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HomeMy WebLinkAbout021411R CC Min0 The City 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 special and regular session on Monday, February 14, 2011, in the Municipal Building, 3800 University Boulevard, West University Place, Texas beginning at 6:15 p.m. SPECIAL WORKSHOP (BEGINNING AT 6:15 P.M. IN THE CONFERENCE ROOM) CALL TO ORDER Mayor Pro Tern Fry called the meeting to order at 6:15 p.m. Council and staff in attendance were: Councilmembers Boehme, Segal, and Guffey, City Manager Ross, City Secretary Lenz, ACM/Public Works Director Peifer, Jolie Lenz and Elliot Barner of Johnson, Radcliffe, Petrov & Bobbitt, LLP, and Roger Martin, West U Realtor. Mayor Kelly was absent. At 6:16, p.m., Mayor Pro Tern Fry recessed the open special workshop to go into Executive Session, pursuant to Section 551.072 in Chapter 551 of the Texas Government Code, to discuss the following agenda item. 1. Real Estate Matters related to 3816 University Boulevard and properties owned by the West University Baptist Church. At 6:30 p.m., Councilmember Boehme moved to recess the Executive Session and the special workshop until after the regular session. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey Noes: Segal Absent: Kelly REGULAR MEETING (BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS) Agenda items were as follows: Mayor Pro Tem Fry called the meeting to order at 6:30 p.m. All Council, except Mayor Kelly, was present. City Manager Ross, City Secretary Lenz, Elliot Barner with JRPB, ACM/Public Works Director Peifer, and Police Chief Walker were also present. of West University Place Councilmember Guffey led the Pledge of Allegiance and Pledge to the Texas Flag. City Council Minutes, February 14, 2011 City Secretary Lenz confirmed that the Notice of the special and regular meetings was duly posted in accordance with the Texas Government Code, Chapter 551. 2. Public Comments There were no comments from the public. 3. Ordinance Calling the 2011 General Election Matters related to an ordinance calling for the 2011 Election and considering an ordinance on the first and final reading. City Secretary Lenz presented this item and stated that the only considerable change from the 2009 election is the polling place for Precinct 133, which has been moved back to the Recreation Center at 4211 Bellaire. Councilmember Guffey moved to approve the ordinance calling the 2011 General Election. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly 4. Colonial Park Concessions Matters related to a contract for Colonial Park Concessions. Parks and Recreation Director O'Connor presented and said the City received sealed proposals from Edloe Cafe & Deli, Fire House Subs, and Chick-Fil-A. He said staff is recommending that City Council authorize the City Manager to enter into a contract with one of these vendors for the concession operations at Colonial Pool. Councilmember Segal asked if the Parks Board expressed its preference. Mr. O'Connor said at the Parks Board February meeting, the bids were reviewed and it was the general consensus of the Parks Board to recommend that Edloe Cafe & Deli be given the opportunity to manage the concession operations. Councilmember Segal said he reviewed all three proposals and said he was pleased to see some of the price reductions in the Edloe menu in comparison to last year. Mr. O'Connor said all three bids were great and it was not without great thought that the Board moved its recommendation forward. Councilmember Segal pointed out that Chick-Fil-A has a great product, but they acknowledged that they are unable to sere on Sundays. He said Firehouse Subs has a great menu, but he feels that they pose some delivery and start-up questions. He said Edloe Deli has experience, provides continuity and the product seems well received, so it is his suggestion to grant the concession contract to Edloe Deli. Councilmember Guffey added that Edloe Deli will pay 15% to the City, 2 or 3 percent more than the others. 2of6 City Council Minutes, February 14, 2011 Councilmember Segal moved to grant the concession contract to Edloe Cafe & Deli. Councilmember Guffey seconded the motion. MOTION PASSED. Councilmember Boehme said he doesn't think we have ever been so aggressive in trying to get vendors to bid. He said staff hand-delivered invitations to more than 300 restaurants and he commended staff on their efforts. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly 5. Prior Nonconformance Status and Parking Ordinance Matters related to a Prior Nonconformance (PNC) Status and Parking ordinance. City Planner Debbie Scarcella presented and said on January 10, 2010 a public hearing was held relating to the change in PNC status and parking requirements. She said this proposal has three parts: (1) it amends Section 2 of the Zoning Ordinance to establish new definitions for commercial districts; (2) it establishes regulations by which a loss of PNC Status occurs when there is a change in a nonconforming commercial use; and (3) it equalizes the existing requirement for additional parking spaces for food service establishes operating within a shopping center and classifies those food service establishments that don't have dine-in service with retail. Ms. Scarcella said the Zoning and Planning Commission and staff recommend approval of the ordinance on first reading. Councilmember Boehme said he thinks our Zoning and Planning Commission has done an excellent job and said this is the way the system should work. He said they have forwarded something to Council that addresses housekeeping matters, technical cleanup matters, and substantive issues. Councilmember Boehme said this ordinance does three things: modernizes our restaurant zoning to recognize that a take-out restaurant that has no seating does not have the same parking needs as a restaurant that has seating; sets a policy for prior nonconforming uses that puts us on a pathway to conformity; and, it cleans up an obvious technical problem and unintended consequence of our shopping center parking requirements. Councilmember Boehme moved to adopt the ordinance on first reading. Councilmember Segal seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly Councilmember Segal said in the recommendation of the Zoning and Planning Commission it states that "the Zoning and Planning Commission notes that these provisions will likely not resolve the issues facing the owners of properties with commercial uses in noncommercial zoning districts. The Zoning and Planning Commission urges City Council to provide for a comprehensive review of the commercial zoning provisions in the near future." 