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Home My WebLink AboutMinutes_1991 CITY COUNCIL WORKSHOP SESSION MONDAY, JANUARY 14, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** City. Cauncil canvenedin warkshop sessian in the Municipal Building, 3800 University Baulevard, in the City af West University Place, an Manday, January 14, 1991, with the fallawing members present: Mayor Higley, presiding; Cauncilmembers Bell, Jenkins, Redeker and Watson. A 1 so present were the Ci ty Manager, City Secretary, Ci ty Attarney, Director of Finance and Administratian, Directar af Public Warks, the Fire Chief, Chief of Palice and the Director af Engineering and Constructian. ' City Manager Mike Tanner intraduced the. Directar af Engineering and Canstructian, Brent Sherrod, who. began employment with the city this marning. AGENDA REVIEW - DISCUSSION ONLY City Cauncil members reviewed the regular sessian agenda. Questians arase over the Werlein' Street Clasure Plan. Larry Wiese, 2615 Werlein, stated the residents were agreeable to. maintaining the landscaping prapased for the closure. City ManagerMi ke Tanner explained the landscape plan called mainly far trees, like Crepe Myrtles, which wauld nat require a great deal af maintenance. Any annuals that might be planted would be the respansibility af the residents an Werlein Street. It was also. braught out that if the temparary closing af Werlein increased traffic an Casan, the residents an Cason had nat camplained. MATTERS RELATING TO SPEED LIMIT REDUCTION - DISCUSSION ONLY: The prapasa 1 to. lawer the speed limit to. 25 mph wasdi scussed. Cauncilmember Bell suggested Council table actian on this item to. allaw time to. see haw the five mile tolerance an traffic enfarcement was warking. Council might find the increased speed enforcement accamp 1 i shes the goals af the 25 mph 1 imi t. I f sa" it wauld save the city the expense af the signs and changing the ardinance. All agreed the Traffic Cammittee had dane a gaad jab. Mike Tanner agreed the officer an the street can feel free to. write a ticket far 33 mph and 37 mph aver the limit. MATTERS RELATING TO VIRGINIA COURT DEVELOPMENT - DISCUSSION ONLY: The Virginia Court Development was discussed. The City Attarney recammended that Cauncil requi re the deve 1 aper to. pravide the city with a title palicy, get a deed and get it in fee simple. The City Cauncil Warkshap Sessian, January 14, 1991 iJ... J turn-araund pravi ded is the "tabll type and nat a ci rcul ar turn-araund. The City Attorney ,advised the tab should function as a street. Therefare, under the zoning ordinance. the applicants wauld have to. set back fram the IItabll the required number af feet ar make applicatian to. the Zaning Baard, af Adjustment far a variance. The bui lding lines do. nat caincide with the zoning ardinance. The applicant wauld have to. meet all the requirements of the building regulatians and the zaning ardinance. Questian was ra i sed as to. the feas i bi 1 ity af a 45 faat cu 1 de sac ins tead af the tab turn-araund. It was discussed that a cul-de-sac wauld take up mare land fram the buildable space and the applicant was appased to. a cul de sac. 'Another questian arase' as to. whether Council wauld want to. require the develaper to. plant mare trees. There are many trees in the areas which will be destrayed by the develapment. Also, attarney's fees had accumulated aver the plans and it was painted aut that perhaps the develaper might reimburse the city far attarney's fees spent an the replat. l Mike Tanner explained that the city wauld benefit fram the develapment thraugh the installatian af the laaped water line and impraved drainage. After further discussian, it was agreed that the utility easement needed to be dedicated to. the city as well as the street and at the same time. The City Attorney advi sed that the insurance cauld be drapped an the easement. The City Attarney recammended that if Council appraved the develapment plat that all dacuments be made subject to staff1s approval far substance and to. the City Attarney's appraval far legality. City Cauncil generally agreed with the recammendatians and also. agreed staff inquire if the develapers planned to. plant trees. Mayar Htgley recessed the warkshap sessian at 7:30 p.m., to. convene in regular sessian. At 10:00 p.m., Mayar Higley reconvened the warkshap sessian with the fallawing present: Mayar Higley presiding,Cauncilmembers Bell, Jenkins, Redeker and Watsan. Also. present were the City Manager, City Secretary, Directar af Finance and Administratian, Directar af Public Warks, the Chief af Pal ice, the Fire Chief and the Directar af Engineering and Canstructian. MATTERS RELATING TO CITY HALL NEEDS ASSESSMENT AND RENOVATION - DISCUSSION ONLY: l Mike Tanner explained staff had discussed City Hall Needs Assessment with 10 qualified architectural firms. Fees ranged fram $1,500 to. $10,750. Three firms were recammended far cansideratian by City Cauncil. Hawever, Mr. Tanner suggested the firm af Christapher Di Stefano & Associates be considered as the ane mast appraparate far the city. The cast to. cantract far the needs assessment wi th Di Stefano. & Associ ates was $3,500; the fee wauld be deducted fram the architectural fee if the firm is selected for design and canstructian~ "~ City Council Workshap Sessian, January 14, 1991 After discussion, City Cauncil agreed the City Manager shauld ~'II. proceed to execute a contract with Christapher Di Stefano. & Associates far City Hall needs asse$sment at the cast af $3,500.00. MATTERS RELATING TO APPOINTMENT OF PROSECUTOR FOR THE MUNICIPAL COURT: Mayar Higley recessed ,theworkshap sessian to. go., into. a clased executive session as autharized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Sectian 2(g}: Discussian af Persannel (Appaintmentof Prosecutar). At 10:19 p.m., Mayor Higley recanvened the warkshop sessian. '-j. It was the cansensU's of City ,Cauncil to. appaint Rabert Crain as Prosecutor for the Municipal Caurt. ADJOURNMENT: With ,no. further business to. came befare City Cauncil at this time, matian was made by, CaunctlmemberRedeker, secanded by C-ouncil- member Bell, that the ,meeting adjourn. Such motion carried and the warkshap sessian adjourned at 10:23 p.m. Laura C. Higley Mayar I L Audrey Nichals City Secretary l 10 REGULAR CITY COUNCIL MEETING MONDAY. JANUARY 14, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Cauncil canvened in regular sessian in the Municipal Building, 3800 University Baulevard, in the City of West University Place, an Manday, January 14, 1991, with the fallawing members present: Mayar Higley, presiding; Cauncilmembers Bell, Jenkins, Redeker and Watsan. Also. present were the City Manager, City Secretary, City Attarney, Directar af Finance and Administratian, Directar of Public Warks, the Fire Chief, the Chief af Police, and the Directar af Engineering and Canstructian. Cauncilmember Jenkins delivered theinvacation and led the Allegiance to. the Flag. RESOLUTION HONORING JUDGE MICHAEL H. SCHNEIDER: Mayar Higley presented far cansideratian Resalutian Number 91-01, as fall aws: ] RESOLUTION NUMBER 91-01 WHEREAS, an July 10, 1978, Michael H. Schneider was appainted Assaciate Judge af the Municipal Caurt in the City afWestUniversity Place; and WHEREAS, Michael H. Schneider served the city in this capacity until his appaintment to. Presiding Judge af the Municipal Caurt an March 12, 1984; and WHEREAS, the members of City Cauncil appreciate Judge Schne i der' swi 11 i ngness to serve the city thraugh the years as the city's Chief Judicial Officer. ,i ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Secti an L, That the Members' at- City Counci.l applaud Judge Michael H. Schneider far his sense of justice, impartiality and fairness with which he presided aver the Municipal Caurt. l i _i Sectian appreciatian dedicatian to. the city. Section 3. That this resalutian be spread in full upan the! mi nutes of G:ity Caunci 1 and that the Mayar be, and 2. That City Cauncil expresses its to. Judge Schneider far his unselfish the cammunity and to. the judicial system af 74 Regular City Cauncil Meeting and Public Hearing, January 14, 1991 she is hereby, autharized to cause to. be delivered to. Judge Schneider a copyaf thisresalutian. PASSED AND APPROVED this the 14th day af January , 1991. Vating Aye: Vating No.: Absent: Laura C. Higley, Mayor Buddy Bell, Mayar Pro. Tem Jim Jenkins, Cauncilmember JanetL.Redeker, Cau nc i 1 membe r Bill Watsan, Councilmember Attest: Audrey Nichals, City Secretary Appraved as to. Form: I l James L. Daugherty, Jr. City Attarney Matian was made by Caunci lmember Bell, seconded by Caunci lmember Redeker, that Resolutian 91-01 be appraved as presented. Voting Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Bell, Jenkins, Redeker, Watsan Nane Nane Mayar Higley presented the resalutianta Judge Schneider and also. presented to. him a plaque cammemarating his years af service to. the city: Associate Judge fram 1978 to. 1984 and Presiding Judge 1984 to. 1990. Mayar Higley admioistered the Oath af Office to. Adanica Johnstan, newly appainted member to. the Parks Baard. PUBLIC HEARING RELATING TOWERLEIN STREET: Mayar Higley annaunced that the public hearing cancerning Werlein Street was in session. The purpose af the public hearing was to hear camments fram citizens and parties in interest relating to the prapased installation of a traffic cantral device at the , j I > I L IU Regular City Cauncil Meeting and Public Hearing, January 14, 1991 J carner af Werlein Street at Kirby Drive. Thepropased traffic cantra 1 devi ce may be des i gned to. requi re that thraugh traffi c af mator vehicles not be allawed-upan ar aver Werlein Street at the intersectian af Kirby Drive. Werlein Street has had a temparary black at that intersectianand the prapasal before City Cauncil is to. cansider a permanent device with landscaping to. prahibit matar vehicles fram entering Werlein fram Kirby. Mayar Higley explained that she would call on speakers in the order in which they signed the signature raster. Larry Wiese, 2615 Werlein. expressed his appreciatianta Cauncil far the temparary trafficdiversian. Initially, the residents an the 2600 and 2700 blacks of Werle in submitted a petition to. Cauncil abaut a year ago.. The prapasal' to. close Werlein to. thraugh traffic was studied by the Traffic Cammittee and the Long Range Planning Cammittee. Mr. Weise was anticipating a permanent salutian to the questian. Susan Bickley. 2719 Werlein, spake in favar af the traffic cantral device. j Chuck Gillan, 3630 Geargetown, spake against the traffic cantral device. He did nat cansider it to be in the best interest af the city. Alan Rice, 2727 Werlein,spoke in favor af the traffic cantral device. Mr. Ricethaught the temparary device had impraved the atmasphere af the street ,a great. deal,.,' Thecut-th:raugh traffi c was an enarmaus prablem. Mr. Rice suggested that if ather streets alang Kirby requested a traffic cont,ral devtce and Cauncil agreed to. install such, that a unifarm appraach be used. '.1', , Pat Weise, 2615 Werlein, reparted that the residents on Werlein were canvassed and were unanimausly in favar af the traffic cantral device. The residents in the 2600 and, 2700 blacks af Casan Street were also. canvassed and they expressed no abjecti an to the prapasal. Werlein Street is anly two. blacks lang and there is no. need far any ane to. use' the street except :those 1 iving an it. Taa many peaple were using Werlein to. avaid the traffic light at the carneraf Bellaire Baulevard and Kirby Drive. 1 , ,1 Hearing no. further camments from the audience" Mayar Higley adjaurned the publ ic hearing and immediately canvened the regular sessian with the fallawing present: Mayar Higley, presiding; Cauncilmembers Bell, Jenkins, Redeker and Watsan. Staff members present were the City.'.Manager, "City Secretary, city, Attarney, Directar af Public Warks, the Chief af Pal ice, the Fire Chief and the Dire~tar af ,Engineerin~ and Canstructian. l 1 ..........J HEARING OF RESIDENTS:, Mayar Higley invited residents to speak who had matters they wished to. bring to. theatte:ntian ,afthe' City Cauncil,which had nat previously been submitted: to. the' CityMainager~, " 7ti Regular City Cauncil Meeting and Public Hearing, January 14,1991 There were none, present ,who. wi~hed taspe,ak. CITIZENS RESPONSE TO AGENDA ITEMS: - . ' , .' .: Mayar Higley invited residents who. wished to. address a specific agenda item to. speak at thi ~ time., Cannie Clark, 4232 Sunset", .and member af the Traffic Cammittee, spake in favar af the 25 mph speed limit. She thaught the residents supparting the lower speed limit were thase who. live an cut-through streets., . The Traffic Committee propased the reductian in speed limit in respanse to. many requests. Alan Rice, 272:7 W~rl'ein, spoke a"Qai'nst the. 25' 'mph,:limit. He thought 'the existing speed 1 imit was nat, the prablem. From what he observed, mast people drave within the speed limit. It is an the tharaughfares that people speed. 'Mr. Rice thaught the real prablem was with the joggers, walkers, baby buggies in the street and with autamabiles parked an:the streets. Jerry Nickell, 4123 Albans, E:hairman af the Traffic Cammittee, reported that in the last two. years the Traffic Cammittee has talked to hundreds af re,s i dents andtheprob 1 em i scut-thraugh traffic and high speed. Mr. Nickell named ather cities that had 25 mph limits in residential sectians. Mr. Nickell reparted he had checked with the State Oepartment af Public Safety and ather agencies and received verificatian that the general rule was to allow 10 miles aver the speed limit before issuing traffic tickets. Steve Senia, 5832 Auden, spake infavar af the 25 mph limit. ,-- I I I L , Bill Shart, 5828 Auden, spake in favar af the 25 mph li~it. Jasephine Daigle, 5844 Auden, spake in favar af the 25 mph limit. Teresa' Fagler, 3610 Sunset, spake in favar of 25 mph and endorsed strict enforcement. Darothy- Reiger, 6516" Brompt~n, sU,ggested the prablem was jaggers and baby buggies using the streets who. pay no. attentian to. the autamabiles. Caunc i lmember Bell cammented, the Tra ffi c Commi ttee had warked lang and hard an this. Hawever, ,Cauncilmember Bell thaught there might be same ether things to. cansider. City CaupciJ passed an ardinancemandating sidewalk replacement at new canstructian. Cauncil warked with the Traffic Cammittee. The last cauncil meeting City Caundl asked far the Chief af Palice to instruct patral afficers to. issue tickets at 5 miles over, the speed limit. Naw, there is a 10 miles aver the limit discretianary enfarcement. Cauncilmember Bell ,suggested Cauncil give the stri cter enfarcementsame time to., try to. determine the resul ts af that actian. ,Also., Cauncilmember Bell suggested Cauncil might I' ! l L I I Regular City Council Meeting and Public Hearing, January 14, 1991 j cans i der a mandatary aff-streetparki ng ardi nance to. 1 imit parked ca rs . He s ugges ted Caunci 1 cans i der tabl i ng the. 25 mph speed 1-~mit and review the atherJthings that might imprave the safety af aur streets. Mayar Higley expressed her appreciatian far the Traffic Cammittee's wark. The questian was mare cantraversial than she expected. Mayar Higley did not think anyone shauld be driving aver 25 mph an residential streets. She was acutely aware af the number af children that cauld dart aut in the streets. Hawever, she thaught Caunci 1 waul d cans i der pastponing the questian at the present time. l Bab Scatt, who. 1 ives at the carner af Duke and Virginia Caurt, spake concerning the Virginia Caurt Develapment and vaiced his oppasitian to. the replat. He cited flaading prablems as a seriaus cancern. He was also. cancerned that a turn-araund be required an the Virginia Caurt Street extensian. Susan Baiamante, 6409 Virginia Caurt, spake in appasitian to. the Virginia Caurt Street extensian and develapment. She submitted phatas to. City Cauncilshowing the drainage prablems. Teresa Fagle, 3610 Sunset, spoke against the Virginia Caurt Deve 1 epment. She was cancerned, because thedeve 1 apment wau 1 d require trees be cut dawn. She was nat in favar of cutting dawn trees. Scatt Marks, 2618, Wraxtan, stated hi s : 1 at was an, the back to. lats that would be thefi-rst extensian 'an Virginia 'Cou.rt. It was his understanding that the plans were always to. extend Virgi ni a Caurt. He understaad the drainage prablem. The middle af Mercer is the law spot and the prablem had been extensively examined. -l ..", Charles Aeschbacher, 6423 Mercer, submitted phatos ,taken when it was raining. The engineers warking far the developers have assured them that the flaadi'ng wo.uldnat be any warse than it is naw. The rain water drained aff very quickly. ' Saib Saaur9 Bench Mark Engineering Carparation, painted aut that the Virginia Caurt Street extension plans call far a turn-around. The Fire Department visited the site and gave their apprava 1. The Harri s Caunty Flaad Contral Di stri ct had been asked farJinput to- address the dratna-ge!.: Theiwater line will be laaped to. faci 1 i tate waterdistributibn in the area and imprave water pressure. Maria Aeschbacher ~cammented:the- extensian a_flrth~ street is 125 feet. There are hames anly en ane 5 ide af the street, the ather side is the ditch. Mrs. Aeschbacher thaught that fact shaul d cansidered. ~ .' -11 '/lj Regular City Cauncil Meeting and Pub 1 i c Hea ri ng, January 14, :1.991 Alan Rice, 2727 Werlein, reparted the dra,inage an the ]at between him and his neighbar;was very poor and retained water. The city water/sewer crews worked on the 'lat 'and tried to. level it after camp 1 et i ng same warkthere. Hawever, the lot is nat level and needs additianal wark. The praperty awner lives aut af tawn. Mr. Rice wauld like same solution to. the flaading. ITEMS TO ,BE ,REMOVED FROM THE CONSENT AGENDA: Members af Cauncil, remaved ,Item No. 10, Matters relating to. Virginia Caurt, Developmentt Item No. 11, Water Well #8, Item No. 14, Sanitary Sewer Renovatian. Priarity Area 3, Item No.. 16, 1986 Bond Payment, and Item No.. 19, City Hall Needs Assessment. CONSENT AGENDA: Matian was made by Cauncilmember Redeker, secanded by Cauncil- member Bell that, with theexceptian of items 10, 11, 14, 16, and 19, the can sent agenda be appraved in accardance with staff recammendatian. Voting Aye: Vating No.: Absent: Mayar Higley, Councilmembers Bell, Jenkins, Redeker, Watsan Nane Nane' ~ MATTERS RELATING TO 25 MPH SPEED LIMIT: Motion was made by Cauncilmember Bell, seconded by Cauncilmember Redeker, that City Council table the 25 mph speed limit for a marith and cantinue to. warkwith the Traffic Cammittee and address ather prablems that may alleviate speeding an city streets. Vating Aye: Vating No.: Absent: Mayar Higley, Councilmembers Bell, Redeker Cauncilmembers Jenkins, Watson Nane ORDINANCE RELATING TO SITE DRAINAGE: Mayor Higley presented Ordinance Number 1391 far Cauncil's cansideration arid read the ciption, as fallaws: ORDINANCE NUMBER 1391 AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND RELATED' REGULATIONS; AMENDING SITE DRAINAGE REQUIREMENTS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS 'AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. l L Capies af Ordinance Number 1391, in the farm required far adaptian. were available to. all members af City Council and a IV Regular City Cauncil Meeting and Public Hearing, January 14, 1991 reasanable . number af add,itianal"copi,es available ta,interested citizens :present. - - - -- Matian was made by -Cou'nci 1 member Redeker, secanded, by Cauncil- member Jenkins, that Ordinance Number 1391 be adapted an first and final reading as presented. Vating Aye: Vating No.: Absent: Mayar Higley,,;Caundilmembers Bell, Jenkins, Redeker, Watson. Nane Nane PROCLAMATION RELATING TO ARBOR DAY: Mayar Higley praclaimed January 20, 1991, as Arbar Day in the City. Matianwas made bY CauncHmember Redeker, secanded by Caunci 1- member Bell, that the procl ama tian be ,appraved as presented. Vating Aye: Vating No.: Absent: Mayor H.igJey,.Cauncilmembers Sell "Jenkins, Redeker, Watsan Nane Nane MATTERS RELATING TO VIRGINIA, COURT DEVELOPMENT: Consideratian was gtven ,to. ,appraval of street dedication far the extensipn afVirginia Caurt Street. J Matian was made by Counci:lmember Watsan, seconded by Counci lmember Bell,' that !City, Cauncil ~ apprave theVirginia~Ca.urt-; Extensian subject to. the fallowing,:" that the streetiandthe, 't;urn-araund IItabll be deeded to the city in"feesimple; that a title pal icy be issued to. the city far that street and that tab area; that there bea utility easement'detlicated:ta the:ciity,as shown,on the plat; that all the dacuments bere:\/iewed"and appraved by.staff as to. substance: and by, the city attarney as to. the law; that in sa far as City Caunc n I was ab 1 e to., that there be a 1 ega 1 fee 1 ev i ed against the devel apersof the latsfar the expenses the city incurred for legal "t.ime :spent an this praject; th~t payment af water, sewer and street.fees"as ,allawedby law, be callected fram the develapers; and that, in so far as legally passible, require that same af the trees that are gaing to. be cut dawn be replaced 'ei ther ,i n the ' ri g-ht-af.;.way.: arr. an ,th~' lats : themse 1 ves. Cauncilmember Bell secanded the mation. ~" :. . ;, : '(j-;- Councilmember BeU < sug:ges,tedr that . .insteq~,;i::af the IItabll turn-araund, City Counc.;l require some kind af bulb turn-araund and cansider addressing same af the setback regu1atians. Mike Tanner suggested the city's consulting engineer was present and could' answer "questions relating to. the turn-araund dimensians. ~f ~ l i 80 Regular City Cauncil Meeting and Public Hearing, January 14, ,1991 0\ Dieter, Ufer advised,; that a:nything to. make; the canfiguratian af I' the turn-araund smallerwauld render it nanfunctional far large \ service and emergency vehicles. Cauncilmember Jenkins painted aut L that the turn-around di.d nat ,hav~e to. be that large taa,ccammadate smaller,vehicles. ,I .. , Other discussian pursued relating to. the IItabll. City Attarney Jim Dougherty explained' ;that ,requiring '. fee simple Jar the IItabll turn-araund wauld make it match the street. If aquestian shauld arise fram a difference in the street and the ntab,II" the fee simple wauld settle the issue. Mr. Daugherty recammended that the IItabll functi an as a street because, if thi s is to be a permanent installation, the city wauld need ,to have the:same rights to. the IItabll as to. the street. Jim Daugherty further recammended that the zaning ardinance reads that a lat owner can nat ;include in the building site anything that is within a ,street arexclu's:ivepubliceasement. One way ar anather that IItab" is gaing to. be a street ar an exclusive public easement. Also., the, erdtnanc~ technica,lly calls far the issuance af a permit far whatever canfi,guratien the Cauncil settles upan. Jim Daugherty recammended that Council cansider, amending the matian that was made by CauncilmemberWatsan so that the matian was far the approval af the issuance af a permit and that, further, until these, co.nditians. lare fulfilled. no permitwauld be issued. The City Attarney recammended the farm af the permi t be subj ect:taapprova 1 by ,the Ci ty Manager ,and the City A ttprney . '.. Cauncilmember Watsan amended the mation as fallaws: That City Gauncil 'apprave the issuanceaf a permit far street dedicatian; that the permit not be issued until, all canditjans are met; and the farm af the permi tis approved by the Gi ty Manager and the City Attorney. Councilmember:Redeker secanded the amendment. [ , , The City Attorney expl'a'ined there W.as a, chance" the, final plat cauld be approved by the Zaningi and Planning Cammissian befare all the conditians are met. In that case, the, Zaningand Planning Cammissian wauld not be able to. give final approval (signatures) until, that permit ,is issued,b,ut, the, Cammissjan cauld give canditional appraval befare the permit is issued. The Zaning and Planning Commissian have requirements which they will place an the plat as well. The amendment to. the motion was vated an and carried by the fallawing vate: Vating, Aye: Vating No.: ' Absent: Mayar,Higley.,.Cauncilmembers Bell,~ Jenkins, Redeker, Watson Nane Nane [ After further discuss i an, moti an was maqe by Caunci lmember Redeker, secanded by Caunci lmember Watsan, that, i f t~e II tab II is dedicated as a street, the Council encaurage the Zaning Baard of Regular City Council Meeting and Public Hearing, January 14, 1991 lj.l Adjustment to. give full cansideration to. granting a variance fram the 25' bui 1 dtng setback ;:lines araund the IItabll. Vating Aye: Vating No: , Absent: Mayar Higley ,Caunci lmember Bell, Redeker, Watsan Cauncilmember Jenkins Nane Matian was made by Cauncilmember Jenkins, secanded by Cauncil- member Bell, that the motian far appraval be amended to. require a 45 faat in diametercul' de sac instead of, the IItabll turn-araund. Such matian was vated an and failed by the fallawing v.ote: Voting Aye: Vating No.: Absent: Cauncilmember Bell, Jenkins Mayar Higley, Cauncilmembers Redeker~ Watsan Nane MayarHigley repeated. themain'motian on the table, as fa11aws: That City Caunci 1 approve' the issuance af a permUfar street dedi cati an, such permi t nat to. be issued unti 1 the fo 11 awi ng canditians are met: that City Cauncil have fee simple title to. the street and the IItabll; that the City has a title palicy far the' street and the IItabll; that there isa dedicated utility easement; that the city callect legal 'fees as allawed by law; that the payment of water, sewer and street fees be callected as allawed by law; that 'City CaunciT require the' apprapriate replacement af the trees in the right-of-way: :and ather ,area's!as la110wedand within their jurisdictian; that City Cauncil recammend to the Zaning Baard ,af Adjustment that they': ,tak'e into. serious cansideratian granting a variance far the setbacks around the' UtabU that is to. be dedicated as a street; and that all af the dacuments be reviewed 'and appraved; by s:taff as to. substance ,;and by the City Attarney as to. law. Cauncilmember Bell questions the,: apprapriatene,ssof recammending to. the Zaning Baard af Adjustment that they give cansideratian to. granting a- variance: and,< asked, "that partiQn;:afthe motian be struck. ' After discussian,matian' was made ,by ,Cauncilmember Bell, secanded by Cauncflmember Redeker, ,to. strike thec:po.rt,ian, of ,the motian relating to. a recommendatioH'fta the; ZQningiBo~rd",ofA9justment to. give cansideratian granting a variance far the setbacks araund the II ta b u. " ,,' ~ I I - Voting Aye: Vating No.: Absent: . . Mayor<Higley,Cauncilmembers i. Redeker', Cauncilmember Watson None' ',I , eel),;: Jenkins, Mayar Higley called far a vate an: the main motian. ~~ Regular City Cauncil Meeting and Public Hearing, January 14. 1991 Voting Aye: Vating No.: Absent: WATER WELL #8: , , , Mayar,Higley,Caunci1members Redeker, Watsan Nane Nar:i'e ' ::, l Bell, J,enkins, " Cansideratian was given to. the fa1lawing in cannectian with repairs to. water well #8: , , Apprave repairs to. :Wa ter, We 11,#8,; (a) (b) (c) Autharize Texas Water Wells to. praceed with the repairs; and Authari ze funds be . expended ,from the Water Enterprise Fund far the repairs.. ' Matian was made by Caunci1member Watson, seconded by Caunci1member Redeker, that City: Council .autho.rize Texas Water Wells to. praceed with the repa i rs to Wa te.r' We 11 #8 as recammended by s ta ff and autharize funds be expendedfram:the Water Enterprise Fund far the repairs. COlincilmember Jenkins' questioned the cantractar1s past history with the city. Texas Water Wells are the same cantractar that made repairs to. WaterWell.#7 and did not leave the site as they [ should have. There was' trash, ',l:eftan the site. Other questians . were asked cancerning e1ectdcal work. Mayar, Higley called ,far, at vate an! the matianwhich, carried as fo 11 aws : Voting Aye: Vating No.: Absent: .. '.. Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watsan Nane Nane WATER LINE REPLACEMENT, PRIORITY AREA 2B: ; ',) ...1,'\ ~ Consideratian was given to. Manthly Estimate No.. 6 in the amaunt af $40,137.50 Slibmitted' :>by ,RWL', Con.structi an Inc. .' far wark performed Navember 26 thraugh December 25, 1990, an the water line replacementpraject in'Priority Area,2B.' Matian was made by Cauncilmember Redeker, secanged, ,by Cauncil- member Bell, that City Cauncil apprave far payment Manth1y Estimate, No.. 6 submitted 'by RWL Canstruction Inc. an the water line replacement praject in Priority Area 2B. Vating Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Bell, Jenkins, Redeker, Watson Nane Nane [ Oil Regular City Cauncil Meeting and Public Hearing, January 14, 1991 WAKEFOREST WATER PLANT EXPANSIONiPROJECT: Cansideratian was given to Manthly Estimate No.. 2 in the amaunt af $25,953.22 submitted by Pitt-Desmoines, Inc., far wark perfarmed December 1 thraugh December 25, 1990, an the 500,000 gallan pedestal type elevated starage tank. Matian was made by Councilmember Redeker, secanded by Gauncilmember Bell, that City Cauncil apprave far payment Manthly Estimate No.. 2 in the amaunt af $25,953.22 submitted by Pitt-Desmai nes, Inc. ,for wark 'performed an the' 500,000 gall an elevated starage tank. Vating Aye: Vating No.: Absent: Mayar Higley, Councilmembers Bell, Jenkins, Redeker, Wat'san, Nane Nane SANITARY SEWER RENOVATION, PRIORITY AREA 3: Cansideratian was given to. ManthlyEstimate No.. 8in the amaunt af $478,414.00 submitted by Gearge M. Canstruction Campany, Inc., far wark perfarmed Navember 26 thraugh December 25, ,.1990, an the sanitary sewer renavation praject in Priarity Area 3. . l --1 Matian was made by Caunci lmember, Wa'tsan, seconded, by Caunci lmember Redeker, that City Cauncil apprave far payment Manthly Estimate No.. 8 in the amaunt af $478,414.00 ,submitted by Gearge M. Canstructian Campany, Inc. Vating Aye: Vating No.: Absent: Mayor Higley, Councilmembers:Bell, Jenkins, Redeker, Watsan None, Nane ENGINEERING SERVICES FOR UTILITY RELATED, PROJECTS: Cansideratian was given to. the' iinv'oices total itilg ,$21,007.06 far engineering services in cannectian with the fallawing utility related prajects:" ',' ~ J , . . (a) InvaiceNo~ ,6343 in the amaunt of $8,519,73 far Sanitary Sewer Renavations in Priarity Area 3; (b)' Invaice No.. 6344 in theamaunt af $11,913.89 far the Water Line Replac'ement!IPraject in Priority Area 2B; and (c) Invaice No.. 6345' in :the amaunt 'af$573.44 far the Wakefarest Water Plant Expansian praject. Mati an was made by Caunc'ilmember Redeker, secanded by Caunci 1- member Bell, that the invoices tataling $21,007.06 submitted by Langfard Engineering Inc., be approved far payment;as listed. M4 Regular City Caunci1 Meeting and Publ ic Hearing, January 14, [1:9:91 Vating Aye: Voting No.: Absent: 1986 BOND PAYMENT: 'i : ~ Mayar H.igl ey,Caun.c:i 1 members: Bell, Redeker, Watsan None, Nane, J,enkins, l_ '-, ~ .: , ,I: Cansiderati,on was: g:iveo, '"to. the invoice in the; amaunt af $419;725.00; ,submitted "by. first. City Bancorpara,tian af Texas representing Principal iin,theamaunt af $260,000 and Interest in theamaunt af $159,725.00. , " I, Matianwas made by Cauncilmember Jenkins, secanded by Cauncil- member Redeker, that ,C',ity ,Council, apprav~ far, payment the invoice in the amaunt af $419,725.00far,;:pr;incipa1 and interest due an the 1986 Band Issue. Vating Aye: Vating No.: 'Absent: : I LEGAL SERVICES: 'i Mayar Higley, Counci1members Bell, Jenkins, Redekers Wat$an Nane None, '."; .) Cansideratian was given to. the invaice in the amaunt af $2,616.90 far legal services pravided an the, city's behalf far themanth af December 1990. l , . Matian was made by Cauncilmember. Redeker,$eco,nded by Cauncil- member Bell, that the i nvai ce for i ega 1 servi ces be approved far payment as presented. Voting Aye: Mayor Higley"Councilmembers B.ell, Jenkins, Redeker, Watsan Vating No.: Nane Absent: ' Nane' Cansideratian was given to Change Order No.. 1 in the amaunt af $1,205.00 to. be added to. the Ultimate Landscaping cantract far 1 awn and ,1 andscapema i ntenance.:,:~,Staff recammendeq increasing the frequency af ane additianal mowlng, ~nd edging cycle far certain praperties and one additiana1 mulching of certain areas. Moti an was made by iCauncnm~mber Redeker, secanded by Caunci 1- member Bell, that City Counci 1 approve Change Order No.. 1 to the Ultimate Landscaping cantract. Voting Aye: Voting No.: Absent: Mayor Higley, Cauncilmembers Bell, Jenkins, ,Redeker, Watson 'Nane None', I [ 'lJ 'U/ Regular City Cauncil Meeting and Public Hearing, January 14,1991, CITY HALL NEEDS ASSESSMENT: Consideratian, was prapased to. ;autharize an 'architectural firm to. p,raceedwith a needs assessment for. city ha.l.l renavatians. Matian-was made by ,Cauncilniember, Redeker, secanded by Cauncil- member Bell, that City Council pastpane cansideratian of city hall needs assessment until the warkshap sessian is recanvened. Vating Aye: Vating No.: Absent: Mayor Higley, Cauncilmembers Bell, Jenkins, Redeker, Watson Nane None CITY COUNCIL MEETING MINUTES: Cansideratian was given to. the minutes af the fallawing city cauncil meetings: (a) Regular City Cauncil Meeting and Public HearingQn December 10, 1990; (b) City Cauncil Warkshap Sessian an December 17, 1990; and (c) City Cauncil Regular Sessian an December 17, 1990. Matian was made by Caunci 1 member Redeker, seconded by Caunci 1- member Bell, that the City Cauncil minutes be appraved as submitted. Vating Aye: Voting No.: Absent: Mayor Higley, Cauncilmembers Bell, Jenkins, Redeker, Watsan Nane Nane COUNCIL COMMENTS: Mayar Higley congratulated City Secretary Audrey Nichals an earning State Recertificatian thraugh the Texas Municipal Clerks Pragram at North Texas University. Mayar Higley reparted the Hauston Independent Schaal District was cansidering an alternative site far the relief schaal of nine acres at Kirby and Braeswaad. STAFF REPORT: City Manager Mike Tanner had nathing further farCauncil' s ' cansideratian at this time. ~ I --' 86 Regular City Cauncil Meeting and Public Hearing9 January 149 1991 ADJOURNMENT: I- I I L With no. further business to.. come before City Cauncil at this time, mati an was made by Caunci lmemb.er~ ,Watson, secandedby Cauncilmember Redeker, that the regular sessian adjaurn to. recanvene the workshop sessian. Such motian carried and the regular. sessian was adjaurnedat 9:50 p.m.' , ' Laura C. Higley Mayar ,'- , I , I;~ v' I L ,. I I L 04 CITY' COUNCIL WORKSHOP SESSION MONDAY, JANUARY 28, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. *******************~******************** City Cauncil canvened in warkshap sessian in the Muni,cipal Building, 3800 University Boulevard, fn the City af West University Place, an Manday, January 28, 1991, with the fall awing members present: Mayar Higley, presiding; Counoilmembers Bell, Jenkins and Watsan. Cauncilmember Redeker arrived 'at 6:37 p.m. Also. present were the City Manager, City Secretary,' City Attorney, Directar af Finance and Administration, Deputy Director of Public Warks, the Fire Chief, Chief af Pal ice and the Directar bf Engineering and Canstructian. AGENDA REVIEW - DISCUSSION:ONLY: The members af City Cauncil reviewed the regular agenda items. Discuss i an i nc luded, among' athers, the purchase af trees far beautificatian af the city. City Cauncil agreed, if purchase was appraved, the trees should be plante,d anly in streetright-af-way areas. MATTERS RELATING TO ORNAMENTAL STREET LIGHTS - DISCUSSION ONLY: Ray White and Tam Tamlinsanwith Haustan Lighting, and Pawer Campany were present. Mr.' , Taml i:nson reported that s ta ff had appraached him cancerli'd ng an alternate ;type af street 1 i ghti ng, an arnamental standard. The light., wauld be a 9500 lumen high-pressure sadium light ,and, is what HL&P is installing naw where lightsfai 1. Mr. Taml insand,istri buted phatas 'af the arnamental streetlights and explained that what was befare Coun.cil : was a resid'ential, 1 ight nat suitable far, thoraughfare lights. A trial ,'installatianwill be mad;e :onee:1mont between Sunset: 'and'Natti nghamat ,no. cost to. the, c.ity:.: Mr. Taml i nsan 'explained that HL&P was not making! a formal after at this paint.' The 1 i ght'company wauldeva 1 uate' and ,analyze the performance af the standard' and whether i.t is ,acceptable to. the city. HL&P was interested to. see what prablems might be . encauntered with the ins ta lla ti offland how mucb ma i, ntenance there will be. HL&P wil'1have to, devel ap" a, 'rate for the arnamenta 1 1 ights shauld the city decide to. install them. There are 306 lights that cauld: be replaced at a ball-park estimate af $300,000. MATTERS RELATING TO PARKS BOARD AND FRIENDS BOARD AND A RELATIONSHIP WITH THE PTA AND THE PARKS AT WEST UNIVERSITYELI:.MI:.NIAKY ~(;HUUL: I _I d ~~. Dave Agertan discussed with :Cauncil whether to. pursue a relationship with the PTA and the Parks Baard to. help strengthen appllcatians for,.'park, grants.- It mignt le_ad ,to. the, develapment af playgraund areas behind the schaal. 88 City Caunci1 Warkshap, January 28, 1991 Mayor Higley inquired, if maneyc;:o.11ected would be part af HISD and if it wauld divert funds fram the develapment af the JMH and Colanial Park. Mr. Agerton explained the Parks Baard wau1d specify funds far specifiC parks.' ,He thaught a re1atianship with the PTA wauld strengthen development af JMH and Ca10nial Park rather than delay it. Mr. Agerton was asking far permissian to. wark an the relatianship far better parks. It was suggested that if ,there, was interest in a specific praject, th~ Parks Baard could came to City Cauncil attha,t time. It was also suggested that a relatianship with the ,West University E1ementarywauld shaw a broader based cammunity suppart. A questian arose as to. what priaritywould the parks at, the schaal take over the JHM s i.te and Co. 1 O-ni a 1 ,Park. Mr. Agertan ex:plained it wauld natdelay,the~ deve1apment of West University parks, however, samething wau1dhave to. be structured. There wauld be no. diversion af city funds. City Council cancurred that the city wau1d benefit fram the Parks, Baard's effarts thraugh the elementary schaal. ' MATTERS RELATING TO DONOR PLAQUE, PRESENTATlQN FOR THE TREE CAMPAIGN: Mr. Agertan presented ap 1 aque for" city ha 11 hanari ng the donars to. the Tree Campaign. MATTERS RELATING TO FUEL PURCHASE ...DISCUSSION ONLY: City Manager Mike Tanner explained to. Caunci 1 that staff had prepared estimated expenditures and an ana1ysi s of the city's needs far fuel purchases. Previausly staff had informed Caunci1 that the undergraund tanks had deve1aped leaks and wau1d have to. be replaced. Cansideratian was given to. privati:z;atian and off-site fuel supply. Staff members, who. worked on the analysis were Donna Sims, Terry Stevens,an and Jerry Burns. Mr. Tanner invited them to. review the analys.iswith Council. ' It was staff's recammendatian to. move forward with remaval, cleanup and replacement af the present fuel distribution system. ,Replacement was the mast beneficial to. the city cansidering cast, efficiency and safety perspectives. The cast af fuel a1ane wau1d result in a 25% to. 35% savings annually tal the city. Cauncilmember Bell cammented,it was, an excellent study, hawever, the results appeared cantrary to what everyaneelse was daing. Cou'ncilrnember Bell did not:;want to. put the tanks back at the same locatian and wauld ratherreJacatethem to. Westpark Drive at least until Cauncil can decide whether to., privatize ~a1id waste aperations. Staff 'advised that' above-ground tanks were prahibited by the city's ordinances and by the Fire Code. The existing tanks will have to be remaved arid to replace the tanks at the same 1 acati an would nat involve anather excavation. Staff reported the number af services statians that were contacted and in each case the city I s fuel purchasing capaci,ty wasnat enaugh' to. "go. beyand a i I I I '-- [ I I L City Cauncil Warkshap, January 28, 1991", OQ7 reta i 1 pri ce. A mon-i tortng sy.stem was i nc 1 uded in the pri ce af the new tanks. Mr. Tanner painted aut that, the si,te an Miltan Str~et wauld be there a lang time. ,The water,plan,t can nat, be maved even 'if vehicles were moved to., anather location. The tanks can be replaced' at the samelacatian at a savings to the city. Staff is asking far directian. . \" Cauncilmember Bell inquired if. staff was infarmed whether the EPA wauld cansider the, clean...up one site or i four. Staff explained that decisian wau,ld depend an the extentaf the spill and cauld nat be determined until the tanks are remaved. Cauncilmember Jenkins'suggested a decisian be deferred far a short time :t;asee i fan aff~sitesupp'li er caul d ,provide the, fue 1 to. the city at a savings. ~ J After further discussian, it -was' determined that the .cancurrence af three members af Caunc.i 1 was: far the city to. pravi de its awn fuel starage with Councilmember"Bell and Councilm.embe,rJenkins in appasition. City Cauncil further agreed that the tanks wauld be replaced at the same" ,lacatian,.however, Cauncilmember Bell was appased to. the plan. '..' ~ Cauncilmember Bell reparted that Coca Cala, ,Jack Raach Fard and River Oaks'Chrysler...Plymauth were nat putting in tanks at their lacatians and he'wasappased to., the citydai,ng"sa. MATTERS RELATING TO TREES: PURCHASE OF TREES - D.ISCUSSION ONLY: .. M: < , ' .~. c :~ Mr. ' Tanner: .advisedthat '.Councilmember BeB has,prapQs~d the city purchase trees far beautif.icati,an .af Academy and, :Bi,ssa,nnet at the Eaistern Star lacati,an and Stella, LinkjWeslayan at the' Cellar Daar 1 acation.' Ii It was the consensus af City Counci 1 thilt the prapasaJ waul d be acceptable to. them sa 1 angas the, trees' were p lan.te~ ,in the street rights;.af-way. ::CouncilmemberIBell'agrreed .:ba remove crepe myrtles prapased far planting an private praperty. The pr,OPQsal included; the remava 1 of two. existing trees lacated in the Academy' right-af-way nearBra.wnin~:':and. t(j)r,eplace them:, with "live aaks. The cost af the p'raject~wases;t:imated i at $8:t~75.00,. Ul timate Landscaping:wauld plant the trees and maintain them for ane year. Mayar Higley recessed the warkshap sessian at 7:30 p.m., to. canvene in regular sesston. ",': :,' J ,', . I . _ . _ ~. I" I At 9:10 p.m., MayarHi:gley irecanvened the 'work~hap:;sessian with the fallowing present: Mayar Higley, presiding; Cauncilmembers Bell, Jenkins ,.! Redeker and.. Watsan. Also. present were, the City Manager, City Secretary, Director '6fFfnarice and Administratian, Director af Public Works,: ~the,Chiefo.LPalice." :the, Fire Chief and the Directar af Engineering ,and Construction. 90 City Cauncil Workshap, January: 28, :1991. MATTERS RELATING'TO PUBLIC WORKS FACILITY,.. DISCUSSION ONLY: Mike Tanner presented issued relating to the beautification, expans ian, deve lapment and passi b le re laca ti an ,af the Pub 1 i c Warks Center" privatization ofsol'id;waste services, fuel storage and vehicle' maintenance. . "Mr. ,Tanner, asked far, ,d:irectian fram Cauncil. Staff visited 'with two.; contractars far garpage service and it seemed feasible that the City could save maney by privatizatian af this service. Caunci 1member Redekerquestianed haw long the savings waul d be effective. She did not think the res.idents wanted private garbage service. Afterdiscussian;iLwas decided that Caunci1wauld meet with the RecyClirigCommittee. -, A-lpossible' survey af~cityservices was discussed and Council was agreeable to. the City Managerpraceeding with a draft for their review. Mayar Higleyrecammended that Caunci1-autharize the: survey,:- cansider halding a public hearing an solid waste privatization. Staff would abta i nactual casts for private service befare CounciL.cansiders renavatians to. the public warks center. Staff. was., instructed: to. get the cast ~.fa survey and report back to. Cauncil.