshop session and convene into Executive Session. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Consultation with attorney held in closed executive session in accordance with Section 551.071 in Chapter 551 of the Texas Government Code (consultation with legal counsel to seek or receive legal advice or consultation regarding pending or contemplated litigation). At 6:46 p.m., Councilmember Segal moved to close the executive session. Mayor Kelly seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey At 6:49 p.m., Council reconvened the special meeting workshop and took the following action: City Council Minutes, August 9, 2010 Councilmember Segal moved to authorize the City's law firm to proceed with the appeal of the matter discussed by filing a lawsuit in Travis County, Texas, if necessary. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey At 6:50 p.m., Mayor Pro Tern Fry moved to close the special meeting workshop. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Special Workshop Meeting adjourned. REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items are as follows CALL TO ORDER: Mayor Kelly called the meeting to order at 6:50 p.m. Council and staff attending workshop also attended regular session. Boy Scout Patrice Swanson, Troop 505, 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. Call to Order Pledge of Allegiance Pledge to the Texas Flag Notice: Matters related to the notice of this meeting 2. Public Hearing Matters related to a public hearing to hear comments for or against granting an alcohol variance to Tiny Boxwoods. Councilmember Boehme said that this agenda item is to hear a request from the applicant to waive the 300 foot distance requirement from the school. He said because he owns more than 10 percent of the stock of Edloe Street Deli & Cafe, which has a liquor a license, he contacted the City Attorney to verify whether he has a conflict of interest and the City Attorney advised him that he does not. Councilmember Boehme said he is forced to participate per City Rule, Rule #39, which states that each member of Council present should vote on every action taken by Council, unless the action involves a member's own conduct that presents a possible conflict of interest. In that case, the member shall file with the City Secretary a written statement of the reason for abstaining. 2 of 8 City Council Minutes, August 9, 2010 Councilmember Boehme said he doesn't have a conflict of interest and so this Rule indicates that if he doesn't vote, he will be recorded in the Minutes as voting affirmative. He said it is his preference not to vote on this because while he thinks it is a close call, he has heard people make comments suggesting the possibility that there is an appearance of a conflict of interest. Councilmember Boehme moved to suspend the rules, which is allowed by Rule #40, so that he is granted permission not to vote on this issue and that his vote be recorded in the Minutes as not voting. Councilmember Segal seconded the motion, but wanted to confirm his belief that Councilmember Boehme does not have a conflict of interest, but in trying to avoid a perceived conflict that some people have raised, he seconds the motion. Mayor Kelly asked City Attorney Petrov to confirm that if Councilmember Boehme withdraws from voting, that in effect it's an affirmative vote. City Attorney Petrov stated that under our Rules of Procedure, yes. Mayor Kelly said so in suspending the rules, he's in effect making a negative vote. City Attorney Petrov said normally you can have a vote recorded as "Aye" "Nay" or "Abstain" and abstain is not counted as affirmative or negative. Mayor Kelly said his opinion is that we are elected officials and we are up here to make the tough calls and he sees no good reason for Councilmember Boehme to abstain from voting on this issue, because that is what he was elected to do and so he will vote against suspending the rules. Mayor Kelly called for a roll call vote on the motion and second to suspend the rules and allow Councilmember Boehme to abstain from the vote. Councilmember Segal For Mayor Kelly Against Mayor Pro Tem Fry For Councilmember Boehme For Councilmember Guffey Absent By majority vote, the rules were suspended and Councilmember Boehme was allowed to abstain from voting on this issue. At 6:59 p.m., Councilmember Segal moved to recess the regular meeting and open the Public Hearing. Mayor Pro Tern Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey Councilmember Boehme left the room at this time. Gregg Thompson, resident at 3758 Plumb and co-owner of Thompson-Hansen, Incorporated, the applicant, spoke first. He said they opened Tiny Boxwoods on West Alabama three years ago and recently purchased the JMH property as a second location. He said one thing they like so much about the JMH property is the proximity of the location to the neighborhood whereby residents can walk to the establishment. 