3of6 City Council Minutes, February 14, 2011 Councilmember Segal moved for staff to present this issue to the next Council for their attention and for possible inclusion in the City's goals. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly 6. Resolution in Support of House Joint Resolution 56 Matters related to a resolution supporting a constitutional amendment to restrict the power of the local legislature to mandate requirements upon certain local governments and expressing support for House Joint Resolution 56. Councilmember Boehme presented this item and explained that this resolution supports a proposed constitutional amendment by State Representative Solomons, which will essentially outlaw the Legislature passing unfunded mandates. Councilmember Boehme moved to adopt the resolution. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly 7. Judson Park Funding Matters related to the Friends of West University Place Parks Fund's (Friends) funding for Judson Park. Friends of West University Parks Fund, Inc., Chair Leah Ragiel presented and said the Friends Board voted to approve the expenditure of $176,040 of Friends fundraising money for the improvement of Judson Park and she is asking Council's approval for Friends to move forward with the funding of the project. Ms. Ragiel said all of the equipment selected for the park was selected by a citizen-based subcommittee that was formed by the Parks and Recreation Department. She said the subcommittee was comprised of 14 members and included residents who live near, and use, Judson Park, Friends Board members, Parks Board members and Mr. O'Connor and staff. Ms. Ragiel said they are proposing that the work will be undertaken after the Fourth of July and managed by the Parks and Recreation Department. Councilmember Boehme moved to approve staff and Friends recommendation for Friends funding of Phase I of the Judson Park redevelopment plan at the cost of $176,040.00, both with artificial turf safety bases, various park amenities and a park entry seating wall; and that, additionally, Council approve a $26,040.00 City appropriation to these projects to be reimbursed by the Friends of West University Place Parks, Inc. no later than March 31, 2012. Mr. O'Connor said he wanted to clarify Councilmember's Boehme recommendation of an additional $26,040, which is not what is being asked. He said it is being asked for a total $176,040 as the Friends are relatively certain that they have the $150,000, but just in case, they are asking that the City fund the $26,040, if necessary. 4 of 6 City Council Minutes, February 14, 2011 Councilmember Boehme amended his motion to incorporate Mr. O'Connor's comments. Councilmember Segal approved the second. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly Regarding the Friends proposed future renovation schedule, Councilmember Segal asked Friends to reconsider the Community Building/Courtyard and Scout House landscape as not coming in the purview of the Friends and dropped because those facilities are not dedicated as West U Parks, and the City pay for landscaping of those facilities, if necessary. Ms. Ragiel agreed. 8. 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 minutes of January 24, 2011. B. College Avenue/Bellaire Boulevard Matters related to the final closeout and acceptance of the College Avenue/Bellaire Project. Councilmember Segal moved to approve the Consent Agenda as presented. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly 9. Reports by Council/Staff No Council/Staff reports. 10. Adjourn At 6:58 p.m. Councilmember Segal moved to adjourn the regular session and resume the Executive Session. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly At 7:00 p.m. Council reconvened into Executive Session. At 7:05 p.m., Councilmember Segal moved to close the Executive Session and reconvene into the special workshop session. Councilmember Guffey seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal 5of6 City Council Minutes, February 14, 2011 Noes: None Absent: Kelly in open session, Councilmember Boehme moved that City Council authorize the City Manager to proceed with the necessary purchase and exchange of properties so that the City takes ownership of 3816 University Boulevard for an amount not to exceed $499,000. Councilmember Segal seconded the motion. Councilmember Guffey stated that he objects to approving this at this time and thinks it should have been done in a regular meeting City Manager Ross stated that this has been discussed during four different regular meetings. Councilmember Segal asked City Manager Ross to do a press release on the matter. At this time, a vote was taken to the motion and MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly At 7:07 p.m., Councilmember Segal moved to adjourn the special meeting. Councilmember Boehme seconded the motion. MOTION PASSED. Ayes: Fry, Boehme, Guffey, Segal Noes: None Absent: Kelly Meeting r, , r yl~ City Secretary Date Approved: 6of6