~ ' Cauncil did agree that the public warks center needed to. be cleaned up and screened. ' MATTERS RELATING TOTREES-' DISCUSSIONcONLY: Mike Tanner reparted that trees have became asubstan.tia1 issue. He recammended CounCi 1 agree on a process and an what bas i s we wi 11 ina'kedeci s ions'. He suggested a pragram bedeve 1 aped far appropriate planting considering whatever liabilities to. the city there might be. .Mr.Tanner recammendeda team af callege students beutilized,p at anestiniated ,expense af $3,000 to. $5,000, to. inventary the city street by street and black by b1ac,k and make a recammendatian far planting in the street rights-of-way. The team cauld give a better picture af,what the costs wauld be to. finance a tree' pragram. · City ,Cotlnci 1 agreed, the project waul d be beneficial. ReidWilsan, . Chairman of the Zaning, ,and Planning Cammissian, was present, and reported that the cammissian had been laaking at tree issuesandwauldpresent same ideas to. Cauncil. Mr. Wilsan suggested Cauncilreview ordinances currently in effect and'decide if additional, regulations were needed. Mr. Wilsan suggested cansideratian, be ,givetl to. hiring an urban. farester. Mr. Wilson was advised that he shauld came back to. Cauncil with a letter af recammendatian fram the cammissian. Mayar Higley announced that Linda ,Day and Diane Freeman wauld be present an February 11 works hap to. make a presentatian af the planting and preservati~naf tre.es. MATTERS RELATING TO LOT SIZE IN SUBDIVISION - DISCUSSION ONLY: Di'scus'sian was held between' City Council and Reid, Wilson relating to. the minimum lat size~ndthe subdivisian af lots. Mr. Randy [ [ [ :1.1. City Cauncil Warkshap, January 28, 1991 ' Bullard awns a lat at the carner af Carnegie and Buffalo. Speedway. He _ was present and explained that he owned a lat that was 100 faat acrass"thefrant'and 150 feet deep: facing an €arnegi e'. He' has a ga'ragea'partment which faces anCarnegi e and he'wanted to. subdivide the latto Section aff the back portion. It was the questian af Cauncil whether Mr. Bullard's lat was ariginally platted as ane lat or two.. Mr. Wilsan advised that the lat was ane lat and it had always been ane lat. In 1985, the grawth and redevelapment in the city was to. the extent that City Cauncil requested the Zaning and Planning Cammission to. study a way tacantral subdividing lots. The cancern was density. Since the adaptian of the revised zaning ardinance in 1987, the minimum lat size was established at 75 feet by 110 feet and side setbacks were increased. Zoning and Planning discussians on the issue cantinued far aver two. years and public hearings were held befare the revised zaning ardinance was adapted. After 1987, Mr. Bullard was nat able to. subdivide his lat. The City Manager suggested that the Zaning Baard af Adjustment might have the autharity to. grant a variance for subdividing a lat, but Mr. Bullard might nat have graunds far a variance. It was decided that staff wauld research whether the Zoning Baard of Adjustment had the autharity to. grant a variance far subdivisian af 1 ats . COUNCIL COMMENTS - DISCUSSION ONLY: Mayar Higley reparted she received a camplaint abaut the cable TV service. Cauncilmember Beli was concerned aver the placing af the cable TV pawer, baxes throughout the city. Mayar Higley recammended that Leanard Draper with Warner Cable be invited to. came to. the next cauncil meeting to address same af Cauncil's cancerns. Mayar Higley suggested that Cauncil accept the Traffic Cammittee's recammendation and appaint Frank Perrane to. the cammittee at the next regular meeting. Cauncilmember Bell inquired as to. haw many days a week the street sweeper ran. Staff advi sed that the street sweeper ran 4 days a week, 8-haur days, except when the street sweeper was being repaired. Cauncilmember Bell thanked the Chief af Palice far his department1s assistance. He suggested a praclamatian be sent to. a lacal real estate agency for distributing American flags to. praperty awners in the city. It was the cansensus af Cauncil that praclamatians to. cammercial establishments might create a prablem because sa many cantributed. The cancern was that ane business might be inadvertently ammitted. STAFF REPORT - DISCUSSION ONLY: '> l Mike Tanner suggested the Traffic Cammittee petitians should came to. City Hall and authari ze them to. praceed as apprapri ate. with the suggestian. be advi sed that all City Cauncil cauld City Caunci 1 agreed 92 City Caunci 1 Workshap', January_ 28, 1991 ADJOURNMENT: ; With'na further business to. came before City Cauncil at this time, mati an was made by .Cauncilmember-Watson, secanded by Caunci lmember Redeker., that the warksbap session a'djaurn. Such mation carried and the workshap was adjaurned at 10:25 p.m. Laura C. Higley Mayar " , ~.~ AudreY Ni ' '15 . .. 'City Secretary I L- l tlt3 ] REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 28, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY ~LVD. 7:30 P.M~ **************************************** City Cauncil canvened in regular sessian in the Municipal Building, 3800 University Baulevard,in the City af West University Place, an Manday, January 28, 1991, with the fallawing members present: Mayor Higley, presiding;Cauncilmembers Bell, Jenkins, Redeker and Watsan. Also. present were the City Manager, City Secretary, City Attarney, Di rectar ofFi nance and Admi nistrati on, Di rectar af Public ,Warks, the Fire Chi~f, the Chief af Palice, and the Directar of Engineering and Canstructian. Cauncilmember Redeker delivered the invacatian and led the Allegiance to. the Flag.' " ;' , , Mayar H'igley administered th~ '.Oath of Office to. Larry Massey and Nancy Bradfard who. were appainted' to serve an the Friends af West U Parks Baard. HEARING OF RESIDENTS: ] Mayar Higley invited residents to. speak who. had matters they wished to bring to the attentian af the City Cauncil which had nat previausly been submitted to. ,the 'C:ity Manager. ,I , ; J..!:~. ; Jane Braezeal, 4019 'Rice, Cha:irman af the Seniar Services Baard, reparted the uphal stery in the seniar van was tarn and needed to. ,be replaced. Mayar Higley thanked Mrs. Braezeal far her comments and asked staff to. -inspect the van to. see what caul d be dane. ' , DaY'athy Reiger, 6516 Bramptan , 'wanted to. speak on, the same issue as Jane Braezeal. J Jane McBri de and Ruby Eubanks, af the 3800 block af Sunset, 'reported flaoding an their .block and: asked that the c.ity try to. help remedy the s,ituatian. ",Mike, Tanner' advised that he had autharized staff tatequest, Steve Radack1s office to assist city crews with the appropriate equipment needed to. alleviate the 'prab 1 ~m. Jahn Fafautakis, 3728 - Darcus,a ,Sauthside Place, resident, spake against the prapased 25 mph speedlimit~ He suggested the real prablem was with the jaggers, walkers, and baby strallers in 'the streets.: M'r. Fafautakis.suggested that the speed limit an Buffa 1 a Speedway be "changed to. 35 mph wi th a 40 mph enforcement level. ';" Teresa Fagler, 3610 Sunset, spake cancerning lat subdivisian. Ms. Fagler stated the city's ardinance set out restrictians on '.. , ~ 94 Regular City Caoncil Meeting, January 28, 1991 subdi vi di ng lots and she felt the whole city benefi ted when these laws are upheld. Andy Mass, 2601 Casan-, asked- Ci'ty Caunc i 1 to. fi nd aut why the city had no. flaad plain map. l CITIZENS RESPONSE TO AGENDA ITEMS: MayarHigley invited residen;ts who. wished to. address ,a specific agenda item to. speak at.this time. ' Chuck.;GHlan, 3620 Georgetaw~,spok~, against the install:atian af a traffic cantral device at . the corner af Werlein and Kirby Drive. . He visited with same of the residents an Werlein and they were not amenable to. cansider,inga nNa Right Turnll sign ar a nOne Way Street II s i gnas :passJb le alt,erna t i ves . Mr. Gillan thaught Cauncil shauld give ca~sideratian to the alternatives. Bab Parks, 3752 Plumb,spoke~againsta traffic cantrol device an Werlein. He thaught it would --anly put more traffic an Casan Street. There were residents in ather parts afthe city who. wauld, arwha have already, requested their streets be clased. Haw did Cauncil plan to. deal with thase issues? If Cauncil decided to. clase Werlein to. matar vehicles, Mr. Parks thaught the residentsshauld have to. pay far, the closure and the maintenance. Lee Thampsan, 2605 Werlein, lives at the carner an Kirby. Mr. l- Thampsan camplained abaut the increased traffic an Kirby. The ' Werlein residents were ~nanil!lausly in 'favor af the insta11atian af a traffic cantral deVice there. . . Andy Mass, 2601 Casan,' 'was nat infavar of the W,erlein clasure and thaught it wau 1 d increase tra ffi c an Casan Street. He was cancerned far safety when a garbage truck has to. back up to. leave the s-treet. There are cars parked an bath si des af the street mastaf the time. Charles Spencer, 2634 Cason, expressed his cancern far cut-thraugh traffic ,an Cason. He urged better pal ice enforcement an stap signs. Mr. 'Spencerdi:dnot think tax maney shauld be spent on the Werlein Street closure. Jae Studlick, 5321 Sewanee, suggested Cauncil pastpane making a decisian an Werlein Street until a camplete study cauld be dane. He suggested the traffic light an Kirby at Werlein might be better regulated. Ralph. Pakluda, 5320Sewan~e"requested Cauncil be equitable on street clasures. He thaught the guidelines far Werlein were inadequate and did nat think naw was a gaod time to. make a decisian. Sania Myers, 2602 Werlein, explained the street had been clased far seven manths anu nabady had camplained until tanight's [ OUl Regular City Cauncil Meeting, January 28, 1991 ] meeting. Ms. Myers thought Werlein was a special situatian because the street was anly two. blacks lang. Jaan McCay, 3029 Carnegi'e, 'stated that if Werlein was clased to. thraugh traffic, she wauld want Carnegie clased. She urged Cauncil to. be very careful befare a precedent is set to. clase streets. Arne Jahnsan, 2606 Werlein, spake in favar of the traffic contral device. Larry Weise, 2615 Werlein,' exp,lained the process to. black Werlein had been gaing on fo.r a'long time. The residents an Werl ei n polled the, res i dents an Casan and di d not find anyone who. abjected to. the clasure. Werlein is a unique prablem. Allen 'Rice, 2727 Werlein,' spoke in favar af the traffic cantral device. Pat Weise, 2615 Werlein,' spake in favar af the traffic cantral device. She repartedan' the' ,;importance af the' pracess the residents an Werlein'had,~ane through and had heard nacamplaints unti'l tanight. ' i , ' ] Lauis Barragan, 2612 Werlein, spake in favar af the traffic cantral device. Harry Gaetzman, ;'2617'Werlein, spoke' in favar af the traffic cantral device an Werlein Street.'; . ' Jay DeLaveaga, , 3217 Rabinha'ad, :'sLiggested the'peaple an Werlein deserved same relief but she was against clasing,thestreet. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: ., ;..' Item No.. I 10, Matters Re-'lating to ,Purchase.' of, Trees, :was remaved from the cansent agenda. . CONSENT AGENDA: , ,J Matian was made by Caunci lmember Redeker, secanded, by Caunci 1- member Jenkins, that with the exceptian of Item No. 10, the cansent,agenda be appraved in accardance with staff recammendation. . , :. > : :' . Va~ing Aye: Voting No.: Absent: Mayar Higley, Cauncilmembers Bell, Jenkins, Rede'ker, Watsan Nane 'I :1' Nane J , ' RESOLUllOw APPOINTING MUNI€IPALCOURT ASSOCIATE PROSECUTOR: ' Cansideratian was given to. Resalutian 91-02 as fallows: 96 Regular City Cauncil Meetil')g., January 28, ,1991 RESO~UTIONNUMBER91-02 [ ;"t <." RESOLUTION APPOINTING MUNICIPAL COURT ASSISTANT PROSECUTOR ,AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. , , WHEREAS, Thamas B. Taylar Judge and Candelario Elizando was a.f the Municipal Co,ur,t af the Place; and , , was appointed Presiding appainted Assaciate Judge Cityaf West Uni ve.r;s i ty WHEREAS, Jae W. Bailey, II" was. appointed Chief Prosecutar of the Municipal"Caur;t of the City afWest Un-i versity Pl ace; and ( , WHEREAS, the City Council has reviewed each appaintment and has determj,ned, .that the appoi ntment 'of the Assistant Prasecutar shauld be made. WHEREAS, the Ci ty: Man!ig~r ,and ;the Ci ty Attarney have each indicated to. the City Cauncil,tha.t, to the extent they may hav.e the responsibi 1 ity: under the City CharterQr state law, they apprave' and appoint Robert. M." Crain as Assistant Prasecutar. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COWNCIL OF THE CITY Or WEST UNIVERSITY PLACE, TEXAS:, [ Section. 1. That Rab~rt M~ Crain is hereby appraved, appai nted and canfi qned,as ; Assistant Prasecutar.af, the Municipal Caurt af the City af West University Place. Sectian 2. ThafRobertM. Crain is hereby vested with all pawers and, ,duties as. set forth in the Charter af the thy af West University Place, !ind the Statutes of,' the State af Texas pertaining to. his appaintment. Secti an 3. That the appointment made by this resalutian shall take effect immediately upan passage and approval' hereaf. Sectian 4. Tha;i the Assistant 'prasecutar 'af the a'bave named Municipal Caurt ,shall receive as campensation far his duties the amount as may be .autharized by the City Cauncil fram time to time. Secti an 5. All resa 1 uti ons and parts af resa 1 uti ans in conflict herewith are hereby repealed to. the extent of the conflict anly. [ 'VI Regular City Cauncil Meeting, January 28,1991 l Sectian 6. If any ward, 'phrase, clause, sentence, paragraph, sectian ar ather part af this resalutian ar the applicatian thereaf to. any person ar circumstance, shall ever be held to. be invalidar uncanstitutianal by any caurt af campetent jurisdictian, the remainder af this resol~tian and the 'applicatian af such word, phrase, clause, sentence, paragraph, secti an ar ather part af thi s resa 1 uti an to. any ather persans ar circumstances', shall nat be affected thereby. ' Section 7. The City Cauncil afficially finds, determines and declares that a sufficient written notice af the date, haur, place and ~ubject of each meeting at which this resolution, was discussed, cansidered ar acted upan was given in the manner required' by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art~ 6252-17, as amended, and that each such meeting has been apen to. the publ ic as required by law at an' times' during such discussian, cansideratian and actian. The City Cauncil ratifies, appraves and canfi rms such nati ces and the cantents and pasting ~h~reaf. ' 28th day af J Signed: I , ~Laura G.- Hig.1ey, Mayar, ATTEST: Audrey Nichols City Secretary Appraved as to. Farm: ( SEAL) James L. Daugherty, Jr. ,! '," City At:t.arney' - I I Mat i an was made by Caunc i 1 member Bell, secanded by Caunc i 1 member Jenkins, that ResalutianNumber.91~02' be, adaptedaspr:~,sented. l Vating Aye: Vating No.: Absent: Mayar Higley,Cau'n.cHmem,bers Redeker, Watsan None Nane , ' Bell ,: Jenkins, \1. Mayar Higley adminstered. the, Oathaf Office to. Rabert Crain. 98 Regular City Cauncil Meeting, January 2.8,1991 Matian'was made by Councilmember Bell ,secanded by CQ,uncilmember Watson; that City Cauncil autharize and approve ,theinstallatian af a traffic cantral,device, asauthaHzed by Sectian 13.106 af the Code of Ordinances, 'at. ,the,.comer af Werlein Street at Kirby Drive; such traffic cantrol device to be designed to require that thraugh:traffic of :mator,~vehicles nat be allawed: upan ar aver Werl ei n Street at the i ntersecti an af Ki rby Dri ye;' and, further, that the residents an Werlein Street bear the cast af the installation. I' L MATTERS RELATING TO WERLEIN.STREET: Voting Aye: Vating No.: Absent: MayarHigley" Cauncilmembers B~ll, Redeker, Watsan Cauncilmember Jenkins Nane Cauncilmember Redeker stated that she believed ,Werlein to. be a special situation. She wauld never vate to' clase Bramptan Street and considered Rutgers to. be a thraugh street. Werlein, being anly two. blacks long and being right at the, ,corner af Kirby Drive befare it intersects Bellaire Baulevard created a special s ituati an. Cauncilmember Bell agreed and stated he cansidered Werlein to. be exactly like Brawning Street. Traffic cutting thraugh an Werlein l to. avaid the traffic light at Kirby Drive and Bellaire Baulevard had a great impact on that street and the Astrodome participants - were using Werlein far ,that reasan. Cauncilmember Bell suggested the city needed a master plan. Cauncilmember Jenkins . stated the peaple on Cas an Street did have increased traffic after Werlein Street was blocked. He thaught the peaple on Werlein enhanced the quality of life on. their street at the expense af the peaple an Casan. Cauncilmember Jenkins reviewed the peaple an Casan he had visited with and the majarity of them were nat in favar af the Werlein Street clasure~, SANITARY SEWER EMERGENCY REPAIRS, 4100 BLOCK JUDSON AND EMORY: Consideratian was given to. staff's recammendatian to. award the canstructian cantract far emergency repairs to. the sanitary sewer line in the 4100 black af Judsan and Emary. Staffrecammended that-the contract 'to. replace the 1011 sanitary sewer line be awarded to. the low bidder, Whitelak, Inc., at the bid amaunt af $107,839.00. Matian was made by Cauncilmember Redeker, secanded by Caunci lmember Jenki ns, that City Caunci 1 , ,accept staff's recammendatian and award the cantract to. replace the sanitary [ sewer, line in the 4100 blQck of J.udson and Emary to. Whitelak , Inc.. in the amaunt af $107,839.00. Regular City Ca'uncil Meeting" January 28, 1991 vv Vating Aye: Vating No.: Absent: Mayar Higley,Cauncilmembers Bell, Jenkins, Redeker, Wats'an Nane Nane , WASTE WATER TREATMENT PLANT FACILITY 2411 OUTFALL LINE: Cansideratian was given to. request far partial payment in the amaunt of $29,385.00 submi tted by Bearden Cantracti ng Campany far work perfarmed an the repair to. the 2411 autfall line at the Waste Water Treatment Plant Facility. Staff recammended payment,ifor work'campleted to date." The repair to. the 2411 line had been campleted"andin use as"of December 15, 1990. The final cleanup and replacementaf the>asphaH jogging trail was nat campleted due to. weather conditians beyand the cantractars cantral. Matian was made by CauncilmemberRedeker" secanded by Cauncil- member Jenkins, that City Cauncil, autharize payment af $29,385.00 to Bearden Cantracting Campany far warkperfarmed an the repair to. the 2411 outfa 11 1 i ne at the Was te, Wa ter Treatment Pl ant Fac i 1 ity. Vating Aye: Vating No.: Absent: 1983 BOND PAYMENT: Mayar Higley,Councilmembers Bel1-, Jenkins, Redeker, Watsan Nane Nane' , Cansideratian was given to. the invoice in the amaunt af $252,561.50' submitted by" First <City Bank, Texas far principal, i nteres't and agent fees - due arl,' the' 1983 band'; ssue. ' Motion >wasmade by; taun.ci 1 member , Redeker, seconded by Caunci 1- member Jenkins, thattheinvaicein the amaunt af$252,561.50 submitted by Fi rst Ci ty Bank, Texas be approved far payment. ' Vating Aye: Vating No.: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watsan Nane Nane .,;L, , MATTERS .RELATING 'TO; PURCHASE OF TREES: Consideration was ~iven:i to! autharize expenditure of funds, 'estimated at $8,975.00, far the ,purchase af trees:,a.s fallows: l' . i "I \ - Eighteen live aaks in Stella Link right-af-way east af the Cellar Daar parking lat , - Seven 1 ive aaks to. be 'planted ,in ,Weslayan 'rtght.-:of-way west af the Cellar Daar parking lats. These live aaks will have a 3 inch caliper trunk and be planted every 30 feet. 1. IOU Regular City Council Meeting, Ja'n.uary 28, 1991 2. - Fi fteen crepe my,rqes to be pl anted in Bi ssannet right-af-way narth af the Eastern Star. The multi-trunk crepe myrtles wi 11 be 8 to 10 feet tall and planted every 13 feet.' 3. - Two. existing trees lacatedin Academy right-af-way near Brawning will ,be replaced with ,1 ive aaks. The live aaks wi 11 have a 4 inch ca li per trunk and be p 1 antecJ 30 feet apart. Ultimate Landscape will'plantand,maintain the trees far 1 year. Matian was made by Cauncilmember Bell, secanded Cauncilmember Jenkins, that City; Cpuncil authQri ze ,t.he expenditure af$8,975 far purchase: and planting': ;o:ft:trees,;(is liisted, such trees must be planted in street right-of-way. ,".' \ I L Vating Aye: Mayar Higley, CouDcilmembers Bell, Jenkins, Redeker, Watsan Nane iNane Vating No.: Absent: CITY COUNCIL MEETING MINUTES: Consideratian was cauncil meetings: give to. the minutes af the fallawing city (a) Regular City Cauncil Meeting ,and Public ,Hea~ing an January [ 14, 1991; and (b) City Cauncil Warkshap Sessian an January 14, 1991. " , " Matian .was made 'by Ca'uncilmember Bell, secandedby Cauncilmember Redeker, that the minutes be appraved as submitted.' , Vating Aye: Vating No: Absent: Mayor Hi gl ey ~ Qauncilmem~ers Bell, Jenki ns, Redeker,Watsan' ' .,;- Nane, Nane COUNCIL COMMENTS: , , Cauncilmember Watson inquired if, staff had a pragram to. clean aut the starm sewers. Mike Tanner reparted it had been discussed. 'Hawever, when the s tarm. sewers were cans tructed! they were nat canstructed to. grade. In most cities a gaad rain will clean the system. Mr. Tannerrecammended City Caunci 1 and' staff laak at retaining walls, lot grade raising' and, starm sewer cleaning and prepare a gaad pragram. Caunci 1 member Redeker remarked a. ci ti zen an Marquette cantacted :her abaut a flaading prablem. '! [ .LV.!: Regular City Cauncil Meeting, January 28, 1991 Cauncilmember Bell cammented there was a retaining wall at a hause an Academy at Tennysan and the wall was canstructed afwaad. It was his understanding that a waod retaining wall wauld nat be all awed. Staff would check an it. . Mayar Higley reparted she received a letter fram a resident requesting same symbal af Hanukkah be included in the next city Christmas. celebratian. The Mayor had respanded to. the resident that she appreciated hi s request and waul d i nfarm the members af Cauncil. Mayar Higley thaught it was an apprapriate request. STAFF REPORT: Mi ke Tanner reported that to. replace the fence at Paar Farm Ditch wauld cast appraximately $7,100 far 2100 linear faotoJ six-faat cyclane fencing on the west side af the ditch fram Rice to. Sunset. City Counci 1 agreed the City Manager place the fence issue an the next agenda far Cauncil action. ADJOURNMENT: With no. further business to. came befare City Cauncil at this time, matian was made by Cauncilmember Bell, s,ecanded by Cauncilmember Watsan, that the regular session adjourn to reconvene the warkshap sessian. Such matian carried and the regular sessian was adjaurned at 9:02 p.m. Laura C. Higley Mayar a/~ ~A/. Audrey ~hals City Secretary I I 102 CITY"COUNCIL WORKSHOP':>SESSION ';'" MONDAY, FEBRUARY: 11, 1991 MUNIC,J PAL BUILDING 3.800 'UNIVERSITY BLVD. 6:30 P.M. **************************************** t I L CityCauncil canvened in'warkshap; session in the ,Municipal Building, 3800 University Baulevard,., in th'e City."of West University, Place, an Manday, February 11, 1991, with the fall owi ng members present: Mayar Higley, presiding; Cauncilmembers Jenkins, Redeker andWatsan. Cauric i 1 member Bell was absent. A 1 sa present were the City Manager, CitySecretary~ Director of'Fi;nanceandLAdministratiens' Directar af Public Works;' the Fire€hief~ Ch'iefrof Palice and the Directar of Canstructian'and Engineering. -- AGENDA REVIEW - DISCUSSION ONLY: City Council discussed items listed an the regular sessian agenda. Included in the discussian were the Absentee Ballat Baard~ ScalJt Hause remavaland replacement and a telephone survey of city services and issues~ MATTERS RELATING TO THE PARK FEST: Carla Rea, Parks Baard member, distributed infarmation an the G proposed Park Fest tentatively scheduled far April 27. Funds l fram the Parks Fest will go. taward the. development af the JMH park site. Ms. Rea requested Cauncil cansider appraving the plaDs ~nd grant permissian for two. street banners far the accasian. Mation was made by Cauncilmember Redeker, secanded by Cauncil- member Watsan, that City Cauncil apprave the plans far the Park Fest an April 27 and autharize two. street banners. Vating Aye: Vating No.: Absent: Mayor Higley, Cauncilmembers Jenkins, Redeker, Watsan Nane Cauncilmember Bell MATTERS RELATING TO SEWER LINE OBSTRUCTION: The cantractar requesting to. discuss the sewer line obstructian was nat present. MATTERS RELATING TO TREE ISSUES - DISCUSSION ONLY - PRESENTATION BY LINDA DAY: Linda Day and Diana Freeman gave a slide presentatian an the canditian af trees in the city especially at canstructian sites. l They suggested a tree ardinance to provide greater pratectian far trees not only in the street right-of-way areas but throughout the ' City Cauncil Warkshap Sessian, February 11, 1991 l.utj city. Ms. Day suggested Cauncil cansider .hiring a City Arbarist far tree pratection. Estimated cast of having a City Arbarist an staff was discussed as well as having ane on retainer. Since Cauncil previously autharized a summer intern team to. inventary the ri ght-af-way trees in the ci ty, it was agreed to. wa it unti 1 their report was completed befare deciding whether to. praceed with mare aggressive tree regulatians. If Cauncil shauld decide to. praceed, the City Arbari st caul d be cans i dered duri ng the next budgeting pracess. COUNCIL COMMENTS: No. member af City Cauncil had anything further to. discuss at this time. STAFF REPORT: City Manager Mike Tanner reparted a cave-in an Weslayan caused by a starm sewer line which had separated fram the manhale. Traffic wauld be detaured araund the intersectian far anather day artwa. ADJOURNMENT: With no further business to. came befare City Cauncil at this time, matian was made by Councilmember Redeker, 'seconded by Cauncilmember Jenkins, that the warkshapsessian adjaurn. Such 'inotian carried and the meeting was adjaurned at 8:50 p.m. Laura'C. Higley Mayar l 104 REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30P.M. **************************************** City Cauncil canvened in regular sessian in the Municipal Building, 3800 University Baulevard, in the City afWest University Place, an Manday, February 11, 1991, with the fallowing members present: Mayar Higley, presiding; Cauncilmembers Jenkins, Redeker and Watsan. Councilmember Be 11 was absent. A 1 sa present were the City Manager, City Secretary, City Attorney, Director af Finance and Administratian, Directar af Public Warks, the Fire Chief, the Chief af Pal ice, and the Directar af Engineering and Constructian. Cauncilmember Watsan delivered the invacatian and led the Allegiance to. the Flag. HEARING OF RESIDENTS: Mayar Higley invited residents to. speak who. 'had matters they wished to. bring to. the attention afthe City Cauncil which had nat previausly been submitted to. the City Manager. Darathy Reiger, 6516 Bramptan, thanked Ci ty Cauncil and Curti s Caaper for the new seat covers in the senior services I van. She expressed her appreci ati on far the vi sits fram the Ci ty Manager and the Public Warks Director to. the Senior Wing. Mrs . Rei ger appreciated what was being dane about trees, but she suggested mare time be devated to. protecting trees and requiring builders to. take better ,care of them during constructian. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents who. wished to. address a specific agenda item to speak at this time. There were nane present who. wished to. speak cancerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Agenda Item No. 13, Matters relating to. Fences, was remaved fram the cansent agenda. CONSENT AGENDA: Matian was made by Cauncilmember Redeker. seconded by Cauncil- member Jenkins, that with the exception af Item No.. 13, the consent agenda be appraved in accardance with staff recammendatian. I I I '- City Cauncil Regular Meeting, February 11, 1991 ..lUU Vating Aye: Vating No: Absent: Mayar Higley, Cauncilmembers Bell, Jenkins, Redeker, Watsan Nane Nane ORDINANCE CALLING CITY ELECTION FOR MAY 4. 1991: Mayor Higley presented the ardinance calling an electian far May 4, 1991, to. elect a Mayar and faur Cauncil Members, and read the captian, as fallaws: ORDINANCE NUMBER 1392 AN ORDINANCE CALLING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FOURTH (4TH) DAY OF MAY, 1991, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCIL MEMBERS; DESIGNATING PRECINCTS AND POLLING PLACES; APPOINTING ELECTION OFFICIALS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO SAID ELECTION; AND DECLARING AN EMERGENCY. Matian was made by Councilmember Jenkins, secanded by Cauncil- member Redeker, that Ordinance Number 1392 be adapted an first and final reading as ,presented. Vating Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Jenkins, Redeker, Watsan None Cauncilmember_Bell RESOLUTION APPOINTING A MEMBER TO THE TRAFFIC COMMITTEE: Mayar Higley presented the, fallawing resalutian far Cauncil's cansideratian: , , RESOLUT10N NUMBER 91-03 ,...1 WHEREAS, it is the abligatian af the City Cauncil, pursuant to. pravisians af the City Charter and ardinances heretafare adapted" to. appai nt members to. vari aus baards and cammittees; and l I I --' WHEREAS, the Mayar and members 'of the City Cauncil, by Resalutian 89-20, adapted an August 28, lQ89 , appainted qualified citizens to. serve an the Traffic Cammittee af the City af West University Place, Texas; and WHEREAS, the resignation of a cammittee member has created a vacancy af the cammittee; and WHEREAS, the Tra ffic . Cammittee has recammended that Frank Perrane be appainted to. fill the vacancy an the Traffic Cammittee. 106 City Cauncil Regular Meeting, February 11,1991 NOW, THEREFORE~ BE IT ,RESOLVED BY THE tITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I L Sectian 1. That the Frank Perrane be appainted to. serve as a member af the Traffic Cammittee: Sectian 2. That Frank Perrane is hereby appainted to the Traffic Committee and shall serve without campensation. Sectian 3. That the Mr. Perrane shall serve an the Traffic Cammittee until the next regular City Electian af the City Caunci 1 and thereafter unti 1 the appaintment and qualificatian af his successar. Section 4. All resalutions and, parts of resolutians in conflict herewith are hereby repealed to the extent af the canflict anly. Sectian 5. If any ward, phrase, clause, sentence, paragraph, sectian ar other part af this resalution or the applicatian thereaf to. any person ar circumstance, shall ever be held to. be inva,lid ar uncanstitutianal by any caurt af campetentjurfsdfctian, ;the remainder af this resalutian and the applicatian af such ward, phrase, clause, sentence, paragraph, sectian ar ather part af this resolutian to. any ather persans or circumstances shall nat be affected thereby. Sectian 6. The City Council afficially finds, determines and declares that a sufficient written natice af the date, haur, place and subject af each meeting at which this resolutian was discussed, cansidered ar acted upan was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been apen to. the public as required by'law at all times during such discussian, cansideration and actian. The City Cauncil ratifies, appraves and canfirms such natices and the cantents and pasting thereof. l PASSED AND APPROVED thi s 11 th day af February, 1991. Vating Aye: Vating No.: Absent: Signed: Laura C. Higley, Mayar I l L City Cauncil Regular Meeting, February 11, 1991 .1.U" ATTEST: APPROVED AS TO FORM: Audrey Nichals City Secretary James L. Daugherty~ Jr. City 'Attorney ( SEAL) Matian was made by Cauncilmember Redeker, secanded by Cauncil- member Jenkins, that Resolutian 91-03 be adapted as presented. Vating Aye: Vating No.: Absent: - Mayar Higley, Cauncilmembers Jenkins, Redeker, Watsan N'ane Councilmember Bell Mayar Higley administered the Oathaf Office to. Mr. Perrane. RESOLUTION RELATING TO DEPUTY MUNICIPAL COURT CLERKS: Mayar Higley presented the fallowing far Cauncil's cansideratian: RESOLUTION NUMBER91~04 WHEREAS, it has been determined that it will be advantageaus to. designate qualified employees as Deputy Municipal Caurt Clerks far the purpase af signing camplaints; and WHEREAS, the fallawing emplayees are qualified to. assume the duties af Deputy Municipal Caurt Clerks far this purpase: Gregg Petersan, Dispatch Persannel Claudia Racha, Dispatch Persannel NOW, THEREFORE BE 'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OJ;' WEST UNIVERSITY PLACE, TEXAS: Sectian 1. That City Cauncil hereby names and appai nts Gregg Petersan and Claudi a Racha as Deputy Municipal Caurt cCTerksof the' €ity af'! West Universtty,Place far the purpase af signingcamplaints. Sect i an 2. Tha t the appai ntments af Gregg Peters an and Cl audi a Rocha as' Deputy Muili dpa 1 Caurt Cl erks shall became effective immediately fram and after the passage and appraval af this Resolution.' . ~ l Sectian 5. All resalutians and parts of resalutians in canfl i ct herewi th are hereby repealed, to. the extent af the conflict anly. .rUM City Council Regular Meeting, Februar.y 11, 1991 "Ii ; Sectian 6. If_any ward, phrase, cl ause, sentence, paragraph, sectian ar ather part of this resalution ar the applicatian thereof to. any persan ar circumstance, shall ever be ,held to be invalid ar uncanstitutianal by anycaurt af campetent jurisdiction, the remainder af this resalutian and the applicatian af such word~ phrase, clause, sentence, paragraph, sectian or ather part af this resalutian to. any ather persans ar circumstances shall nat be affected thereby. ., I Sectian 7. The City Council afficially finds, determines and declares that a sufficient written natice af the date, haur, place and subject of each meeting at which this resalutian was discussed, cansidered ar acted,upan was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and, ,that each such meeting has b,een. open to. the ,publ ic as requi red by law at all times during such di scussian, cansideratian and actian. The City Cauncil ratifies, appraves and canfi rms such nati ces' and ,;the cantents and pasting thereaf. PASSED AND APPROVED this 11th day af February , 1991. Voting Aye: Vating No.: ' j Absent: Signed: Laura C. Higley, Mayar ATTEST: I L Appraved as to. Farm: Audrey Nichals City Secretary James L. Daugherty, Jr. City Attarney ( SEAt) Matian was made by Cauncilmember Redeker, seconded by Cauncil- member Jenkins, that Resalutian Number 91-04 be adapted as presented. , Vating Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Jenkins, Redeker, , Watsan Nane Cauncilmember Bell I "- City Cauncil Regular Meeting, February 11, 1991 .1.UV PURCHASE OF SCOTT AIR PAKS FOR THE FIRE DEPARTMENT: Cansideratian was given to. staff's recammendatian far purchase of 7 Scatt 4.5 Air Pakswith sp-are battles. Staff recammended the cantract beawarded:to the law bidder, Vallen Safety Supply, at the bid price af $12,565.35. Motian was made by Cauncilmember Redeker, secanded by Cauncil- member Jenkins, that City Caunci 1 accept staff's recammendatian and award the can tract for purchase af the Scatt Air Paks and spare battles to. Vallen Safety Supply. ' Voting Aye: Vating No.: Absent: Mayor Higley, Cauncilmembers Jenkins, Redeker, Watsan Nane Cauncilmember Bell TAX REFUNDS: Cansideratian was given to. autharize tax refunds far dupl icate payments to. the city an accaunts, as fallaws: 020-03-50 222-69-100 221-7-65 210-11-'100 222-84-30 140-9-170 221-13-127 ,1, .'\. $ 696.00 $ 665~00 $ 971. 00 $ 909.00 $1182.00 $ 781.00 $ 885.00 - I Matian was made Cauncilmember Redeker, secanded by Cauncilmember Jenkins, that City Cauncil'autharize the tax refunds as listed. Vating Aye: Vating No.: 'Absent: ' Mayar Higley, Cauncilmembers Jenkins, Redeker, Watis:an. i " ,; None ;,i Counc ilmeniberBe 11 , 1 MATTERS RELATING TO STREET CLOSURE REQUESTS; Cansideratian was given' taappraval af a pal icy and pracess far street 'clasure requests, as fdllaws: POL ICY AN D, PR 0 C ES S STREET CLOSURE REQUESTS 1. The City CauncH shall not cansider requests to. clase streets unti 1 the foll awi ng canditi ans have been met: l 110 City Cauncil Regular Meeting, February 11, 1991 a. Ninety percent (90%) af the praperty awners ar residents in the black affected mustfarmally request the street be' c1 ased (Farms] prQvided by the City must be signed, natarjzed and filed in the Office af the City Secretary) b. Seventy five percent (75%) af the praperty awners ar residents of adjacent blocks must ,formally state thei r 'suppart" ,far the request (Farms provided by the' City must be signed, natarized and filed i'n~the Office afthe City Secretary) , 2. When canditians.have been met, the City Cauncil shall determine whether or nat street clasure cauld be viable and deserves study. The City Cauncil shall direct the Staff tastudy::str,eet clasure .if it daes and reject requests if it daes not. I L 3. The Staff s ha 11 canduct a study that determi nes the fo 11 awi ng : a. Traffic character (Vehicle class, size and prabable,destinatian) b. Traffic valume (Peak peri6ds and average daily) c. Traffic speed (Immediate and area) d. Traffic accident rate (Immediate and area) e. Impact af.street clasure (Immediate and area) f. Alternatives, (Construction, regulatian and enfarcement) to. street clasure and their impact (Immediate and area) 4. The Traffic Cammittee shall review the study and present a recammendatian to the City Cauncil. 5. The City Council shall review the Staff study, Traffic Cammi ttee recammenda t i an and determi ne whether ar nat street clasureis viable. The City Council shall direct the Staff to. prepare a street clasure plan if it is and reject, requests i.f it is not. [ 6. The Staff shall prepare a street clasure plan that is safe, attractive and requires. limited maintenance. The plan and cast af implementatian shall be presented to the City Council. 7. The City Cauncil shall review the street clasure plan and determine whether ar nat it is viable. The City Cauncil shall call a public hearing if it is and reject requests ,:if it isnat,~. 8. A public hearing on street clasure shall be held during a regular City Cauncil meeting. The requests, Staff study, Traffic Committee recammendatian, street I L ,1..1. .!. City Cauncil Regular Meeting, Fiebruary 11, 1991 J clasure plan and cast ,afimplementatian shall be presented far public camment. The City Cauncil shall schedule its discussian and formal cansideratian when the public hearing is clased. Neither shall be permitted immediately fallawing the public hearing. The City Cauncil shall discuss and formally cansider street clasure at a regular ,meeting. A candition to. appraval shall ,require thasewho have farmally requested street clasure to., pay the City 100% af the estimated cast ta,:implement the street clasure plan. The City Cauncil shall nat enact an ardinance that directs street clasure until 100% af the estimated cast, to. implement the street clasure plan has been paid to. the City. ' The street clasure plan shall nat be implemented until an ardinance has been enacted. Matian was made by Cauncilmember Redeker, secanded by Cauncil- member Jenkins, that the Palicy and Pracess for Street Clasure Requests be adapted as presented. - ' 9. 10. ] Vating Aye: Vating No.: Absent: Mayar. Hi gl ey, Watsan Nane Cauncilmember Cauncilmembers Jenkins, Redeker, Bell MATTERS RELATING TO THE SCOUT HOUSE: , I Cansideratian was given to. autharize demalition and replacement af the Scaut Hause and to. apprapriate the necessary funds. , " City Manager Mike Tanner reported the cast to. strengthen and repair the Scaut Hause raaf wauld be $18,000. The cast af ather necessary repairs will: be', $15,000. Staff believes the 1947 structure is at the ,end iaf its useful 1 ife and shaul d be replaced. A new 'log structure that is' safe, attractive, similar in size to. the existing structure and requires limited maintenance will cast $32,000 mare (the tatal cast shauld be $65,000). Staff will bid therep 1 acement if Council appraves ::the p_raject and apprapraites the funds. After discussion, matian was made by Cauncilmember Redeker, s,ecanded by Caunci 1 member Jenki ns, that City Caunci 1 authari ze the demalitian and replacement af the Scaut Hause and apprapriate $65,000 far the praject. Voting Aye: Mayar Higley, Councilmembers Watsan Nane Cauncilmember Bell Jenkins, Redeker, ] Vating No.: Absent: MATTERS RELATING TO CITY SERVICES SURVEY: 112 City Cauncil Regular Meeting, February 11, 1991 Cansideratian was given to. apprave and autharize, a city services lli s,urvey. Mr. Tanner dj scussed a te l.ephane survey wi th six fi rms if 1 and rec.ei ved, prapasa 1 s fra.m eac.h., one. Mr. Tanner recammended the.! firm af GelbConsulting Group be retained to. canduct a telephane survey af 200 househalds at a cast af$4,670~, The standard deviatian af the survey wauld be 8%, which was an acceptable limit. Matian was .made by Councilmember Redeker, secanded by Cauncilmember Jenkins" that ".City Cauncil, autharize the City Manager to., cantract" with Gelb Cansulting Graup far a telephane survey 'at the cast af $4,670.;., the City Manager to. review the questi ans an the survey with Caunci 1 far apprava 1 befare praceeding. , , Vating Aye: Mayor Higley, Councilmembers Jenkins, Redeker, Watson, Nane Cauncilmember Bell Voting No.: Absent: MATTERS RELATING TO FENCES: Cansiderationwas given to apprave and autharize fence replacement 'and constructi an. The City Manager has recei ved several requests far fences, as fallows: Lacatian Descriotion Estimated , Cast JMH Lats 426 linear feet of split rail ( 3foo't tall cedar) 372 linear feet af tight $ 4,400 baard fence (6 to. 8 faat tall cedar) $ 1,400 [,," d Judsan Park Paar Farm Ditch ,2,400 linear feetaf $11,200 cammercial fence (4 faat tall. ,cyclane - existing fence remaved) Westpark Center .140 linear feet af tight $2,400 baard fence (8 faat tall cedar - existing fence remaved) 643 linear feet af $ 6,000 cammercial fence (6 faat tall cyclane with 1 faat af barbed wire - existing fence remaved and utilized _ Bissannet Well Site [ ,1..1. ~ City Cauncil Regular Meeting, February 11" 1991 01 j City Cauncil discussed the fence at Judsan Park but decided to. pastpane making a decisian unt,il staff can clarify whether the fencing in this request wauld camplete the fence ar if this was a phased-in partion af the fence. : The City Manager reported the Bissannet well site previausly had a caver to. enclase the pump which was remaved but needed to. be replaced. A fence wauld help to same extent but to. clase aut the naise wauld require a structure: to cover the pump. Council discussed a fence alangthe side near' the hame an Brawning Street and also. discussed planting enaugh large thick-faliaged plants to. beautify the site. I Council agreed to defer making a decisian until staff can get a price an a clasure and Cauncil cauld discuss the large plants when Cauncilmember Bell was present~ Matian was made byCauncilmember Redeker, secanded by Cauncil- member Watsan, that City Caunci 1 approve the fenci ng prajects at the JMH site, Paar Farm Ditch and the Westpark Center, but to. delay a decisian an the fencing at the water well site an Bi ssannet and at Judsan' Park unti 1- the next regul ar caunci 1 meeting. ' , , TI' ,,' :,]" '" I Vating Aye: Vating No.: Absent: MajoriHigley, Cauncilmembers Jenkins, Redeker, Watsan Nane' Cauncilmember Bell LEGAL SERVICES: Cansideratian was given to. the invaice in the' amountdf $5,529.90 submitted far legal services pravided an the city's ~ehalf far the manth aT January 199L :;, j Matian was made by Cauncilmember Redeker, secanded by Cauncil- member Jenkins, that --the :invaice ,in the amaunt af $5,529.90 submitted for legal services during the manth af January 1991 be appraved far payment. ;, , , ' Voting Aye: Vating No.: 'Absent: Mayar Higley, Cauncilmembers Jenkins, Redeker, Watsan Nane Councilmember Bell MATTERS RELATING TO THE ABSENTEE BALLOT'BOARD: , ,', Il 2J Cansideratian was given to autharize campensatian to. the presiding judge and clerks who. wi 11 serve as the Absentee Ba 1] ot Baa rd far the May 4, 1991, citY,electian. Matian was made by Cauncilmember Redeker, secanded,by Cauncil- member Jenkins~ that the Absentee Ballat Baard presiding judge and clerks be campensated a minimum af 10 haurs wark at $5.00 an haur far their services. 