MINUTES OF CITY COUNCIL PUBLIC HEARINGS AND REGULAR MEETING
CITY OF WEST LAKE HILLS, TEXAS
Wednesday, March 25, 2015
7:00 p.m.
PRESENT: Mayor Dave Claunch, Councilmembers Linda Anthony, Taylor Holcomb, Jim
O'Connor, and Darin Walker
ABSENT: Mayor Pro Tern Graham.
1. Called to Order by Mayor Dave Claunch at 9:03 PM.
2. Citizens Communications: The City Council welcomes public comments at this point on
any issue. If the issue is listed on the agenda, the speaker may choose to comment during
the Citizens Communication agenda item or when the specific agenda item is taken up by
the Council later in the meeting. The Council cannot respond to matters not listed on the
agenda until a future meeting. Speakers must sign up with the City Secretary before
speaking. Speakers shall limit their comments to five (5) minutes each.
Carrie Peace of 102 Westhaven Drive read a letter into the record. It is a
supplement to the ethics complaint pursuant to the City's Ethics Ordinance. It is not
to reargue the complaint that was submitted in September of 2014, which you have
not elected to investigate, but because of additional ethical violations by city officials
that they have discovered more recently.
3. CONSENT AGENDA: The following items are anticipated to require little or no
individualized discussion due to their nature being clerical, ministerial, mundane or
routine. In an effort to enhance the efficiency of City Council Meetings, it is intended
that these items will be acted upon by the City Council with a single motion because no
public hearing or determination is necessary. However, a City Council Member or
Citizen may request separate deliberation for a specific item, in which event those items
will be removed from the consent agenda prior to the City Council voting on the consent
agenda as a collective, singular item. Citizens requesting items be removed from the
consent agenda must submit a written Speaker Card to the City Secretary before the
meeting begins. Prior to voting on the consent agenda, the City Council may add
additional items that are listed elsewhere on the same agenda.
a. Approval of the February 23, 2015 Council Workshop Minutes. City Secretary
Lacie Hale.
b. Approval of the February 25, 2015 Regular Meeting Minutes. City Secretary Lacie
Hale.
c. Approval of the February 25, 2015 Special Meeting Minutes. City Secretary Lacie
Hale.
d. Approval of the March 11 , 2015 Special Meeting Minutes. City Secretary Lacie
Hale.
e. Approval of the March 11 , 2015 Regular Meeting Minutes. City Secretary Lacie
Hale.
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f.
Utilities: Discussion/decision regarding Ordinance 423 , suspension of proposed
Texas Gas rate increase. City Administrator Robert Wood.
COUNCILMEMBER HOLCOMB MOTIONED TO APPROVE THE
CONSENT AGENDA AND THE ADDED THE REQUEST TO POSTPONE
AGENDA ITEM #7. COUNCILMEMBER ANTHONY SECONDED THE
MOTION AND IT PASSED BY 4-0 VOTE.
4. Transportation: Presentation ofreport on traffic calming for Forest View Drive and
Rocky River Road. Scott Dukette with Klotz Associates.
Scott Dukette and Klotz Associates gave a presentation of their prepared report
regarding traffic calming measure for this corridor. They concluded some options to
look into are improved markings, speed humps, and four or three way stops. Mr.
Dukette also realized that the display noted that there is no intent to narrow the
lanes on Westlake Drive. Mayor Claunch suggested that Klotz send the City an
updated report, with the Westlake Drive update, and then share the report with the
general public. After further review, Council also requested to include radar speed
signs in the revised report. He also noted that this item will come back to Council at
the April 22nd meeting.
5. Personnel: Recognition for various staff accomplishments and honors and update on
special projects. Mayor Dave Claunch.
City Administrator Robert Wood gave some background information regarding
Municipal Court. It originally had three employees but it was dropped down to two.
The good thing about this transition is that it has increased productivity, efficiency,
and professionalism. The Court staff is currently going through the Municipal
Court Clerk Certification Program. One court clerk is working on level one. She has
finished 40 hours of required classes and she is studying for her test. Our Court
Clerk, Bobby Martinez, has recently passed the level two certification, about a week
ago. There is also a level three certification that he will be working on and it takes
roughly two years to complete. City Administrator Robert Wood then gave statistics
on how many individuals hold the different types of court clerk certification in
Texas. The Municipal Court is also transitioning to paper light record keeping.
Council has approved some software to keep digital records. Court has done the
most in this area and will also, hopefully, help some other departments work on it.
They are scanning the paper documents, then shredding them. It will help cut down
on paper that we have to have in storage. They are transitioning, literally,
everything they do to digital. The Judge and Prosecutor also have laptops they use,
to access the Court software. This prevents paper from going back to forth to
everyone. It also helps everyone get out faster.