3 of 8 City Council Minutes, August 9, 2010 Mr. Thompson said West U has a sense of place, sense of history, and sense of community and he would like to see the vibrant little commercial district that was there many years ago return. Regarding the beer and wine variance, Mr. Thompson said they followed protocol and held a public hearing and provided proper notifications. He said he spoke with the school principal, who doesn't have an issue with the variance, because the hours of operations won't conflict with the school's start and end times. Mr. Thompson pointed out that their cafe is not a bar and they have no interest in the cafe becoming a destination for drinking. He said there will only be a limited wine and beer selection and only offered as part of the dining experience. He said there is no signage in the building promoting beer and wine and there will be no wine or beer bottles as part of the decor. Regarding noise, Mr. Thompson said it will definitely be noisier than it is right now, because nothing is there right now, but it won't be a noisy place. He said they spent a great deal of time working on a design that will buffer the noise. He said traffic will also increase, but doesn't think it will be a menace to the neighborhood. In addition, he said if it can worked out with the City, they have looked into an electric shuttle as a way to pick people up, bring them to the cafe, and take them home, which would be a fun way to get people to the cafe without them having to drive. In response to those concerned about crime, Mr. Thompson said the cafe is not a bar that will bring that type of element, but as a courtesy, they will have an off-duty police officer on site. David Aguilar, 3716 Georgetown, expressed his concern about the variance. He said he and his wife are excited about growing that area as a community, but with having two small children in grade school at West U elementary, he is concerned about the sale of alcohol and mixing it with driving within certain proximity of the school. He asked that Council not approve the variance. David Wuthrich, 4218 Marquette, spoke to say that he has visited the other Tiny Boxwood's location and thinks it is a wonderful dining experience and enjoys having a glass of wine with dinner there. He said the many times he has been there, never once has he seen anyone drunk or even semi-drunk and so he has no concerns and thinks this would be a welcomed addition to the community. He asked council to approve the variance. Statement from Lynn Nesbitt, 3617 Rice, was read by Bruce Frankel. Mr. Frankel read Ms. Nesbitt's statement, which read, in part, that she is in favor of granting the variance because she feels that the challenges that were once factors have been fully addressed. In addition, she stated that Gregg Thompson's plans for the former JMH property adds significantly to the appeal of living in this area and she feels that this is one of the best things that can happen to the community. Bruce Frankel, 6130 Annapolis, spoke in favor of the wine and beer license. He said Mr. Thompson is a West U resident and he feels Mr. Thompson wants nothing less but to have this site and cafe a successful amenity to our community and that Mr. Thompson has put the community's interest above his own. Stephen Baird, 3210 Rice Boulevard, spoke to express his and his wife's support of the variance. He said they live in close proximity of the JMH market and have been longing for some additional options to increase the foot traffic in the City. He said they are thrilled that there will be a Tiny Boxwood's at that location. 4of8 City Council Minutes, August 9, 2010 Aashish Pandya, 3915 Case, spoke to ask Council to vote against the variance because he feels that any possibility of having alcohol impaired drivers in a school zone is frightening. He said he understands that most residents are responsible, but there is always a small fraction of people that could potentially create problems and there is no room for error when it comes to protecting our children. Bob McLamb, 3908 Milton, spoke to say that he has known Gregg Thompson for over 10 years as a friend, a neighbor, an owner of a restaurant, a board member of the school, and as president of the West University Little League, and he has known him to be very responsible and deliberate. He said he knows Mr. Thompson cares very much about this community and the safety of the children in this community. Mr. McLamb asked Council to vote in support of this variance. Avril Schofield, 3735 Georgetown, spoke to say that she is in support of the variance and thinks Mr. Thompson has done a great job of accommodating everyone and she looks forward to having them there. Paula Bottecelli, 3774 Plumb, said she thinks Greg is a great businessman and community leader and feels he will do what he can to make Tiny Boxwoods a wonderful place to have a great meal. She said the ambiance and food is great and wine will only enhance the dining experience. Susan Wilkinson, 4243 Dartmouth, spoke to say she is relatively new to West U and one of the reasons she chose to move here was the value of the community and to be able to walk to City amenities and local restaurants. She said it is important to maintain the value of having a friendly neighborhood and so she is in support of the variance. Sarah Koller, 3774 Plumb, she agrees with the previous speakers in support of the variance and said she is also in support of it. Kay Williamson, 3753 Plumb, spoke to say she agrees with previous speakers in support of the variance and said she is also in support of it. James Whitehead, 3761 Plumb, spoke to say he is a neighbor of both JMH and Gregg Thompson and said Mr. Thompson is a wonderful neighbor and will be the best possible steward of the JMH property and our neighborhood and so he recommends granting the variance. Jennifer Blum, 4208 Rice, said she has two young children who will be attending West U Elementary and said she is not concerned about the alcohol being an issue. She said if people have a problem with alcohol, they can find it at other places other than Tiny Boxwood's. She said she feels very strongly that this establishment will have no bearing on creating any problems. She said she is in support of the variance. At 7:45 p.m., Mayor Pro Tem Fry moved to close the Public Hearing. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Segal Noes: None Absent: Guffey Abstain: Boehme Councilmember Segal moved to grant the variance requested by Tiny Boxwood's. Mayor Pro Tem Fry seconded the motion. MOTION PASSED. 5 of 8 City Council Minutes, August 9, 2010 Ayes: Kelly, Fry, Segal Noes: None Absent: Guffey Abstain: Boehme Councilmember Boehme returned to his seat at this time. 3. 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. There were no public comments. 4. Solicitation Ordinance Matters related to an ordinance regulating door-to-door soliciting and advertising in the City of West University Place. City Attorney Petrov presented and said a couple of months ago the City passed an ordinance essentially prohibiting commercial leaflets, flyers or door hangers from being left on residential doorsteps or door handles. He said after further review by staff, there was concern with the constitutional issues of such a total prohibition and staff felt it would be a more defensible ordinance if the portion relating to door hangers was styled more like what we have in respect to the "no knock list" that the City maintains. City Attorney Petrov said this amendment is essentially to set up a no knock type list for those types of door hangers. In response to a question by Councilmember Boehme as to whether the ordinance applies to newspapers being thrown, City Attorney Petrov said there is an exemption in the ordinance with respect to newspapers. Councilmember Segal asked if we are doing anything about enforcement because he is still receiving unsolicited advertisements. City Attorney Petrov said the enforcement is through the issuance of citations. Mayor Pro Tern Fry moved to approve the ordinance on the first of two reading. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme, Segal Noes: None Absent: Guffey 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 regular meeting minutes and Employee Benefits Trust minutes of July 26, 2010. 6of8 City Council Minutes, August 9, 2010 B. Fair Housing Month Proclamation Matters related to proclaiming the month of September as Fair Housing Month in the City of West University Place, Texas. C. Equal Opportunity and Fair Housing Matters related to documents required from the City of West University Place in connection with Texas Community Development Block Grant funds, including the adoption of internal grievance procedures and the adoption of a resolution establishing rules and regulations regarding the use of excessive force during nonviolent civil rights demonstrations. D. Regional All Hazards Mitigation Plan Matters related to a Joint Resolution with Harris County relating to the Regional All Hazards Mitigation Plan. E. Emergency Access and Fence-like Hedges Matters related to Chapter 18 of the Zoning Ordinance regarding fences and fence-like hedges; including consideration of an ordinance on the second and final reading. Councilmember Segal had questions regarding Item 5C and requested it be removed from the Consent Agenda. Mayor Pro Tern Fry moved to approve Consent Agenda Items A, B, D, and E. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme Segal Noes: None Absent: Guffey Regarding 5(C), Councilmember Segal said he is in favor of Fair Housing, but is confused by some of the wording in the resolution. He said he doesn't understand where it states that we "physically bar the entrance to a facility or location which is the subject of such demonstrations. The City Council prohibits the physical barring of any entrance to or exit from such a facility within its jurisdiction." City Manager Ross stated that in order to receive the federal grant, this is the boiler plate resolution given to us for approval. ACM/Assistant City Manager Peifer stated that we are required to have this resolution so that we are in compliance with the Community Development Block Grant program and be able to receive funding for the generator and that the wording is so everyone will have a voice and not be prohibited or unduly coerced in any fashion during a non-violent civil rights demonstration; and, so that they are able to come in to voice their opinion and not be kept in a place where they will be unduly influenced or otherwise accosted. City Attorney Petrov said he agrees with Councilman Segal that the language in the caption is somewhat confusing, but the first "Whereas" clause in the resolution states what they are trying to say, which is that the City prohibits the barring of any entrance or exit for such type of demonstration. At this time, Councilmember Segal moved to adopt Consent Agenda item (C). Mayor Pro Tem Fry seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme Segal 7 of 8 City Council Minutes, August 9, 2010 Noes: None Absent: Guffey 6. Reports by Council/Staff No reports by Council/Staff With no other business before the Council, Mayor Pro Tem Fry moved to adjourn the meeting at 8:00 p.m. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Kelly, Fry, Boehme Segal Noes: None Absent: Guffey r►E8i V Meeting Adjourned. Prepared y: Thelma A. Lenz, City Secretary Date Approved: 8 of 8