114 City Cauncil Regular M,eeting,' February 11, .1991 Vating Aye: Vating No.: Absent: , Mayor,l:Ifgl ey, Cau;nci 1 members Jenki.ns ~ Redeker, Watsan Nane' Councilmem~er Bell f,i I AUCTION OF CITY VEHICLES: ' The City:,Manager recommended ,that the fallawing vehicles were no. langer needed and shau,lo ,~'~, cteclared' surplus, ,and transferred to. the HaustanAuta Auctian,far sale: Vehicle Descriptian Depa~tment(Divisian) Mileage , , 1984 Chevralet pickup truck 1986 Dodge sedan 1986 Dadge sedan 1987 Ford sedan 1987 Fard sedan '1,1 ,Public Warks Public Works Public Works Po 1 i ce ' , ' Fire ,,' Department , ': ( Senior Citizens) (Genera 1, 'Servi ces 50,094 58,535 59,121 72,271 74,091 Mation was made, py Caunc~]me~ber Redeker, secanded by Cauncilmember Jenkins, that City Cauncil declare the vehicles listed as surplus equipment and autharize the transfer af the vehicles to. the HQuston Auto Auction far sale.,. Vating Aye: Vating No.: Absent: Mayar Higley, Ca~ncilmembers Watsan ; , Nane Cauncilmember Bell Jenkins, Redeker, -J', I"j ~, ~ < , 'j CITY COUNCIL MEETING MINUTES: , . Cansideratian was given to. the minutes af the following city cauncil meetings: (a) Regular CityCal,lncil Meeti,ng on January 28, 1991; and (b) City Cau~cil'Wark'shap' Se~sian an January 28, 1991. Matian was made byCauncilmember Jenkins, seconded by Cauncil- member Redeker, that the minutes be appraved as submitted. Vating Aye: Mayar Higley, Cauncilmembers Jenkins, Redeker, Watsan Voting No: Nane Absent: Cauncilmember Bell COUNCIL COMMENTS: No. member af City Cauncil had anything further to. discuss at this 'time. ~i ~.i t;, City Cauncil Regular Meeting, February 11, 1991 .LiO j'; " --! " STAFF REPORT: City Manager Mike, Tanner .had nathing further far Cauncil's cansideratian. ADJOURNMENT: With no. further business to. came befare City Cauncil at this time, matian was made by Cauncilmember Redeker, secanded by Cauncilmember Watson, that the regular sessian adjaurn to. recanvene the warkshap sessi an. Such mati an ca rri ed and the regular sessian was adjourned at 7:52 p.m. Laura C. Higley Mayar 1 J ~ W~-G Audrey N" hals City Sec etary 'Tl i I j 116 CITY COUNCIL WORKSHOP SESSION MONDAY, FEBRUARY 25, 1991 , ' MUNICIPAL B,UILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** City Cauncil,convened in workshap session in the Municipal Building, 3800 University Boulevard, in the City af West University Place, an Manday, February 25, 1991, w,ith the fallawingm~mbers present: Mayar Higley, presiding; Councilmembets Bell, Jenkins' and Watsan. Cauncilmember Redeker arrived at 6:40 p.m. Also. present were the City Manager, Ci ty Secretary, Di rectar af Fi nance and Aomi ni strati an, Director af Public Warks, the Fire Chief, Chief af Palice and the Directar of Canstructian and Engineering. AGENDA REVIEW ~ DISCUSSION ONLY: City Cauncil discussed items listed an the regular sessian agenda. MATTERS RELATING TO SUMMER INTERNS FOR TREE INVENTORY: City CaunCil was scheduled to. interview two. peaple fram A&M University who. may be available to perfarm a tree inventary during the summer manths. The interview was pastpaned because af illness af ane af the team members. MATTERS RELATING TO CABLE TV -DISCUSSION ONLY: Pam Tharn, Directar af, Public Relatians and Wayne Hall, Vice President Technical Operatians, fram Warner Cable TV gave a pragress repart an the replacement af the cable system in the city. Mr. Ha 11 reparted a 11 the new cable had been replaced and the praject was almast camplete. Technical adjustments remain to. be dane and the switch to. the new channel line up is scheduled far Apri 1 1. Members of Cauncil questioned the necessity af the pedestal baxes placed thraughaut the city. Mr. Ha 11 exp 1 a i ned that the baxes are access pawer supply units to. pravide stand-by pawer up to. 1 1/2 haurs in the event af pawer failure. This provisian is part af the franchise standards. There are 19 af the pawer units in the city. Effarts were made by Warner to. place the units in as many acceptable lacatians as passible. Hapefully, in the future, the manufacturer will design a unit which will be mare casmetically acceptab 1 e and the current units can then be replaced. Mr. Hall explained the unit must be up aff the graund sa that the cantents do. nat get wet when it ra ins. The ba tteri es and pawer transfarmers inside each unit must Lhave ventilatian. The distributian cable has been replaced where it was ald. The new system will pravide service with fewer interruptions and a camplete line up af channels. .1..1.1 City Cauncil Warkshap Sessian, February 25, 1991 TI Pam Tharn reparted Warner Cable was Jalnlng West University to. hast and annaunce the upgrade. Ms. Tharn advised that Warner wauld have a recepti on wi th thei.r management, and regul atary agents, and afficials af West Universit~, Place to. meet ane anather and cele- brate the upgrade. Warner wi 11 also. fall aw up wi th the caordi- natars af the Parks Fest to suppart that event. Mayar Higley recessed the warkshap sessian at 7:30 p.m., to. canvene in regular sessian. At 9:23 p.m., Mayar ,Higley reconvened the warkshap sessian with the fallawing present: Mayar Higley, presiding; Cauncilmembers Bell, Jenkins, Redeker and Watsan. Also. present were the City Manager, Ci ty Secretary, Ci ty Attarney, Di rector af Fi nance and Administration, Director af Public Warks, the Chief af Pal ice, The Fire Chief and the Directar af Engineering and Constructian. MATTERS RELATING TO ZONING AND ,PLANNING COMMISSION REPORT WITH RESPECT TO ZONING ORDINANCE AMENDMENTS: n Reid Wilsan, Chairman af the Zaning and Planning Cammissian, was present far the discussian, af the prapased zaning ardinance amendments. City Attarney Jim Dougherty reviewed each, af the 22 prapased amendments. City Cauncil accepted the recammendatian af the Zaning and Planning, Cammission w.ith the exceptian af No.. 22, Rear Setback Bui lding Space Amendment. Thi s amendment waul d make it permissible far regular living space to be lacated in the rear setback area either atap the garage ar atherwi se, (.the rearmast 20 feet af each lat of the single-family district). Currently, the anly perm,issible living"spacein, the rear yard is accessary qua rters, wh i ch are 1 imi ted to. 600 squa re' feet and a r~ requ i red to. have an autside entry. The Zoning and Planning Cammissian did nat recammend this amendment, because: (i) the amendment wauld allaw a building to. extend cantinuausly fram the frant setback line almast all the way to. the rear, which wauld decrela'se the available light and air circulatian in residential neighbarhaads, (in the amendment wauld, probably, ,cause a reductian in the amaunt af privacy that peaple can expect in their rear yards and in the rear areas af their principal buildings, and, (iii)the amendment will prabably encaurage larger butldings, increasing crawding and the laad an the city's infrastructure,. :', " Ci tyCaunci 1 di scu,ss'ed the restrjcUan 'and: the, f~ct that a hameawner may have a family' member ar a maid living in the quarters but the hameawner cauld not. 'ij The r:equirement that the building be separated fram the principal building by an apen area appeared taa restrictive. Afterdiscussio.n" Ca{Jncil agreed that it wauld be in favor ,af.arl, amendment which,w,ill allaw the area between the quarters and "the 'princ,ipal bui.ldi.ng ,to. be campletely enclased and nat require,maki.ng it a separate buHdi,ng. City Counci 1 accepted, - .the Zaning and Pl anning Cammi ssi an recammendatians cancerning zaning district boundary changes, as follaws: Tl JJ 118 City Council Warkshop'Sessian, February 25, 1991 (a) Plumb/langley/Kirby Area and Kirby Tawnhause PDD. The Z&P reC'ammended that no. actian betaken at this time an the propasa 1 to changeanyaf the Kirby frantage to. the cammercial district; (b) nJMH" Site. The Z&P recammended adaptian af the amendment to change the 0.1 d, five-l at site an Mil tan Street fram commercial to. single-family district. IIEastern Starll Site. The Z&P recammended this area be lncluded ln tne We,sl-ayan Tawhho,-!se PDD which is adjacent to. the sHe. After discussian, City CaunCil agreed the City Attarney shauld prepare an ardinanceto ;adapt the prapased amendments and schedule the 'firstreadi ng far ,March 11, 1991. ' (c) MATTERS RELATING TO' SURVEY QUESTIONS: Mi ke Tanner presented a 1 i st af / questi ans suggested to. be used in a ~el ephane survey to res i dents. The survey wi 11 be dane by GelbCansulting Group as previausly autharized. The questians 'were, asfallaws: IITelephane Interviews... IIHeads Of hausehalds" West U ' Gelb Cansulting Graup~ Inc~ March, 1991 OK, first, 11m gaing to. ask yau about the West University Pal ice Department. I'd 1 i ke yau to. rate thei r perfarmance as excellent, gaad~ f~ir ar paarin thefollawing areas: Excellent Gaad Fair Paar DK/NA 1. NeighbarhaadPatral.... .c..... .1...... .2.... .3.. .'.. .4.....x 2. Traffic Enforcement...........1.......2.....3......4.....x 3. Sp'ecial pragrams (crime' preventian and vacatian house watch)..........:.......1,.......2.....3......4.....x 4. If yau were gaing tagive'theWest University Pal ice Department a grade far the.i.r averall perfarmance, wauld it an an A,B,C~D, ar F? A. .> . . . .-. . -. . . . . . . . . . . ~ iii . . . . . . . . 1 B.'.:........... ._._. .-'. ~'..~..... .....2 C. . . . . . . . .-. . . . ..'. . . . . . . . . . . . . . 3 D. . .0 . . . . . . . . . . . . . ... .~ . . . '_.".. '. .'. . .4- F............................ .5 Don I t know............ iii .. . . . . .- ..f?, ~ ..L.!..Q7 City Cauncil Warkshap Sessian, February 25, 1991 ~Jifc~' :~(; "'I" :~r~' Naw abaut the West University Fire Department: Would yau rate the Fire Department as excellent, gaad, fair ar paar an the fallawing areas: Excellent Goad Fair Paar DK/NA 5. Fire preventian and, fighting.......................l~.....2.~...3..~...4.....x ., >. . ~ ,. . . 6. Ambulance service............. .1..... .2.... .3. e.a.. .4.....x 7. If yau were gaing to. give the Fire Department a grade far their averall performance, would it be an A,B,C,D, ar F? A. . . . . . . . . . . . . . . . . . .". . . ". . . . . . . 1 B.............................2 J C............................ .3 0.............................4. F............................ .5 Don1t know....................6. Naw, abaut garbage callection: 8. If yau were gaing to. give the garbage.callectian service in West University a grade for their.averall perfarmance, wauld it be an A,B,C,D, ar F? A.. .. . . .......... ........ ~....1 B............................ .2 C............................ .3 D............................ .4 F............................ .5 Don1t know....................6 9a. Naw lid like to. ask yau abaut- an idea that, the, CityGouncil is cansidering far garbage, callection. ,Qne.aptjon,apen to. the city is to change to. a private contractar far garbage callectian instead af using city persannel and equipment. This change wauld result in a lawer manthly garbage callection fee. The questian is, if the manthly fee wauld be reduced by $1,wauld yau be in favar af us i ng a private cantractor far garbage co. 1, 1 ecti on? yes...........'................,.l. Skip to. Qu. 10 No............................2 Continue with 9b Dan't khaw....................3 Skip to. Qu. 10 9b. Cansidering that the present garbage collectian fee lS $'X, at a minimum, haw much wauld the garbage callectian fee have to. drap 'befare .you. -wau.ld ,su.ppa.r,t such a change? (Dan't read lis,t) '$2" " "',..',',' "'~,' l' ~. ......... fi...~... .:.... .1.... ..J....J...l... " $3 'j! --" ""'-",,' " ,2', ...... .'. ...~... ........ .-.... .'.... .~.-.:..... 1.. $4. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .3 $5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Wauldn't ever suppart a change...5 :, Ii 12U City Council Warkshop,Sessian,. "February 25, '1991' 10. Dan1t knaw/Na apinian.~..........6 Naw lid like to. ask yau to. grade the cable televisian service in West University. Overall, wauld yau give it an A,B,C,D, ar F? [ A.. .. .........................1 B. . . e.a . . . . . . . . . . . . . . . . . . . . . . . .2 C............................ .3 . D. . .". . . .. . . . . . . .. . . . . . . . . . . . . .4 F............................ .5 Don I.t know...... ~;~... .;1 _ .t-..... 6 11. On a different topic, let me ask if yau participate in the recycling pragram? IF YES: Do yau use curbside pickup, ar the drop-off statian on Milton? Don't participate.............l Use curbside pickup...........2 Use Miltan drap-aff statian...3 Anather issue under cansideratian by City Cauncil i,s whether to. intraduce same farm af tree regulatian. Far each af the fallawing statements, please indicate whether'you strangly agree, samewhat agree, somewhat disagree'arstrangly disagree. Strangly Samewhat Samewhat Strangly DK/ [, Agree C..Agree, Disagree, .Disagree Neutral NA 12. Trees should not be severely pruned, trimmed ar cut dawn withaut a permit and accarding to. strict rules.....l.~.......~Z............3....~....4...~.....5.......6 13. The city should' regulate the selecti0n and placement of new trees in each homeowner I 5 yard .1. . . . .1. . ."...2.".,. . . . . . . _. .3.. . . . . . . . .4. . ,e . . . . .5. . . . . . .6 t; , 14. The city shauld institute a tax increaSe to. regulate trees an ", -' '.'., " private property.l........2............3.........4........5.......6 Naw, I'd like to. ask abaut the need ,to. make impravements to. streets, curbs and sewers in .West Universtty, anq if improvements [ are needed, haw they .wauld ,be ,funded." . Ci ty Caunc i 1 Warkshqp' Sess ian, February 25, 1991 J..~l. ~?.. ,I" i~ :~~_ :~; -., 15. Firstaf all, City Council is cansiderating ,options far making street impravements, including.curbs and gutters. 11m gaing to. read yau several statements abaut street impravements, and lid like yau to. tell me which ane best describes yaur attitude abaut whether street improvements are needed 'and, if sa, haw they shauld be funded: (READ LI ST)' , , ' I wauld'suppart a band issue far street impravements.............1 I wauld suppart a tax increase far ,street impravements...........2 I wauld not supparteither a band issue ar tax increase for streetimpravements, eventhaugh I think they are needed~.....3 I do. nat think street impravements are needed....................4 16. OK, City Gouncil is ,also. considering aptians far impraving sidewalks, ,Which statement best describes yaur attitude about whether impravements are needed far sidewalks, and haw they shauld be funded: (READ LIST) , ' I wauld suppart a band issue,far impraving sidewalks.............1 I wauld suppart a tax increase.for improving sidewalks...........2 I wauld nat suppart either.a,aandissueortax increase far impraving sidewalks, eveR though.I,think,they are needed......3 I do. nat think impravements,are needed to. sidewalks..............4 17. The next area af impravement being considered is city starm sewers. Which statement best describes yaurattitude abaut starm sewer impravements? (~EAD LIST) I wauld suppart a band.iss~e.far.storm.sewer,impravements........l I would suppart a tax~iA€rease.for.storm sewer, impravements......2 I wauld nat suppart either,bond issue,ar tax increase far starm sewer impravements,-even though I think they.are,needed.......3 I do. nat think starm sewer, improvements are needed~..............4 18. Anather aptian under review: irs, relbc'at,ing the. dtyi Public Warks building an Milton to. praperty the City awns' an W,estpark, near the Gaade Campany Seafaad Restaurant. Which statement best describes yaur'attitude: ~bautfunding far. such ~ relacat4an? I wauld suppart a band issue far relacating Public Warks.........l I wauld suppart a tax increase for relacating Public Warks.......2 (wou'l'd not '5uppart' ei,the'r a .bond d,ssue ar .tax, increase far relacating ,Public Warks, eVe'rf thaugh I think i.t should 'be relocate:d;...".;... .".. ,;.. .-... .'.. ..... '... .-......... ...~~-..........3 I do. nat think Public Works, shauld be relacated........~.........4 19. Pl ease ra,te the genera 1- 'appea-r.ance .and ,condi-.ti.on ,DJ the fa 11 awi ng city facilities as excel-lent" gaod,. .fair ar. ,paor,: ,(READ LIST) ~" ;g}f: "r ( 'f Excellent Gaod Fair Paar DKjNA '. ; Calanial Park swi'mming -poal . ,"" "- and fac i 1 it i es.' . . . . . .' . . .'. . . . . . .1. . . . ... .,2. . . ... 3. ... ._ 4 ~ ......:.5 Judson Park....~..~.~~......~.....1.......2....3....4....5 122 City Cauncil WorkshQp"Sess'i,on;,:F.:eb,r,u,ary, 25,: 1991 We i r Pa rk. . . . . . .' .- ;'. . .v__~ e. .' .:. .- . .-~.: . .0 . ..1-._. ~_ . . . .2. . _: .3. . . .4. . _.. .5 J.ohnson Pa-rk........"... e". ;,ei. _.Ii: .. .0. . . 1,. . . .. . .2. . . .3. . . .4. .. .5 L,fber-ty.Hi 11 . . . . . .-.-. .-.... . .. '_;_. . ..:.0.. 1. . . .... .2... .3. .. ,_ 4. . . .5 20. Which statement best'describes.your attitude about funds far impraving parks and recreatian facilities? 1 ,would .support a band" i ssu,e for parks and, recreation ;,mprovements....,.. .'.:. .-.'... ...,:.:.....!.'.....-.... ..'.. e..:.................1 I wauldsupport a tax';ncrea,se tor parks and recreati an improvements...:..... ;:........ ...-.r.:. '!. ~-_~:.;.... .'.. .:'.... ._.... ~:. ~.........2 I would,nat supportceither,a:bond issue or tax increase far parks and recreatian improvements, even thaugh I think they are needed. .,:........... e,_......... .'. ~ .,_. ..~,........3 I do. nat think parks and recreatian'impravements are needed......4 21. Regarding the customer service at City Hall,' wauld yau ~ate it as: Excel1ent......~.....~i........l Good .-. .0. . . . . . _: .. .- . . .- ! "! . e" ~' .: !". .: .. .- . 2 Fa i r. . . . . . . . . . .0. ~.' . . .. ~ . . . . . .:. ~ 3 Poor. . . . . . . . . . . ~ ..; .-.;. ~ . ,;~,; . -. . ~ 4..: (dan't read) Don~t'~now~..~...~ 22. Overall', hawwauld yau grade thepeY'farmance af the City af West University Place? A.......... ...................1 B................~...1.........2 C iii . . ~ . . ..-. . . . . . . . . .. . . . . . iii'. . . .3 D.-..-.-.;........ ..~..... ..._. .'~ .-....4 F. . . . . .. . . . . . . . ~ . . . . ..... . . . '. '. . .5. Don I t know.;,.... ,. ..... .'. .;. . . . . ... .6 After distussian, Cauncil agreed: that the fallawing changes wauld be acceptable. 4. Substitute uSpecial pragrams~1 ques:ti(;m far: Courteous................~..............Yes No.. 9a. This change weli:j.s could 'result irialower manthly garbage -collection fee. The, questians is ;4:ftAe lfIeRtA:j.y :fee weli:j.s ee Feslieesey$:1:; w,auld y,au be in favor 'af using a private ,c.ontrac.tor for, garbage co. llecti,on~" Yes. . . . . .. . .,. . '. '. . .:..... -.~-IIi:. . ;.~... .;.". ;.-. ..1 Conti nue to 9b No............ ~.. .-....-..... ".~.-.'.'.. ......2 Skip to 10 Dan't knaw..........................3 Cantinue to. 9b 9b. Wauld never suppart a change............! $2........................-....~...........2 $3. . . . . . . . .' . . . . .' . . .. . . . . . . ., .. ~ . . . .'.0 ., ., II: . ., .. .3 . $4.................-....,.... 41;,. .-. . . ._' ~ . . . . .4 ~ ~~~ City Cauncil Warkshap'Session, February 25,1991 ' 1 $5. . . . . . . . . . . . . . . . . .- . . . . . . ~' . .. . . . . . ~ . . . . .5 j Danlt knaw/Na apinian.......:.'...'.......6 10. Substitute Cable TV question far 25 MPH 'questian. Naw lid like to. ask you to abaut a propased 25 MPH speed limit. It is recammended by the Traffic Committee to. lower the speed limit to 25 MPH at an estimated cast of $20,000. Wauld yau please indicate whetheryau strangly agree, samewhat agree, samewhat disagree ar strongly disagree. Strangty Samewhat Samewhat Strangly DK/ Agree Agree Disagree Disagree Neutral NA . .1........ .2.......... .3........ .4....... .5.......6 11. Add: . Both. . . . . . . . . . . . ~ ~ . ~ ~ . ~ . . . . . . . . . . . .4 Anather issue under cansideratian by city Cauncil is whether to. intraduce same farm af tree regulatian and pratectian. For each.... TI,j " I 12. Shauld a permit be required to severely pruned tF4~~ea ar cut dawn a tree according to. strict rules. 13. Shauld the city regulate the se~eet4eA ~ and placement af new trees in each hameawnersls yard. 14. ~~e e4ty s~e~~a 4Ast~t~te a ta* 4AeFease te Fe~~Ja~e tFees eA ~F4Yate ~Fe~eFty~ I wauld suppart a tax increase to. regulate trees an private praperty. 22. Overall, haw wauld you grade the perfarmance af the staff of the City af West University Place? ~ After Cauncil agreed to. the questians, City Manager Mike Tanner advised that Gelb Cansulting Group wauld praceed with the survey and the results shauld be available within a few weeks. COUNCIL COMMENTS: No. member af City Cauncil had anything further far discussian at this time. STAFF REPORT: TI City Secretary Audrey Nichals reparted the Caalitian of Cities cancerning the HL&P rate request had campleted itsnegotiatians for a settlement with HL&P. A public hearing befare City Cauncil was required to. hear citizen camments an the rates. The public hearing wauld be an the agenda for the March 11, 1991, regular 1~4 City Cauncil Warkshap' Sess"ian,f".ebru,ary 25, 1991 sessian together with anOrcfina.nce.relating ,to. the ,r:at~s, to. be charged in West UniversitY.Pla.ce.. " MATTERS RELATING TO . GENERAL ,:PERSONNEL ,MATTERS: . ~ " , Mayar Higley recessed.thewarkshap ',sessian at 10:30 p.m~, to. go into. aclased ,executive sessian:as autharized by the Open Meetings Act, TEX., ,REV. CIV. STAT. ANN., as amended , Section 6252-17, Sectian 2(g): Discussian af Personnel (genera.ldiscussion af pasitions). , ' j - . , ~ " At 10:45 p.m., Mayar Higley:reeonvenedthe workshop sessian. ADJOURNMENT: , With no further business to. came before City Council at this time, matian was made by Cauncilmember Redeker, seconded by Cauncil- member Bell, thatthe.war~shap session adjourn. ,S~Gh mation carried and the meeting was adjaurned at 10:50 p.m. Laura C. Higley May()r Audrey Nicha,ls City Secretary J..~tJ TI REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 25, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Caunci 1 canvened in regul ar sessi an in the Muni ci pal Bui 1 di ng, 3800 University Baulevard, in the Cttyaf West University Place, an Manday, February 25, 1991, with the fallawing members present: Mayar Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watsan. Also. present were ,the City Manager, City Secretary, City, Attarney, Di rectar af Fi nance and Admi n.i strati an, Di rectar af Pub 1 i c Warks, the Fire Chief, the Chief af Palice" and the, Directar of Canstructian and Engineering. Mayar Higley delivered the invacatian and led the Allegiance to the flag. HEARING OF RESIDENTS: J Mayar, Higley invited residents to. speak who. had matters they wished to. bring to. the attention af, the City Cauncilwhich had nat previausly been submitted to. the City Manager. Irene Gysler, 4114 Tennyson, spake.' to. City Cauncil cancerning the, drainage af her backyard., ,Mrs. Gysler claim~q ,the new hause canstruction next daar cantributed to. water standing in her yard a fter a ra in. The bu i 1 der af the new hause ins ta 11 ed a waaden retaining wall, bu~:tt .was natTetaini09 the rain water and mud was cami ng thraugh the. w,all ' to. her, praperty. Mrs. Gys 1 er was af the understanding that the site drainage ardinance required ,retaining walls be canstructe~ aut af cancrete. Mayar Higley explained that the ardinance daes ,natspecify the type af ma teri a 1. Ci ty Manager, Mi ke Tanner reported he had i nS'Pected ,Mrs. : Gys~ er,1 s preperty and ,the nei ghbar.' s property. The builder had~amplied'with theardinanGe~ , -l' , '!,,; , I' ,~ i i j , Caunci 1 member Be:ll recammended, _City Caunci 1 caosjder G~anging the ) ardinance. )'" '\ ' i' ' I, J R i cha rd Yeh,l e, : 4232 M,Htan, ,addressed, three areas ,qf can cern . '! The ,first was' the 'cond,iti.-ansl ,af ,sidewalks, the ,se~anq was barking dags and the third ,was' 'garbage bags placed curbside befare 12 haurs an the scheduled pick-up day. Mr. Yehle did nat think the city's ardinances were being enforced apprapriately. Mayor Higley explained that letters were sent, tar:e,sigents who. put their garbage aut taa early. That actian had,receiv,~d a certain amaunt of success aver the years. Barking dags must be en farced as a respanse to. a resident's camplaint. i1 . ) , ':1 , , , 126 Regular City Cauncil Meeting, February 25, 1991 Palice Chief Steve Griffith explained that the act af a dag barking, in itself, was natillegaL It becames illegal when it is a nuisance whichmustbeenforced~by a camplaint. Councilmember Redeker commented that repeat affenders far barking dags andtaa-early trasW'shauldbe eited. Mr. and Mrs. Zibdawi, 3771 Rice, 1 ive across the street from the library and behind the schaal playgraund. Their concern was with the noise assaciated with the spartactivities on the playgraund fields behind their hauseand with the children ,who. play araund the library and the ~ammunity building after schaoL Mr. Zibdawi claimed he and his wife !cauldnot enjay their yard because: they had no., privacy'. Mr. Zibdawi requested cansiderationbegiven:ta building same sort af ,saundbarrier behind thei r house taprotect',theml 'and' thei r dags .He suggested a 10-faat fence. He was also. in favar af having the pitching maund remaved frambehind his hause. Mayar Hi gl ey suggested he talk to. Tri -Sparts 1 eaders and far Mr. Zibdawi ,to. call city' hall and get tel ephane numbers to. reach thesepeaple. ,Mayar Higley :suggested Mr. Zibdawibe given a copy of the rules cancerning fences.. Mike Tanner advised :that as,langl as the children were behaving apprapriately,the li'brary situatian was nat samething the city would'be able to. do. anything abaut. Gardan Smith, 2640 Barbara Lane, reparted that,the hause at 2607 Barbara Lane was purchased,' demo] ished and the praperty divided into three lats. Given thecity's, current zaning ardinance, this is perfectly legal as the praperty was platted as three separate 1 ats . Hawever, in the Pemberton subdi vi s i on, the lats are all platted at a width of 50, feet, but ,the building site was several lats. It was his understanding 'that the size af the building site would prevail. Mr. ,Smith explained the res,identsinthe Pembertan subdivision wanted the ardi nance changed sa that this sort of thing can not accur again. He requested cansideratian af two. thi ngs: (i) an ame'n'dment to. the zani ng ardi nance sa that the size af the building site wauld prevail and (ii)same kind af help to. deal wi th the bui 1 der to. try to. get him to. di vi de the praperty 'i nto two. lats rather ,than three.- Mr. Smi th presented a petiti an signed by 45 re'sidentsprotesting the building af three houses where one had ,existed., He requested a copy of the petitian be farwarded to the builder., Mike Tanner explained to. Cauncil that staff ruled that, under the current zaning ardinance, the builder cauld build an each af the threelbts. Bernie Minard, 2639 Pemberton, spake to. Cauncil and pratested the current zaning ardinance which allawed three buildings an' ane farmer building site. Mr. Minard expressed cancern with the pracess far approval af permits. Regular City Cauncil Meeting, February 25~ 1991 J..~ I Mayar Higley suggested Cauncil present the IIbuilding site vs platted lats QuestianU to. the' Zaning andPlanriing Cammissian with Cauncil IS recammendation that an amendment be included in the zaning ardinance. The Mayar further suggested she write a letter to. the builder stating Cauncil's dismay with his plan to. build three hauses an the praperty ,and also. send hi:m ,a copy af the petitians. City Attarney Jim Daugherty explained that such a change wauld have to. be unifarm acrass the district. City Council would have to. create a separate district far a restrictian to. limit building as a building siteratherthan-bui lding per platted; .lot. The re~ult wauld be a separate single-family district andwauld state the differences. Peter Pawell, 2606 Caralina Way, presented anather petitian af 47 signatures pratesting thebuildiilg af three hauses on the praperty at 2607 Barbara Lane. Mr. Pawell stated the residents in the PembertanSubdivisian, wauld like to. get all the suppart they cauld fram City CaunciL Mr., Pawell encauraged City Cauncil to. cansider a letter to. the builder stating Cauncil's displeasure with the plan and consider delaying any permitting process. The residents wauld settle far two. hauses but nat three. Jean Baehm, 2620 Barbara lane, spake in protest a-f three hauses being built at 2607 Barbara Lane,.: She was af the ,understanding that the building site' wauldlllrevail aver any Questian to. build three hauses at that lacatian. ) I CITIZENS RESPONSE TO AGENDA ITEMS: " MayarHigley ,invited res'ide,nts 'wha-,.wished to address_,a specific agenda item to. speak at this time. 'Jahn Stokes, 2920 Ri ce,: requested support for. the Haustan- Tenneco. Marathan far next year. It is the twenti eth a,nniwersary af the Hou'stan marathan. He requested Caunctl's apprava 1 to. ,use the city streets an February 2, 1992. > : J ; :1...., .! I IT~M3 TO B~ ~EMO'v'Ef) FROM THE 'CONSENT ABENDA. Item No.. 12, Matters Relating taGity Services: Survey, and Item No.. 13, Matters Relating to. Fences and Beautification af Water Well #7 Site. were r,emaved from the can sent agenda. CONSENT AGENDA: " J Matian was made by Cauncilmember Redeker, secanded by Cauncil- member Bell, that with the exception af Item_s No.. 12 and 13, the cansent agenda be appraved in accQrdance with staffrecammendation. l~M Regular City Cauncil Meeting, February 25" 1991 Vating Aye: VatingNa: Absent: Mayar Higley, C,ouncilmembers Bell,J,enkins, Redeker, Watsan Nane '" Nane MATTERS RELATING TO THE: HOUSTON~TENNECO:MARATHON FOR 1992: . Cansideratian was given to. the request for appraval far the use af the city. s streets far the Houstan-Tenneca Marathan scheduled far February; 2, 1992. Matian was made .,by i.Cauncilmember Jenkins; secanded by Counci lmemberRedeker ,tha tCity" CQu,nc i 1 apprave and authari ze the use af University Boulevard and Weslayan for the Haustan-Tenneca Marathan, February 2, 1992, subject to receipt af an insurance certificate naming the city, as ,an additianal insured and the Hald Harmless Agreement used'in previous marathan events. .. , VatingAye:, Mayor Higley, Cauncilmembers Bell, Jenkins, Redeker,.,Wa tsan Vating No.: Nane Absent: Nane MATTERS RELATING TO AIR-CONDITIONING UNIT AT THE LIBRARY: Cansideratian was given to. ,authorize advertising far bids far emergen,cy replacement,afthe air-canditianer at the Library. . ; I Staff recammended Cauncil autharize receiving emergency bids to. replace the unit. The Library has experienced cantinuaus prablems with the air-canditioning unit. The ariginalunit was installed in 1967. Accarding to. estimates received, repairs will cast appraximately $5,000 and a, ,new unit will cast appraximately $6,300. Mati an was made by Co.unc ilmember Redeker, secanded by Caunc i 1- member Bell, that City Council al,Jtharize staff to. secure emergency bids to. replace the air-canditiontng unit at the Library. Vating Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Bell, Jenkins, Redeker,.Watsan Nane None PURCHASE OF COFFEE SUPPLIES: Cansideratian was given to. staff's recammendatian far award af cantract for purchase of caffee supplies. Bi ds recei ved far coffee supp 1 i es were opened an February 1, 1991, and are as fallaws: [ Regular City Cauncil Meeting, February ,25, 1991 .l~~ j Bidder Net Bid Jacks Cup 6019 McKnight Haustan, Texas 77035 Sauth Texas Vendars 2701 Capital Haustan, Texas 77003 $ 4,556.83 $ 4,556.83 u Big State Vending , 6201 Gulf Freeway Haustan, Texas 77023 !I ; $ 4,911.90 ARA/Cary 1665 Tawnhurst Haustan, Texas 77043 $ 8,388.15 ~ j Brand Caffee Service 1110 Washingtan Haustan, Texas 77002 Ozarka 1930 Lauder Raad Haustan, Texas 77039 $ 8,315.10, ' $ 8,797.87 Custam Caffee Plan 11519 So. Petropark Dr. Houstan, Texas 77041 $ 8,867.60 Service America Carp 15951 Park Raw Haustan, Texas 77084 $ 9,011.91 1 r AVS Faads Services 9391 Gragans Mill Rd. Waodlands, Texas 77380 $10,359.20 Staff's first decisian was to. purchase a name br~nd\ rather than an aff-brand. Even thaugh bath net bi ds fram Jacks Cups and Sauth Texas Vendars were, the same, Sauth Texas Vendars bi d on Fa 1 gers was $17.00/case campared taJack~ Cups bid, (an :~the same brand at $17.50. Staff recammended the cantract be awarded to. Sauth Texas Vendars. J Mati-an was made by "Counci lmember Redeker, secanded by Caunci lmember Bell, that City Cauncil accept staff' s recammendatian and award the cantract to Sauth, Texas Vendars at the net bid far $4,556.83. 13U Regular City Council Meeting., February 25" 1991 Voting Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Bell, Jenkins, Redeker, Watsan Nane Nane PURCHASE OF AUTOMOTIVE LUBRICANTS: Consideration was given to. staff' s recammendatian far award af cantract far purchase af autamative' 1 ubricants. Bi ds were received an February 8, 1991, with the fallawing results: Auto. Trans & Torque Fl u i d Bidder Hydrau 1 i c Matar ,".,. Oil ,Oil:. " i), ,_I Grease A.J.Hurt, Jr. $3.27jgal 3354 Old.Spanish Trail Houstan, Texas 77221 $1.92/gal $2.75jgal $0.61 Sundance Fuels,Inc $3.25/gal P.O. Bax 2439 Spring, Texas 77383 Staff recommended the cantract be awarded to the law bidder, A. J. Hurt, Inc., at the prices listed. '. $2.36jgal $2.95/gal $0.69 Matian was made by Councilmember Redeker"secanded. by Cauncil- member Bell, that City Cauncil accept staff's recammendatian and award thecantract to the law bidder, A. J. Hurt, Jr., Inc. Voting Ay~: Voting,No: Absent: , , Mayar Higley, Cauncilmembers Redeker, Watsan Nane Nane , , , Bel), yenkins, WATER LINE REPLACEMENT PROJECT, PRIORITY AREA 2B: Cansideratian was given to. Change .Order I No.. 3. in the amaunt af $157.84 and 15 days extensian, of time submitted by RWL Canstructian, Inc., far additional hat mix asphalt supply and 'appl i ca ti on far the water 1 i nerep 1 acement in. pri arityArea 2B. Motion was made by Cauncilmember. Redeker, secandedby Cauncil- member Bell , that City Cauncil apprave Change Order No.. 3 in the 'amount ':Jof ' $157.84 and the ext.ensi an af 15 qays, to. the RWL Canstructian Inc., cantract. Vating Aye: Mayor Higley, Cauncilmembers Bell, Jenkins, Redeker, Watsan Vating No.: , ,~Nane , . Absent: Nane Regular City Cauncil Meeting, February 25, 1991 ..L~.l WAKEFORESTElEVATED WATER 'STORAGE PROJECT: ' CanSideratian was given'to Manthly Estimate No.3 in the amaunt af $35,490.81 submittedbyPitt-Desmoines, Inc., far work perfarmed December 26, 1990 through January 25, 1991, an the 500,000 Gallan Elevated Starage. ' Matian:was made by CauncilmemberRedeker, seconded by Cauncil- membe r ' Be 11 , Estimate No.. Pitt-Desmaines, Elevated Tank. Vating Aye: Vating No.: Absent: that City 'Councilapprave far payment Manthly 3 in the amount. af $35,490.81 submi tted by I nc., far work perfarmed an the 500,000 Ga 11 an Mayar Higley, Cauncilmembers Bell, Jenkins, Redeker~ ~atsan None None SANITARY SEWER RENOVATION, PRIORITY AREA 3: ' Cansideratian was given'to Manthly Estimate No.. 9 in the amaunt af $138,707.13 submitted by' George M. Canstructian Campany, Inc., far wark performed December 26, 1990 through January 25, 1991, an the pHarity Area Na~3 Sanitary Sewer 'Renavatian. Mati an was made by ;Gauhcilmember Redeker, secanded by Caunci 1- member Bell, that' City', Caunci 1 apprave far payment Manthly Estimate No.. 9 in the amount ;of $138,Z07.13 submitted by Gearge M. Canstructi an Campany, Inc., for wark perfarmed December 26, 1990 ,thraughJanuary 25, 1091, on the Priority-Area No.. .3 Sanitary Sewer Renavatian. Vating Aye: Vating No.: Absent: Mayar Higley, Cauncilmembers Bel1~Jenkins, Redeker, Watsan Nane ' None' MATTFRS RFI ATTNr, TO r.TTY SFRVTr.FS SIIRVEY: Consideratian was given to. apprave and autharize a city services slirvey~' " !; " , , ' Matian was made by Caunci lmember Redeker, seconded by Caunci 1- member Jenkins, that 'City Cauncil table cansideration af the survey until the workshapsessianwas reconvened fallawing the regular'session. VaUng Aye: Vating No.: AQsent: MayarHi gl'ey, Counci.1members Bell;J,enki ns, Redeker; Watsan, ': Nane :" I " ~: Nane , : i:, \ l;jZ Regular City Council Meeting, ,February 25, 1991 MATTERS RELATING TO FENCES :AND BEAUTIFICATION OF WATER WELL .#7 SITE: Ci ty' Manager Mike Tanner, reported an three fences under cansideratian far Cauncills,ap~raval. (a) The prapased 426 linear feet af split ra ilfence ( 3 faat tall cedar) at Judson Park will be canstructed parallel to. Judsan andSauth 'Judsan'. ,It will tie in with the existing ", cyclane fence andesseritially' clase in thatpark~. It will ,- help prevent children from chasing balls, into. the street. (b) The 2,400 linear feet af cammercial fence (4 faot tall cyclane - existing fence remaved) appraved at the February '11, 1991, CityCauncil.meeting, shauld nat be canstructed until undergra~nd utilities .near its lacatian have been ,replaced. The exi sti ng fencecauld, be damaged ar destrayed by canstructian activities.' Plans to. replace undergraund utilities cauld incarparate fence canstructian and utilize band praceeds. " (c) The alternative,;ta;the censtructian af a tight board fence (140 linear feet:af 8:faat ,tall cedar ;.. ex; sting fence remaved) at the Bissor'lnet ,wel,l site ,wauld be rehabilitatian af the cammercial fe'nce (6 faot tqll cyclane with 1 faat af barbed wire), the placement af 30 large red tip phatinias and canstruction ofa'gazeba,'like structure to. ,~educe naise. The cast shauld 'not ,exceed, $3,600. The existing well facilities wauld be painted., Cauncilmember Bell cammented that'the well site an Bissannet was the entrance to. the west end af the city, and he thaught the city needed to. have a better, mare attractive fence. He suggested a wraught- i ran fence.' ;' City's Cansulting Engineer Dieter Ufer explained that the fence along the wes t side af the well site needed to. be removable fencing to. accammadate wark-aver rigs when necessary. Mayar Higley suggested that City Cauncil delay making a decisian an the wells ite fence ,until staff can get a ' price far the installatian af a wraught-iron fence. It was further recammended that Caunci 1 accept staff's recammendati an - and postpane repl aci ng the fence alang Paor Farm Ditch. ' .'.\ " Cauncilmember Jenkins suggested City Cauncil cansider nat building the split rail fence at Judsan Park and leaving ,the park apen. The cyclane fence was ald and deteriarated and shauld be remaved. Mi ke Tanner expl ained that' when- the park plan was impl emented a natural berm, ar same:othernatural barrier, wauld replace the cyclane fence. Matian was made by' Cauncilmember Watsan, secanded by Cauncilmember Redeker, that City Cauncil autharize the i nsta 11 ati on of a 426 linear split rail fence at Judsan Park. ~ Regular City Council Meeting, February 25, '1991 .L;1;J l Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson Counci lmember. J,enki ns None Motion was made by Counci lmember -Bell, seconded by Counci lmember Jenkins, ,that City Council postpone the replacement of the fence along Poor Farm Ditch but to include it in the construction of sanitary sewer renovation project in that location. Voting Aye: . Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Motion was made by Councilmember Bell, seconded by Councilmember Watson, that City Council postpone a decision on the fence at the well site on Bissonnet until staff can gather price estimates on wrought-iron fencing., Voting Aye: Voting No: Absent: l Mayor Higley, Councilmembers Redeker~. W.tson None ,None :, Bell, Jenkins, . ' , INVOICES ,RELATING TO UTILITY RELATED PROJECTS: " , I \ l ~. Consi deration was ,g,iNen to" the invoices tota 10ing $11 ,982.01 s'ubmitted by Langford Engineering Inc., for services on the following projects: '(a) Invoice No. 6362 i.n the amount. of $4,060.59 for 1011 Sanitary Sewer. Replacement .in Easement of Emory and South Judson;, ----.J , . ,,: 1._ (b) . . Invoice No. 6363 in the amount of$4s987.01 for Priority Area 3, Sanitary Sewer Renovation; (c) Invoice No. '6364 in the amount of $745.17 for Phase 1, . Priority ; Area 4, Sanitary Sewer, Sunset Terrace Subdivision; . (d) Invoice No. '6365 'in the amount of '$419.67 for Priority Area 2B, Water Replacement Project; and (e) Invoice No. 6366 in . the amount of $1,769.57 for Wakeforest Water Plant Expansion. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that City Council approve for. payments the invoices submitted by Langford En'gineeri-ng Inc.,'as listed. I J i.... ; . :;j.' 1;::S4 Regular City Council Meeting, ,February 25, .1991 'Voting Aye: Voting No: Absent: Mayor Higley,:Councilmembers Bell, Jenkins, Redeker,Watson NOne . I ',' None [ CITYCOUNCTL MEETING, MINUTES: ' Consideratien was g~yen to ;the mJniutes of the following City Council .meetings: , .' (,a) ,Regular ,Ci,ty CoulJcil iMeeU,ngon"Janu(!.ry,28, 1991; and (b) .City Council Workshop Session on Janugry ?8,:1~91. Councilmember Jenkins offered a correction to the workshop mi nutes ,as follows: . . " -,' . IIMATTERS RELATING TO TREE ISSUES - DISCUSSION ONLY - PRESENTATION BY LINDA DAY: , " Linda Day and Diana Freeman 'gave a sl ide presentation on the condition of trees ,in the city especially at construction sites. They suggested a tre~ ordinance to provide greater protection for trees not only in the street 'right-of~wayareas" but throughout the city. Ms. Day suggested Council consider hiring a City Arborist, for, tree pretection. Estimated cost of having a 'City Arbor,ist Qnstaff was discussed as well as having one on retainer., SinGe ,Council previously authorized Add: investigation of a summer , " intern team. to inventory, the ri ght-of-way trees in the city,it was agreed - to-wait until their report was completed before deciding whether to proceed with more aggressive tree regulations. If Council should decide to proceed, ,the. :City Arborist. could be q>nsidered during the next budgeting process.1I Motion was made by Councilmember Redeker, seconded by Counci 1- member Jenkins, ,that 'City Councilqpproved the minutes as corrected. [ Voting Aye: Voting No: Absent: Mayor Higley~Councilmembers Bell, Jenkins, Redeker " Watso.n None None COUNCIL COMMENTS: .' .J Councilmember Redeker; lasked ;about the stop signs being installed in the city. Chief of Police Steve, Gri;ffith explained that City lliil'" Council approved the stop sign criteria and he was following the < criteria to install the signs. The city has installed stop signs ..LoU Regular City Council Meeting, February 25, 1991 II j at six or seven looations.: : Councilmember Redeker received a complaint from a resident that the 'stop signs were ~ontributing to air pollution. : . " Mike Tanner commented that at some point, staff and City Council may need to address stop sign criteria and make some changes. , l Councilmember Redeker commented City Council, received recommendati on from several sources on the protecti on and preservation of trees~" Where does .City Council stand at this time. Mike Tanner reported that some time this summer s-taff .will bring together all the information :that' we have received, including that gathered by the summer interns and decide duri,ng the budget process what we would and would not do. " -~ Councilinember Bell reported' that White, Sand Home Builders Inc., was building a house' at. 2731'. Nottingham and discovered a problem with the survey in which 16 errors were found. The owner went to the Zoning Board of Adjustment last week. Because one person on ZBA was employed as an attorney representing one of the homeowners, he cou 1 d not vote on the ques t i on before them. It disquali'fied the "quorum.' '-The owner .is trying to' sell his house and Councilmember Bell thought the, city may: have created a hindrance to the sale. Mi ke Tanner exp 1 a i ned he unders tood the survey was wrong. They worked off the. wrong: '1 ine-~'. Instead:- .of -having a' 3, -foot setback that is. required, they 'ha-da 1-311 foot setback at ,the .end of the garage. The ZBAhad:four peop.le : present, but ,it,; r.equires an affirmative vote of four to grant a variance. -With the, withdrawal of one of its members due to theconfl i ct,. :- they, cpuJ d not act. There has been a problem with attendance on the ZBA. Council's recent appointment of Robert Crain (who served on the ZBA) to Assistant Prosecutor further exacerbated the situation. In this particular incident, the ZBA recessed their meeting to the followi'ng Thursday to get a quorum present. It was agreed there was a need for more people on the Zoning Board of Adjustment. Councilmember Bell questioned the area in the College Court where there are ditches, do the ditches belong to the city? If the city cleans out the ditch and removes the grass, will the city replace the grass? Mike Tanner would check into the situation. policy on the question. There is no set 1 ~ Counci lmember Watson who spoke to Counci 1 though issues were dissatisfied. commented that he di d not think the peopl e tonight got a satisfactory response. Even explained, he felt the residents left l;i{j Regular City Council Meeting, ,Pebru:ary,25, J991 Mike Tanner reported he" spoke to ,almost everyone of the people and I ~~:e~e~~~~e:~o O~p~t~f::r~d~S~een\oti~:l;i i~e~~:l ;::i~6ni:ke ~~~: ~~ l the situation on their respective property. Mayor Higley reported .she' recelved three letters compl imenting the Police Department, the Fire Department and the Public Works Department. . -, ; Mayor Higley asked Council if they,,wou,ld agree to her writing a letter of appreciation to the Parks Board and the Zoning and Planning Commission for their recommendations on trees and let them Amow the: recommendatiens wou.ld i.be .considered at the time of the, next buclget., City.:.'Council. was agreeable'ito sending the letters.: ,.' ~J . t':. .;: J,. Mayor Higley asked if Council' would be in favor of sending a letter to the builder at 2601, Barbara Lane tot,ry to discourage him from buildi ng three houses at that site and to' include a copy of the 'petitions. IGityCounci] concurred. STAFF REPORn: 1 '." .,; City Manager Mi ke Tanner. had nothing further to bring to Counci 11 s attention at this time. ADJOURNMENT: W.ith no further business to come ,before City Council at this time, motion' was made by Councilmember Bell, seconded by Counci lmember Jenkins,; that the. regular session be adjourned to reconvene the workshop session. Such motion carried and the regular session was adjourned at 9:20 p.m.' . Laura C.Higley - Mayor ~or:t~ City Secretary J' I.; r '- .1.