City Administrator Robert Wood explained the impact that the Blackboard
Connect warrant calls made on the 2015 Warrant Roundup. He then gave statistics
of how much money was collected and how many warrants were closed. He noted
that some of the collected money has to go to the state. He concluded that the
Municipal Court is a good example of doing more with less. The Council and
residents of West Lake Hills should be proud of the professional high level of
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services being provided by the Court. Mayor Claunch added that our Court has
always functioned adequately but in the last year or two, especially with Bobby's
help, it really has sky rocketed. The performance, efficiency, professionalism,
organization, technological advancements. He is proud of what that group has done
under City Administrator Robert Wood's leadership. It's not the most pleasant
interaction people will have at city hall, but he is impressed with what he has heard.
Before the first round up, we found out that there was roughly $1 million in unpaid
warrants, now the balance is down to $700,000. City Administrator Robert Wood
added that is has gone down roughly one third and the number will never be 0.
Councilmember O'Connor asked if speeding was the main offense. City
Administrator Robert Wood stated it can be a combination of things.
6.
Administration: Discussion/decision regarding "Hands Free" ordinance to prohibit the
use of electronic devices, while operating a vehicle or bicycle. Councilmember Linda
Anthony.
a. Staff Briefing. Councilmember Linda Anthony gave briefing that is similar to
what was before Council a few weeks ago. She stated that the main point of
discussion is to limit the use of devices when the vehicle is stopped. There
have been several people involved with the drafting of Austin's ordinance say
that it can lead to issues with enforcement and traffic safety. City
Administrator Robert Wood shared some information that he got from San
Antonio, Corpus Christi and Austin. He asked if they had the exemption
when a car is stopped, Austin was the only one that had that built into their
ordinance. Even though he dido 't talk to the City of El Paso it is his
understanding that they didn't exempt cars at a standstill. San Antonio and
Corpus Christi do not consider someone pulled over or in a parking lot on
their device is not a violation, but if someone is in a lane of traffic they cannot
use their phone. There is not a lot of data because this is pretty new.
b. Public Hearing:
Kathy Wirt hopes that Council will actually pass it this evening. It has been
on the agenda for many weeks and she hopes that Council can work through
any issues and get this one. passed. She think is should be kept as much in line
with Austin as possible.
Kari Walker asked a clarification question. She said that the ordinance
references phone a lot and wanted to know if GPS units that sit on
dashboards was included in the ordinance. Councilmember Holcomb
clarified that it is included in the definition of wireless communication
devices. One of the exceptions is if you use a device that gives audio
directions instead of using your hands to view it. Ms. Walker then asked if it
is considered hands free and if she is at a stop sign trying to find a different
way to go, she might hit it. She just wanted clarification for this instance, if
you are at a stop sign or light, then you have the ability to use that hands free
unit.
Councilmember Holcomb stated that the exception is if the directions are
given audibly and the device is affixed to the vehicle. City Administrator
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Robert Wood stated it would follow under it. The definition for use seems
like it would include that.
Ross Snyder noted that he didn't have too much to say. He applauded the
Council for using the wireless communication device definition from the
Texas Transportation Code. It ties in with federal regulation of wireless
devices and that is well thought out. At first glance, he is not as concerned as
he was.
c. Deliberation and action.
Council then went through the ordinance and provided their input on
changes that should be made. They agreed to allow the use of wireless
communication devices while the vehicle is stopped and out of the lane of
traffic. Council then decided on the timeframe that warnings will be issued
until June 1st and then tickets thereafter. They also lowered the maximum
fine to $250 instead of $500.
COUNCILMEMBER ANTHONY MOTIONED TO APPROVE THE
HANDS FREE ORDINANCE AS AMENDED AT THE DIAS.
COUNCILMEMBER O'CONNOR SECONDED THE MOTION AND IT
PASSED BY 4-0 VOTE.
7. Land Use: Site Plan Amendment for Juniper Ridge Subdivision. Applicant Mitch
Johnson. (Section 28.03.098 of the West Lake Hills Code.)
a. Staff Briefing.
b. Presentation by applicant.
c. Public Hearing: All persons wishing to speak for or against shall be heard.
d. Deliberation and action .
. Item was moved to Consent Agenda to postpone.
8. Land Use: Variance to request an 8 foot rear fence at 14 Las Brisas Drive. Applicants
Brent and Mary Durbin. (Section 22.03.173(d) (10) of the West Lake Hills Code.)
a. Staff Briefing. City Planner Ashby Grundman gave briefing.
b. Presentation by applicant. Applicant's Representative James Wheeler
explained that the property is adjacent to the loading and receiving area of
the Market of West Lake Hills and the Forum Shopping Center. Currently,
there is an existing 6 foot fence on the property line. The fence needs to be
replaced, as is, due to age and the property owner is looking for an 8 feet
fence. It is similar to one on a neighbor's property. The current fence does
not effectively screen the property. They elaborated on the alternatives that
they have looked into.
c. Public Hearing: No one spoke.
d. Deliberation and action.
Mayor Claunch asked about the dumpsters on the property and limits
regarding screening, pick up, etc. City Administrator Robert Wood
responded that there isn't really anything except enforcing the noise
ordinance. Council instructed City Building Inspector David Brasich to look
into the dumpster screening, pick up time issues, and if new lights have been
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installed at the Forum. A report will be given at the next Council meeting.