~' CITY COUNCIL WORKSHOP SESSION MONDAY, MARCH 11, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. ****************************************' City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, March 11, 1991, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and' Watson. Councilmember Redeker arrived at 6:35p.m. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, the Fire Chief, Chief of Police and the Director Engineering and Construction. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed the regular session agenda. Discussion included purchase of a street sweeper and improvements to the water well #7 site. MATTERS RELATING TO REVIEW OF FRIENDS OF WEST U PARKS FUND PROSPECTUS: Dave Agerton and Russ Schulze reviewed the text of a fund raising prospectus which the Friends and Parks Board developed for use in the Campaign' for, West University Parks. If Council approved of the information presented. in the prospectus, the Friends and Parks Boards will use it to reach foundations, corporations and private individuals to seek .contributions to the city.s park plan. r, Mayor Higley questioned whether the prospectus needed to be more specific on how a donor's name might be displayed at a park site. After discussion it was agreed there was' a'.need, for flexibil ity on this point. Councilmember Watson suggested that, in the description of the city that mention of IIresidents have begun to 'counte'r-'the';'threatof the"stress:'of life in ,the,bjg city to overflow -into West. Un.iversity Placellmight be rephrased and also suggested de,letion of' the "reference to', IIWo.rking," to decrease traffic speeds". Councilmember Watson did not consider that statement relevant specifically to park development. It was agreed that statement would be removed or expressed in a more appropriate tone. With the exception of that one change, City Council generally accepted the prospectu'sas presented. Mr. Agerton advised that the prospectus woul d be pub li shed wi thi n the next 4 to 5 weeks. Mr. Agerton reported that a House Bill No. 1573 was being introduced for which he asked support from the city. HB 1573 would add a 2% sales tax on cigarettes dedicated to park development in the state. Mr. Agerton further reported the Parks Board would come back to Council in the next few weeks to 13M City Council Workshop Session, March 11, 1991 request authorization for engineering services on the Milton Street park site. I L COUNCIL COMMENTS: Councilmember Bell requested the ordinance requiring sidewalk construction on the side yard of a corner lot be placed on the agenda for next workshop for discussion. He suggested Council reconsider requiring sidewalk construction on a side yard where there is no sidewalk on the adjoining side yard. Councilmember Redeker requested information concerning plans for the use of two Jots ,on Ruskin fer parking. Staff explained the lots were specified for parking use in 1975. Mayor Higley reported the school board voted to buy land along Braes Bayou for the expansion school. It is anticipated the school will be a Rice Lab School. Mayor Higley further reported that staff would investigate the possibility of refinancing the city's bond money to perhaps obtain a lower interest rate. STAFF REPORT: City Manager Mike Tanner reported the street overlay project in Priority Area ~ was in progress. The process would greatly improve the streets in that area. Mayor Higley recessed the workshop session at 7:30 p.m., to convene in regular session. [ At 8:10 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were the City Manager and City Secretary. MATTERS RELATING TO BOARDS/COMMISSIONS/COMMITTEE APPOINTMENTS: Mayor Higley recessed the workshop session to go into a closed executive session as, authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Section 2(g): Discussion of Personnel (Appointment of Zoning Board of Adjustment Members). The City Secretary was excused at this time. At 8:25 p.m., Mayor Higley reconvened the workshop session. ADJOURNMENT: With no further. business to come before City Council at this time, motion was made and seconded that the workshop sesslon adjourn. Such motion carried and the workshop was adjourned at 8:27 p.m. [ City Council Workshop Session, March 11, 1991 ~..~..: Audrey ~hO 1 s " k City Secretary J ] .l.i)V Laura C. Higley Mayor ',1 .lLJ:U REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** l City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, March 11, 1991, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, City Attorney, Director of Finance and Administration, Director of Public Works, the Fire Chief, the Chief of Pol ice, and the Director of Engineering and Construction. Councilmember Bell delivered the invocation, and led the Allegiance to the Flag. INTRODUCTION OF NEW PERSONNEL: Director of Finance and Administration Donna Sims introduced Victoria Imo, Accountant/EDP. Di rector of Public Works Curti s Cooper introduced Rosa 1 i e Trevino, Community Building Secretary. PUBLIC HEARING CONCERNING HOUSTON LIGHTING & POWER COMPANY RATES: Mayor Higley announced she would not participate in the discussion or in any action concerning the Houston Light & Power Company rates and submitted the following: IIAFFIDAVIT STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared Laura C. Higley, who, being by me duly sworn did depose and say as follows: My name is ~aura C. Higley. I have a IIsubstantial interestll in the Baker & Botts Law Firm (the IIbusiness entityll), in that I am employed full time by the business entity and receive, at least 90% of my annual income from that entity. I believe that a vote or decision of the City Council to adopt rates, adjustments, and determinations relating to the rates filed by Houston Lighting & Power Company mayor may not have an affect on my law firm. I am taking this action to avoid any appearance of conflict of interest. I intend to abstain from participation in any action regarding this matter, and f am filing this [ City Council Regular Meeting, March 11, 1991 J..Ll1. affidavit to be incompliance with the Texas Local Government Gode,and the'City Charter. Siqned:/s/Laura C.fli~lev Laura C. Higley, Mayor STATE OF TEXAS ~ COUNTY ,OF HARRIS ~, BEFORE ME, a notary public, on this day personally appeared Laura C. Hiqlev ,known to me to be the person whose name is' subscri bed to the foregoi ng document ~rid, being by me first duly. sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this 11th day'of March . ,i A.D., l22.L. Is/Audrey Nichols NotaryPubl ie, Signature seal My Commission expires: 4-19-93 FILED wi th me, the offi ci a 1 record keeper of the Ci ty of West University Place, Texas on this the 11th -day of March', 1991, at 7:25 o'clock --1h.-.m. Is/Audrey Nichols Audrey Nichols City Secretaryll Mayor Pro Tem Bell ca.lled: to order the publ ic hearing to provide an opportunity for citizens and parties in interest to be heard in relation to the propriety. of the proposed change in rates filed by Houston~ Uighting & Power Company to be charged for electric utility service in West University Place. Mayor Pro Tem Bell ca 11 ed on City Attorney ,Jim Dougherty~ for staff comments. ; . I . ,1, Mr. Dougherty reported that HL&P had filed for rates tota 1 i ng $552,000,000 which was an increase of 11.6% for the ,ratepayers. The City of West University Place joined with the Coalition of Cities which has made:a recommendation for Council action and is recommended for adoption ,by the city staff.' ; -; Mayor Pro Tem Bell invited comments from representatives from Houston Lighting & Power Company. Mr. Roy E. White, District Manager, did 'not.wish,to'make:any comments. .''.. ; I Mr. Dougherty further reported that the Coalition of Cities' negotiated agreement was less than HL&P's proposed rates and was in the amount of $323,000,000. The coalition's agreement calls for increases from 9% to 12% depending on the type of customer. The rates will probably become effective by the end of this year and will be a one-step rate rather than a two-step rate \ :'1, .l4~ City Council Regular Meeting, March 11, 1991 proposed by HL&P. The enti re,recommendation, dated January 23, 1991, was enclosed in the agenda packet and contains detailed information. I L Mayor Pro Tem Bell invitedcomrtJents from the audience. There were none present who wished to speak. Mr. Dougherty explained that the company, the coaliti,Qn and the Pub 1 i c Uti 1 i ty Commi ss i on have reached an agreement upon certai n numbers that are close to , the ~oalition, of Cities' recommendation. Other things in the proposal of interest to the city are the franchise fees ,which were surcharged on city residents only. These fees wi 11 be spread over the entire system throughout the county and wi 11 , reduce fees the city res i dents wi 11 pay. Also it is proposed that the franchise fees will be paid quarterly to the cities rather than once a year which will increase the cities. ca.sh flow. The proposed settlement allows a city to not pay a franchise fee on their own rate. The proposal will probably not take effect until May. All the cities in the coalition will be asked to approve the settlement. The Public Utility Commission will approve it before it's effective date. Hearing no further comments, Mayor Pro Tem Bell closed the publ ic . hearing. - ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING AND I, POWER COMPANY: l Mayor Pro Tem Bell read the caption of the following ordinance for Council's consideration: ORDINANCE NUMBER 1393 AN ORDINANCE RELATING TO' RATES TO BE CHARGED BY HOUSTON LIGHTING AND POWER' COMPANY FOR., ELECTRIC UTILITY SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY I PLACE, TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVERABILITY AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1393t in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that Ordinance Number 1393 be adopted on first and final reading as presented. [ .1.L:lu City Council Regular Meeting, March 11, 1991 Voting Aye: Voting No: Absent: Abstaining: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None None Mayor Higley LONG RANGE RECYCLING COMMITTEE:, With Mayor Higley presiding, ,the following was heard by City Council. Judge' Mi cho 1 0 ~ Connor, , Cha:j r ..' of the Long Range Recycling Committee introduced ,the'membersfrom West U, Elementary School. Bubba Peters was the spokesman and presented a reso 1 uti on requesting Gity Council study the possibility of adding bi-metal cans to the items that are picked up at curb-side. Members of classe's from the Fourth Grade were present. Mayor Higley explained that this type of request was referred to city staff to determine the costs and feasibility of the project. Motion was made by Counci lmember Rede.ker, seconded ;by Counci 1- member Jenkins, that City Council request staff to study curb-side pick up of bi-metal cans and to report their findings to Council. Voting Aye: Voting No: Absent: Mayor Hi gl ey, Counci 1 members Bell, Jenki ns, Redeker, Watson None None TREE CITY USA DESIGNATION: Mayor Higley announcecl that ,t.he Gityreceived the honor of being designated as a Tree City USA.: ,The Regional Urban Forester presented a Tree City USA flag to the city and a plaque to be hung in City Ha 1 L " '", CERTIFICATE OF CONFORMANCE FOR EXCELLENCE IN FINANCIAL REPORTING: Mayor Higley presented the Certificate of Conformance to Donna 'Sims, Director ,of Finance .andiAdmini:stration, ,and,i,nformed City Council that this was the seventh successive year the city has received the honor for excellence in financial reporting. Donna Sims acknowledged her staff's contr.ibutions to earning the certificate. HEARING OF RESIDENTS: J Mayor Higley- 'invited ,'.res':idents to' :speak. who j had' matters they wished to bring tethe attention of. the City Council"which had not previously been submi.ttecl to; the,'City'Manager. Marcella Donadio, 4116 Coleridge, spoke concerning sewer problems she had experienced for the last three years. When there .1LlLl City Council Regular Meeting, iMarc;:h"ll, :19Ql is a heavy rain, the city crews ,must clean out the city's line so [ that her private lines, will drain properly. However, many times,i she is required to call a plumber before her, lines will drain. .. Mrs. Donadio proposed that when, the city crews,. clean out the city's lines, that they beauthori~ed to clean her line also. Mi ke Tanner responded that the problem in the 1 ines was from infiltration during heavy rains. Mrs. Donadio is one of several residents with such a probl em. ; Tbe city wi 11 need . to consider another bond issue before a true solution can be made. Mr. Tanner suggested that the sewer 1 ine replacement priorities may need to be reviewed. and updated to, meet the needs of, this area of the city. Mr. ,Tanner explai.ned~bat"cit.Y, crews were nQt .iiuthorized to do ,work on private property. He ,suggested the question be discussedwjth the City, Attorney before making a decision. , J , I CITIZENS RESPONSE TO AGENDA ITEMS: . Mayo.r Higley invite!=l:.resic:lents ;who ,wished to address a specific agenda item to speak at thjs time. There were none present who wished to speak concerning an agenda item. '.1 t,. , ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: , , , Item No. 16, Matters RelatinQ ) to., Fences and Beautification of Water Well #7 Site, was removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Redeker, seconded by Council- member Bell, that the consent agenda be approved in accordance with staff recommendation. ; Voting Aye; .', Voting No: Absent: . .." - Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson N,o.ne.;" . None ORDINANCE RELATING TO TECHNICAL CHAN'GES TO THE ZONING ORDINANCE: " Mayor Higley presented the Qrdinance for Counci;l's consideration and read the caption, as follows: i ORDINANCE NUMBER 1394 AN ORDINANCE RELATING TO ZONING AND LAND USE; ADOPTING' AND READOPTING THE _ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, .TEXAS;,. WIJH ~MENDME~TS TO THE TEXT AND CHANGES TO THE ZONING DISTRICJMAPi;: AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. City Council Regular Meeting, March 11, 1991 .l.QD Copies of Ordinance Number 1394, "in the form required for adopti on, were avail ab 1 eto : a 11 members of City'Counc i 1 and a reasonable number of additional copies available to interested citizens present. ' , Motion was made, by Counci 1 member Redeker, seconded by Counci 1- member Watson, that City Counc'i 1 bring forward the findings and determinations made when City Council originally -adopted Ordinance No. 1335, AN ORDINANCE RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ARCADES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJ~CT,'on January 9, 1989, as follows: (a) Report to Houston City Council by the Committee on the Regulation of Sexually Odented Businesses, dated March 5, 1986; (b) Report to Houston City Council by the Committee on the Proposed Regulation of Sexually Oriented Businesses, dated November 30, 1983; (c) City of Dallas urdinancelicens'ingand regulating sexually oriented businesses along with a study prepared for the City of Austin documenting' the problems and the impact on communities where sexually oriented businesses are located, this report dated June 12, 1986; and to make all of this information part of the record pertaining to Ordinance Number 1394'. ' \ \ Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None . 1 Motion' was then made by Counci lmember Jenkins, seconded by Councflmember Redeker, thatOrdi nance Number 1394 be accepted on first reading as presented. Voting Aye: Mayor'Higley,Councilmembers Bell, Jenkins, Redeker, Watson' None' "I,' I None Voting No: Absent: PURCHASE OF STREET SWEEPER: i Consideration was given to staff's, recommendation for award, of contract for purchase of a street sweeper. . c _'-',! (, l i ' , !;, Staff recommended that the contract be awarded to the low bidder, Naylor Supply Company, ',for the' amount: of'$,83,660.00. It was further recommended that an extended, warranty: fQr acl'il additional year, excluding the Cummins engine and regular 'wear items, be .140 -City Council Regular Meeting, Mafich.ll, 1991 purchased for $1,500.00,. Thls would bring the total cost to $85,160.00 which is be~ow the. second low bid. [ '; :'j!-; , , Moti on was made by Counci lmember Redeker, seconded by Council- member Bell, that City Council accept staff's recommendation and award .the contract, for purc-ha~e ,of the s.treet,sweeper to Naylor Supply Company, inclu.ding,.thel extended warranty, fOr:':,a,total cost of;;$85., 160.00. ; Voting Aye: Voting No: Absent: ~ 1 . Mayor ,Higley,; ,Cou(lci 1 members ,Be 11" ,Jenki ns, Redeker, Watson None. None PURCHASE .OF POLICE PATROL VEHICLES: ' .': ,i; Consideration was given to staff's recommendation for award of contract for purchase of, two patrol ve.hi cl es for: the Po 1 ice Department. . " Staff recommended the contract be awarded to the low bidder, Lone Star Ford, at thei.r bid price 0,f:$25,499.06. ,j. : ,':-- Mot,ion was made by, Councilmember,Redeker, seconded by Council- member, ,sell, thatC.ity C,Qunci], accePt staff's recommendation and award the contract for purchase of two patrol cars to Lone Star Ford at the price of $25,499.06. Voting Aye: ,Voting No: Absent: .. Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None [ HARRIS COUNTY APPRAISAL DISTRICT: Consideration was ,given to the invo,;ce in the amount of $8,213.00 submitted by the Harris ,County Appr(!.i sa 1 Di stri,ct for second quarter assessment services. Motion was made by; CouncHmember Redeker, seconded by Council- member Bell, that the invoice in the amount of $8,213.00 be approved for payment to the Harris Gounty Appr~isal Di stri ct. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers . Bell , Jenkins, Redeker, Watson! None None. SANITARY SEWER RENOVATION, PRIORITY AREA 3: Consideration was, giiven to the following submitted bY George M. Constructi on Company,. Tnc: [ J \ .1..'il:(I City Council Regular Meeting, March 11, ,19'91 (a) Monthly Estimate No. 10 in the amount of $54,167.67 for work performed Uanua:rj 26 ,through February 25, 1991, on Priority Area 3 Sanitary Sewer Renovation; and (b) Change Order No.. ,3 'in the ,amount of $3,500.00 for reconnections on the north side of Wroxton between Belmont andWakeforest. t J 1 ~ Mot i on was made by Counc 11 member Redeker, seconded by Counc i 1- member Bell, that City Council approve for payment Monthly Estimate No. 10 in the amount of $54,167.67 and approve Change Order No. 3 in the amou'ntof $3,500~00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $3~324.17 for legal services provided-on the 'city.s behalf for the month of February 1991. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that the invoice in the amount of $3,324.17 for legal services be approved 'for payment. Voting Aye: Voting No: Absent: Mayor Higley', Councilmembers Bell, Jenkins, Redeker, Watson.,' None None MATTERS RELATING TO FENCES AND BEAUTIFICATION OF WATER WELL #7 SITE: Consideration was given to approve and authorize fence replacement and a structure for the water'well #7 site. Several. options were available for City Council's consideration. (1) (2) The cost to construct a ~azeb~ like structure will be $1,690. A decorative iron fence will cost $9,200 to $13,100. (The more ornate, ,the more expensive.) . (3) The cost to construct the less expensive iron fence, place 30 1 arge red tip < photi ni as and cons truct a gazebo 1 i ke structure to reduce noise should 'not exceed $12,000. (4) The cost to construct a tight board (screen) fence, place 30 large red tip photinias' and construct a gazebo like structure to reducenoise:should not to exceed $5,200. J.L.J:O City Council Regular Meeting, March 11, 1991 (5) The cost to rehabilitate the existing cyclone fence, place 30 large red Up, photinias ,and, construct a gazebo 1 ike structure to reduce noise :should'not exceed $3,600. Motion was made by Councilmember Bell, seconded by Counci lmember Redeker, that' City Gouncilauthorize staff to have a gazebo like structure constructed at the water well No. 7 site to reduce noise from the pump, install a wrought-iron fence of 3/411 rails, and plant-red tip, photinias and flowers at an estimated cost not to exceed $12,000. Voting Aye: 'Voting No: Absent: Mayor Higley, Councilmembers Ben, Jenkins, Redeker, Watson None None ; CITY COUNCIL MEETING MINUTES: Consideration was given, to minutes of the following city council meetings: ' (a) Regular City Council Meeting on February 11, 1991; and (2) City Council Workshop Session on February 11, 1991. Motion was made by Counci lmember Jenkins, seconded by Counci 1- member Redeker, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higl~y" Councilmembers Bell, Jenkins, Redeker, Watson - None None COUNCIL COMMENTS:, Councilmember Bell asked the status of the telephone survey. Mr. Tanner reported the calls were, compl eted and the formal report should be prepared by the end of the week. .Councilmember Bell asked how the utility bill envelope stuffing was being handled. Director of Finance and Administration Donna Sims explained the city contracted the work with an outside service for $180.00 a month, whiCh included delivery 'to the Post Office. ~,: -!; ~~~- ,'] &'" l.l , Councilmember Bell reported a number of trash bags out too early in his area of town. Mike Tanner responded he would have staff look into the problem. Councilmember Bell asked if the lawn and landscape contractor for the city was also watering the' newly planted trees. Mr. Tanner [ explained the city's contractor was watering the trees. L ~':t:e7 City Council Regular Meeting, March 11, 1991 STAFF REPORT: City Manager Mike Tanner had nothing further for Council1s consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that the regular session be adjourned to reconvene the workshop session. Such motion carried and the regular sessi~n was adjourned at 8:07 p.m. Laura C. Higley Mayor J.DU CITY COUNCIL WORKSHOP SESSION 'MONDAY, MARCH 25, 1991 " MUNICIPAL. BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** City Council convened 'in workshop session, in the Municfpal Building, 3800 University Boulevard, in the City of West' University Place, on Monday, March 25, 1991, with the following members present: Mayor Pro Tem Bell, presiding; CouncilmeinbersJenkins_ and Redeker. Councilmember Watson arrived at 6:50 p.m. Mayor Higley was absent. Also present were the City Manager, CityS,ecretary, Director of Finance and Administration, Director of Public Works, the Fire Chief, Chief of Police and the Director of Engineering and Construction. AGENDA REVIEW -DISCUSSION ONLY: City Council reviewed the regular session agenda. MATTERS RELATING TO SUMMER INTERN TEAM FOR TREE INVENTORY: Dr. Robert C. Maggi 0 and Dr. Mi chae 1 J. Wa lterschei dt from the Texas A&M University, submitted a proposal for. a summer intern team from the University to inventory the street trees in the City. Cost of the inventory including computer hardware and software would $15,000. Dr. Maggio explained how each tree would be numbered and its location and characteristics documented. The inventory wou 1 d i nc 1 ude a 11 trees between the sidewalks and curbs, trees in all boulevards and traffic circles and trees in all parks. The tree inventory is a mi crocomputer-based system wi th graphic output of database searches to either a computer monitor or hardcopy plotter. Field data collection could be completed during the summer months by the interns. I,,", "",:.,; "l'1 ~~ ~: c MATTERS RELATING TO A TREE PROBLEM AT 4020 SWARTHMORE: Mr. Adams, who built and owns the house at 4020 Swarthmore, requested Council's consideration to allow him to cut down the tree in front of the house. The tree is a Chinese Tallow and has a trunk circumference of at least 75 inches which designates it a qualified tree. Mr. Adams reported he had a representative from Teas Nursery inspect the tree to determine its general condi ti on. Teas Nursery's report was that the tree was suffering from IIheart rotll and he could actually see through the tree in one place. Mr. Adams did not want to cut down the tree, but requested Council's approval should it become necessary. City Attorney Jim Dougherty came in at this point. .LUA, City Council Workshop, March 25, 1991 B'.. " ' i' \ r:: Mayor Pro Tern Bell thanked Mr. Adams for not cutting down the tree while the house was under construction. Mr. Adams was advised to get a permit before he cut down the tree. Mayor Pro Tem Bell recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:30 p.m., Mayor Pro Tem Bell reconvened the workshop session with the following present: Mayor Pro Tem Bell, presiding; Councilmembers Jenkins, Redeker and Watson. Mayor Higley was absent. Staff members present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, the Fire Chief, Chief of Police and the Director of Engineering and Construction. MATTERS RELATING TO TELEPHONE SURVEY - DISCUSSION ONLY: 8,,' ,., " i'. Charles Closmann and John Elmer, with Gelb Consulting Group, Inc., presented an overview of the telephone survey. Mayor Pro Tem Bell recommended that the next time a survey is done the Councilmembers be interviewed. However, Councilmember Bell did not recommend Counci 11 s responses be cons i dered as a part of the study results. Mr. Tanner suggested the telephone survey results as well as the reasons for the survey be publicized. He thought it would be beneficial to publicize that the survey was done to try to improve city services.: City Council~ agreed that staff pursue -the best way to publicize ,the information.' MATTERS RELATING TO THE STREET OVERLAY PROJECTS: City Council discussed the street resurfacing plan which the City Manager explained was a temporary plan for those streets needing a better riding surface. The areas ,unde,r.consideration, were those where the water and sanitary sewer line construction was complete. Staff recommended the priority areas addressed were, as follows: ~,;, '" f!! }; . " Priority Area 1: 2600, 2700, 2800 & 2900 block!Albans, 2600, 2700, 2800 & 2900 block Sunset 2800 & 2900 block Wroxton Asphalt Overlay Cost: $ 42,281.49 Pri ority Area I 2: 2600, 2.700 block Notti ngham , , 2600, 2700, 2800 &,2900 block Quenby 2600 & 2700 block Robinhood Asphalt Overlay Cost: " $ 33,361.61 Priority Area 3: 2800 & 2900 block Robinhood 2800 & 2900 block Tangley Asphalt Overlay Cost: $ 12,727.00 l.tJ~ City Council Workshop~ March 25, 1991 Priority Area 4: 30001 3100 block Georgetown 2800, 2900, 3000 & 3100 block Lafayette 2800 & 2900 block Rice Asphalt Overlay Cost: $ 24,596.68 $112,966.78 Total Asphalt Overlay Cost: Mr. Tanner recommended that prio'rities Land 2 be authorized as presented. Priority 3 was . marginal, however, he recommended Council authori ze those improvements as well . Mr. Tanner di d not recommend Priority 4 streetsT-:or overlay at this time, but submitted those streets for Council IS information and consideration. MATTERS RELATING TO THE SIDEWALK ORDINANCE: The current sidewalk ordinance states Uthat it is the duty of each person who applies fora permit for any major development or any major remodeling to: a. Provide new sidewalks along all streets abutting the building site (front, side .andrear)" The building regulations make the following definitions: IIMajor development means the construction of a new principal building or additions to an existing principal building which increase its gross floor area to one hundred fi fty (150) or more of its gross floor area on Apri 1 9, 1990 (or the date it was completed, if completion occurred after April 9, 1990). IIMajor remodeling means anyone (1) or more alterations of or additions to a building for which a permit or p,ermits are required and which have a collection fair. market value of five thousand dollars ($5,000.00) or more (collective value of all alterations and additions done at or about the same time).1I City Council discussed the plight of residents ~ho own a corner lot, does $5,000.00 worth of remodeling, there is not an existing sidewalk on the side of the lot, and the adjoining neighbor behind him has no sidewalk on the side lot. Consensus was for a uniform sidewalk replacement program, but to discuss a manner with which to amend the ordi nance to gi ve ei ther a vari ance poss i bil i ty for the corner lot owner who remodels under the stated conditions or to raise the level of collective value of the remodeling or tie the requirement for a side lot sidewalk to a percentage of increase of the size of a house by the remodel i ng (perhaps 20%). Cl ty Counci 1 requested staff study' the issue and make a recommendation. COUNCIL COMMENTS - DISCUSSION ONLY: No members of City Council had anything further for discussion at this time. ..L ftJI 'UJ City Council Workshop, March 25, 1991 ] J STAFF REPORT - DISCUSSION ONLY: City Manager Mike Tanner had nothing further for Council's consideration at this time. MATTERS RELATING TO PERSONNEL: Mayor Pro Tem Bell recessed the workshop session at 9:35 p.m. to go into a closed executive session as authorized by the Open Meeti ngs Act, TEX. REV. CIV. STAT., ANN., as amended, Secti on 6252-17, Section 2(g): Discussion of General Personnel Functions. With the exception of the City Manager and City Secretary, staff members were excused at this point. Mayor Pro Tem Bell reconvened the workshop session at 10:23 p.m. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 1,0:27 p.m. ' J Buddy Bell Mayor Pro Tem 12,.t/~ Audrey N. ols City Secretary .' I ;::] J ..1.U'1: REGULAR CITY COUNOIL MEETING MONDAY, MARCH 25, 1991 ,MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************~************* City Council 'convened in regular1session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday,March' 25, '1991., with the following, members, present: Mayor Pro Tem Bell, presiding; Councilmembers 'Jenkins, 'Redeker, and Watson. Mayor Higley was absent. Also present were the City Manager, City Secretary, City ,Attorney; 'Di'rector of Finance and '. Administration, Director of Public Works, the Fire Chief, the Chief of Police, and the Director of Engineering and Construction. Councilmeinber Jenkins delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Pro Tem,'Bell invited residents te speak who had ,matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Patrice Brewer, 3612 Pittsburg addressed Council concerning the plans for expansion of Virginia Court Street. Ms. Brewer thought the plans would be on the agenda for this meeting. She submitted a draft of a compromise developed by her and her neighbors and the developers of the Virginia Court Street expansion project. The plans for this project would most likely be on the next regularly scheduled council meeting agenda. Ms. Brewer was commended for tryi ng to work out a compromi se and invited to attend the next council meeting. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Pro Tem Bell invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Agenda Item No.7, Street Overlay Project, was removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that with the exception of Item No.7, the consent agenda be approved in accordance with staff recommendation. -!L f{J1 '(Jf Regular City Council Meeting, March 25, 1991 Tl J Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley ORDINANCE RELATING TO TECHNICAL CHANGES TO THE ZONING ORDINANCE: Mayor Pro T em Be 11 presented Ord i nance No. 1394 and read the caption, as follows: ORDINANCE NUMBER 1394 AN ORDINANCE RELATING TO ZONING AND LAND USE; ADOPTING AND READOPTING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WITH AMENDMENTS TO THE TEXT AND CHANGES TO THE ZONING DISTRICT MAP; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1394, in the form required for adoption, were available to all members of City Council .and a reasonable number of additional copies available to interested citizens present. IJ City Attorney Jim Dougherty submitted corrected pages from the text of the zoning regulations (Pages 12, 14, 30, 31, 51, 56 and 57). The corrections were typos and did not change the meaning or intent of the document. The City Attorney recommended a motion to adopt the ordinance be worded to include adopting the amended pages. Motion .was made by Councilmember Jenkins, seconded by Council- member Redeker, that Ordinance Number 1394 be adopted on second reading as amenqed. Veting'Aye: Voting No: Absent: Mayor, 'Pro Tem Bell ~ Councilmembers Jenkins, Redeker, Watson None Mayor Higley RESOLUTION APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT: Mayor Pro Tem Bell presented Resolution No. 91-05, as follows: ;, RESOLUTION NUMBER 91~05 WHEREAS, it is the obligation of the City Council, pursuant to provis,ionsof the City Charter and ordinances heretofore adopted"toappoint members to various commissions, boards and committees; and Tl LJ WHEREAS, the Mayor and members of the City Council, by Resolution 89-22, adopted on August 28, 1989, appointed qualified citizens to serve on the Zoning Board of Adjustment of the City of West University Place. Texas; and LOU Regular City Council Meeting, ,March 25, 1991 WHEREAS, the resignation ofa member has created a vacancy of the commission; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Zoning Board of Adjustment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Zoning Board of Adjustment: , , Joe Douglas Webb, Member Teresa Fogler, Alternate Section 2. That the persons hereby appointed shall serve without compensation. Section 3. That the persons hereby appointed shall serve on the ZoningaQard,ofAdjustment until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. Section 4. All r.esolutions and parts of reso.lutions in conflict herewith ar,e hereby repe,a 1 edto the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof.. to any person.,or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persohs or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares. :that, a sufficient written notice of ' the date, hOur, place and subject of each meeting at which this resolution was distuss'ed,.considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that ea.ch such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED thi s 25th day of ' March , 1991. Regular City Council Meeting, March 25, 1991 Voting Aye: Voting No: Absent: Signed: Buddy Bell, Mayor Pro Tem ATTEST: APPROVED AS TO FORM: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by Councilmember, Redeker" seconded by Council- member Jenkins, that Resolution 91-05 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, CouncilmembersJenkins, Redeker, Watson None Mayor Higley . Mayor Pro Tem Bell administered the Oath of Office to Teresa Fogler. STREET' OVERLAY PROJECT: Consideration was given to approve and accept plans for additional overlay of streets. in completed construction areas at a cost of $112,966.78 and to authorize the City Manager to administer the priority plan. ' In accordance with previous policy, funding for additional street resurfacing was allowed with the approval of the City Council and if the original bond fund project estimate had not been exceeded. The Sanitary Sewer Master Plan indicated an estimated project cost for Priority Area 3 at $3,818,140. Current project costs total $3,262,461.83 leaving money available for the overlay. The asphalt overlay street resurfacing proposal was as follows: Pri ori ty Area 1: 2600, 2700, 2800 & 29DO~ b 1 oc.k AThans. 2600, 2700, 2800 & 2900 block Sunset 2800 & 2900 block Wroxton Asphalt Overlay Cost: $ 42,281.49 Priority Area 2: 2600, 2700 block Nottingham 2600,2700,2800 & 2900 block ,Quenby 2600 & 2700 block Robinhood Asphalt Overlay Cost: $ 33,361.61 ln~ Regul ar Ci ty Counci 1 Meeti ng, .March:25, 1991 Priority Area 3: 2800 & 2900 block Robinhood 2800 & 2900 block'Tangley Asphalt Overlay Cost: $ 12,727.00 Priority Area 4: 3000 & 3100'block Georgetown 2800, 2900, 3000 & 3100 block Lafayette 2800 & 2900 block Rice Asphalt Overlay Cost: $ 24,596.68 Total Asphalt Overlay Cost: $112,966.78 It was staff1s recommendation that City Council approve the proposed asphalt resurfacing priorities for Areas 1 through 3 and authorize the City Manager to administer the plan. Motion was made by Councilmember Redeker, seconded by Council- member Jenki ns, that City Counci 1 approve the resurfaci ng priorities for Areas 1, 2 and 3 and authorize the City Manager to administer the project. Voting Aye: , . , ~ '. . - Mayor Pro Tem Bell, Councilmembers Jenkins, . Redeker, ::Watson , None Mayor Higley Voting No: Absent: , ; ,'; WAKEFOREST ELEVATED WATER STORAGE PROJECT: Consideration was given to Monthly Estimate No. 4 in the amount of $136,459.43 submitted by Pitt-DesMoines, Inc., for work performed January 26 through February 2.5" 19~1 on the 500,000 Gallon Pedestal Type Elevated Storage Tank. Motion was made by Counci lmember Watson, se<;onded by Council member Redeker, that 'City Council approve Monthly Estimate No. 4 for payment to Pitt-DesMoines, Inc. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, CounciJmembers Jenktns, Redeker, Watson None Mayor Higley; < . I . _ ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to the invoices totaling $19,315.26 submitted by Langford Engineering, Inc., for the following utility related projects: . I (a) Invoice No~ 6377 in the amount of $98.15 for the 1011 Sanitary Sewer Replacemen;tin Easement of Emory and South Judson; ,(b) I,nvoice No. 6378. in the amount of $8,499.97 for Priority Area #3i Sanitary) Sewer ,Renovation Project; Regular City Council Meeting, March 25, 1991 TIt; , , ,,!' i (c) Invoice No. 6379 in the amount of $2,958.46 for Phase 1, Priority Area: No.4, Sanitary Sewer Renovation in Sunset Terrace Subdivision; ~ (d) Invoice No. 6380 in the amount of $3,773.83 for Construction of Pavement Rehabilitation for Rice Boulevard; (e) Invoice No. 6381 in the amount of $644A5 for Priority Area 2-B Water Replacement Project; and (f) Invoice No. 6382 in the amount of $3,340.40 for the Wakeforest Water Plant Expansion. Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the invoices submitted by Langford Engineering, Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker~ Watson Absent Mayor Higley PURCHASE OF GARBAGE BAGS: TI'\ :'1 I Consideration was given to staff' s recommendation for award of contract for purchase of garbage bags. Bids received on March 4~'1991, were as follows: Bidder Net Bid Arrow Industries P.O. Box 810489 Dallas, Texas 75247 $ 66,495.00 . ' '. , Bemis Company Inc. P.O. Box 905 Terre Haute, Indiana 47808-0905 Apollo Company 2514 Fairway Houston, Texas 77092 Cost to purchase the bags through the Houston-Galveston Area Council would be $69,749.21. It was staff's recommendation to award' the contract to the 1 ow :'bi dder, Arrow Industries, in the amount'of $66,495.00. $ 67,309.32 , , $ 95,550.00' . ~' 1'1: ::;1 Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that City Council accept staff's recommendation and award the contract to Arrow Industries at the bid price of $66,495.00. LoU Regular City Council Meeting, Mar,c.h 25, 1991 . Voti ng Aye: Voting No: Absent: BOND PAYMENT: Mayor Pro Tem'Bell, Councilmembers Jenkins, Redeker, Watson' Absent ' Mayor Higley Consideration was given to the invoice in the amount of $107,802.00 submitted by First City, Texas for principal, interest and agent fees due on the 1976 Bond Issue. Motion was made by CouncilmemberWatson, seconded by Councilmember Redeker, thattheinvoice,',submittedby First City, Texas in the amount $107,802.00 due on the 1976 Bond Issue be approved for payment. Voting Aye: Voting No: Absent: BOND PAYMENT: MayorPro.TemBell, CouncilmembersJenkins, Redeker, Watson Absent Mayor'Higley Consideration was given to the invoice in the amount of $362,556.25 submitted by First City Bancorporation of Texas for principal and.interest due ,on, the 1988 Bond Issl:Je. Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the invo.icein ,the :amount of $362,556. 25 submitted for principal and interest due on the 1988 Bond Issue be approved for payment. Voti ng Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson Absent Mayor Higley CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following city council meetings: (a) Regular City Council Meeting on March 11, 1991; and (b) City Counci 1 WorKshop, Sess ion on March 11, 1991. Motion' was made by Councilmember Jenkins. seconded by Council- member Watson, that the minutes be approved as submitted. Voting Aye: Mayor Pro Tem Bell, Councilmembers Jenkins, Rede,ker, Watson Voting No: : Absent Absent: Mayor Higley ~! ',,,,. _,_~_l: ~1f: Regular City Council Meeting, March 25, 1991 ] COUNCIL COMMENTS: Councilmember Jenkins asked the status of the program to remove excess signs and urged staff to combine street signs with traffic control signs where possible. Mike Tanner reported that city crews had begun to take some signs down, but staff woul d · have' a report for Council at the next meeting. '; ;, Councilmember Jenkins asked for, clarification on _ how the agenda was set and if the' deadl i ne might be a week before the next meeting. The Ci ty Manager exp 1 a i ned that some time between Tuesday and Thursday of the week before a meeting he would call the Mayor and discuss the items staff had for ,the agenda and items she might have. The agenda is finally approved no later than Thursday. However, staff has a deadl ine of the Monday before. to have' agenda items submitted to him. j'" " .~ -: .: ~ .: ~. , Councilmember Redeker commented it was too difficult to finalize '. an agenda a week before the meeting. There are many things that come up at the last minute. Mayor Pro Tem Bell asked that agenda procedures be placed on the agenda for next meeting. Councilmember Redeker inquired as to why the city was not included in the TML survey of municipal services publish.edin the last edition of the magazine. Director of: Finance and Administration Donna Sims explained that she did not recall receiving the survey. Counci lmember Redeker requested a report on the proposed contract for 'composting at the landfill. ~"i: : I' j"! ,"0 Councilmember Watson reported two concerns from residents. One was a request for a stop sign on Auden between Rice and Bissonnet. The, other concern involved, enforcement, of the sign ordinance which allows one real estate sign per lot. On a corner lot on Annapolis Street, there is more than one sign. Mr. Tanner agreed to look into these requests. Chi ef of Pol ice Gri ffith reported that his department was now writing tickets for sign violations. 1 Mayor Pro Tem Bell requested the sign ordinance be placed on the agenda for the next workshop session. Mayor Pro Tem Bell inquired into the status of the building activity in the Pemberton Addition, specifically on Barbara Lane. Director of Engineering and Construction Brent Sherrod reported the builder had not requested a permit at this time. Mayor Pro Tem Bell questioned whether the City Council might consider placing a moratorium on building permits for the Pemberton area~ The City Attorney advised that once a permit has been applied for, he did not think the city could issue a moratorium. Mayor Pro Tem Bell thought perhaps the city could L6~ Regular City Council Meeting, March 25, 1991 issue a moratorium on any building permit that would result in a L change of density. Mr. Tanner advised that most cities would not . entertaIn a moratorIum unless jt Isa. cIty-wIde mQratorlum. Mayor ~ Pro Tem Bel] asked that this question ,be placed on: the, agenda for the next meeting. Mayor Pro Tem; Bell inquired as;,to;;the pa,ssibility of the city beginning a summer job program for college students. Mr. Tanner agreed to look into the feasibility of such a program. As soon as staff can complete addressing drainage issues, staff will have time t~~,study storm sewerneecls ,and also develop a street repair plan.. Mayor Pro TemBell sugge$ted the summer job program be on the agenda for the next meeting. One resident in the, audience reported some ,sidewalks were infested with ants. Mayor Pro Tem Bell requested this problem be discussed at the next council meeting. . STAFF REPORT: Ci ty Manager Mi ke Tanner reported the street sweeper had been deliver'ed and was operative., Staff will determine' how many streets can be done in a.day and.develop a new route system so the streets will look better. Mr. Tanner further reported that crews had patrolled the city aDd did not find garbage bags placed curbside too early. Owners of vacant 1 ots with high weeds had been notified by mail to clean their property. There were no,r;eports of barking dogs in the last few weeks. ' City crews would work to beautify the Buffalo Speedway and Bellaire entrances ,to the city. ADJOURNMENT: With no further business to come City Council at this time, motion was ,made by Councilmember Redeker, seconded by Councilmember Watson, that the regular session adjourn~ Such motion carried and the regular session was adjourned at 8:25 p.m. Buddy Bell Mayor Pro Tem ~~o~ City Secr tary , I ' l .J!L '-l1llU' ~ ;: . :",. '. : CITY COUNCIL WORKSHOP SESSION MONDAY, APRIL 8, 1991 , 'MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. ********************~******************* , ' City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, April 8, 1991, with the following members present: Mayor Higley, presiding; Councilmembers Bell ,Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, City Attorney, Director'of Finance and Administration, Director of Public Works, the Fire Chief, Chief of Police, and the Director of Engineering and Construction. ' AGENDA REVIEW - DISCUSSION ONLY: D J City Council reviewed the regu.lar session agenda. City Manager Mi ke Tanner recommended, 'the summer intern program for tree inventory be postponed.' The representatives from A&M would not break down the program' into less than what they presented including the computer a'n'd software program. They also insisted that the infared photograp'hy be included as' a vital part of the inventory. Mr. Tanner thought the inventory wou 1 d be a distraction to basic services at this time rather than a useful program and tool for city! staff.. The,! cost. of the inventory would be an expense of $15:,000~ 'Originally' the cost was estimated at $5,000. ' , ' ' MATTERS RELATING TO CITY HALL IMPROVEMENTS: . - (I i ' D Christopher Di Stefano and Joe Santopetro, architects, presented drawings, for proposed improvements to city hall. Municipal -,Court 'Judge', Tom ,Taylor spoke "in "favor of the improvements which would provide an expanded courtroom. The shortage of space for conducting municipaL court ..wa,s a serious problem and the improvements would effectuate more efficient court' procee'dings ",for all', concerned. i Mr. Sant.opetro explained that approximately 40%"of the :cost would be to bring tbe city hall into compliance with b~11ding reg~lations for publiC buildings and meet handi cap access i bi 1 ity requi rements. Mr. Tanner recommended Council consider' authorizing ,preparation of design and construction plans. I Discussion cent,ered on the' fact that this City Council did not want to commit to. the project at this point in time because in another month the ~ity wouJd, have elected a new City Council. Mr. Tanner explained that he wanted to present the feasibility: study to this Council because' this, Counc'i,l authorized him' to contract for-' the study. However:, he" underst,opd Council's hesita:ncy . to make "a commitment' at: this time.', ,CQuncilmember Redeker-was in favor o'f proceed,ing,with, the,improve,ment:s:. 1-lj4 City Council Workshop Session, April 8, 1991 Moti on was made by Counctlmember Be 11, seconded by Counci 1 member l.. Watson, that City Council table consideration o'f City Hall . improvements until after the,next"City Council is elected. Voting Aye: Voti ng,No: Absent: Mayor Higley, Counci lmembers Bell, Watson , .Councilmember, Redeker Councilmember Jenkins MATTERS RELATING TO A MORATORIUMQN BUILDING IN PEMBERTON ADDITION: Those, in the audience who .we.reinterested in the discussion included the buyer of one of the lots .in question on Barbara Lane, Michael. Bates , the owner ;of, the :three ] ots in Pemberton (2603, 2607 and 2611 Barbara Lane) on' Which previously there was one building site. John Peckam,attorney for Michael Bates, was also present. City Manager Mi ke Tanner explained that a moratorium coul d be establ i shed for a speci fi c set of ci rcumstances and recommended that a decision be pO,stponed unti'l' a furl study can be made to determi ne those' speci fi c circumstanc.es. Mr. Tanner reported that the Zoning and 'Planning: Commission will consider the issue and the zoning in that area of the city at.their next meeting. Mr. Tanner s'uggested Council might consider referring the issue to the Zoning and; Planning Commission for study. The Z&P ,will make a recommendation to Council concerning their findings. , ; ,j". [ The buyers of the lot on Barbara Lane next to Kirby Drive expressed their concerns. They were not willing to close on the property and later find they could not build. House plans were in process to be submitted for a building permit. Michael Bates expressed his concern that a ctrangein 'zoning might be retroactive and affect the remaining two lots. , , After discussion, motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council remove from consideration matters relating to a moratorium on building in the pembetton Addition. . Voting Aye: Voting No: Absent: Mayor'Higley,Councilmembers Bell, Redeker CouncilmemberWatson Councilmember;Jenkins Mayor Higley encouraged the buyers of the one lot to feel comfortable to proceed with their house plans and the permitting process. ,However,Mayor Higley advised that this City Council could not bind a future Council on this issue or any other issue. Motion was made .by. Councilmember Redeker that City Council recominend to the Zoning and ,Planning Commission that they look at the Pemberton Area because of the lot sizes in that area to [ ~~~~ i ~~ t de;h~l o~:~~ ~~t:h~ /~~~~i, ng26Wean~eri~: 1 t~:r~;:att~:n~ o~~ ; excluded from that study because they were bought under the ..... 'U>' "-' City Counc i 1 Workshop Session~ April 8" 1991 current ordinance. Councilmember Bell seconded the, motion which was voted on and fa i 1 ed by the fo n owi ng vote. Voting Aye: Voting No: Absent: Councilmember Bell~ Redeker Mayor Higley, Councilmember Watson CouncilmemberJenkins ' Mayor Higley recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:.35 p.m., Mayor Higley reconvened the workshop 'session with the following present: Mayer Higley, presiding:; Councilmembers Bell, Redeker and Watson, "Council member Jenkil7ls was absent. Staff members present were the City Manage,r, City Secretary, Director of Finance and Administration, Director of Public Works, the Fire Chief, Chief of Police and the Director of Engineering and Construction. MATTERS RELATING TO THE SIGN ORDINANCE AND THE NUMBER OF SIGNS ALLOWED PER LOT - DISCUSSION ONLY: City Council discussed real estate signs and open house signs. Chief Griffith advised ,that the, pel ice department was picking up signs,1n easements ,and, enforcing the current ,ordinance. After further di scussi on, Gity,Councilconcurred to leave the ordi nance as written and encouraged strict enforcement. MATTERS RELATING TO AGENDA PROCEDURES;: '.' 1.- , : ' . ,~~ 'j :, Mayor Higley commented,anews reporter had telepholled her and i nqu ired if there was .a' prob:lem for: counc il members to get items pl aced on the agenda. Other counci lmembers were contacted as well. Copies of Ordinance ,No. 1231,- adopted December 10, 1984, were distributed. Ordinance 1231, pertaining to the agenda, reads as follows: USection 9. Agenda: 17he agenda will be prepared by the City Manager at the direction. of the 'Mayor..:, Any Council Member may request, through the Mayor, that an item be posted on the agenda. i - , Citizens imay request an item .tobe placed On. the agenda through written request to' the City Manager. All such requests for posti ngon, ,the agenda received by the City Manager may be approved by the Mayor.1I City Cou:ncil:igenerally agreed' ,that the procedures, as written, were satisfactory. ] , . ; t . I:.~ l? ' ~; < MATTERS RELATING TO THE SIDEWALK ORDINANCE ~ DISCUSSION ONLY: , , .-;;j. , Disc'ussion'wa-s held on the best way.to-wor.dan amendment to the 'sidewalk ordinance. Currently,.thesi.dewalk ordinance requires that if a major remodeling permit (with a collection fair market 166 City Council Workshop Session, April 8, 1991 value of $5,000) is applied for, new sidewalks be, provided along [' all streets abutting the building site (front, side ,and rear). City Counci 1 agreed the amount for major remodel i ng shoul d be increased or the requirement based on a percentage of square footage added to an' existing building. Staff was instructed to prepare an amendment for City Council to consider at the next meeting. ' MATTERS RELATING TO SUMMER JOB PROGRAM ~DISCUSSION ONLY: Mike Tanner reported staff was working on developing a summer job program, but more ,time was needed.- A plan would have to accomplish something the city could use, would not require a lot of time and would not need a lot of supervision. Equipment would have to be made available for the program. He would, r,eport back to Council. MATTERS RELATING TO COMPOST/LANDFILL CONTRACT- DISCUSSION ONLY: ,.+ - - Mr. Tanner reported that severed groups had expre'ssed'interest at one time or another in 1 eas ing part of the 1 andfi 11 space for a composting enterprise. However, each one presented as many problems as opportuniUes. The last group was a concrete recycling' company. Staff visited their existing site and inspected their operation. Concrete ,recycling was noisy, dusty and offensive and he did not think it would be appropriate at the [.,.... landfill site. Mr. Tanner explained that there was some liability . for the city under the proposa'ls presented to date.. The owner of the golf course next to the ljridfill (he uses part of our landfill space fpr a go 1 f ba 11 ,] andi ng zone) may ,be i nteres ted in expanding. Staff would look a,t that as it materializes. MATTERS RELATING TO ANTS ON SIDEWALKS - DISCUSSION ONLY: Mike Tanner explained it was not feasible for the city to spray for ants on a city-wide basis. It was brought out that if a senior citizen has ,difficulty with ants, assistance was available through Senior Service~. . COUNCIL COMMENTS: Counci lmember Watson express,ed, concern. over the i nspecti on operati ons. Mr. Tanner suggested the regul ations may need to be simpli fied. Counci 1 member Redeker asked about the basketba 1'1 goal at Whitt Johnson Park.,Councilmember Red,eker a~ked about thepubl ication of the survey results. Mr. Tanner related that the survey results would be published in the West U Magazine beginning with the May issue and it would take several issues to complete. Councilmember [,..,,'.. Re'de'ker asked about the YMCA request to open Cason ' Street. Mr. . . Tanner reported that staff was working to determine' whether the city has a right-of-way or easement at the entrance into the YMCA property. I f the, city does not have anyth i ng , then the building building City Council Workshop Session, April 8, 1991 city will not be able. to do anything. Councilmember Redeker requested Mr. Tanner calla concerned resident and tell her. STAFF REPORT: Mike Tanner reported he had visited with Mrs. Apel on Brompton concerning a request for street closure at Brompton and Bellaire Blvd. City Secretary Audrey Nichols distributed a letter, requesting an honorary acknowledgement, for a resident who will, have her 100th birthday on May 3, 1991. City Council agreed to do a resolution to honor the occasion. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 10:20 p.m. ,LauraC. Higley Mayor ()Jut, ~ Audrey Ni~O'l s ' City Secr tary .l./U REGULAR, CITY COUNCIL, MEETING MONDAY, APRIL 8, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** [ City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, April 8, 1991,withthe ,following m~mbers present: Mayor Higley~ presiding; Councilr.nembers Bell, Redeker and Watson. Counci lmember Jenkins was absent. Also present were the City Manager, City Secretary, City Attorney, Directorc of Finance and Administration, Director of Public Works, the Fire Chief, the Chief of Police, and the City Engineer. Councilmember Redeker delivered the invocation and led the Allegiance to the Flag. Mayor Higley administered the"Oath .of Office to Joe Douglas Webb who was appointed as a full member to the Zoning Board of Adjustment on March. 25, 1991. Previously Mr. Webb served as an alternate member on the board. HEARING OF RESIDENTS: Mayor Higley invited residents to speak who had matters they [ wished to bring to the attention of the City Council which had not .... previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Redeker, seconded by Council- member Watson, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins [ Regular City Council Meeting, Apri'l 8, 1991 m j ORDINANCE, RELATING TO SETTLEMENT AGREEMENT IN THE HOUSTON LIGHTING & POWER RATE INCREASE REOUEST: ' , . Mayor Higley announced she would not participate in the discussion or in any action concerning the Houston Light & Power Company rates and submitted the following: AFFIDAVIT . STATE OF TEXAS ~ COUNTY OF HARRIS ~ ;l j BEFORE ME, the, undersigned 'authority, on this day personally appeared Laura C. Higley, who, being by me duly sworn did depose and say' as follows~, My name is Laura C. Higley. I have a IIsubstantial interestll in the Baker & Botts Law Firm (the IIbusiness entityll), in that I am empl'oyedfull time by the business entity and receive at least, ,90% of my annual, income from that entity. I believe that a vote or decision of the City C6uncil to approve the Settlement Agreement filed with the Public Uti 1 ity Commission on February 27 , 1991 , in the Houston Lighting & Power Company rate increase request may or may not have an affect on my law firm. I am taking this action to avoid any appearance of conflict of interest. I ,intend to abstain from ' participation: in any action regarding this matter, and I am filing this affidavit to be in compliance with the Texas Local Government Code and the City Charter. Siqned:/s/Laura C. Hiqlev Laura C. Higley, Mayor STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, a notary public, on this day personally appeared Laura C. Hialev , known to me to be the person whose name' is subscri bed to the foregoi ng document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my: hand and seal of office this c.8th day of April ~ A.D:, 1991 . J seal /s/AUdres Nichols ' Notary,Pul i c,: Si gnature My Commission e~pires;4-19-93 i,; .l.,~ Regular City Council Meeting, April 8, ,1991 . FlLEDwi th me ,the offi cJal, record keeper of the City of West University Place, Texas on, this the ,8th, day of April ,1991, at 7:25 o'clock ~m. ~ /s/AudreyNichols Audrey Nichols City Secretary Consideration was given to the first and final reading of Ordinance No. 1395. Mayor Pro Tem Bell read the caption, as follows: ORDINANCE. NUMBER, 1395 .! AN ORDINANCE APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON ,FEBR~ARY 27, 1991 AND :AUTHORIZING THE CITY OF WEST UNIVERSITY PLACE TO BECOME A SIGNATORY TO THE ,SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION IN THE HOUSTONc LIGHTING & POWER. RATE INCREASE REQUEST; MAKING VARIOUS. FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARI~G AN EMERGENCY. Copies of Ordinance Number 1395, in the formrequi red for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. ~-" :,,:,.. 1/ , . Motion was made by Counci lmember Watson, seconded by Counci 1 member Redeker, that Ordinance Number 1395 be adopted on first and final reading as present~d. Voting Aye: Voting No: Absent: Abstaining: Mayor Pro Tem Bell, Councilmembers Redeker, Watson None Councilmember Jenkins 'Mayor Hi gl ey " MATTERS RELATING TO YARD ,S-IGN5. FOR LONG RANGE RECYCLING COMMITTBE/ELEMENTARY SCHOOL.CHILDREN: Judge Michol O'Connor, Chairman of the Long Range Recycling Committee, requested approval for 50 yard signs promoting the recycling program. There is usually a decline in recycling participation during the summer months. It was proposed to distribute the signs to the elementary school children on the committee to use through the summer with the expectation that the children would return the signs in the Fall. Judge O'Connor ~~~O~~~:s t~: ~~~: a~:i~:1~;~ng the signs was $835.00 and requested ~ Regular City Council Meeting, April 8, 1991 Motion was made by Councilmember Redeker, seconded by Council- member Watson, that City Council grant permission for the 50 yard signs and approve the expenditure of $835.00 for the signs. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins MATTERS RELATING TO VIRGINIA COURT STREET EXPANSION: Consideration was given to approving the replat of the dedication of the extension of Virginia Court Street, in West University Park, along Lots 10-A,' 10.;.B & IhA-; Block 26 and West University Place, the west 1/2 of the south 1/2 of Lot 11, Block 26. Mi chae 1 Bates presented the rep 1 at and rev i ewed the changes that were made since City Council IS approval onJanua~y 14, 1991. Zoning and Planning Commission 'approved the replat of the lots duri ng thei r meeti ng on Apri 1 4, 1991. The changes were the result of. meetings w.ith neighbors' and together they came to agreement on what was now before Council. The repl at. showed a' change in the ',uTabll turnaround requirements from a' fee simple to a perpetual easement which would alleviate the set back and building line restrictions. City Manager Mike Tanner explained the tab would be a nonexclusive easement. ' Michael Bates submitted a letter-from Robert Scott, dated April 4, 1991, which summarized the terms, ~of : the agreement between the deve Toper and the residents. The terms were as follows: \ j. L 'That the two lots owned by 'Scott Marks C'Marksll) which would front on the 'extended Virginia Court be , marketed' as one lot: ata price of $330,000.00 or less fora period of three months, with the hope that a single home coU'ld be ::buHt on :a large'lot, if an acceptable buyer is located. While the residents had earlier sought a period 'of sJxmonths for the lots to be marketed as a sing] e lot, they, arepY:epared to reduce that period of time for other accommodations by Marks and Michael Bates ,,(I~Batesll), set, out' in this letter. It 'is understood that while' no offer or ,request has yet' been made of Marks andlorBates to build a custom house on either of: the, two lots, in the event a legitimate purchaser makes such,a,request and enters a contract providing that Marks and Bates build a custom house on a single lot in the three month term during which the'lots will be marketed asasingle' lot, that Marks . and 'Bates will not ,beb,o.und! to sell those lots only:as ,a single lot; .1 ' I L.J: Regular City Council Meeting, April 8, 1991 2. That. ,Marks". Bates, and Carl Aeschbacher (IIAeschbacheru l agree, to grade and 1 andscape the berm on the 01 d Farmers Di tch, side of the, proposed extension of Virginia Court in a manner consistent with the landscaping completed by the original developers and homeowners on Virginia Court subject to any requirements of the City of West University. Specifically,' the landscaping would include planting lariope as ground cover, pine and live oak trees, yupons ,and photenia bushes - :on the berm consistent with the spacing and cover now existing on Virginia Court. It i sunderstood, thatthi s 1 andscapi ngwoul d extend to the front property 1 ine of the proposed lot owned by Aeschbacher at.. the end of the proposed ,Virginia Court extension; I L , 3. The homes to be construced by Marks, Bates. and Aeschbacher . on, ,the ,proposed Virginia Court extension, as well as wrought iron fences, etc., associated, with those, homes will be of a quality consistent with those existing on Virginia Court at this time. In consideration of the agreement by Marks, ,Bates and Aeschbacher. concerning the items set out in thi s 1 etter, the residents of Virginia Court and Pittsburg will agree not to oppose: 1. The plan proposed by Patricia Brewer modifying the approved plat, which include re-subdivision and re-pl atti ng of . Aeschbacher IS 'lot in accordance wi th drawi ngs prepared in that regard, whi ch woul d make Aeschbacher's lot an 851 x 100' rectangular lot at the end of the proposed Virginia Court extension and wou 1 d increase the depth of Aeschbacher IS existing lot fronting on Mercer by 65.15 feet. In addition, the front property line of Aeschbacher's lot will be in a. circular configuration providing 40' ofllfrontagell at the end of Virginia Court; I L 2. Any variance necessary for Marks and Bates to build a home or homes on Marks two lots which will front on the proposed Vi rgi ni a . Court extens ion wi th a 25' setback' from .the street, rather than a 25' setback from the back of the proposed IIturnaroundll driveway or a change in the approved plat allowing conveyance of an easement on IIturnaround tabU rather than conveyance in fee simple; 3. . A change in the ori gi na 1, setbacks proposed by the City of West University on the "footll of, Aeschbacher's lot,which will, become a 851 x 110' rectangular lot ~ndertheproposed re-subdivision and [ Regular City Council Meeting, April 8, 1991 re-platting, to West University's normal5! or 71 setbacks as applicable. City Attorney Jim Dougherty expla.ined that Council could ask for an exclusive type of easement. What the developer is proposing is a nonexclusive easement which staff has accepted as a viable plan. A nonexclusive easement could have language to require the property owner keep the tab epen. City Council's previous approval of the street extension carried impact fees payable to the city as allowed ,by, law. It has been determined that the only applicable impact fee will be for sewer construction. Mr. Dougherty read the motion from the minutes of January 14, 1991 which recorded City Council's previous action. As that motion passed, City' Council approved the issuance of a permit for street dedication, such permit not to betssuedunti'l the following conditions are met: that City Council have fee simple title to the street and the I'tabll; that the City has, a title policy for the street and the IItabll; that there is a dedicated utility easement; that the ;city collect 1 ega 1 fees as allowed by 1 aw; that the paiYlTlent of water, sewer and street fees be collected as allowed by law; that City Council require the appropriate replacement of the tf!'eesin the right-of-way and other areas as allowed and within: their jurisdiction; and that a 11 of the documents, be rev,i ewed.' and: approved by staff as to substance and by the City Attorney as to law. Motion was then made by,Councilmember Watson, seconded by Council- member Redeker, that City Council approve the issuance of a permit for street dedication, under Article III,Chapter 19, of the Code ofOrdi nances, for' ,the '; Virgi nia'Court Street Extens i on upon the same conditions as stated in the January 14 motion, but amended as fo 11 OWS: (1) the- boundaries of 'the street waul d be (is shown on the replat map dated April 1991; (2) the IItabll be a nonexclusive easement with two alternative locations as shown on the replat map; (3) the landscaping would be (is 'described jn the letter along the west curb of the ;,Vi.rgini.a"Courtextension; that sewer fees would have to be paid by the developer to the city because it appeared that the. water; fee's were notapplic(ible,; and the street fees were made non-collectable by the St(ite lIimpact feell law; and ( 5) all of the documents berevi.ewedand appr.oved by staff as to substance and by the Gi,tyAttorney as to law.' Voting Aye: Voting No: Absent: Mayor Higley, Counci 1 members' Bec11, Redeker, Watson None Councilmember Jenkins .1,U Regular City Council Meetlng,A'ptil:r8., 1,991 Consideration was given to approving the summer tree inventory proj ect and appropri at i ng the necess,a ry. funds. The City Manager and staff recommended ,the tree inventory project be postponed until the next ye'ar. ' [ MATTERS RELATING TO SUMMER INTERN TREE INVENTORY: . ,,' 1 Motion .was made by, Cpuncilmember Redeker, seconded by Council- member Watson, that; City" Council postpone the hiring of summer interns for the city-wide tree inventory uriti 1 .a time when it wi 11 more beneficial to the city. Voting Aye: . Mayor Higley,1Councilmembers Bell, Redeker, .Watson' Voting No: None Absent: Councilmember.Jenkins SANITARY SEWE~ RENOVATION.' PRlORITYAREA '3: " Consideration was given to Monthly Estimate No. 11 submitted by George M.Cbnstruction 1 Company, Inc., for work p~rformed February 26 through March 25, ,1991, "on ,the. sanitary' sewer project in Priority Area 3. MoHon was made by Counci 1 member,"Redeker,. seconded by Counc i 1- member Watson, that City CouncJ 1 approve for payment Monthly r- Estimate No. 11 in the 'amount of $300,415. 72$ublT!itted by George l.". M . Construction Company, I nc. ,for work performed February 26 through March 25, 1991,' on the sanitary sewer project in Priority Area 3. Voting Aye: Voting No: Absent: Mayor 'Higl ey,Counci lmembers Bell , Redeker, Watson None Councilmember ,Jenkins ENGINEERING' SERVICES FOR IMPROVEMENTS TO RICE BOULEVARD: Consideration was given to Invoice No. 6413 in the amount of $7,112.51 submitted by Langford Engineering, Inc., for services in connection with the'pavementrehabilitation of Rice Boulevard. . '-' ", .... ",. I Motion was made byCouncilmember:Redeker, seconded by Council- member Watson; that Invoice No. 6413,in the amount oJ $7,112.51 be approved for payment to Langford ,Engineering Inc., for services on the rehabilitation of Rice BouleVard. Voting Aye:' Voting No: Absent: Mayor Higley, \Gouncilmembers Bell, Redeker, Watson None Councilmember Jenkins [ Regular City Council Meeting, April 8, 1991 PURCHASE OF ,STREET SWEEPER: Consideration was given to the invoice in the amount of $85,160.00 submitted by Nayl orSupp ly Company for delivery of one Alpha, Model 350, street sweeper. Motion Was made by COimcilmember'Redeker, seconded by Council- member Watson, that City, COl.lnci 1 approve for payment the invoice in the amount of $85,160.00' submitted by Naylor Supply Company, for delivery of the street sweeper, the amount includes $1,500 for an extended warranty. Voting Aye: Voting No: Absent: Mayor Hlg1ey~ Councilmembers Bell, Redeker, Watson None Councilmember Je~kins LEGAL SERVICES: Consideration was given to the invoice in the amount of $3,230.67 for legal services provided' on the city.s behalf for the month- of March 1991. l I --.J Motion was made by Councilmember Redeker, seconded by Council- member Watson, that the inVoice in the amount of $3,230.67 be approved for payment for legal services provided to the city for the month of March 1991. Voting Aye: Voting No: Absent: Mayor Higley,Councilmembers Bell; ~edeker, Watson dNone' " Councilmember Jenkins ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS; Consideration was given t01fnvoices! totaling ,$17,963.03 submitted by Langford Engineering Inc., for the following utility related projects: (a) Invoice No. 6409 in the amount of,$1,826.82 for 1011 Sanitary Sewer Replacement in Easement of Emory and South Judson; " (b) Invoice No. 6410 in the amount of $734.71 for Surface Water Line to Milton; (c) Invoice No~ ~411 in the amount of $8,324.42 for Priority Area 3, Sanitary Sewer Renovation; I ~ (d) Invoice No. 6412 ih the ,amount of $1,179.24 for Phase 1, Priority Area No.4, Sanitary Sewer, Sunset Terrace Subdivision; .1.10 Regular City. Council Meeting, April 8,1991 (e) Invoice No. 6414 in the amount of $1,940.33, for Priority Area 2-B Water Replacement project; and ,-- \ L : i (f) Invoice No. 6415 cinthe amount of $3,957.51 for Wakeforest Water ,Plant-Expansion. M.dtion was made by Councilmel.11ber Redeker, seconded by Council- memb~rWatson, that, City Council approve for payment the invoices.. totaling $17,963.03 tolangfor,q Engi,neering Inc., as, listed. Voting Aye: Voting No: Absent: Mayor Higley, COllncilmembersBell, Redeker, Watson None, . ' , ' . CouncilmemberJenkins CITY COUNCIL MEETING MINUTES:. Consideration was given to the minutes of the ,following city council meetings: (a) ,Regular City Counctl Meeti.ng; Qn!Marcb 11, 1991; and (b) City Council Workshop Session on March 11, 1991. ' , Motion was made by .Councilmember Redeker, seconded by Counci 1- member Bell, that the mi nutes be approved. as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins [ COUNCIL COMMENTS: Councilmember Bell asked the status of the demolition of the lift station on Weslayan..",Director of Public Works Curtis Cooper reported the structure would, be down by the end of the week. Councilmember Bell asked if the construction sign on University at Belmont could be removed. Construction was complete in that area. ,Curtis Cooper advised jt,wascustomary to leave the sign until City Gouncil ,(ictually,qccepJs, the project. The street overlay portion of the PToje~t was still in progress. Councilmember Bell requested the sign be removed. After di'scussion, it was agree<:ith,E;! sign, would be removed. _ ,J. Councilmember Bell reported he heard the Traffic Committee was tal d that they can not .act, on anythi ngwithout Counci 1 approval. He reported that Chief, of Police ;St~ve Griffith talked to the committee last week and left them with that impression. Counci,lmember Bell, did ,not remember City Council making that decision. Mr. Tanner responded that it was specifically discussed [.... in the' past that the City Council should,be on top of issues, . should authorize the committee to proceed in controversial issues rather than receive issues that were perhaps controversial. Mayor Regular City Council Meeting, April 8, 1991 Higley agreed that Council discussed the matter and agreed that Council would give the committee charges on which they would act. The Mayor thought the discussion occurred in January. Counc i 1 member Bell thought the committee was to ld that they can not discuss anything ,unless City Council tells them to discuss it. Mr. Tanner explained the committees may discuss anything and everything. In fact, the Traffic Committee has scheduled the discussion of foot bridges over Poor Farm Ditch in the next week1s meeting. Chief Griff,ith' responded ,he used as an example the request to close Brompton. The request should be authorized for study by Ci ty Council before the commi ttee proceeds with pub 1 i c hearings and other actions. Mr~ Tanner related he was of the impression that this Council had expressed a desire for a greater degree of control than . existed. Councilmember Bell thought the control was more for legal expenses than what' the committee may discuss. Mr. Tanner explained that was just one part of the issue. Mayor Higley, commented .' that a request for a street closing, specifically, ,should start with City Council. Councilmember Bell di dnot thtnk that was conveyed to the Traffic Committee and he thought the committee was under the impression that unless Council authorizes a particular project, they are not to do it. Counci 1 agreed the committee could discuss anything they wish, however, they should not act u'pon items without Council's knowledge. It was agreed that Chief Griffith would clarify the question with the Traffic Committee. Mayor Higley reminded Council that only recently a letter was sent to committees listing their charges for consideration and recommenda t i on to' Cou nc i 1 . " Mos t, of the i r as si gned) cha rges have been completed. !' Councilmember 'Redeker questi oned 'the code; IIUB RFNDII on the check regi ster. 'Di rector of Fi nance and Admi ni stration !Donna Sims explained that was a utility deposit refund. Councilmember Redeker commented that at the corner of University and Wakeforest, the 'street, is spl it into a: llyn., , There is a sign that says lIone way II but thesi gnj, is diffi c:ul t ~to se'e' until adriver,'i s right on 'it., People are, always going the wrong way. The:l'leighbors thought that there'was ~oin~ to be.~ better,sign at that location. Chief G'ri ffi th reporte,d he: had ta 1 ked to the: res idents and agreed to do some 'additioflalstriping totry..toclartfy the correct lanes. Councilmember Redeker asked that Chief Griffith ,contact the citizens and tell them. l ') ----.J ~"- : Councilmember Redeker suggested City Council make a joint response in ;support of the proposed: coastal managementlegisJation before the Texas Legislature. The bills," under considera~tion would provide protection for our beaches and wetlands. It was agreed to have a letter prepared for all of Council to sign. Councilmember Redeker then asked when the response would be made to the Long Range Recycl ing CommHtee request concer.ning 'recycl ing of bi -metal cans. Mi ke ,Tanner-reported that' sta ff was not in favor of including,bi-metal cans in the city's recycHng program. The city was having difficulty keeping up with recycling plastics. The volume of recycling material is.one question. Manning the .1.0U Regular City Council Meeting, April 8, 1991 workforce is another. issue. Currently, Public Works is taking 2 U.,'..'",,'.. men out of the landfill and 2 men or more out of, the Street> Department to work the recycl ing program' on :Wednesdays. Counci 1 member Redeker .reported",the. next edition . of .the IICity Currents~1 had an 'article explaining .the only plastic acceptable for recycl ing was jugs. Ceuncilmember Redeker asked for clarification. CurtisCoo'perexplained that the plastics people who pick up our plastics do. not want anything but jugs. ' They are overloaded and there is not enough market to support more plastics. CounciJmemberRedekere,xpressed shock that she did not know that jugs were, the onlyplasti.cacceptable for recycling. Mr. Tanner explained that the cir.cumstances were changing almost da:ily, and,thatstaff,was'told"only recently that only jugs would be acceptable. Mike Tanner, reported, that Jerry Burns was in a group who di scussed'" with representatives from rthe industry including rbi-metal 'cans in the ,recycling program. Th'ere was no interest because there :was not a market for bu-metal cans. We would be looking at an even greater vo.lume of recyclable materials than the city has now and weare h.aving difficulty dealing with what we have. ' . , Mayor Higley requested staff make a full report on the recycling program ,to City Council; at the . next meeting. " She:, recommended I Council be prepared to take, a vote on the bi-met.al cans request to report back to the Long Range Recycling Committee. Mayor". Higley reported ,she ; 'received a' call. from a resident suggesting Council honor Sylvia Norton with a resolution at the next meeting. Ms. Norton is an exce 11 ent teacher at Wes t University Elementary School who has taught for over 20 years. It was suggested a "Sylvia Norton Day II be declared in the city. City Council agreed to have a resol uti on on the agenda for next meeting. . Mayor Higley called 'attention to the request from City Secretary Audrey Nichols that ,Council approve her continued committee services, on the State,: Library:',commHtee. Participation carries no cost to the city.' City Council agreed to. support acceptance of Ms. Nichols reappointment ,.to the Local ,Government Records Committee representing cities in the, State with a ,population of 5,000 - "49,999. STAFF REPORT: City Manager Mike Tanner had nothing further for Council to consider at this time. ADJOURNMENT: With no further business, ,to come before City Council ~t this time, moti:on was made by Counci ,1 member Watson, seconded by Counci 1 member ~ 'BelT, that the regular session be adjourned to reconvene in <1 workshop session. Such motion carried and the regular' session was adjourned a,t 8: 25 p.m.' Regular City Council Meeting, April 8, 1991 ~ J Audrey Nichols City Secretary J J J..c).l Laura C. Higley Mayor IM~ r 'f: CITY COUNCIL WORKSHOP SESSION MONDAY,' APRIL 22, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** [ City Coun~il Gonvened in workshop session in the Municipal Building, 3800 University B,oulevard, in the City of West University Place, on Monday, Apri 1 22, 1991, with the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. A 1 so present were the City Manager, Ci ty Secretary, City Attorney, Director of Finance and Administration, Director of Public Works, the Fire Chief, Chief of Police and the City Engineer. AGENDA REVIEW - DISCUSSION ONLY: The regular session agenda was reviewed by City Council. MATTERS RELATING TO CALLING A PUBLIC HEARING TO CONSIDER ZONING ISSUES ON LAKE STREET PROPERTY - DISCUSSION ONLY: Chairman of the Zoning and _Planning Commission, Reid Wilson, was present and advised City Council that the commission recommended calling a joint public hearing to consider the Lake/Tangley/Plumb/Kirby block. This area along Kirby is zoned Townhouse District, however, the actual use of the land is commercial. The lots fronting on Lake Street are currently zoned commercial but the land use is single-family residential. It was the recommendati on of the Z&PCommi ss i on to zone these areas to meet their respective land uses. City Council discussed the possibility of considering only the area fronting on Lake Street at the public hearing. The newly elected City Council members wou 1 d be the ones before whom the pub 1 i c hearing wou 1 d be held. The property on Lake Street was a 1 ess controvers i a 1 issue than that on Kirby Drive. This issue was on the regular session agenda for Council action. ~ MATTERS RELATING TO ARCHITECTURAL SERVICES FOR PARK DEVELOPMENT: Tom Rushing, Chairman of the Friends of West U Parks Board, and Russ Schulze, Chairman of the Parks Board, reported to Council that to proceed with engineering services for the Milton Street park development was consistent with the park plan. The city received money from the Wortham Foundation for park development. Mr. Rushi~g and Mr. Schulze requested Council IS approval to spend a maximum of $20,000 for engineering services through a contract with Tapley-Lunow Architects to provide plans and specifications to advertise for bids. Mayor Higley suggested the Parks Board consider seeking proposals from various firms to obtain the best price for engineering services. In previous bidding procedures Tapley-Lunow .LLJU City Council Workshop Session, April 22, 1991 ~~. 'L ~~. , Architects, were the highest bidders. Mayor Higley recommended competitive bidding might prove to be the most cost effective approach to get a fair price for the engineering. Councilmember Jenkins suggested the Parks Board consider giving the citizens a chance to look at the drawings of the park to hel p promote the park development. ' Mr. Schulze responded he was reluctant to seek proposals because the Parks Board lacked the, staff to do so. Tom Rushing asked if Council would consider' ,giving 'approval to proceed up to $20,000 subject to competitive bids. Mayor Higley suggested city staff would assist the Parks Board with the proposal process and make a recommendation for review of the proposals. Staff could cond,uct the interviews and make a recommendation for the Friends of West U Parks Board to consider subject to approval of the City Council. J Dave Agerton arri ved 1 ate in the' di scussi on.. He recommended Council proceed with Tapley-Lunow because he felt they would provide highest quality engineering services. Mayor Higley advised that the City Council has final responsibility for how the money is spent as 'that was the language of the 501 C(3) corporation when it was chartered. Mayor Higley recessed 'the workshop session at ,7:30 p.m., to convene in regular session. .[ At 8:10 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding; Councilmembers Bell,"Jenkins, Redeker and.Watson. Staff,members present were the City Manager,. City Secretary, Director of Finance and Administration, Director of Public Works, the Fire chief, Chief of Police, the .C,ity Enginee'r:, and the, ~Deputy .Director, of Public Works/Ge'nera 1 Services. MATTERS RELATING,rO ,THEi RECYCLI.NG PROGRAM: Jerry Burns, Deputy Director of Public Works/General Services, reported on the city's recycling program. The -report covered how the recycl ing program ,functions,;:c current condi ti ons and future predictions. J . - 'I,: MATTERS REl8TING TO P~OPO$ED lEGISlATTO~ rONr~QNTNr, M~TQn. J . , Councilmember Redeker reported there was legislation proposed to change the' composition; of the . Board of Directors of the Metropolitan Transit Authority which would eliminate the small IImul ti -c ity II representati on. Mayor Higley reported Mayor Bellamy of Southside Place suggested a joint resolution for Southside and West University Place. Mayor Higley suggested City Council consider, authorizing 184 City. Council Wo'rkshop' Session, Apri;l 22;1991 participation with Souths.idePlace on the joint resolution and a letter to the representatives and senator opposing the legislation. As" in;a p'reviously,file,dAffidavit of Substantial Interest, Councilmember. Redeker announced she would not participate in a motion or vote relating to'the legislation. Mot;jon was made by Councilmember Bel], seconded by Councilmember Jenki,ns, that CityCounci.l participate with Southsi de Place to adopt a joint resolution, ,opposing, the elimination of the multi-city representation on th'e METRO board and to mail letters to the legislative representatives opposing enactment of the proposedl~gislation. Voting Aye: , , Mayor Higley, Councilmembers Bell ,Jenkins, Watson None None Councilmember'Redeker Voting No: Absent: Abstaining: MATTERS RELATING TO THE PURCHASE., EXCHANGE AND VALUE OF REAL PROPERTY: CONSIDERATION OF LOTS ON BYRON STREET AND MATTERS NECESSARY OR INCIDENTAL THERETO: Mayor Higley recessed'thewQrkshop session at 8:55 p.m., to go into a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV . STAT . ANN., as amended, Articl e 6252-17, Section 2(f). At 9:15 p.m., Mayor Higley reconvened the workshop session. Motion was made by'CouncilmemberBell, seconded by Councilmember Jenkins, that .City Council authorize the purchase of Lots 14, 15, 16, and 17, Block 27, Co,lonial. Terra,ce C at the appraised value, that the City Attorney negotia,te the contract{s) for closing; that the Friends of West U Parks Boardc,ommit $100,000 to be 'paid at the time of closing; and that the, Friends of West U Parks Board pay one-half of the 'total: cost'.:of the acquisition as the money becomes available through donations and contributions. Voting Aye: Mayor Higley, Councilmembers Be 11 , Jenkins. ,Redeker, Watson None None Voting No: Absent: COUNCIL COMMENTS: No member of City Council had anything further for discussion at this time. City Manager. Mi ke Tanner hadnothi ng further for Counc ill s consideration at this time. [ STAFF REPORT: .:l. CH.1 City Council Workshop Session, April 22, 1991 j~~ '.' 'nt i'ii < I'll ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Co'uncHmember Bell, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was ~djourrted ~t9:23 p.m. Laura C. Higley Mayor Onk4d.L. Audrey Nij:ho 1 s City Secretary , < ' Ej'" :1. , J~) y " , j" l' . I, , .l~O REGULAR CITY COUNCIL MEETING APRIL 22, 1991 MUNIClPAL.BUILDING ~J800~UNIVERSI1V; BLVD. , 7:30P.M. **************************************** ,\ ' .' ',: I ..- - tJ - -, . City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, April 22, 1991, with the following members present: Mayor Higley,p:re.siding;,CouncilmembersBell, Jenkins, Redeker and Watson. A 1 so prese-nt were the Ci ty Manager, Ci ty Secretary, Ci ty Attorney, Director of Fi~ance and Administration, Director of Public Works, the Fire Chief, the Chief of Pol ice, and the City Engineer. Counci lmember Watson delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Higley invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Peter Powell, 2606 Carolina Way, expressed his concerns over a delay in the process to consider the proposed rezoning of :~m~~to;qu~~:l :~~" t:O a t~f:tt:d b~ ~~ ~i "~e s ~~~ ;::::s t~~d d~~~ g~=~~~ ~,. would be an agenda item for tonight's meeting. L Gordon Smith, 2650 Barbara Lane, submitted a petition setting out the recommendation for a zoning change in the Pemberton Addition. Mayor Higley explained that perhaps there had been some miscommunication. City< Council had voted and denied a proposed moratorium on building in Pemberton. This City Council was . hesitant to call a public hearing on the Pemberton building site question as they would not be in office to conduct the public hearing. City Council would, as an agenda item, consider calling a publ ic hearing to address the zoning on Lake Street between Pl umb and Tangl ey. However, City Counci 1 had - not at thi s time received a recommendation concerning the Pemberton Addition from the Zoning and Planning Commission. Mrs. Hellerman, 3905 Marlowe, expressed her concerns on several subject. She was not in favor of lowering the speed limit to 25 MPH and suggested hiring more police officers. From the telephone survey she 1 earned that City Counci 1 was cons i deri ng relocating the recycling drop off on Milton Street. Mrs. Hellerman was not in favor of moving the recycling center. Mrs. ~~~ 1 eh':s'" a W~~r;:t f~;il ;av~;d Ot:o t~~g;W~i~~g "~{S t:co~~~a t: r~~~~ ~ ~,... refuse volume. Mrs. Hellerman expressed positive feelings about 11 the address number requirement on houses, but she was not in favor ..L U 6-' Regular City Council Meeting, April 22, 1991 of private trash collection. She did not think the sidewalks were safe to wa 1 k on or use for baby bugg i es andwoul d Ii ke to see the sidewalks repaired. CITIZENS RESPONSE TO AGENDA ITEMS::; Mayor Higley invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE ,CONSENT, AGENDA: No member of City Council, suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Watson, seconded by Councilmember Be 11, that the consent agenda be approved in accordance wi th staff recommendation. ' Voting Aye: 'Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson, Voting No: None Absent: None RESOLUTION HONORING SYLVIA NORTON: Mayor Higley presented and read the following resolution. CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 91-06 'WHEREAS, Sylvia Norton began teaching at " the West University Elementary SChool in 1961; and WHEREAS, Sylvia Norton has been teaching. our chi ldren at West University Elementary School for thirty years; and WHEREAS, during' these Norton I s excellent teaching children who earned the rare IINorton's Nu-Nusll; and thirty years, Sylvia has benefited over 1,000 distinction of being k'nown WHEREAS, Sylvia Norton is an excellent teacher who has given herself to the education and nurtu~ing of children who were fortunate to have her for a teacher. t:.