Mayor Claunch stated he recognizes the hardship as safety and security.
COUNCILMEMBER HOLCOMB MOTIONED TO APPROVE THE
VARIANCE. COUNCILMEMBER O'CONNOR SECONDED THE
MOTION AND IT PASSED BY 4-0 VOTE.
9. Public Works: Discussion/decision regarding selection of engineering firm for city wide
drainage study. City Administrator Robert Wood.
a. Staff Briefing. Councilmember Anthony gave briefing that the subcommittee
met and are in agreement. Councilmember O'Connor added that they
concurred that if the number one selected firm does not work out then they
should go with the second selected firm. Councilmember Anthony stated that
the first choice was K. Friese and the second one was Halff. The difference
was Friese seemed to be a simpler, quicker and direct approach.
Councilmember O'Connor noted that they were well qualified.
b. Public Hearing: No one spoke.
c. Deliberation and action.
City Administrator Robert Wood noted that the City of Austin reached out
to us to work together on this study. Councilmember O'Connor added that
we should do a good job of defining the scope. Mayor Claunch asked the
subcommittee to continue working in this capacity to see this through.
COUNCILMEMBER O'CONNOR MOTIONED TO SELECT K. FRIESE
FOR THIS PROJECT AND START NEGOTIATING THE SCOPE OF
WORK. COUNCILMEMBER WALKER SECONDED THE MOTION
AND IT PASSED BY 4-0 VOTE.
10. Litigation and Land Acquisition: Update on legal matters regarding 102 Westhaven
Drive and 101 McConnell Drive including civil lawsuit (Peace v. Hovis, Cause Number:
D-1-GN-13-003985, regarding real estate transactions) and the update on eminent
domain process to acquire a fee simple interest in and to approximately 0.104 acre of land
located at 101 McConnell Drive, owned by Jeffrey Peace and Caroline Peace, that is
required for the public purpose of constructing proposed improvements to RM 2244/Bee
Cave Road and any related facilities. City Attorney Alan Bojorquez.
a. Executive Session per Section 551.071 of the Texas Government Code for
Consultation with Attorney regarding status of above-listed litigation and related
legal issues.
b. Public Hearing: No one spoke.
c. Deliberation and action.
COUNCIL HELD AN EXECUTIVE SESSION ON ITEM #10 FROM 11:00 PM
TO 12: OOAM.
No Council action was taken.
11. Public works: Update on demolition of home at 100 Westhaven Drive for Bee Cave
Road widening project. Mayor Dave Claunch.
a. Executive Session per Texas Government Code, Section 551.071 for Consultation
with Attorney and 55 1.072 Deliberation Regarding Real Property.
MINUTES OF CITY COUNCIL PUBLIC HEARINGS
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b. Public Hearing: No one spoke.
c. Deliberation and action.
Mayor Claunch gave update that the demo has been done and it is going well.
The rubble is being hauled off. He thinks the project manager has done a great
job reaching out to the neighbors. It is not completed yet but going well.
12. Public Works: Discussion/possible decision on update regarding Bee Cave Road Rightof-Way acquisition. Mayor Dave Claunch.
a. Executive Session per Texas Government Code, Section 551.071 for Consultation
with Attorney and 551.072 Deliberation Regarding Real Property.
b. Public Hearing: No one spoke.
c. Deliberation and action.
COUNCIL HELD AN EXECUTIVE SESSION ON ITEM #12 FROM 11:00 PM
T012:00AM.
No Council action was taken.
13. Personnel: Discussion/possible decision on filling vacant position on Zoning and
Planning Commission. Mayor Dave Claunch.
a. Executive Session per Section 551.074 of the Texas Government Code for
personnel matters.
b. Public Hearing: No one spoke.
c. Deliberation and action.
COUNCIL HELD AN EXECUTIVE SESSION ON ITEM #13 FROM 11:00 PM
T012:00AM.
COUNCILMEMBER HOLCOMB MOTIONED TO APPOINT BRIAN
PLUNKETT TO THE ZONING AND PLANNING COMMISSION.
COUNCILMEMBER WALKER SECONDED THE MOTION AND IT PASSED
BY 3-0 VOTE.
Councilmember Anthony left the meeting at 11:55 PM.
14. Land Use and Litigation: Update on Cause No. D-1-GN-001858, City of West Lake
Hills vs. Yaupon Partners, LLC and Ray McMackin; Case No. 12-12734-tmd, In re:
Raymond McMackin; and Adversary No. 13-01049-tmd, City of West Lake Hills v.
Raymond McMackin. Legal Counsel.
a. Executive Session per Section 551.071 of the Texas Government Code for
Consultation with Attorney regarding status of above-listed litigation and related
legal issues.
b. Public Hearing: No one spoke.
c. Deliberation and action.
COUNCIL HELD AN EXECUTIVE SESSION ON ITEM #14 FROM 11:00 PM
T012:00AM.
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No Council action was taken.
15. Adjourned by Mayor Dave Claunch at 12:01 AM.
Certificate
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