} NOW, THEREFORE;, ' IMM Regular City Council Meeting, April,22, 1991 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: L Section 1. That the members of City Council express to Sylvia Norton their admiration and respect for her enduring service to the community through her high educational standards. Section 2. That the members of City Council praise and honor Sylvia No,rton for. the.: thirty years she so freely gave of herself to the children in our community. Section 3. That. the members of City Council declare April 23, 1991, SYLVIA NORTON DAY in the City of West University Place and urge the residents of the city to express their appreciation to her for her many years of unselfish service and superior teaching. Section 4. That' this resofution b~ spread in full upon the minutes of City Council and that the Mayor be, and she is' hereby, authO'ri zed to cause to be deli vered to Sylvia Norton a copy of this resolution. PASSED AND APPROVED this the Apri 1 ,1991. 22nd day of Voting Aye: Voting No: Absent: Laura C.- Higley, Mayor" Buddy Bell, Mayor Pro Tem ! ' Janet L~ Redeker, Councilmember Jim J-enki ns, . Councilmember . Bi 11 Watson, Councilmemb~r (SEAL) .Attest: Audrey Nichols, City Secretary James L. Dougherty, Jr. City Attorney ~ .Jl:C10 Regular City Council Meeting, April 22, 1991 J Motion was made by Councilmember Redeker, seconded by Councilmember Watson, that Resolution Number 91-06 be adopted as read. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Mayor Higley presented ,the 'resolution to Sylvia Norton and expressed appreci atio'n for her dedi cati on to her students. A reception followed immediately after the Council Meeting and many former and current students were in attendance to honor Mrs. Norton. RESOLUTION CONGRATULATING, MRS. BIRTHDAY: GRACE GUIFFRE ON HER 100TH Mayor Higley presented and 'read the following resolution. CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 91-07 l WHEREAS, Grace Giuffre has been a resident of the State of Texas since ,1905 and 1 ived in the City of West University Place 'for over forty years; and WHEREAS" Friday,. May 3, 1991 is a very special day for Grace Giuffre; and WHEREAS, on May 3,' 1991; Grace Giuffre will celebrate 100 years of life. NOW THEREFORE, BE IT RESOLVED BY THE CITY €OUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the members of the City Council congratulate Grace Giuffre on her 100th Birthday and wish her many, many more. J Section 2. That the members of City Council JOln Grace Giuffre1s children, grandchildren, gr'eat-grandchi 1 dren . and, great.,.great grandchiTdren in wi:shing her a very sjJec;.alHappy Bi,rthday. Section 3. That this resolution be spread. in full upon the minutes of City: Council and that the Mayor be, and she is hereby, authorized to cause to be delivered to Grace Gi uffre a copy of thi s.reso 1 uti on.. ; PASSED AND APPROVED this the Apri 1 , 1991. 22nd day of 190 Regular City Council Meeting, April 22, 1991 Voting Aye: Voting No: Absent: Laura C. Higley, Mayor Buddy Bell, Mayor Pro ,Tem Jim Jenkins, Councilmember . Janet L. Redeker, Counc.i'lmember i , Bill Watson, Councilmember ( SEAL) 'Attest: , Audrey, Nichols City Secretary Approved as to Form: JalTles L. Dougherty, Jr. Gity,Attorney Moti,onwas made by Councilmember Bell, seconded by Councilmember Watson, that City Council adopt Resolution Number 91-07 as read. Voting Aye: Voting No: Absent: Mayor' Hi gley, Counci lmembers Bell, Jenki ns, Redeker, Watson None None ORDINANCE RELATING TO THESIDEWALK ORDINANQE: Consideration was given to the first reading of Ordinance Number 1396. Mayor Higley read the caption as follows: ORDINANCE NUMBER 1396 AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND'\RELA;rED REGULATIONS; AME.NDING. THE. DEFINITION OF MAJOR. R~M(!)DE~If'JG; AMENDING THE CODE' OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ; AND'.CONTAINTNG FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1396, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. .L iY .A,' Regular City Council Meeting, April 22, 1991 Motion was made byColincflmember Jenkins, seconded by Counci 1- member Watson, that Ord i nance Number 1396 be accepted on fi rs t reading as presented. ' Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell; Jenkins, Redeker, Watson None None BI-METAL CAN RECYCLING: Consideration was given to the request to include bi-metal cans in the city's recycling program. Members of the Long Range Recyc 1 i ngCommitteea:ppea red beforeC'i ty Council on March 11, 1991, and , requested' bi-metal'cans'be included in the city's curbside pickup of recycling materiaT. The .questionwas referred to staff for recommendation to Council. Staff recommended' that bi-metal tans not be included in the recycling program at this time but to concentrate on better participation with the.i,tems'currently being collected. Reasons for the' recommendation we're a's' fo 1'1 OW$: 1 (1) Metal cans make up about 5% - 8% of the Solid Waste stream. If the collections amounted to 50% of the total, it would only reduce thestrea'm by 1 1/2 - 4%. ' This is a small percentage when one considered newsprint at 25% and compost at 33%. (2)' Curbisde · 'c'o'llettions 'would become more confusing. Presently, residents' are asked to separate 5 different items for collection, yet the majority of pickups tis newsprint. By adding an additional item, staff thought the participation would be insignif~cant. . .J_ , (3) The drop-off point location is completely full of material trailers. There is no room for an additional dumpster or trailer for bi-metal cans. ( 4) In contacting theC'ity of. Bell a i-re , (who recyc lesimeta 1 cans ,''at their"drop-off point)' their' totals run about 7. cubic yards per week. . Their general fe,e.ling was that this isa loosing , ' ' proposition when faced withbransportation cost.:" Motion was made by: Couhcilmember, Redeker, seconded by Counci 1- member Bell, that City/Council i accept s,taff'.srecommendation and not include bi-metal cans'in'the'recycling program at this time but' to consider itcit a late,rtime.., l I I I --1 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, · 'Redeker ,Watson ' None , None l~~ Regular City Council Meeting, ApriL22, 1991 PUBLIC HEARING. RELATING TO ZONING ISSUES: :;. .' Consideration was given to calling t1 public hearing to consider rezoni ng Lake Street property from Commerci alto Si ngl ey-Family Residential. ;...". _: i, ,'.) '.." Mayor Higley presented Ordinance Number 1397 and read the caption as follows: ORDINANCE NUMBER 1397 AN, ORDJNANCE CALUN,G A JOINT PUBLic HEARING BEFORE ,THE ZONING & PLANNING, COMMISSION 'AND , THE CITY COUNCIL IN , RELATION TO THE ZONING; ORDINANCE ,.OF THE CITY ; PRESCRIBING AND APPROVING THE, TYPEQF NOnCE TO ,BE GIVEN AND ,THE FORM OF NOTICE; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING ANEMER.GENCY. Copies of Ordinance, NUrnbE!r '1397, in the form required for adoption, were availablE! to all members of City Council and a reasonable number of additional copies available to interested citizens present. , , , " Motion was made by Councnm.eJllbE!r:~enkins, seconded by Counci 1- r member Redeker, that Ordinance Number 1397 be adopted on first l reading as presented. Voting Aye: MayorHigley,Councilmembers Bep, Jenkins, . Redeker, W,atson ,'. Voting No: Non~ Absent: None City Council Chambers. agreed to hold the public hearing in Council if :1 _, ARCHITECTURAL SERVICES FOR PARK,DEVELOPMENT: Consideration was given to authprizing architectural services for park development. It was det.ermined that engineering services were needed to prepare plans and: specificiitions for bidding purposes for deve10pment ,of,the Mi lton" Street park.,si tee Motion was made by, Councilmelllber' Redeker, seconded by Counci 1- member Jenkins, that City C,ouncp require the Parks Board and Friends of West U Parks I Board to ,obtain proposals for engineering services to prepare plans and specification for develoPlllent of the Milton Street park. Voting Aye: Voting No: Absent: Mayor Higley," Councilmembers Bell, Redeker, Watson ' None None Jenkins, [ 'I" i .r;:;a Regular City Colmcil Meeting, April 22, 1991 HOUSTON-TENNECO MARATHON: Consideration was given to authorizing a change in date to Sunday, January 26, 1992 for the use of city streets for the Houston-Tenneco Marathon. On February 2'5, 1991, City Council approved the date of February 2, 1992 and authorized the use of city streets for the Houston-Tenneco Marathon subject to receipt of an insurance certificate naming the city as an additional insured and the Hold Harmless Agreement used in previous marathon events. On April 8, 1991, the Marathon Committee requested authorizati on for the use of city streets on a different date, January 26, 19,91. Motion was made by Councilmember Watson, seconded by Councilmember Bell, that City Council authorize the use of city streets for the Marathon on January 26. 1991 under the same conditions as prqviouslylisted. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None' None Voting No: Absent: -1 WATER LINE REPLACEMENT PROJECT, AREA 2-B: Consideration was given to the following submitted by RWL Constructi on, Inc. , for work performed on the water 1 i ne replacement project in Priority Area 2-B: (a) Monthly Estimate No. 7 and Final in the amount of $34,961.30; (b) Change Order No.4 and Final for an overall reduction of 2.24% of the original contract amount; and (c) Authorization for issuance of Certificate of Acceptance. Motion was made by Councilmember Watson, seconde(l, by Councilmember Bell, that City Council approve for payment Monthly Estimate No. 7 and Final in the amount ~f $34,961.30; approve Change Order No. 4 and Final; and authbrizethe issuance of the Certificate of Acceptance to the contractor. Voting Aye: Mayor Higley, Counci.1members Bell, Jenkins, Redeker, Watson None None Voting No: Absent: CONSTRUCTION OF WAKE FOREST ELEVATED STORAGE TANK: 1 1 ~ Consideration was given $293,938.65 submitted performed February 26 storage tank. to Monthly Estimate No. 5in the amount of by Pitt-DesMoi nes, Inc., for work through March 27, 1991 on the elevated J.~4 Regular City Council Meeting, Apnili.22,.1991, Motion was made by Councilmember Watson, seconded by,Councilmember l Bell, that City Council approve for payment Monthly Estimate No.5 ; n the .mou nt of $293. 938.; 65.s uhnlitted. .byp; tt- DesMa; nes . Inc.. ,- for work performed on the elevated storage tank. Voting Aye: ,Voting No: Absent:. . , , I Mayor Higley, Councilmembers Redeker, Watson Nene "None Be 11, Jenki ns , Consideration was given to Monthly Estimate No. lin tile amount of $86,021.10 submitted by Whitelak, Inc., for' work performed March 4 through March 31, 1991 on the' sewer line replacem,entiin Priority Area 2. ' .. Motion was made by Councilmember Watson" seconded,byCouncilmember Bell, that City Council approve for payment Monthly Estimate No. 1 ;,n the amount ,of $86,'021.10 ~oiWhHelak Inc., '\, Voting Aye: Voting No: Absent: .: ;,1~, '; Mayor Hi gl ey "Cqunci lmerl)bers Redeker, Watson, None None Bell ,JenkilJs, .l,'1 1 .I, , .,j I , , REFURBISHING 1972 FIRE ,PUMPER: .,\ l .1" 'f, ., Consideration was given, to'staffls recommendation for award of contract for refurbishing the 1972 American LaFrance Pumper. ',f I Staff recommended the contract be awarded as amended by Change Order No., 1 to the 10w:bidder"Sp.ecial Equipment Services, Inc., in the amount of $39;,780.00. ,!;" , , . "", Motion.,was made by Gouncilmember Watson,secondeq,by Councilmember , Bell, that City Council accept staff's recommendation and award the cOritract for ,refurbishing,'the 1972 American. LaFrance Pumper to Special Equipment Services, Inc., in the amount of $39,780.00. i, Voting Aye: Voting No: Absent: TAX REFUNDS: ,Mayor Higley~Councilmembers Bell, Jenkins, Redeker, Watson None ;None , . \. Consideration was given to authorize tax refunds representing duplicate payments. ,,", " i.' Mot i on was made. by ,Counc il member Watson, seconded by Counc i 1 member [ Bell, that City Council authorize tax refunds for,~he~ following: · .l.Vd Regular City Council Meeting, April 22,1991 James W. Craig Account 222-00055-065 $781. 53 NCNB Texas Mortgage Account 130-00013-230 $722.00 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following city council meetings: (a) Regular City Council Meeting on April 8, 1991; and (b) City Council Workshop Session on April 8, 1991. Councilmember Jenkins offered the following correction to the workshop minutes: He was listed as present in the opening paragraph and, in fact, he was absent. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that the minutes be approved as corrected. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Voting No: Absent: COUNCIL COMMENTS -DISCUSSION ONLY: Councilmember Redeker congratulated Fire Chief Terry Stevenson for the Fi re Department IS handl ing of a young person as reported by her mother. STAFF REPORT - DISCUSSION ONLY: Ci ty Manager Mi ke Tanner had nothing further to report at thi s time. ADJOURNMENT: 1 With no further business to come before City Council at this time, motion was made ,by Councilmember Redeker, seconded by Councilmember Bell, that the regular session adjourn to reconvene in workshop session. Such motion carried and the regular session was adjourned at 7:55 p.m. .l~tj Regular City Council Meeting, April 22, 1991 Laura C. Higley Mayor [ .J:: ;:J'j SPECIAL CITY COUNCIL MEETING MONDAY, APRIL 29, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** City Council convened in special session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, April 29, 1991, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Redeker and Watson. Councilmember Jenkins was absent. Also present were the City Manager, City Secretary and the City Attorney. MATTERS RELATING TO APPOINTMENT OF SPECIAL COUNSEL: -"l I I The City Attorney previously filed an affidavit about the house that he and his wife own near the north end of the Pemberton Addition. Because of this, Mr. Dougherty did not think it appropriate to rule on zoning matters that affect just the Pemberton Addition. Mr. Dougherty suggested City Council consider engaging special counsel to advise them on matters relating to the zoning in Pemberton. William A. Olson, Jr., of Olson & Olson, was contacted and agreed to serve the 'city in this capacity. The following letter, dated April 29, 1991, was submitted. for: consideration: ---1 l I I ....J IIThi s 1 etter:: confi rmsi our firm I s agreement to provide legal services to the City of West University Place on matters relating to the creation of a new single-family residential, zoning district. We appreciate the City'sconsideration of our firm for thi s 'engagement. '" i,'" . Our. fees wi 11 be determi ned b.y the' time" .expended in providing such services. The City of West University Place will 'be: bi lled for such" work on an hourly basis at ,rates consistent with rates charged ather governmental, cIi ents for s imi 1 ar servi ces. The current charges for attorneys in the firm range from $100 to .$200 per hour. based upon experti se and experience. We anticipate that most of the services provided the CitywiTl be performed by an attorney whose 'billing rate ,is $150 per hour. 'We will ,bill monthly. as the services areperformed~: : In addition to fees for services, the City of West University Place wi'll :rei'mburs,eOlson &, Olson for actual out..,of-pocket expenses, such as pri nti ng and reproduction of documents, secretarial overtime, messenger servicei ~ndsimil~r expenses, and all items paid for by the firm on behalf of the City. All .1.:1<" City Council Special Meeting, April 29, 1991 expenses will be reasonable and subject to your approval. I trust that thfsproposa 1 wi 11 be satisfactory to the City. If you need additional information, please advise me. Is/William A. Olson, Jr.1I Motion was made by Councilmember Redeker, seconded by Gouncil- member Watson, that Ci ty Counc il accept the Letter of Engagement, dated Apri 1 29, , 199J. " from 01 son & 01 son for 1 ega 1 servi ces in connection with the zoning matters for: the Pemberton Addition. Voting Aye: Vot i ng No': Absent: Mayor Higley,Councilmembers Bell, Redeker, Watson None, Councilmember Jenkins MATTERS RELATING TO PUBLIC, HEARING CALLED FOR MAY 28, 1991, TO CONSIDER ZONING ISSUES: Mayor Higley presented Ordinance Number 1398 and read the caption, as follows: ORDINANCE NUMBER 1398 AN ORDINANCE CALLING A JOINT PUBLIC HEARING BEFORE THE ZONING & PLANNING COMMISSION AND THE CITY COUNCIL IN RELATION TO THE ZONING ORDINANCE OF THE CITY; PRESCRIBING AND APPROVING THE TYPE OF NOTICE TO BE GIVEN AND THE FORM OF NOTICE; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. r I L Copies of Ordinance Number 1398, in the form required for adoption, were avai'lableto ,all members of City Council and a reasonable number of additional copies available to interested citizens present. Ordinance Number 1398 called the public hearing to consider (i) rezoning Lake Street ,Property from Commercial to Single-Family Residential and (ii) to consider a proposal to create a separate zone for Pemberton Addition to recognize , existing IIbuilding sitesll as being the equivalent of a subdivided lot. It was brought to the attention of City Council that there was an error in the boundaries of Pemberton Addition as worded in the ordinance. The east side of Annapolis Street was the error; it should read the east side of Wakeforest Street. City Council agreed to make that amendment. Motion was made by Councilmember Redeker, seconded by Council- l member Watson, that Ordinance Number 1398 be adopted on fi rst and ~ final reading as amended. .A. e7 V City Council Special Meeting, April 29, 1991 l Voting Aye: Voting-No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None , Councilmember Jenkins PARK LAND DEDICATION: Mayor Higley presented Ordinance Number 1399 and read the caption as fo 11 ows : AN ORDINANCE DEDICATING AND ,REDEDICATING CERTAIN. LAND FOR PARK, RECREATIONAL AND OPEN SPACE PURPOSES AND CONTAINING FINDINGS AND P.ROVISIONS RELATING TO THE SUBJECT~ " The ordi nance was for the purpose of dedi caUng Lots 5, 6, 7, 8, and 9 in Block 17 of College View Addition, Third Subdivision, (former JMH Supermarket Site) 'for park,and open space purposes. City Attorney Jim Dougherty" advi sedq that the City Charter authori zed ordi nances be introduced and the caption read at two regular sessions. The only ordinances subject to consideration at a special session were for emergency ~nactment. If Council wished to vote on the ordinance at this meeting, an emergency clause could be added. I I ! Russ Schulze, Chairman of. the Parks Board, submitted the following statement to the members of the City Council. , , , I I \ I -J III want to:thank the members of City Council for their support of our parks program during the past, two years. Thanks toyou;-we haveaccomp li shed more, to improve our quality of life in West University than I can remember, in my prior, 16 years of residency. On Saturday, 'Park Fest raised almost $10,000 for further parks improvements as well as pr:ovtdi ng fun for: all. ' It is a:great start for a new city tradition! At this time, IJencourage you to dedicat.e all 5 lots on Mi 1 ton Street for i ' parkspace. i I Pl ease continue to build the legacy for better city parks , that you and your. rece'nt' predecessors have already begun. No one knows what the election willLbring in terms of the' next cooncil';s ,priorities'. ,One mayoral candidate and at least one independent council candidate have told people that they plan to sell some of the Milton Street lots. Parks do not seem to have as high a priority with them. Any who 1 esal e retducti:on in I greenspace is a cl ear and present ,danger to West, Un; versi ty' s qua 1 i ty of 1 ife. The ci ty presently has only 5%, Of the nationally recommended amount: of park space to support our population. The Parks Needs Assessment Survey in 1989 received over 400 citizen responses and showed ~uu City Council Special Meeting, April 29, 1991. almost, unanimous. support for increasing park space. Any reduction of city: lana. earmarked for park development is clearly contrary to the best ,interest and wishes of most citizens. Our youth, senior citizens and families as a who 1 e wi 11 benefit from the Mi lton Street, pa rk. Senior citizens and young families will use the park at any time. Prete~ns. and teenagers, can use it as a place to meet, play and experience independence after school. Milton Street is planned as a quiet park to compliment the higher .levels of activity at the elementary .schoolathletic' :f,ielc;ls. ,It, is,clQse,to the center Of the city which will facilitat~ m(!.intenance' and supervision. Park development can be at little or no cost to ' the city, when funded by private donations through the efforts of the. Friends of West University Parks~ our,volunteer fundraisingorganization~ As responsible community leaders, our job is to provide safe, useful open space for our citizens. Acquiring, dedicating and development park space provides long term, benefits for our city. Thank you. II Motion was made by Councilmember Bell that the ordinance be amended by adding an emergency clause for adoption. Councilmember Redeker, seconded" the moti on. Mayor Higley questioned adding the emergency clause and ,recommended. Council, consider not adopting the ordinance. After discussion, Councilmembe,rBell". withdrew his motion and Counci lmember Redeker .withdrewl,her second.' , : ., \ .. Motion "was then made by. Counc:ilmember Redeker, seconded by Council member Bell, that because this was a special meeting the ordinance would have to be declared an emergency and rather than do that this, City Council.stron.gly recQmmends that the next City Council dedicate. the ,entire.prop~rty for, park space at the first available opportunity. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins ADJOURNMENT: With no further business to:come before City Council at this time, motion was made by, Councilmember Bell, seconded by Councilmember Redeker, that the special session adjourn. Such motion carried and the special sessi6n was adjourned at 7:13 p.m. [ City Council Special Meeting, April 29, 1991, J , " l ......, _'-' ..lI.. Laura C. Hi,gley Mayor ~u~ SPECIAL CITY COUNCIL MEETING MONDAY, MAY 6, 1991 MUNICIPAL BUILDING .3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** City Council convened in special session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, May 6, 1991, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councilmember Redeker was absent. A 1 so present were the City Manager and thE;! City Secretary. MATTERS RELATING TO CANVASS OF 1991 GENERAL ELECTION: City Council, meeting as the canvassing authority, reviewed the returns submitted by the Central Counting Station Presiding Judge and the Absentee Ballot Board Presiding Judge. Mayor Higley presented Ordinance Number 1399 and read the caption. as follows: ORDINANCE NUMBER 1399 AN ORDINANCE CONVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ON MAY 4, 1991; CONTAINfNG FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. l After review of the tabul ated returns and the manually counted absentee returns, it was determined that each candidate received the following votes: Whitt Johnson Mayor 1372 votes Bi 11 Watson Mayor 1252 votes Janice Lang Council Member 1459 votes Jeann Howse Council Member 978 votes Cullen A. Duke Council Member 1305 votes Charlie Lusk Council Member 937 votes Jim Jenkins Council Member 1504 votes Sue Porretto Council Member 1005 votes Rick Spencer Council Member 886 votes [ Bob Kelly Council Member 1789 votes Special City Council Meeting, May 6, 1991 As a result of such canvass and tabulation it is hereby determined and declared that WHITT JOHNSON , with a total of 1372 votes cast for him," was' elected MAYOR of the City of West University Place, Texas; ar:ld,that BOB KELLY , with a total number of 1789 votes cast for him; and JIM JENKINS , with a total number of 1504 votes cast for him; and JANICE LANG , with a total number of 1459 votes cast for her; and CULLEN A. DUKE. with a total number of 1305 votes cast for him; have been elected COUNCILMEMBERS of the City of West University Place, Texas. i'i Copies of Ordinance Number 1399, in the form required for adoption, were available'to' all members of City Council and a reasonable number of, additional copies available to interested citizens present. ' Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that Ordinance' Number 1399 "be adopted on first and final reading as presentet. Voting Aye: Voting No: Absent: Mayor Higl ey ,Coundlmembers Bell, Jenkins, Watson None Councilmember Rec;;leker 1 I ISSUANCE OF CERTIFICATES OF ELECTION: Mayor Higley executed the, certificates of election to each elected officer. The certificates were distributed to Whitt Johnson, Bob Kelly, Jim Jenkins, , J.ani'ce ,Lang and'CullenA. Duke. MATTERS RELATING TO THE CASESTREET;PROPERTIES: Due to the absence of the City Attorney, thi s agenda item was postponed to the May 13~ 1991, workshop session. ADJOURNMENT: With no further business to come before City Council 'at this time, motion was made by "Countilmembe.r, Jenkins" seconded by Councilmember Watson that the meeting adjourn. Such motion carried and the special session was adjourned at 6:42 p.m. ) 1 A~Ol~ City Secretary , , Laura C. Higley Mayor 204 CITY' COUNCIL WORKSHOP SESSION MONDAY, MAY 13, 1991 MUNICIPAL,BUILDING 3800 UN I,VERSITYBL VD.; 6:30P.M. **************************************** 'i ~, j' :" City Council convened in workshop' session in the Municipal Building, 3800 University Boulevard" in the City of West University Place, on Monday, May 13, 1991, with the following members present: Mayor Higley, presiding; Council members Bell, Jenkins and Redeker. Councilmember Watson was absent. ,Also present were the City Manager, City Secretary, City Attorney, Dtr.ector.of Finance and Administration, the Fire Chief, Chief of Police and the City Engineer. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed the agenda for the regular session. MATTERS RELATING TO THE CASE STREET PROPERTIES: Mayor Higley recessed the workshop session at 6:40 p.m.; to go into a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Sections 2(e) and 2(f). Mayor Higley reconvened the workshop session at, 7:20 p.m. [ Motion was made by CouncilmeinberBell,seconded by Councilmember Redeker, that City Council approve the purchase of the four lots on Case Streets, 4101- 4W9Case, including the,terms stated in the two addenda (the difference in the addenda is the tax proration); approve and ,authorize staff to conduct the customary residential, inspections of,' the, properties i\1cluding termite inspections. Voting Aye: V6ting'No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None, . Councilmember Watson ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop session was adjourned at 7:25 p.m. Laura C. Higley Mayor ! L Audrey N.ichols City Secretary REGULAR CITY COUNCIL MEETING MONDAY, MAY 13, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Council convened in regular session in' the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, May 13, 1991, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Redeker. Councilmember Watson was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Finance and Administration, the Fire Chief, the Chief of Police, the City Engineer" Deputy Director of Public Works-Utilities and Deputy Director of Public Works-General Services. Mayor Higley delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Higley invited residents to speak who had matters they wished to bring to the attention of the City Council which had,not previously been submitted to the City Manager. Bob Whitman, 4103 Milton, requested time to address the new City Council when they were seated at the~Council table. CITIZENS RESPONSE TO AGENDA. ITEMS:. Mayor Higley invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. . , I ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Counci 1 suggested removing an item from the consent agenda. ,I' CONSENT AGENDA: ; ,.) .. , ... <, Motion was ,made' by ,CounciJmember':,l Redeker, '::~ s~conded by Councilmember Jenkins, that the consent agenda be approved in accordance with staff recommendation. ~ I t I J Voting Aye: Mayor Higley, Gouncilmembers Bell, Jenkins, " Redeker ,. Voting No: None Abserit;: ' Councilmembe\'LWatson : ,. j. 206 City Council Regular Meeting, May 13, 1991 ORDINANCE RELATING TO SIDEWALKS: Mayor Hi g 1 ey presented Ordi nance Number 1396 for second and fi na 1 reading and read the caption as foll ows: ORDINANCE NUMBER 1396 AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND RELATED REGULATIONS; AMENDING THE DEFINITION OF MAJOR . REMODELING; . AMENDING THE CODE OF ORDINANCES OF THE CITY, OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number :1396, in the form required for adoption, were available to all members of City Counci 1 and a reasonable number .of additional copies available to interested citizens present. Motion was made by Councilmember Redeker, seconded by Councilmember Jenkins, that Ordinance Number 1396 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,Jenkins, Redeker None Councilmember Watson [ RESOLUTION RELATING TO SENATE BILL 808 AND THE COMPOSITION OF THE METRO BOARD: Councilmember Redeker offered the following affidavit and announced she would abstain from the discussion and from voting on thi s item. STATE OF TEXAS ~ COUNTY OF HARRIS ~ AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Ms. Janet Redeker , who, being by me duly sworn did depose and say as follows: My name is Janet Redeker. I have a IIsubstantial interest II in the Metropo 1 i tan Transi t Authori ty (the IIbusiness entityll), in that I am employed full time by the business entity and receive at least ' 90% of my annual income from that entity. I believe that the business entity would be peculiarly affected by a vote or decision of the City Council to adopt Joi.nt Resolution No. 91-08 opposing Senate Bill 808 which bill proposes to change the r L ..... 'V' e City Council Regular Meeting, May 13, 1991 representati on of the' multi -cities on the METRO Board of Directors. I intend to abstain from participation in any action regarding this matter, a'nd lam filing this affidavit to be incompliance with the Texas i Loca 1 Government Code and the City Charter. ' Signed: Isl Janet L. Redeker STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, a notary public, on this day personally appeared Janet Redeker' ,known to me to be the person whose name is subscribed to the foregoing document and being by me first duly sworn, ,declared that the statements therein contained are true and correct. Given under my hand and seal of office this 13th day of May ,A. D.,. 1991. l ~ Isl A~dYeyNich613 Notary Public, Signature My commission'expires: 4-19-93 FILED with me, the official record keeper of, the City of West University Place, Texas on this the . 13th day o,f May ,1991,at6.:25 o'clock ~m.. . f': Is/Audrev,Nichols Audrey Nichols, City Secretary Mayor Higley presented' Resolution Number 91-08 for Council's consideration, as follows: JOINT RESOLUTION CITYOFMESTUNIVERSITY PLACE , CITY' OF SOUTHS IDE ,PLACE " .. ' : , RESOliUTION NUMBER 91~08 l J" ;. I' :':1 WHEREAS, ,the, current METRO, ,Board of Directors is comprised of' nine members, five are appointed by the Mayor of Houston, and confi'rmedby Council" two are appo:illted by the County Judge and c,onfi rmed by the County Commissioners, and two are appointed by,the'14 multi.,.city Mayors; , WHEREAS, the current all ocati ons of appoi ntments reflects the relative weights of the constituent jurisdictions by population or sales tax receipts; and zu~ City Council Regular Meettng, May 13, 1991 WHEREAS, the current composition of the Board has worked well in balancing the interests within the Metro region; and , WHEREAS~ Senate Bill 808pr.oposes to change the representati on on. the' METRO Board. to exclude the 14 mu.l t i ...ci ti es 'from a.nycontrol:,over, i the nom.i na t j on of. the members to the Board. NOW; THEREFORE BE IT RESOLVED BY THE MAYORS AND CITY COUNCILS OF THE CITIES OF WEST UNIVERSITY PLACE AND SOUTHSIDE PLACE, TEXAS: .,', . , Section 1. That the City of West University Place and Southside Place, as well as the other cities in Harris County, provide a fair amount of the revenue collected for METRO operation and deserve to be included in the nomination process for representation on the Board. Section 2. That the. ,demographics indicate that the multi-cities are entitled to maintain their current representa t i on on the METRO Board:. Section 3. That each respective City Council of the City of West University Place and the City of Southside Place overwhelming opposes Senate Bill 808 and any legislation that would change the representation on the Board of Directors for the 14 multi-cities. Section 4. That the Mayor of West University Place and the Mayor of Souths i de Pl ace be , and they are hereby, authori zed and 'directed to del i ver or cause to be deli vered an executed, certified copy of this Resolution to the members of the Senate Commi.ttee on Intergovernmental Relations Committee. Section 5. All resolutions and parts of resolutions in, confl ict herewith are hereby repealed to the extent of the conflict only. Sect ion 6. If. any. word, phrase, clause, s.entence, paragraph, section or other part of this resolution or the appl ication thereof to any; p.erson or ci rcumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such :word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 7. The City Council officially finds, determi nes and declares, that a suffi ci ent written noti ce of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and ,that each such meeting has been. open to the pub 1 i c as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. ' , L baA '-Y'17 City Council Regular Meetings May 13, 1991 PASSED AND APPROVED this 1991. 13th day of May Voting Aye: Voting No: Absent: Abstaining: Laura C. Higley, Mayor City of West University Place ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) PASSED AND APPROVED this day of , 1991. Voting Aye: Voting No: Absent: Abstaining:! Davi d Bell amy Mayor City of Southside Place Motion was made by Councilmember Bell s seconded by Councilmember Jenkins s that City Council adopt,. Resol uti on , Number 91-08 as presented. Voting Aye: Voting No: Absent: Abstai.ning: Mayor Higley, Councilmembers Bell, Jenkins None Councilmember Watson Councilmember Redeker The resolution would be forwarded to the City of Southside Place for their Council meeting on May 14, 1991. :. \. SANITARY SEWER RENOVATION. PRIORITY'AREA' 3: 1 --' Consideration was given to the following submitted by George M. Construction Company, Inc: (a) Monthly Estimate No. 12 in the ameunt of $122,767.28 for work performed March 26 through Apri 1 25, 1991 on the sanitary sewer renovation project in Priority Area 3; and ~.lU City Council Regular Meeting, May 13, 1991 {b) Change Order No.4 for breaking, excavating, hauling and di spos i ng of extra concrete pavement removed to repa i r streets and the extension of 60 calendar days to the contract. Motion was made by Counci lmember Redeker, seconded by Counci 1- member Bell, that City Council approve for payment George M. Construction Company Monthly Estimate No. 12 and approve Change Order No. 4 as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson WATER LINE REPLACEMENT: WESTPOINT, ACADEMY, AMHERST AND BISSONNET: Consideration was given to Monthly Estimate No. 1 in the amount of $56,186.23 submitted by Reliance Construction, Inc., for work performed April 1 through April 30, 1991 on the water line replacement project. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that Monthly Estimate No. 1 in the amount of $56,186.23 submitted by Reliance Construction, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson I L SANITARY SEWER REPLACEMENT, PRIORITY AREA 2: Consideration was given to Monthly Estimate No. 2 in the amount of $18,522.00 submitted by Whitelak, Inc., for work performed April 1 through April 30, 1991, on the sanitary sewer replacement project in Priority, Area 2. Motion was made by Councilmember Redeker, seconded by Councilmember Jenkins, that City Council approve for payment Monthly Estimate No. 2 in the amount of $18,522.00 submitted, by Whitelak, Inc, for work performed April 1 through April 30, 1991, on the sanitary sewer replacement project in Priority Area 2. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson ii.J Jl ~ City Council Regular Meeting, May 13, 1991 ENGINEERING SERVICES FOR UTTLITYRELATED PROJECTS: Consideration was given to the invoices totaling $14,727.47 submitted by Langford' Engineering Inc., for engineering services for the following projects: (a) Invoice No. 6431 in' the amount of $2,305.90 for 1011 Sanitary Sewer Replacement in Easement of Emory and South Judson (Priority Area 2); (b) Invoice No. 6432 in the amount .of $2,392.91 for Surface Water Line to Milton Street; (c) Invoice No. 6433 in the amount of $4,447.56 for Priority Area 3 Sanitary Sewer Renovation; , (d) Invoice No. 6435 in the amount of $1,022.97 for Priority Area 2-B Water Replacement Project;' and (e) Invoice No. 6436 'in the- amount of $4,558.13 for Wakeforest Water Plant Expansion. l J , Motion was made by Councilmember Redeker, seconded by Council- member Jenkins" tha.tthe' invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Higley, Counci lmembers Bell, Jenkins, Redeker None Councilmember Watson . I;" , I' ENGINEERING SERVICES FOR PAVEMENlREHABILITATION OF RICE BOULEVARD: Consideration was given to Invoice No. 6434 in the amount of $5,404.56 submitted by Langford Engineering Inc., for engineering services in conjunction with the 'improvements to Rice Boulevard. Motion was made by Councilmember Redeker, seconded, by Council- member Jenkins, that Invoice No. 6434 in the amount of $5,404.56 submitted by Langford Engineering Inc., be approved for payment. Voting Aye: 'Mayor Higley,c"C-ouncilmembersBell' Jenkins, Redeker Voting No: None Absent: Councilmember Watson PURCHASE OF POLICE VEHICLES: I.,. , :-. '; 1" l Consideration was given to the invoice in the amount of $25,499.06 submitted by Lone Star Ford for del ivery of two 1991 Ford Taurus police cars. ".' ;" Moti on was made by Councilmeinber Redeker, seconded by Counci 1- member Jenkins. that City Council approve for payment the invoice ~.l~ City Council Regular Meeting, May 13, 1991 in the amount of $25,499.06, submitted by Lone Star Ford for delivery of police vehicles. Voting Aye: Mayor Higley:, Cou,nctlmembers Bell, Jenkins, Redeker Voting No: None Absent: Councilmember Watson TENNIS COURT RESURFACING: \ I, , , ) Consideration was given to staff's recommendation fer award of contract to resurface thetennis,~ourts at Colonial Park. Staff recommended the contract Austin Tennis Unlimiteds in the includes $5,770.00 for court insta:ll ati.on of newMi ndscreens., be, awarded to the low bidder, total amount of $8,090.00 which resurfacing and $2,320.00 for Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council, accept staff's recommendation and award the contract for tennis court resurfacing to the low bidder, Austin Tennis Unlimited, in amount of $8,090.00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,~enkins, Redeker None Councilmember Watson " AUCTION OF CITY EQUIPMENT: . ";1 ,. j Consideration was given to authorize staff to ,submit the 1980 Vactor iTrutk and the 1983.Elgin Street Sweeper for public auction. Motion was made byCouncilmember. Redeker, seconded by Council- member Jenkins, that City Council aU,thorize staff to submit the 1980 Vactor Truck and the 1983 El gi n Street Sweeper for pub 1 i c auction. Voting Aye: ' Mayor Higley, ,Councilmembers Bell, Jenkins, Redeker Voting No: None Absent: Councilmember Watson LEGAL SERVICES: Consideration was given to the invoice in the amount of $2,256.52 submitted for legal services provided on the city's behalf for the month of April 1991. Motion was made by Councilmember Redeker! seconded by Council- r member Jenkins, that City Council approve for payment the invoice l in the amount of $2,256.52 for legal services provided for April , 1991. ~..I:d City Council Regular Meeting, May IJ, 1991 J Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson CITY COUNCIL MEETING MINUTES: , Consideration was given to the minutes of the following city council meetings: 1" (a) Regular CityCouncil'Meeting or:lApril 22, 1991; (b) City Council Workshop Session on April 22,.1991; (c) City Council Special Session on April 29, 1991; and (d) City Council Special Session on May 6, 1991. . Motion was made Councilmember Bell, secended byCouncilmember Redeker, that the minutes be approved as submitted. Voting Aye: ,Mayor Higley,/Councilmembers Redeker None ',) Councilmember Watson 'Bell, Jenkins, ] Voting No: Absent: COMMENTS OF OUTGOING COUNCILMEMBERS:. Councilmember Bell stated he had enjoyed working wi,th the members of City Counci land, staff. He encouraged the new City Council to continue with the infrastructure improvements. This City Council did a lot to improve the park space and quality of life in the G ity and he hoped itwou 1 d conti nue..Counc i 1 member Be 11 thanked the committees and boards who worked for the ,Ci ty Counci 1 and thanked staff for their work. l ~I Councilmember Redeker congratulated the new City Council. Everyone won the the II Amed canl1i way: at the po]l $. i Counci 1 member Redeker thanked staff and tho.se serving on committees, for their work. Counci 1 member Redeker urged the new cCjty, "Coul1ci 1 to keep people involved in the city activities. This City Council was not in a time frame fora bond issue to finance sanitary sewer and water 1 ine improvements. and therefOJ7e, had time to help improve the IIhuman infrastructurell through acquisition of p,ark space and beautification projects. Courici lmember Jenkins: comme,ntedthe 1 as.t two, years were the fastest years of his life. He .thanked the citizens for allowing him to 'serv,ethem. _ :He was 1l0no:red ,to~;t)e able .to serve on City Council . ! . ~ j Mayor Higley thanked ,all for a, special two years. She thanked the vo 1 unteerson boards and committees, the members of Council and ! ! ~.lq City Council Regular Meeting, May 13, 1991 city staff. Mayor :Hi,gley congratuJated the new City Counci 1 and wished them two good years. At this time Mayor Higley and .Gou.ncilmembers Bell, Jenkins and Redeker left the council table. INSTALLATION OF NEW CITY COUNCIL MEMBERS: The Honorable Mike Schneider, Di stri ctJudge" 157 District Court, Harris County, Texas administered the Oath of Office to Whitt F. Johnson for the office of Mayor. Judge Schneider administered the Oath of 'Office to each newly elected City Counci lmembers: Counci ]member, Bob Ke ny, Counci lmember Cull en A. c Duke, Councilmember Jim Jenkins and Councilmember Janice H. Lang. MEETING CALLED TO ORDER: The new City Council was seated at the Council table. City Council' convened ,in regular : session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, May 13, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Duke, Jenkins, Kelly and,Lang. Also present were the City Manager, Ci ty Secretary, Ci tyAttorney, Di rector of Finance and Administration, the Fire Chief, Chief of Police, City Engineer, Deputy Director of Public Works-Utilities and the Deputy l~ Director of Public Works-General ~Services. , . COMMENTS BY INCOMING COUNCILMEMBERS: I , Mayor Johnson addressed the audience and thanked them for their support. Heintro.duced members of his family attending the ceremony. Hea 1 so introduced former city employees who were preSent. Councilmember Kelly thanked the people who worked to help him get elected and thanked hi sfamily for their support. He supports a very open government and encouraged residents to relay their concerns. to the members of City Council. Councilmember Kelly introduced his family. Councilmember Duke' thanked those who worked to help him get elected. He appredated their. support. Councilmember Duke introduced his wife. Councilmember Jenkins stated he looked forward to serving the residents for another two years: and also expressed his appreciation for those who supported his re-election. Councilmember Jenkins introduced his wife and daughter. Councilmem~er Lang expressed her appreciation for those who helped I her get elected. She found the campaign process very enjoyable l and felt she learned a lot;, from: talking to the citizens. Councilmember Lang reviewed items she would like to see addressed ~ .l. ~. City Council Regular Meeting, May 13, 1991 duri ng her term of o'ffi ce. Counci 1 member Lang introduced her two sons. ' ELECTION OF MAYOR PRO TEM: Consideration was given to, 'the election of a Mayor Pro Tem. Motion was made by Councilmember Jenkins, seconded by Council- member Duke, that Councilmember ,Bob Kelly be electe.d Mayor Pro Tem. Voting Aye: Voting No: Absent: Mayor Johnson~ Councilmembers Duke, Jenkins, Kelly, Lang None None HEARING OF RESIDENTS: '" Mayor Johnson recognized Bob Whitman, 4103 Milton, who submitted a 1 i st of items of concern'to him. MATTERS RELATING TO PUBLIC HEARING: ] Consideration was given to Ordinance Number 140'0; AN ORDINANCE REPEALING ORDINANCE NUMBER 1398, WHICH ORDINANCE CALLED A JOINT PUBLIC, HEARING BEFORE THE ZONING & PLANNING COMMISSION AND THE CITY GOUNCIL IN RELATION TO. THE ZONING. ORDI.NANCE OF THE CITY; CANCELLING SAID JOINT:PUBLIC HEARING; CONTAINING 'FINDINGS AND PROVI'SIONSRELATING, TO :THE ,SUBJECT ANDIDEClARING AN EMERGENCY. Ordinance Number 1398 ,ca,lled a 'joint publ ic hearing to be held on May 28, 1991, before the Zoni ng and Pl anni ng Commi ss i on and the City Council. The purpose of the public heaY'ing was to provide an opportunity for parties in interest and citizens to be heard in relation to the following: ~ j , , , a proposal to~ change the. zoni ng , di stri ct for those portions of building sites in the block ,bounded by Plumb Street, Lake Street and Tangley Street which adjoin Lake ,street and which are now included in the Commercial District from C (Commercial District) to SF (Single-Family District). , I (cAY 11 (B) to create a separate single family residential zoning district to be known as IISF-211 which shall include all propertY now a part of Pemberton Addition (an .area bounded by the south side of University Boulevard, the west side of Kirby Drive, the north side,of Centenary Street and the east side of Wakeforest Street). The new SF.,.2 dtstrict shall have the same restrictions as set forth in current Section 7-100 of the City ,'of West University Place Zoning Ordinance, with the exception that the Section on Site Criteria/Dimensions shall state thefollowingJ: IIDimensionsll. : 'Each',bui lding. site must ..have ;~t,least one of the following sets of criteria: ~J.O City Council Regular Meetin'g', May 13, 19S1:' (1) It has a minimum'width of 75 feet, a mln)mUm depth of 105 feet and a minimum total area of 7,875 feet; or (2) It: (x) was improved ,with a principal building completely on that site, which principal building was in exi stence on [date, of enactment] and there was no need to use anyadditiQna.l land adjacent to the building site,(xx) has a minimum width of 50 feet and minimum total area of 5,000 square feet and (xxx) was created by a subdivision plat and not divided thereafter, except to' provide publ tc .. right-of-way, accommodate physical encroachments or as specifically allowed by Article 5. i Mayor Johnson suggested the publiC ,hearing be postponed until such time as the new City Council could be better informed on the issues in question. Mayor Johnson recognized those in the audience who wished to comment. Bernie Minard, 2639 Pembertoo, expressed his concern over the changing nature of building in Pemberton Addition which he did not think was consistent with the intentions of the' original developers. Mr. Minard was concerned over a delay in holding the public hearing. ' ii _; Gordon Smi th, 2640 Barbara'. Lane, urged Counc il to move ahead on the public hearing. He called. City. Council's attention to the fact. tMt95% of the: ,neighbors .s'igned.a petition in favor of creating a newsingle-familYire'sidenUal dis,trict in Pemberton Addition. Only 2% were opposed and 3%'were undecided. Peter Powell, 2606 Caro li na WaY'" expressed hi s concern over delaying the publ ic hearing',- , i City Attorney Jim Dougherty advised Council that should they wish to' proceed and hold the joint public hearing they needed to take no action on the proposed Ordinance Number 1400,which would cancel the public heari'ng. ; Ordinance ' Number'1398 remain ,in full effect. Mayor Johnson recommended ~and Cpunci 1 concurred, that no action be taken on Ordinance Number 1400 and, therefore, to proceed with the:May 28, '1991, publ ic hearing. " AUTHORIZING SIGNATURES ON CHECKS DRAWN ON DEPOSITORY: Consideration was given. to Resolution 91-09 which was presented and read', as fo 11 ows : RESO~UTION NUMBER, 91~09 WHEREAS, a city election :was ,h~lQ on the fourth day of May, 1991, in the City of West University Place, Texas, for the purpose of electing a Mayor, and four members of the City Council; and ;t;;;i.1 , City Council Regular Meetin~, May 13, 1991 ] WHEREAS, the votes cast at, the election on May 4, 1991, were canvassed by members of the City Counci lon the date of May 6, 1991, and it was determined that Whitt F. Johnson had been duly elected Mayor and tha't Bob Kelly, Jim Jenki ns, Jani ce H. Lang and Cull en A. Duke had been duly elected Councilmembers of the City of West University Place, Texas; and WHEREAS, in special ceremonies of the City Council held at the West University Place Council Chambers on May 13, 1991, each of the above named persons were administered the Oath of Office and duly installed to their respective elected positions; and WHEREAS, upon proper motion and second, Councilmember Bob Kelly was elected Mayor Pro Tem of the City of West University Place, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Mayor Johnson and Mayor Pro Tem Kelly be, and they are hereby,';,'desi,gnated' and authori,zed to ,sign 'or countersign checks drawn. on all banks or financial institutions serving as depository for funds of the.City of West University Place, Texas, and any banks or financial institutions which may" be hereafter deSignated as depository of city funds during the' term of their office. Section 2. Be it further resolved that the City Treasurer be, and she is hereby directed, to furni sheach depository ,bank or financial institution with which the city has funds on deposit,Or\'itth'whichthe ,lCity ,may transact any banki ng bus iness, a true and correct copy of this R~solution. . Section 4. All resolutions and, partsQf resolutions in confl i ct herewi th . ar,e hereby repealed to the extent of the conflict only. Sect ion 5. If any word, phrase, clause, sentence, paragraph, section pr other part of this resolution or the application thereof' to, any, person or circumstance, shall ever be held to be invalid or, unconstitutional oy-,any court o.f competent juri-sdiction, the "remainder of this resolution and the'applicationiof sueh wOrd, phrase, clause,:'sentence, paragraph, section or, other"part 'of' this resolution to any o'ther . persons orcirc'umstances shall", not be affected thereby. Section 6. The CityCQuncil officially finds, determines and declares that asuffi cient written notice of the date, hour, place and subject of each meeting at which this resolution was' discussed, .considered or. acted upon was given in' the manner' required, 'by the Open Meetings law, TEX. ' REV. CIV. STAT. ANN. art. ' 6252-17, as amended, and that ea.ch such meeting has been open to the publ ic as required' by law at all. times ,during' such; :d-iscussion, consideration and a'cti,on.:', The, ,I; City 'Council ratifies, approves ,and confirms such notices and the contents and posting thereof. ] l ~l.~ City Council Regular Meeting" May 13,,; 1991- , Voting Aye: Voting No: Absent: Whitt: F. John~on, Mayor ATTEST: ' Approve,d as to Form: Audrey Nichols City Secretary. (SEAL) James L., Dougherty, Jr. City Attorney , , Motion was made by Councilm~mber ,Kelly, seconded by Councilmember Lang, that Resol uti on Number 91':'09 be adopted as presented and read. Voting Aye: Voti:ng No: Absent: Mayor Johnson, Jenkins, Lang" None ~one' Councilmembers Kelly, Duke, MATTERS RELATING TO REDISTRICTING: Consideration was given to Resolution Number 91-10 which was presented and read , as follows: CITY OF WEST UNIVERSITY PLACE, TEXAS RESOLUTJON NUMBER 91-10 A RESOLUTION CALLING UPON THE ELECTED REPRESENTATIVES OF THE CITY OF WEST UNIVERSITY PLACE TO ADOPT REDISTRICTIN&LEGISLATION THAT PROVIDES FOR FAIR AND ADEQUATE REPRESENTATION OF THE C1T1ZENSOF THE CITY OF WEST UNIVERSITY PLACE AND THE INCLUSION ,OF: THE ,C1TI,zENS OF THE CITY OF WEST UNIVERSITY PLACE IN A SINGLE LEGISLATIVE AND SENATORIAL DISTRICT. WHEREAS, the recently completed 1990 decennial census in the United States mandates. the' consideration by the elected officials in the State of Texas of redistricting legislation; and WHEREAS, the City of: West, University Place. is a city homogeneous in nature and is structured in such a way that residents, citizens and inhabitants of the City share common and significant political goals and aspirations [ [ [ ........J!..'lJ City Council Regular Meeting, May 13, 1991: J which may be unlike to those of persons living in other localities; and ..' WHEREAS~it is critical for the 'proposed districts to keep the communities of interest intact (communities such as that of West University P'lace,' SouthsidePlaceand Bellaire), to keep districts reasonably compact, to'respect the integrity of geographical and, political boundaries including those of enclave. cities and county lines; and WHEREAS, there are strong and persuasive reasons to maintain the present district alignment in the City of West Univer,sity Place, to wit.~ a single '.representativedistrict and a single senatorial. district in which all of the residents, citizens and inhabitants of the city of West University Place may be properly districted;and WHEREAS, any attempt. :to carve up or other-wi se reapportion the present districts with the City of West University Place: would to a great extent be injurious to the City of West University Place; and WHEREAS it is important' that. the residents, citizens and inhabitants of the City of West, University' Place clearly and,immecliate,ly .state thetr 'preference' on this all important issue; NOW, THEREFORE, ' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That all elected' representatives of the City of West University Place be called upon immediately to take such action as shall be necessary to insure the continuity of the present distrtcting scheme and the inclusion of the voting residents of the City of West University Place within asingl,e senatorial and a single representative district~: .' Section 2. That the City Council strongly' supports the grouping of the enclave cities of West University Place, Southside Place and Bellaire because of their common interests, business trade areas, and:similar'voting patterns. " '~" Section 3. That, th'e Mayor and the City Secretary of the City of West University Place be authorized:" 'and directed to prepare a certified copy of this Resolution with, an appropriate seal. of the City of West University Place and have the same~ duly transmitted to the elected representatives of the City of West University Place with an '(rrgent request that they take such acUon as deemed necessary and des,i rab le. :to' preserve the. present 'po 1 Hi ca 1 configuration of the City of West University Place and to resist the implementation of any program which might result in the carving andjor segmenting of the popu],ation of the City of West University "Plaee::in any district alignment other than a single representative',andjor single 'senatorial district. Section 4. All resolutions and parts of resolutions in confl i ct herewi th are hereby repealed to the extent of the conflict only. J l ~~u City Council Regular Meeting; May 13, 1991 Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution: or the appl i cationthere.of to ,any 'person, or c,ircums tance , shall ever be held to beinva.lid or unconstitutional by 'any! court of competentj,urisdi ct'i 01'1', the, remai nder of thi s reso 1 u,ti on and the application of such word,phrase, clause, ~~ntence~ paragraph~ section orotherpa,rt' of this reso,lution to' any other persons or 'circumstances :,sha 11 not be' affected thereby. , 'Section 6. The' City. .CounciJ officially finds, , determi nesand dec 1 a re,sthata .suffi c i ent.wri tten notice: of the date, hour~ place and~ubject ~feach meeting ,at which this resolution was discussed, considered or 'acted upon was given in ,the. manner ,requ;,re(ii,' by<,the Open, Meetings Law, TEX. REV ~ CIV. STAT. ANN. art.: 6252-17; ':as:amended, and that each such meet i ng, has been open to the public. as reqUired by law at ,iall times during ;such discussi:on, consideration and action.' ..The City Council ,ratifies, approves, and confirms' such notices and the, " contents and posting ,thereof. PASSED AND, APPROVED thi s, the, May ,1991. [ Utb day of - ". .~, ., '., Voting Aye: Voting No: Absent: Signed: [ i . ". Whitt F. Johnson~ Mayor ATTEST: ' Audrey Nichols City Secretary (SEAL) Approved as to Form: I . James L. Dougherty, Jr. , Ci ty :Attorney , Motion was made by Councilmember: Jenkins, seconded by Council- me~ber Duke, that Resolution Number 91-10 be adopted as presented and re'ad.' Voting Aye: Voting' No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None [ 8iiiI~_L City Council Regular Meeting, May 13, 1991 MATTERS RELATING TO ORIENTATioN AND WORKSHOP SESSIONS: After discussion, City Council agreed to hold a workshop meeting on Monday, May 20, 1991, at 6:30 p.m. STAFF REPORT: City Manager Mike Tanner had nothing further for Council1s consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember-,Jenkins, seconded by Council- member Duke, that the regular session adjourn. Such motion carried and the regular session was adjourned at 8:53 p.m. Laura C. Higley Mayor ] ._ I.' , ---, I J ~~~ CITYCOUNCILWORK$~OP SESSION ., , .. MONDAY, MAY 20, 1991 ~UNICIPAL BUILDING 3aOO, U,N IVERS ITY ,BLVD. 6:30 P.M. **************************************** City Council convened in workshop s,ession in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, May 20, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins and Lang. " MATTERS RELATING TO PERSONNEL:1, "I' , :':"" , Mayor Johnson, :re.cess.ed ,.;the.workshop s.ess i on to go into a closed executive session as authorized by the Open Meetin'g Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(g): Discussion of Personnel Generally (all positions). At 10:05 p.m., Mayor Johnson reconvened the workshop session. , " ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Lang, seconded by Councilmember [-, Duke. that the workshop session adjourn; Such motion carried and the workshop session was adjourned at 10:08 p.m. Audrey Nichols City Secretary [ ..."""'u JOINT PUBLIC HEARING BEFORE ZONING AND PLANNING COMMISSION AND CITY COUNCIL TUESDAY," MAY'28, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD 7:00'P.M. ***************************************************~********** The Zoning and Planning Commiss.ion'and the' City Council, of the City of West University Place, Texas, convened! in: Joint Public Hearing at the Municipal Building, 3800 University Boulevard, in the City of West University Place, Texas, on Tuesday,~ May 28, 1991:,at 7:00 p.m., with the following members of City Council' present: Mayor Whitt F. Johnson Councilmember Cullen A. Duke Counci 1 member Janice' H.. Lang' Mayor Pro TemBdbKelly Councilmember Jim Jenkins J .' with the following absent: none,:ttlus const,ituting a quorum; and with the following members of, the Zoning and Planning. Commission present: ., Chairman Reid C. Wilson Commissioner Bonnie T. Holmes Commissioner Susan Rachlin Vice Chairman George Ruhl~n Commissioner Frank Billings Commissioner Ralph Stivison with the fOll owi og absen't':; Rbbert Lindsey (resigned) , thus constituting a quorum. Staff members present were: Mi ke Tanner, Ci tyMa'nager Audrey Nichols, City- Secretary James L. Dougherty, Jr., City Attor'ney' William A. Olson, Jr., Special Counsel Brent Sherrod, City Engi'neer1 t..f ", l I ~ Mayor Johnson convened the. pub 1 i C' heaping and Associate Pastor of West University" United Methodist 'Ohurth~, Charlie Hall, delivered the 'invocation. CouncilmemberLangled the Allegiance to the Flag. Mayor Johnson called attention to a letter on file with the city from theCi ty Attorney Jim Dougher-ty',. who is, a resident of the Pemberton Addition. ' The letter states he. will abstain from a'ny discussion or decision on 'any ordlnance"pertaining to i Pemberton ,Addition. Mr. Dougherty would be involved in the ordinance which concerns the proposed rezoning of'Lak'e' Street'. Knowing, the Jim .Dougherty woul d not be available, the prior administration entered into a Letter of Agreement with Olson & Olson,Attorneys at Law. Mr. William A. Olson, Jr." was' present- to represent the city .i:n the Pemberton Addition proposed rei~ning.: ' ~~4 Joint Public Hearing before City Council and Zoning & Planning Commission, May 28, 1991 Ordi nance Number 1398, enact~d by th~" pri or Ci ty Counc i 1 on Apri 1 29, 1991, called this publi,c hearing ,(to hear comments and questions relevant to the zoning of " th,e"P,ernbertpn Addition and Lake Street . between Tangley Street and Pl umb, Street. Mayor Johnson announced that thi s Ci ty Counci 1 adopts and approves the call i ng of the pub 1 i c heari ng for the resolution of the two zoning issues. These matters are to be resolved based on the information received from property owners, interested perspnsanda' recommendation from the Zoning and Planning Commission.,. ' '. .1 One of the problems of 10l1g standing i s, r~fe~red t() as the Lake Street property. , It can beresolv~d, by th~:City Council with Zoning and Planning Commission's recommendation without much time delay and , without much de 1 i beration. The City Council members became aware,o:fi a pressing need 1;.0 resolve the zoning questions in the Pemberton Addition after taking office on May 13. The City Counc il will 1 fsten tp" th.e, input from the residents of Pemberton and interested citizens. The Zoning and Planning Commission will make a recommendation to Council on Pemberton Addition which will enable the Council to act on that question. At th,is time, Mayor Johnson turned over the Joint Public Hearing to ReidWilsonrl , I I L Mr. WilSon explained that the purpose of the public hearing was to provide ,an ,opportunity, for, parties in interest and citizens to be heard in relation to the following: (A) a proposal to change the zoni ng di stri ct for those porti ons of building sites in the block bounded by Plumb Street, Lake Street and Tangley Street whic~ adjoin Lake Street and which are now included in, th.e Commercial District from C (Commercial District) to SF (Single-Family District). to create a separate single family residential zoning district to be known as IISF-211 which shall include all property now a part of. Pemberton Addition (an area bounded by. the south side of University Boulevard, the 'west side of Kirby Drive, the north side of Centenary Street and the east side of Wakeforest Street). The new SF-2 district shall have the same restrictions as set forth in current Section 7-100 of the City of West Untversity Place Zoning Ordinance, with the exception ~hat the Section on Site Criteria/Dimensions sh(!.l1 stat~ the following: IIDimensionsll. Each, building site must have at least one of' the following sets of criteria: (1) It has a minimum, width of 75 feet, a minimum depth of 105 feet and a minimum total area of 7,875 feet; or l (B) i:fi ~~ Joint Public Hearing before City Council and Zoning & Planning Commission, May 28, 1991 l -.J (2) It: (x) was improved with a principal building cempletely on that site, which principal building was in existence on [date of enactment] and there was no need to use any additional land adjacent to the buildfng site, (xx) has a minimum width of 50 feet and minimum tota la rea of 5, 000 square feet and (xxx) was created by a subdivision plat and not divided thereafter, except to provide public right-of-way, accommodate physical encroachments or as specifically allowed by Article 5. Mr. Wilson reported the hearing was mandated by State Law as well as by the ordinances of the Cityiof West University Place at any time there was a requested or proposed' rezoning. Tonight two areas of the city are subjects for consideration. The first area was the Pemberton Addition, which boundaries are from Kirby to Wakeforest, from the south side of University Blvd. to the north side of Centenary. The second issue was to rezone 1 otsi n a portion of Preston Place addition on Lake Street between Plumb and Tangley on the east side of Lake which are currently two' different things. They are zoned res i dent i al and commerc i a 1 . The proposa 1 is to rezone ita 11 residential. -, I J The public hearing process is an opportunity for citizens to be heard for input to the Zoning and Planning Commission and to the City Counci 1. ' '; Reid Wilson welcom~d those in attendance and introduced the members of City Council, Zoning and Planning Commission and city staff~ Ordi nance Number' 1398 was enacted' by tl:Je Ci ty C0unc i 1 and ca lled for certain notice,'to be provided' for: the','hearing. That~ notice consisted of a mailing to people within the Pemberton Addition and withi'n 200 feet of the Pemberton Additi on -and also to pe,op 1 e on Lake Street and within 200 feet of the affected lots on Lake Street. Also the 'ordinance called for' certai.npubl ications and .G:ertain posting of notices. Mr. Wilson asked the ,City. Secretary, 'Audrey Niaholsis,and the City Eilgi neer, Brent Sherrod,i fthe appropriate 'noti ces were given in accordance with Ordinance' No. 1398. Ms. Nichols and Mr. Sherrod ,responded affirmatively. I I ! Forms for written statements were available on: the table outside the Council Chamber if anyone woul d 1 i ke to make a written comment and submit that rather than making an oral statement before the Commission and City Council. Speaking procedures were establ ished with a sign-in sheet. If anyone wished to speak, they were requested to sign the sheet. Each speaker was asked to step forward and sit at the microphone to make his comments. Each speaker was allowed three minutes. If there were ~~U Joint Public Hearing before City Council and Zoning & Planning Commission, May 28, 1991 additional comments which could not be covered in the first three minutes, time would be allotted later in the hearing for those additional comments' after each speaker has been allowed the initial three minutes each. [ Mr. Wilson announced that after this public hearing, the Zoning and Planning Commission would have.aspec.ia] meeting to consider the input received at the hearing. The meeting would be open to the publ ic and would be held immediately after the, publiC hearing in the Conference Room to consider the Commission's recommendation to the City Council. The Council. will receive a final report from the Commission as to its recommendations on the two issues. The City Council has scheduled a meeting for tomorrow, Wednesday,.. May 29, 1991, and will be prepared to consider the issues that are before the public hearing tonight. After the final recommendation is submitted to the City Council, they will consider adopting an ordinance which is required to be read twice at two regular council meetings. Previously, a recommendation was made by the Commission' to consider rezoning the. area behind Plumb and Tangley) which fronts on Kirby Drive. public hearing agenda for tonight. Background on the Pemberton Addition was reported by Mr. Wilson. In January 1991, a developer acquired a house on the southwest corner of Barbara Lane and Ki rby. The house was bui 1 t on 3 1/2 lots. These were individually platted ,lots. "The. house was torn down and the developer proposed to bu i 1 d three new houses on the lots. The res i dents of Pemberton Addition came to the Zoning & Planning Commission requesting some consideration be given to retain the initial development character of Pemberton. The Zoning. .and Planning Commission received information from the residents that the majority of the houses were developed on more than one 1 ot . ,The platted lots are about 50 feet wide. After investigation of the area, the Zoning and Planning Commission determined that a number .,of the houses were built on more than one lot. A number of residents felt that the history of Pemberton development should be maintained. The residents submitted a petition requesting the Pemberton Addition be maintained by requiring that whenever there was a large building site it be maintained instead of reverting to a50 foot subdivision site. That is the basis of the recommendation from the Zoning and Planning Commission which is to create a new residential district. All of the single-family criteria will apply to the' Pemberton Addition with the exception of the site criteri-a which will specifically affect the width requi rements in Pemberton.. The Zoning and Planni ng Commi ss i on felt that to be a reasonable solution to the request. Zoning and Planning Lake Street (between Thi s i snot on the [ Mr. Wilson opened the hearing to those who wished to speak. Jean Boehm, 2620 Barbara Lane, ,spoke in favor of the Pemberton Addition rezoning. She would like to see the homesites remain the size they are or at least 75 feet in width. [ &U;;,,J fJ Joint Public Hearing before City Council and Zoning & Planning Commission, May 28, 1991 Duke Landry , 3756 Rice, spoke in favor of rezoning Pemberton Addition. Al Shire, 2615 Barbara Lane, spoke in favor of rezoning Pemberton Additi on. However, Mr. Shi re thought it wou 1 d be unfair to Mi chae 1 Bates, who bought the one building site and proposed to build three houses (and the prospective purchasers of the three lots), to make the ordinance retroactive. M~. Shire expressed no objections to the three houses to be built next door to him. Peter Powell, 2606 Carolina Way, lives behind the Bates property. Mr. Powell spoke in favor of the proposed creation of a new zoning district for Pemberton Addition. He thought building on each platted lot ~ather than on existing building sites would be a detriment to the value of his property. l -..J Bill Bomar, 2611 Carolina, explained he owned three lots plus 15 feet or 165 feet of property. There are three houses di rectly across the street from him which sit on probably 175 feet. of property. Mr. Bomar stated he had no intention of doing anything if he ever sold the house other than to sell it with the hope that it would remain one building site. However, we already have lots of houses on lots of property in this area. Mr. Bomar wished to know how many pieces of property would be affected by this ordinance. l~e A response was from the audience ,(Gordon Smith) stated there were 16 building sites that would be affected. Mr. Bomar would like to see' Pemberton stay the way the rest of the' city is. It would never be his intention to sel,lhis property to a. developer ,to build, three houses on it. But, if some catastrophe happened to him, he might change his mind. He did not think it would be good business for him to support the ordinance in light of the circumstances. Teresa Fogler:,; 3610 Sunset"tookexception tOe, the. idea: that there are 'not other:sections of,the city like Pemberton. .She thoug~t that there' are 'more homes in her neighborhood: on lots wi der:tha,J} 5,0 feet than there are homes: on 50 foot wide, lots. Mrs. Fogler would like to see the same protecti on for her area as what Pemberton wi 11 have if the new zoning district is created. Michael: Bates, 2611 'Barbarp: Lane, gave :the history of the property he bought i'n the Pemberton, Add-iti on. The, parti cuT ar. properrty he purchased was on the market for many months (for over a year) before he became aware of it. At that time it was explained to Mr. Bates that , 'the property consisted of three s-eparate platted ,lots a.nd a port.ion ofc. the fourth. The condition of the house did not merit 'renovation. At the time Mr. Bates made an offer to buy, he concurrentlyin,quired of the City Attorney, City Manager, Mr. Perry and Mr. Wilson to see what he needed to do to determi ne the actua 1 ma,keup~; of the. property .because Mr. Bates' was not i nteres ted in. the pr.operty if it' ,were not three individually platted; lots. Mr:. Bates was guided to the Zoning.Board of Adjustment for an advisory opinion and, to check wiith Mr. P~rry to review the applicable ordinances. Mr. Bates reported he appeared l I j ~~~ Joint Publ ic Hearing before City ~ouncil and Zoning & Planning Commission, May 28, 1991 before the Zoning Board of Adjustment, explained the facts and .what he wanted to do. Zoning Board of Adjustment's response was that,their role was to grant variances, to approve things that do not comply, and what he was requesting of them was in compliance with the ordinance. Zoning Board of Adjustment ',directed. Mr. Perry to write ,a letter stating that the property consisted' of three lots. Mr. Perry did confirm that. During all this time, no. neighbor made .any comment or expressed any concern over thepl'ans to build three houses. ,It was after Mr. Bates purchased the property and started marketing the lots that he was made aware of the petition that had been signed by the neighbprs'.' Mr. Bates advised the nej'ghbors to refer to, the deed restri'ctions' and/or redraft, the 'res,trictions and begin enforcing them. Mr. Bates felt he had 'done' everything he , could both prior to, during and after the acquisition of this property to make sure that it was three lots and complied with all the ordinances. [ Mr. ,Wilson responded and explained that the recommendation made by the Zoning and Planning Commission, did, .not explicitly address the, Bates property,. but the proposed 'ordinancewoul d not have any impact on those three lots since it appeared there were already separate. IIbuilding sitesll at the current time~ ' Special Counsel Bill Olson expl ai,neqthe proposal that was before this meeting would not change .the zoning ordinance for. the [ determination of what is a building site. It is clear that the proposed ordinance, as itis written~does not go into affect until ten . days after its publication. These three ,lots would not ,be affected by the proposed change 4f1 ~~e Fes4EleflUa:j. El4s~F4e~ to Pemberton Addition~ Reid Wilson explained that Zoning Ordinance Section 5-101 states that when there is a situation where there is nothing on a piece of property, the J3FeJ3eF~Y'.' ubui 1 di ng' sHeil defaulted, to what was platted. Section, 12-102 , of . the' Zomng urdinance deals with prior nonconformitiesand would apply,to' any change to the zoning ordinance in the future. He did not believe there was any way the, proposed new zoning district would have:anyimpact on the particular property on Barbara Lane owned by Mr. Bates. Kyle Pentecost, 2606 Ceritenary, expressed' his opposition to the change in the Pemberton Addition because he thought it would affect more than that subdivision. Mr. Pentecost suggested regulations should be accomplished through deed restrictions to protect the size. of the lots. The value of the buildi,ng sites was greater if the lots can be divided and he thought it could be ,more fairly accomplished through deed restrictions. Gordon Smith, 2640 Barbara Lane, was in favor of the Bates property being. divided into two building sites, but not three. Mr. Smith [ reported that the petition requesting the zoning change was signed by.. 95% [75%?] of the neighbors. ~.(dV Joint Public Hearing before City Council and Zoning & Planning Commission, May 28, 1991 'Susan Hawkins, 2735 CarolinaWay~ reported there were two separate efforts on the part of the neighbors. and two separate petitions submitted. There was an overwhelming majority of Pemberton Addition in favor of the rezoning. . ..'. .. """ I I I I .-J Chuck Gi 11 an, 3620 Georgetown" suggested I, that for the good of the city, and in the immediate area where these properties are located, it would help to have some space, between the houses. Lou Ba i 1 ey , 2740 Fenwood, 1 i ves on a 50 foot lot in Pemberton Addition, and would like clarification as to how the proposed .zoning change wi 11 affect her if she should sell her lot. Woul d she have a lot that would be. considered a ,building site. She requested that the lots which are now 50 feet in, width, be enumerated in this section so there will' be no problem when those living on 50 foot wide lots decide to sell the property. Joan Boehm, 2620 Barbara Lane, did not understand the appl ication of the deed res tri ct ions in Pemberton.' Gordon Smith exp 1 ai ned the deed restrictions expired in 1960, hut they did not speak to ,lot size. Reid Wilson explained that ,deed, restrictions .area matte,r of private contract. The city does not enforce deed restrictions because the city has zoning ordinances. The city pays attention to deed restrictions and work with surveyors and title companies to the effee~ we ape extent city staff is aware of the existance of the deed restrictions~ Councilmember Duke; 'asked if there were any other traditionally been a 50 foot building site and do on it that mi ght be affected by thi s ordi nance. lots be taken into consideration. lots now that have not have a building He suggesteq these Councilmember Kelly asked Chuck Gillan how this ordinance affected the two lots he owns. Mr. Gillan responded he would like the ordinance to provide the same protection to the rest of the city. Mr. Gi 11 an was in favor of the zoni ng change in Pemberton but not to the exclusion of the rest of the city. I Councilmember Jenkins commented that, if you assume that the property owners in Pemberton sell the sites and they get di vi ded, how many new homes would that add to the city. Gordon Smith responded approximately 35 more houses, from 176 to 240. Mayor Johnson suggested consideration be given toreplatting the entire Pemberton Addition into existing lot dimensions for filing with the city and with the county clerk. It would require a survey of each property. Bernie Minard, 2639 Pemberton, spoke in favor of the rezoning. He did not want to see the subdivision divided up into many houses and accepted written comments submitted by Jean Boehm, Pam Michna: ~-:>u Joint Public Hearing before City CounCil and Zoning & Planning' Commission, May 28~ 1991 Elizabeth Hutchins and Teresa Fogler.. Mr~Wils'on acknowledged receipt of 'the' petition' from' Pemberton resfidehts 'supporting' the proposed rezoning which has 168 signatures. ' ' Hearing no further comments or questions, Reid Wilson closed the taking of testimony for the public hear,ing. Councilmember Kelly asked Mr. Olson. if the city legally could do what was being proposed. Mr. Olson responded affirmative]y because the ordinance. has no retroactive affect. Mr'. Olson explained that what was' proposed was to' create a. 'newdi stri ct and ,apply that to Pemberton Addition;' but it could be applied to other areas 'in the city. [ W~~R Re fYF~ReF BY5~Re55 ~e ee~e BefeFe ~Re de~R~ PYB~~e WeaF~R~, Re~~ W~~5eR ~ee~aFe~ ~Re ~YB~~e ReaF~R~ a~~eYFRe~T With no further' business to come before the City Council at this ;time, motion was made' byCouncilmember Kel"ly ,seconded by Counci 1 member 'Duke, that the Publ ic Hearing adjourn. Such motion carried and the Joint Public Hearing was adjourned ,at 8:48p.m. a~~~. Audrey Ni C '1 s Ci ty Secre ry [ ~tJ..l CITY COUNCIL WORKSHOP SESSION WEDNESDAY, MAY 29. 1991 MUNICIPAL ~UILDING 3800 UNIVERSITY BLVD. 6:45 P.M. **************************************** City Council convened in workshop, session in the Municipal Building, 3800 University Boulevard,in the City of West University Place, on Wednesday, May 29, 1991, with:.thefollowing members present: , Mayor Johnson, presiding;Councilmeinbers Kelly, Duke, Jenkins and Lang., Also present were the City Manager and the Ci ty Secretary, Attorney Ed Conley and Attorney WiHiam A. Ol-son, ,Jr. ' Mayor Johnson recessed the workshop session to go into a. closed executive session as authorized by the Open Meetings Act. TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(g): . Discussion with attorney with respect to pending or contemplated litigation and settlement offers. At 7:25 p.m., Mayor Johnson reconvened the workshop session. ADJOURNMENT: J With no further business to come before City Council at this time, moti on was made by COlmcilmember Lang, seconded by Counci lmember Duke, that the workshop session ,adjourn. Such motion carried and the workshop was adjourned at T:30 p~m. '. , i,' :' " ( , I i I ~ ~u~ REGULAR CITY COUNCIL MEETING WEDNESDAY, MAY 29, 1991 MUNICIPAL ,BUILDING 3800 UNIVERSITY BLVD. ::]':30 P.M. **************************************** City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City, ,of West University Place, on Wednesday, May 29,; 1991, .withthe following .members present: Mayor Johnson,- :prestding; Councilrriember,s":Kelly, Duke, Jenkins and Lang. , Also present were the City Manager, City Secretary, Special' Ceunsel William A. Olson, Jr., Director of Finance and Administration, the Fire, Chief, and the City Engineer. Mayor Johnson delivered the invocation and Councilmember Lang led the Allegiance to; the Flag.. HEARING OF RESIDENTS: Mayor Johnson invited residents to speak who 'had matters they wished to bring to th~ attention of the City Council which had not previously been submitted tothe,City Manager. John Fafautakis, 3728 Darcus, spoke in opposition to the placement of stop signs in the city. Stop signs had recently been placed on Auden at Tangl ey and: Sunset at Mercer and he thought the stop l signs should be taken down. Mr. ,Fafautakis was invtted to contact r the Chief of Police to receive the city.s criteria used to determine the necessity for stop signs. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished to address a specific agenda item to speak at this time. Teresa Fogler, 3610 Sunset, spoke in favor of limiting the overdeveloping of large lots for the Pemberton Area. However, she was also in favor of extending that restriction to the remainder of the city. The neighborhood in which she lives has large lots and she encouraged City Council to consider enacting a.:,.similar ordinance on a city-wide basis. Michael Bates, 2611 Barbara Lane, commented that he thought the issue was now clear that the city was not dealing with a situation that would affect the lots that he owns on Barbara Lane. CHIEF APPRAISER1S REPORT: Harris County Appraisal District Chief, Jim Robinson, presented a report on the status of the valuations in the city including some projections on what the Appraisal District thinks the city.s final [ taxable values will be for 1991. The District did not feel it was .' appropriate to raise values in the city for 1991. The properties that have frontage on Buffalo Speedway have had their values J ..b4t.)u Regular Ci ty Counci 1 Meeting; May 29, 1991 lowered by 10% based 'on the amount of traffic on that street which the district determined lowered the value of the property. A few vacant lots, because of sales, were increased. Mr. Robinson explained there were two different ways for a property owner to check on his values: (i) through the city's fihance office and (ii) o~ call his office, 957-7800. The preliminary appraisal roll was delivered to the City 'on May 15. It 1 is ts the va 1 ue pl aced on each property. Based on the sa 1 es activities that the district ha's seen, the property in the city will be valued at 93% or 94% of its market value. The 1991 taxable dollars was 1.2 billion which was a 3.8% increase from 1990 and represents virtually,,'all new construction. Residential property totals 93.8%'of the city'stax base. Mr. Robinson advised property owners who wish to protest their taxes to go ahead and file before the deadline of May 30. Mr. Robinson introduced Mr. .Grissom, Deputy Chief Appraiser, who invited those havi ng problems with the accuracy of thei r tax statement to call him at 957-5649. ' May.or Johnson invited residents to direct questions to Mr. Robi nson. Mr. Robi nson answered ques ti ons as they were dl rected to him. l I I -.J ORDINANCE RELATING TO SITE DRAINAGE:; By general consent, City:;,Counctl agreed to defer cons'ideration of Ordinance No. 1400 until .thenext regular session of .City Council. ORDINANCE RELATING TO ZONING AND LAND USE: LAKE STREET: Mayor Johnson submitted the following ordinance and read the caption: ORDINAN'GE. NlJMBER, 14m ~ . ,.' AN ORDINANCE RELATING TO.ZONING AND LAND USE;. AMENDING THE ZONING ORDINANCE OFL THE CITY OF W,ESJ UNIVERSITY PLACE", TEXAS ;SO. AS TO CHANGE . :THE ZONING' DISTRICT FOR .PORTIONSOF CERTAIN BUILDING SITEjS ADJOINING LAKE 'STREET:,FROM ','CII (COMMERCIAL DISTRICT) TO .IISFII (SINGLE FAMILY DISTRICT); APPROVING AMENDMENT 10Fj THE :ZONING DISTRICT MAP TO REFLECT. SUCH CHANGE TN ~ ZONING DISTRICT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. l I I I I ..-i Copies of Ordinance Number 1401,' in the form requi red for adoption, were avajlabl~, to all members of City Council and a reasonable number of 'additional copies available to interested citizenS present. ,'" ." Before City Council for lthetr consideration was the report from the Zoning and Planning Commission, as follows: ' ~~"t: Regular City. Counci 1 Meeting, May 2.9, 1991 "Z0NING& PLANNING COMMISSION CITY OF WEST' UNIVERS,ITY PLACE, ,TEXAS May 28, 1991 [ , II . Honorab.l e Mayor and , Members of the City Council City ,of West University Place Municipal Building 3800 University Boulevard Houston; Texas 77005 ; Subject: Report of: the'Zoning &Plannfng Commission with .respect . to .a izoning ordinance amendment to a proposed change in the zoning district for those portions of. bui.lding. sites in the black boundeldby Plumb Street, Lake Street and Tangley ;Street which adjoin Lake Street and which are now included in the Commercial District .fromC (Commercial District) to SF (Single-Family District) ("proposed amendment"),acopyofwhich is attached. :1 Dear Mayor and Council Members: This report addresse~. a pending amendment to the zoning ordinance of the City of West University Place (IICity"). The current zoning ordinance was adoptedfi na lly onIDctober 12, 1987 as .Ordinance No. 1298 and was adopted and re-adopted with' amendments on March 25, 1991; this ordinance is. referred. to.. in this "report as the IIzoning ordinance". ,.', . I I l The Zoning & Planning Commission C'Z&PC") reported pre 1 imi nari ly on the proposed. amendment, and the City Council, by the adoption of Ordinance No. 1398 on April 29, 1991, called a joint .puMic hearing on this matter for Tuesday~ May 28, 1991. The ordinance calling the hearing prescribed that the hearing would be held, before the Z&PC and 'theOityCouncil, jointlY, as authorized by state law. The' ordinance also prescribed the form ofnoti ce and the manner of giving notice for' the hearing, which included not only pubHcation but lilso:mail-outnotices. The city staff reported that the noUces were.duly given as prescribed by the City Counci 1.' . Approximately fifty persons came to the May 28 hearing. Mr. Reid'C: Wilson, Chairman of theZ&PC, described the proposed amendments as well as the various " materials that were .made' ava.rilable at the hearing. There were maps illustrating the map changes at the hearing. Approximately fifteen speakers addressed the joint, publ ic hearing on this matter, bLit only one spoke in relation to [ ~u~ Regular City Council Meeting, May 29, 1991 '. ~ Lake Street. No written comments, petitions or questionS were received on the Lake Street matter. "'\ I I ~ After the hearing, the' Z&PC met' and considered the proposed amendment, the City's Comprehensive Plan, the matters presented at the hearing and the applicable laws and ordinances. The Z&PC now formally reports on the proposed amendment and recommends that.it be adopted by the Ci ty Counci 1. It appears .to the Z&PC that the' ori gi na 1 'intent of the City's zonin~ was to include all of the lots abutting Lake Street i n'the tesi denti a lly-zoned area, but that an inadvertent overlap of;. district descriptions created' a "spl it lot-" situation that this amendment would correct.: In any event, the: rear portions of the affected lots are not suitable for:'comm'erci'a:ldevelopment. But even if it were the original intent.to split the lots so that a part of each lot is res i dentia 1, and a part of each lot is commercial, conditions have' so changed in the area that it is'unreasonable'to continue'this "sp~it lot" pattern, and it 'is now appropriate to~make all of the lots abutting Lake Street completely residential, all, the way to the rear of the building sites 'affected. Among these changes are (1) the great increase in: residential> : development along Lake Street, and (2) the rehabi 1 itation of the shopping center abutting Kirby Drive behind the affected lots, which effectively precludes commercial use along Lake Street to the rear. 1 .' I __ The Z&PC respectfully submits the foregoing report and would welcome the opportunity to discuss the various amendment with the Counc'i1: i'n greater detai 1. . ; . _. Yours very truly, ~ ~! ' , I , . Zoning & Planning Commission of the ,City of West.:University ,P:lace, 'Texas . ~ . l_ By: Is/Rei d C. Wilson : Chairman"',,": .: I:, Moti on was made' by' Counci 1 member, Jenkins ~ ,:seconded by Counci 1- - member '[)uke~ that ,Ordina.nceNumbe.r . 1401 be.. accepted on first reading as presented. Voting Aye:' Mayor Johnson, Gouncilmembers Kelly, Duke, Jenkins', ,Lang, Voting No: None' Absent: None " I t _J I, . ~u'-' Regular City Council Meeting,. May 29, 1991 MATTERS RELATING TO ZONING AND LAND USE: PEMBERTON. ADDITION; , l Mayor Johnson presented Ordinance Number 1402 for Council's consi derati on. Speci al Counsel W,i 11 i am A. 01 son, Jr., read the capti on as follows: . ORDINANCLNUMBER.1402 ,AN ;ORDINANCE AMENDING THE ZONING ORDINANCE Of THE "CITY OF WEST UNIVERSITY PLACE, TEXAS9 BY ADDING A ' NEW SECTION~, 7-.100,":A TO ARTICLE, 7; CREATING A NEW SINGLE FAMILY DISTRICT, TWO (SF..2); REGULATING AND RESTRICTING THE USE ,SIZE, HEIGHT, AND DENSITY, OF ',BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES:"THE LOCATIONS AND USE OF BUILDINGS, STRUCTURES AND LAND, FOR RESIDENTIAL AND OTHER ,PURPOSES; REZONING ALL PROPERTY NOW A PART OF PEMBERTON ADDITION", AS SINGLE FAMILY DISTRICT TWO (SF-2l, AMENDING THE 'ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NUMBER ,1394 ADOPTED ON; MARCH '25, 1991; PROVIDING A PENALTY; PROVIDING ,.FOR,', SEVERABILITY; ;, AND CONTAINING OTHER PROVISIONS, RELATING TO THE SUBJECT. , Copies of Ordinance" Number 1402,.. in the form required for l- adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens 'present~ Michael Bates thought that at one point consideration was given by the Zoning 'and Planning Commission to a specific exhibit to the ordinance that would itemize or set out a list of the building sites in the Pemberton Addition. , , Mr. Olson explained ' that the' recommendation of the Zoning and Planning Commission was that Council consider directing staff to prepare administratively an indication of all existing building sites in the Pemberton'Additi'on, but it not be made a part of the ordinance. Mayor Johnson presented and n~ild the report from the Zoning and Planning Commission relative to ,Pemberton Addition, as follows: "Z0NING.& PLANNING. COMMISSION CITY OF WEST,UNIVERSITV PLAC"E, TEXAS May 29, 1991 Honorable Mayor and Members of the City Council City of West University Place Municipal Building [ Regular City Council Meeting, May 29, 1991 """''<Ji' .. 3800 University Boulevard' Houston~ Texas 77005 Subject: final Recommendation.. SF-2 Designation At the Zoning and .Planning Commission's meeting, May 28,' 1991, the Zoning & Planning Commission considered the input received at the Joint Public Hearing held that' date on the preliminary ,recommendati'on"of the Zoning & Planning Commission :'that a new SF zoning classification' be created and,' applied to Pemberton Addition. ' After discussion, the Zoning & Planning Commission made the 'following final recommendation to City Counci 1: 1.. 2. 3. -, 4. I i i I J 5. A new ISF-2" district be created. All SF' conditions apply but building site dimens ions wi'l r be a mi nimum 75 I wi dth 'and 105' depth." Existing building sites should not be affected (should be PNC) City staff 'should provide documentation to property owners whether or not their building site5s,PNC. All references' to SF in the zoning ordinance should be to "SFand SF-2". Is/Reid C.Wilson , ", 'Chai'rman" Mr. O1son explained:; that' "the" Zoning & Planning' Commission concluded that the most appropriate'way to' protect the 50 'foot lots in the PembertoniAdditionwould' be ,to specifically provide in the dimensions section 'oT::this ,new. classification regulation that the existing building' 'sites; on ,the, effective date of this ordinance are going 'to be prior I non-conformities and there wi 11 be no 'limitation on the abil ity' fa construct, reconstruct or improve any building'or structure' on./those pre-existing Building sites so long as it otherwisecompl ies.,' The ordinance was written so as to be clear that those non-conforming building sites,with less width, depth or area, there would be no prohibition against the construction, expansion, improvement or reconstruction on those building sites so long as, they otherwise comply. Mr. Olson read the secti on of the ordi nance, as follows: "SF-2 Di strict!.- ~ f ~ J (4) Dimensions. Each building site shall have a minimum width of seventy-five (75) feet, a minimum depth of one hundred five (105) feet, and a minimum total area of seven ~ ;1'lj Regular City Council Meeting, MaY 29~ 1991 thousand ei ght hundred seventy-fi ve (7875) square feet. Provided, however, where a building site having less width, depth, or a.rea than herei n' requi red exi sted on the effective date of the Ordinance classifying such site as SF-2, such building site shall be a PNC as'that ,term is defined in Section 12 hereof, and th'e,preceeding regulations relating to the dimensions of building sites shall not prohibit the construction, expansion, ,improvement, or reconstruction of a' bui 1 di ng or structu're thereon ,whi ch is otherwise; permitted under these Di strict regulations. II Councilmember Lang commented she'was:in favor of large building sites but she thought the ordinance',was difficult to understand and would be difficult to administrate. Councilmember Jenkins .thought. the ordinance makes an already compl icated zoni ng ordinanc.e' more. compl icated. Counci lmember Jenkins suggested the c,ity be viewed as a whole on the zoning issue. ' , CounCilmember Duke stated he ,was in favor of the ordinance but he thought "City Council needed to look at this situation on a l city-wide basis. Councilmember Duke suggested that, if necessary, , Council consider appointing a: task force to study the issue. Councilmember Kelly expressed his appreciation to the efforts of the Pemberton Addition: peOple who worked to get the petitions signed. He appreciated 'the' one person in Pemberton who spoke expressing some concern with the ordinance but felt that it was in the best interest of thepubHc sector, and the health .and safety of. the neighborhood.While'he did not at this point intend to do ,anything different than what the ordinance was going to require, he expressed some hegativefeelings and yet was generally in favor of it. Councilmember Kelly :agr~ed other areas may need to same study to maintain the character and nature of the neighborhoods. However, Councilmember Kelly was in favor of this ordinance. Councilmember Ke11y;suggested Council c6nsider a review of all the :zonihg laws to see if they maybe made easier to enforce and administrate. Motion was made by Counci 1 member Duke, seconded by Counci lmember Lang, that Ordi nance' Number. :'1402 be accepted on fi rst readi ng as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Counci 1 members Ke 11 y, Du ke, Lang Councilmember Jenkins None ' [ ~u;y Regular City Council Meeting, May 29, 1991 MATTERS ,RELATING TOLAND ACQUISITION: Members of the Friends of West University Parks Fund, Inc., Board were present, as follows,: Tom Rushing, Chairman David Agerton "Terri Dickinson Larry Massey, Jr. Russ Schulze Gregory Gerber Phil Sudan Ross Frazer Consideration was given to the approval of the, earnest money agreements to purchase four lots, 4101- 4109 Case Street, legally described as Lots 14, 15, 16 &: 17, Block 27, Colonial Terrace C, for the total consideration- of $520 ,000p 1 us other expenses incurred for close of the sale. Further consideration was given to a proposal dated May 14, 1991~ and submitted by the Friends of West University Parks Fund, Inc., and authorizing the Mayor to execute the documents. TO: Friends of West University Parks Fund, Inc'. ( II Fri~nd~ '~.) c/o Mr. Dave Agerton FROM: City of West University Place, Texas ("City" ) SUBJECT: Purchase of four lots, '41.01-4109 Case Street To follow-up on all of the efforts; that the; Friends have made to provide for the purchase of the four subject 1 ots, the Ci ty has negotiated..;':'and now proposes to' enter i nto--ea rnes t money contracts to buy the four lots. The purchase price is expected to be $520,000. In addition.. the City will incur inspection, surveying, legal and miscellaneous expenses. i ~ I The City understands that theFri ends can now commit the sum of $100,000 toward the purchase price of the four lots and thcitthe Friends can a 1 so commit to use its best efforts to raise an additional sum; of $160,000, so that the Friends' totalcon'trjbution,~oul di' ;be ,50% of the' pijrchase price, or $260,000. " Based on thi s understanding, the City proposes to enter into the earnest money contracts t;fthe Friends wi 11: (1) pay the $1009000 to the City upons i gning" of the earnest money' contract, and, Regular City Council Meeting, May 29, ~991 (2) agree to use t:ts: (b~s,t e,fforts to ra. ise : t~e remaining $160,000 and pay it to the City by the second .anniversary ,of the effective date of the earnest money contract,. subject to the. City retaining title to the five lots it now owns on Milton Street at College and other lots in the 4IOO block, of Byron and Case9 and also subject to such lots .not be converted, to. a use inconsistent with an ultimate park use. , Shou] d . the Friendsfai 1, to r.atse and pay the ,rema in i ng $160,000 by the date ,"set "OlJt!'q,bove, ,jtis und,E!r_s,toodthat the Cay, wi 11 be ,free to .se 1 J ,'part: of, the fouYi lots"or interests in the four 1 ots,l land; retai nthe proceeds of sa 1 e, to ,the extent necessary ta, reduce the City',s share "of the purchase price to. not,mote:,than50%. , ! If this approach meets with the approval, of the Friends, please sign in the spaces provided below and return oneicopy of the memorandum to the.City. Yours very truly, CITY,OF WEST UNIVERSITY PLACE, TEXAS ' ....BY:ld~~~ r I l Attest: Audrey Nichols City Secr~tary APPROVED AND AGREED ~O: ; I: FRIENDS OF WEST UNIVERSITY:PARKSF,UND" INC. BY: j .; ~ , Attest: II . Dave Agerton reported, that the' Friends voted to amend paragraph (1) to read: ' pay, the" $100,000 to ,an escrow account at First American Title on Junel,or"June 10 bearing interest to the date of closinQ. Discussion among Councilmembers ,revealed some changes be considered to paragraph (2). It was generally,agreed that the r Friends wi 11 agree to use its best efforts to raise the remaining l $160~000 and pay it to the City by the first arniversary rather ' than the second anniversary of the effectlVe date of the earnest Regular City Council Meeting, May 299 1991 1 I --' money contract, as proposed. The members of the Friends Board had no objection to the change. There was a general agreement of Council that the reference to the agreement being "subject to the City retaining title to the five lots it now owns on Milton Street at College and other lots in the 4100 block of Byron and Case, and also subject to such lots not be converted to a use inconsistent with an ultimate park use" was too restrictive to City Council and might be interpreted as binding on future Councils. However, the Friends felt the clause was necessary to provide them with some assurance as they requested contributions and grant money for park development. Mayor Johnson stated he was willing to commit the city to purchase the Case Street propertyi f the Friends can notra i se the money, but he disagreed that the language referring to Milton Street lots and other lots and recommended such reference be stricken so as to not bind this Council as to what it mayor may not do. Councilmember Kelly proposed consideration be given to adding that the city would use "its best efforts" to retain title to the lots on Mi 1 ton Street and Byron and Case Streets. He thought thi s would provide some assurance to the Friends yet it would not be binding on this Council or future Councils. Counci lmember Jenkins suggested deleting the paragraph stati ng: "Should the Friends fail to raise and pay the remaining $160,000 by the date set out above, it is understood that the City will be free to sell part of the four lots, or interests in the four lots, and retain the proceeds of sale, to the extent necessary to reduce the City's share of the purchase price to not more than 50%". Councilmember Lang questioned if there would be other costs above the $520,000 to the City. It was explained that inspections would be done by the city but removal of the buildings would be the city's responsibility. Councilmember Duke thought the agreement to purchase the four lots should stand on its own merit and not have language referring to the Milton Street property or other property. Motion was made by Councilmember Kelly that City Council accept the May 14, 1991, letter with the following changes. (1) pay the $100,000 to' an escrow account at First American , Title on June 7 or June 10 bearing interest to the date of closing; and (2) agree to use its best efforts to raise the remaining $160,000 and pay it to the City by the first anniversary of the effective date of the earnest money contract, subject to the City using its best efforts to retain title to the fiv~ lots it now owns on Milton Street at Col lege and other lots ln the 4100 block of Byron and Case, and also subject to the City -I I ~ I i ~':l~ Regular City Council Meeting, May' 2.9~ 1991 - ~,~ i Councilmember KeHy>djd I net accept,' the, "amendment to hiis motion~ Mayor Johnson called fora second,. to the or:i 9i nal matii on. Hearing none, Mayor Johnson :-deelared: the motion failed due, to a lack of a second. Moti'on was made by' : i Counci lmember Jenkins, seconded by Councilmember'Lang, that City: ,Council accept the May 14th contract with a: change from the 'second ,'annivers'ary to first anniversary and by placing a period ,afterea:rnest money contract, (deleting "subject to the .City reta'in;.ngtitle' to the five ,lots it now owns on Mil ton Street at College and other lots in the 4100 block of Byron and Case,:and:alsoisubject to s.uch 'lots.not ibe,converted to a use' 'inconsistentwi'th"an 'ultimate park use"land striking the paragraph ("Should the Friends;'lfail to rais:eand pay the remaining $160,000 by the date' set out'.. above, it is understood ,that the City wi 11 be free to se 11 part of the 'four lots, or i nteres ts in the four lots, and retain the proceeds of sale, to the extent necessary to reduce,theCi ty ',s:share of the purchase price to not more tha'n 50%"). , Voting Aye: : Voting No: Absent: Mayor :Johnson, 'Councilmembers Duke" Jenkins'"Lang _ ,Councilmember Kelly None r L :. ',I ' Mayor Johnson advised the Friends that he would jnstruct the City Attorney to 'prepare a document and submit it to the Friends' of the West University Parks Fund Board for their approval. Motion was made by Cmmcilmember ,Jenkins, seconded by Council- member Ke 11 y ,tha t City Council authorize the Mayor ,to execute the earnest money agreements for .the 'purchase of 4,101 - 4109 Case Street, Lots 14, 15, 16 & 17, Block 27, Colonial Terrace C for the total consideration of$520,:00Q, plus ,other expenses incurred for close, of the sale. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None PURCHASE OF AUTOMOTIVEPARTS:REPLACEMENT: Consideration was given to staff's ,recommendation for award of contract for the purchase or automotive parts. [ Regular City Council Meeting, May 29, 1991 kd '-itU! City Manager Mike Tanner explained that staff recommended awarding the purchase of the automotive parts to Lindale Auto Supply, the low bidder, with a blanket purchase order 'in the amount of $13,000. Staff had checked their references, viewed the warehouse and was comfortable with their general operations and delivery services. ' Motion was made by Councilmember Lang, seconded by Councilmember Jenkins, that City Council accept staff' srecommendation and award the contract for purchase of automotive parts to the low bidder, Lindale Auto Supply. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None WAKE FOREST ELEVATED STORAGE PROJECT: Consideration was given to Monthly Estimate No. 6 in the amount of $96,908.60 submitted by Pitt-DesMoines, Inc., for work performed March 26 through April 26, 1991, on the construction of the 500,000 gallon pedestal type elevated storage tank. l J Motion was made by Councilmember Duke, seconded by Councilmember Jenkins, that City Council authorize payment of $96,908.60 to Pitt-Desmoines,Inc., as submitted. Voting Aye: Voting No: Absent: ~ -....... ~ , Councilmembers Kelly, ,Duke, Mayor Johnson, Jenkins, Lang None None l,1 , ; LETTER OF ENGAGEMENT, 1990 AUDIT: Consideration was given to the follow,ing: " j i ; (a) approving the ,Letter of Engagement submitted by Peat Marwick for audit of the city.s financial statements for the period ended December 31, 1990: and, to"a.uthor;,ze (the City Manager to execute the agreement on behalf of the city; and (b) authorizing request for proposals for the 1991 audit. Motion was made by Councilmember Kelly, seconded by Councilmember Jenkins, that Ci ty Counci 1 approve and confi rm the Letter of Engagement with Peat Marwickfor the 1990 audit. "\ j 1 \ Voting Aye: Voting No: Absent: ; > ~ ,t I Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang' , ' None None ~qq Regular City Council Meeting, May. 29, 1991 By general consent, City Council authorized staff to prepare Request for Proposals for audit services for 1991 to be presented forCouncil1s review at the next regular session. , I j I \ i "" HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the invoice in the amount of $8,224.00 submitted by the Harris County Appraisal District for third quarter appraisal services. Motion was made by Councilmember Jenkins, seconded by Council- member Lang, that City Council approve for payment the invoice in the amount of $8,244.00 submitted by the Harris County Appraisal District. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None UNDERGROUND;STORAGETANK CONSTRUCTION: Consideration was given to staff's recommendation for award of contract for the underground storage tank construction located at 3825 and 3826 Milton Street. Staff recommended that tne low bidder, Dup's Inc., be awarded the contract in the amount of $81,252.79. Dup's Inc., bid consisted of: r l (a) removal of four tanks, site work cleanup and the installation of one dual compartment 10,000 gallon tank at. $81,252.79; (b) removal of four tanks, site work, clean up and the installation of one dual compartment Type 2, double-walled 10,000 gallon tank at $88,682; (c) additional soil sampl~s at $150.00; (d) disposal of contaminated soil under 6PPM at $30.00/cu. yd. (e) disposal of contaminated soil over 6PPM at $96.00/cu. yd. (f) clean bank sand at $15.00/cu. yd. Because of the late hour and by general consent, thi s agenda item was tabled until the next regular session of City Council scheduled for June 10, 1991. CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: [ .6.,j~tJ Regular City Council Meeting, May 29, 1991 (a) City Council Workshop Session on May 13, 1991; (b) City Council Regular Session on May 13, 1991; and (c) City Council Workshop Session on May 20, 1991. Motion was made by Councilmember Jenkins, seconded by Council- member Duke, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None COUNCIL COMMENTS: There were no further comments made by Ci ty Councilmembers at thi s time. STAFF REPORT: City Manager Mi ke Tanner had nothing further for City Council to consider at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Jenkins, seconded by Councilmember Kelly, that the regular session adjourn. Such motion carried and the meeting was adjourned at 10:50 p.m. Whitt F. Johnson Mayor ~. !l~ Audrey ~h01S ~ City Sec etary I i 1 246 CITY COUNCILWOR,KSHQPS.ESSION , SATURDAY, JUNE 8, 1991 MUNICI~AL BUILDING 3800 UNIVERSITY BLVD. , , 10:00 A.M. **************************************** , City Council convened in workshop session in the Municipal Building, 3800 Un.iversity B.oulevard,in the City of West University Place, on Saturday, June 8, 1991, with. the following members present: Mayor Johnson,/ presiding; Councilmembers Kelly, Duke, Jenkjns, and Lang. Also present,were the City Manager, City Secretary, DirectDr of Public WDrks and the City Engineer. Mayor Johnson welcomed those in attendance and stated the City Council was committed to operate the city with efficiency in government and also commi tted to no tax increase. Counci 1 was concerned for the security and safety of the city, progress of city services, schools and children, parks and recreation, recycling, senior services and city employees. Further, City Council was committed to zoning and protecti .on of' property and .,property rights. Mayor JDhnson asked the City Secretary if the notice of the meeting was properly posted. The City Secretary responded that sufficie/nt written notice of the date, hour, place and subject .of the meeting was posted l on the City Hall Bulletin Board at 9:00 a.m., on Wednesday, June 5, 1991, in the manner required by the Open Meetin9s law, TEX. REV. CIV. r STAT. ANN, art. 6252-17, as amended. MATTERS RELATING TO PERSONNEL AND RELATED MATTERS: City CDuncil discussed the use, identification and assignment .of city vehicles, equipment and vehicle allowances. By general consent, City CDuncil recDmmended that the Chief of Police use a marked vehicle with a light bar. The Chief of Police was to use the vehicle only on city business, however, he did have permission to drive the vehicle to and frDm work. City Council instructed the City Manager that no take-home vehicles or allowances would be permitted by any other member of the department. The general sense .of Council was to promote as high police visibility as possible. However, Council agreed there was a need fDr unmarked vehicles, but it was recommended the unmarked cars :be kept to a minimum. Mayor Johnson i nqui red as to the status of the accreditation program for the Police Department. Mr. Tanner advised that the project was near completiDn, however, the program would have to be submitted to others for approval and that date had not yet been set. It was agreed the City Manager would report back to Council on a possible cDmpletion date. r MaYDr Johnson and Council recommended the Fire Chief's car be l painted an appropriate color and that it be marked with the city SsJ"":I: , City Council Workshop Session, June 8, 1991 emblem and alight bar installed. The Fire Chief was to use the car only on city business but had permission to drive it to and from work. In the Water and Sewer Division and Solid Waste Division, take home cars would be allowed for emergency purposes only and should not be used for driving to and from work. Council expressed concern over pickup trucks that sit idle in Public Works. Mr. Tanner agreed to implement the recommendation but asked for a transition time so employees could make other arrangements for transportation to and from work. Mr. Tanner recommended a stand-by man be provided for emergencies. 1 j Mayor Johnson directed that time and work for emergencies be clearly documented. The Mayor further directed that it was the sense of Counc i 1 that veh i c 1 ea 11 owances be reduced to $200 a month for all employees who receive a vehicle allowance. It was suggested that at some time the Ci ty Manager report back to Council the amount of savings to the city after the implementation of this policy and the accompanying reduction in fleet. In other personnel matters, it was the sense of Council that the Inspection Division needed competent inspectors and chief building inspector. Council expressed concern over the destruction of trees and curbs and gutters. Concern was also expressed over the clean, up of building sites during and after construction. It was generally agreed the inspectors should see that the clean up is done. Mayor Johnson recommended that Mr. Tanner employ very competent inspectors and pay them an above average salary, if necessary. The Mayor proposed the city provide a training program to produce a more competent inspection team and suggested Texas A&M as a possible source for this training. '1 Mayor Johnson suggested that one of the key people in the Inspection Division might soon be ready for retirement and recommended the City Manager plan so that when he leaves someone can ,fill in adquately. Mr. Tanner explained that the majority of'the complaints about the Inspection Divison related, to things that happened from one to three years ago. The qual ity of inspections' at that time was not good. Improvements had been made in the Inspection Division, but Mr. Tanner agreed more changes could be made. The ;plan review process has been improved. Pl ans were now revi ewed and approved within 2 weeks. Previously, the plan checkers and procedures used were expensive, difficult and inefficient. '\ \ f Mayor Johnson reported the 1991 Southern Standard Building Code had been issued and requested it be, referred to: the Building and Standards Commission for review and recommendation whether the city needed to amend its ordinances. ~q.o City Council Workshop Session, June 8, 1991 A question arose if there was any protection for residents from contractors who- do poor work. Mr. Tanner explained that builders are not b,orided. He had discussed the Question with the City Attorney and Mr. Dougherty did not bel ieve that it was something the city could require. An individu~lmay purchase a homeowners warranty policy forhimself.Councilmember Duke reported the HOW program was considered - to be costly and relatively worthless and very expen:5ive to the builders. Lack of uniformity in inspections was discussed and it was suggested that the citations not be mailed to builders but to issue them on ,the site of the violation. Council urged a commitment to contiunual enforcement' of building regulations. It was suggested consideration Qe given to requiring builders to pay for damages to the s treetsand that the pol ice department could cooperate to issue citations on trash, mud in the streets and trashy building sites. It was further suggested that competent builders would accept tough enforcement as long as enforcement is consistent. Councilmember Jenkins requested a fair evaluation be made to determine if it is more cost effective to use a payroll service and perhaps reduce a position in the Finance and Administration Department. Mayor Johnson questioned the adequacy of the management of the 1 andfi 11 . Mayor Johnson directed all department heads to reduce personnel. The Mayor directed that review dates for salary adjustments should be done at the end of the budget year.. Salary adjustments should be approved by the City Council on each and every employee of the city. Increases would be merit jncreases and not across the board increases. The effective date of a 11 salary adjustments shoul d be January 1. Mayor Johnson further directed stri ct enforcement of the employee handbook that prohibits personal use of city vehicles and equipment, property and on-duty personnel. Mayor Johnson requested control of sick leave, compensatory time and absenteeism. However, Mayor Johnson supported -the city's sick leave policy/as it was written. Sick leave for immediate family --~v City Council Workshop Session, June 8, 1991 illness was a part of that policy and the Mayor supported it as a significant benefit to the employees. Conventions, seminars and other similar functions would be restricted to intrastate' travel for all employeeswith the exception of the Police Department on po.1ice duty as required. Terms and conditions for City-funded pensions and retirement benefits, including vesting rules, were not discussed. Creation~ abolition, consolidation and division of certain offices and departments of the city:Publ ic Works Department, Engineering and Construction Department (including Inspection Division and Other Divisions); inquiries and investigations into the conduct of such departments and the offi cers and employees of such departments was not di scussed other than as reported above. City Council did not go into a closed executive session. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmembr Jenkins, seconded by Councilmember Lang, that the meeting adjourn. Such motion carried and the workshop session was adjourned at 11:38 a.m. '"\ i , I I -.-J Whitt F. Johnson Mayor Audrey Nichols City Secretary '-1 I I \ ( 1 ~uu REGULAR CITY COUNCIL MEETING MONDAY, JUNE 10i 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Council convened in regular sess.ion in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, June 10, 1991, with the following members present: Mayor Johnson, presiding; CouncilmembersKelly, Duke, Jenkins, Lang. Also present were theCi tyMana,ger ,City ,Secretary, Ci ty Attorney, the Director of Finance and Administration and the City Engineer. Mayor Johnson delivered the invocation and Councilmember Kelly led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Johnson invited residents to speak who had matters they wished to br;.ng to the attention 'of the City Council which had not previously been submitted to the City, Manager. ' Dorothy Reiger, 6516 'Brompton,' commented she heard, the form of government in the city referred to as a Ci ty Manager form of government. She read the City Charter and it is a Council-Manager form of government. r L HOUSE CONSTRUCTION CONCERNS: Dr. and Mrs. Kenneth Moise, 4234 Tennyson, gave a presentation showing the condition of their home. The house is not quite two years old and it is falling apart. Dr. Moise showed cracks in the walls, buckling support beams and' general deteriation of the house. The house was inspected and approved by the city. Evidently, the builder removed a tree and poured the slab before the ground had a' chance to "cure" from the tree removal. The tree removed moisture from the ground which, after removal, would have naturally been replaced. Dr. Moise has since learned that a period of time should elapse between removal of a large tree and pouring the concrete. The walls in the attic are not supported by load-bearing walls and that is causing the lower walls to buckle. Dr. Moise thought one of the drain pipes under his house was broken. All of the water coming off the roof goes under the slab and is exacerbating the problems with the house. Dr. Moise suggested the city require builders to provide warranties to new home owners. He thought builders should be required to show proof of liability insurance. If the city will allow a builder to build, the builder should be liable for poor workmanship. The city might require an insurance policy to the owner as part of the sale to cover these types of problems. Mayor Johnson asked for an inspection report. City Engineer Brent . Sherrod reported that the records showed the inspectors who were [ &dU..!:. Regular City Council Meeting, June 10, 1991 ] responsible. The paper work was done properly. Those inspectors were no longer with the city. Mr. Sherrod did not think the prob 1 ems wi th the frami ng wou 1 d happen today. The city does not have anything in place today that would prevent a builder from doing the same thing such as removing a tree and immediately pouring a slab. At that time, the city was not requiring slab cert i fi ca tes . A sealed slab certi fi ca te is now a requ i rement of the city to help avoi d slab probl ems. Mr. Sherrod exp 1 a i ned he could not be sure if this particular slab was properly designed or not. Mr. Sherrod reported that the problems wi th the attic may relate to it being a 2 1/2 story structure. Staff had discussed going to a different stud system. He suggested a disclaimer statement on 'the plans such as 200 square feet of storage in the attic would be referred to as attic storage, but if the property owner wishes to deck more than that, it would be considered a third story. Dr. Moise asked if the city could demand higher standards from the builders to protect the city and consumers from poor workmanship. Councilmember Kelly su~igested that if the' city would do that it would be a cost that would be passed on to the homeonwer without the. homeowner's knowledge. l I 1 _J City Attorney Jim Dougherty suggested the ideas expressed could be worked into an ordinance, however, there might be logistical problems to enforce them. After further di scuss i on, Mayor' ,Johnson recommended the Ci ty Manager and City Attorney prepare an ,ordinance for Council's review. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished to address a specific agenda item to speak at this time. Those present woul dwa it until City Council considered the agenda items in question. APPOINTMENT OF HEALTH AUTHORITY: Mayor Johnson recommended that Larry K. Pickering be reappointed to serve as Health Authori ty for the ci ty. i Motion was made by Councilmember Kelly, seconded by Councilmember Lang, that City Council accept the" Mayor's recommendation and appoint Larry K. Pickering to serve as Health Authority for the city for a two-year term. ~u~ Regular City Council Meeting; June 10, 1991 Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None [ ORDINANCE RELATING TO ZONING AND LAND USE: LAKE STREET PROPERty: Mayor Johnson presented Ordinance Number 1401 for second reading and read the caption, as fo 11 QWS: ORDINANCE NUMBER 1401 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING THE ZONING ORDINANCE OF, THE CITY OF WEST UNIVERSITY PLACE, TEXAS SO AS TO CHANGE THE ZONING DISTRICT FOR PORTIONS OF CERTAIN BUILDING SITES ADJOINING LAKE STREET' FROM "C" (COMMERCIAL DISTRICT) TO II SF" ( SINGLE FAMILY DISTRICT); APPROVING AMENDMENT OF THE ZONING DISTRICT MAP TO REFLECT SUCH CHANGE IN ZONING DISTRICT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copi es of Ordinance Number 1401, in the form requi red for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. [ Motion was made by Councilmember Jenkins, seconded by Council- member Duke, thatOrdi nance Number 1401 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None MATTERS RELATING TO ZONING AND LAND USE: PEMBERTON ADDITION: Mayor Johnson presented Ordinance Number 1402 for second reading and read the caption, as follows: ORDINANCE NUMBER. 1402 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ADDING A NEW SECTION 7-100-A TO ARTICLE 7; CREATING A NEW SINGLE FAMILY DISTRICT TWO (SF-2);REGULATING AND RESTRICTING THE USE, SIZE, HEIGHT, AND DENSITY OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE LOCATIONS AND USE OF BUILDINGS, STRUCTURES AND LAND. FOR RESIDENTIAL AND OTHER PURPOSES; REZONING ALL PROPERTY NOW A PART OF PEMBERTON ADDITION AS SINGLE FAMILY DISTRICT TWO (SF-2), AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE r L kd'UlU Regular City Council Meeting, June 10, 1991 j' ~ 'I . r!: NUMBER 1394 ADOPTED ON MARCH 25, 1991; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1402, in the form required for adoption. were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Mayor Johnson invited comments from the audience at this time. Lou Bail ey, 2740 Fenwood, expressed her concerns' wi th the ordinance. She thought it was not fair to change all lots under 75 feet wide to prior nonconformities (PNC). Article 12 of the zoning ordinance states that PNC's are allowed to "continue until they are removed or terminated, but not to encourage their survival ". Smaller lots/bui lding sites are the norm in the city and the large multi-lot buildings sites are the exceptions. Ms. Bailey suggested some altenative language for the amendment: l j Ms. Bailey thought this language would take the negative conotation off her fifty-foot lot. Ms. Bailey further suggested that two subdivided lots which may have been combined into a single building site may be divided into separate building sites under certain circumstances. While this amendment may suprsede that section, she suggested Section 5-101(d) be amended so that the meaning is clear. Councilmember Kelly .commi ss i on gave.~ a concerning Pemberton recommendation. related that the, Zoning and Planning lot, of thought to the,ir ,recommendation Addition and, he felt comfortable with the Councilmember Duke expressed, confidence in t~e, attorney's diligence in writing the existing language. The attorney did not think the owners of 50 foot lots would be at risk. j City Attorney Jim Dougherty suggested the basic approach probably taken by Attorney Olson was that the language suggested by Ms. Bailey is functionally very similar to that written in the ordinance. The woriding is different but primarily it is functionally the same. ~u~ Regular City Council Meeting, June, 10,1991 Motion was made byCouncUmember Kelly, seconded by, Counci lmember t Jenkins, that Ordinance Number 1402 be adopted on ,seconded reading '"..".. as presented. .". At this point, Mayor Johnson invited comments from City Council and further comments from the audience. Nizar Mullani, 2715 Pemberton, expressed his concerns with the language in the ordinance. He felt there was inequity in the orainance. He .pays taxes on two, lots and .the property is deeded as two lots. He suggested that ordinance 1402 be amended to allow the people who have two lots to" elect to pay taxes on two lots and have the right to sell them 'as two lots. But, ,if a property owner is willing to se 11 the site as one 1 at, then he shoul p pay taxes only on one. lot. Mr. Mullani throughtthe ordinance was unjust. It was explained ,that this or,djnance was' for the publi,c health and safety of the neighborhood because everyone in Pemberton Addi ti on woula benefit by the protection of green space and control of density. Councilmember Lang commented that a few lots would be affected and the majority of the lots, which are 50 foot 'lots, would be negatively affected. Gordon Smith, in' the audience, commented there were 16 building s,i tesla rger theln 50 foot lots. Bill Bomar, 2611 Carolina Way, opposed the ordinance and stated he did not want to be told that what he has owned since 1966, he did not have anymore. He suggested allowing an option to do what he wished with his property. Motion was made by Councilmember Lang that Ordinance No. 1402 be tab 1 ed unti 1 the issued could be studied more thoroughly. The motion failed for lack of a second. f~ L Mayor Johnson called for a vote on the main motion: to approve Ordinance No. 1402 as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins Councilmember Lang None ORDINANCE RELATING TO SITE DRAINAGE: Consideration was given to the first reading of Ordinance Number 1400. Mayor Johnson read the caption, as follows: ~ ... fUJ' 't;JII Regular City Council Meeting, June 10, 1991 D"" .. !.," ORDINANCE NUMBER 1400 AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND RELATED REGULATIONS; AMENDING SITE DRAINAGE REQUIREMENTS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1400, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. City Manager Mike Tanner explained the current drainage required (a) a permit and retajning wall if 200 or more square feet in area is raised 2 inches or more. This is restrictive enough to require a resident who landscapes or gardens to be affected. (b) Site drainage was adequate if 1 inch of rainwater produced in 1 hour is captured and conveyed; (c) Underground pipe cannot be used to meet drainage requirements in new construction. ' , q I", . l-:. --' Ordinance No. 1400 would establish more adequate regulations and provide for the following: (a) A permit shall be required if 500 or more square feet in area is raised 2 inches or more. This ,is a, significant area (10% of the total area of.the smallest lot). , Few residents who landscape or garden should be affected. (b) Site dra i nage sha 11 be adequate if the ra i nwa ter produced by a ,10 year storm (Frequency rainfall event) is captured and conveyed. This is the same standard used by th'e Texas Department of Highways and P!Jblic iTransportation. It is, Significantly higher than the current standard and, wi 11 ensur,e drainage ad~cjuacy. (c) Drainage facility construction methods, materj,als and grades shall be prescribed by the City Engineer. Drainage needs differ lot to lot. No one drainage method meets every need. The City Engineer shall require the most efficient and effective method(s) for each lot. He will minimize the impact on adjacent properties, fill and tree damage in doing so. Mr. Tanner reported tha.t~')most :cities do not address drainage ordinances except at the time of subdivision development. J Councilmember Jenkins expressed his opposition to retaining waHs. Mr. ,Tanner expla.ined, he could not say that there would never be a situation where a retaining wall would not be required. ~DO Regular City Council Meeting, June 1(1, 1'991 Councilmember Duke asked' if someone came to the city with a l building application with two ways to handle the drainage, would the ordinance give the city flexibiHty to not require. retaining t wall? How does the city assess'a building site and check the grade? Doe's the city have the capability to 'enforce this ordinance? Mike Tanner explained the ordinance would provide flexibility to address each situation on a case by case basis. The ordinance would' be' an improvement, over what the city is operating under now. It is a tool that will help staff do a better job. Mr. Tanner recommended the ordinance. However, Council should be aware there might be costs to the homeowner. Motion was made by Councilmember Jenkins, seconded by Council- memberLang~ that Ordinance Number 1400 be accepted on first reading,as presented. After discussion, Councilmember Jenkins amended the motion to delete liar his designated representativeU from the last sentence of Paragraph (2). Councilmember Lang seconded the amendment to the motion. Mr. Tanner recommended that the language not be deleted to provide for the City Engineer's vacation and time out of the office. Mayor Johnson called for a vote on the amendment which carried as follows: Voting Aye: Voting No: Absent: [ Councilmembers Duke, Jenkins~ Lang Mayor Johnson, Councilmember Kelly None Mayor Johnson called for' a vote on the main motion to accept Ordinance No~ 1400 on first reading with the amendment. Voting Aye: Voting No: Absent: ' NATIONAL FLAG DAY: Mayor Johnson ,Colinc,i lmembers Kelly, Duke, Jenkins, Lang None None Mayor Johnson presented a proclamation designating June 14 as National Flag Day in the city. Moti on was made by Counci lmember~ Lang, seconded by Counci lmember Jenkins, that City Council approve and authorize the proclamation as presented. Voting Aye': Voting No: Absent: Mayor Johnson9Gounci 1 members Kelly ,Duke, Jenkins, Lang None None ~ Regular City Council Meeting, June 10, 1991 J J PURCHASE AND INSTALLATION OF VARIOUS TYPES OF FENCING: Fencing projects were for the following areas: (1) Wood Fence at Milton Street Park (a 6 foot cedar fence) (2) Wrought Iron Fence at Bissonnet Water Well Site (3) Wrought Iron Fence Gate at Bissonnet Water Well Site (4) Cyclone Fence at the Westpark Property (5) Cantilever Cyclone gate at the Westpark Property' Bids were received May 2'9, 1991 and forma lly opened at 2:15 p.m., with the following results: Bidder Item 1 Item 2 Item 3 Item 4 Item 5 ' Total Four Seasons $3306.24 $3406.80 $275.00 $2902.40 $1500.00 $11,390.44 Development Anchor Fence $4959.36 $8551.68 $350.00 $3699.20 $2437.00 $19,907.24 Griffen Fence $3864.00 $5168.00 $290.00 $2880.00 $2760.00 $14,962.00 ] Mr. Tanner explained that Council may not wish to approve the fence bids as presented. The Westpark site (Items 4 and 5) should be fenced if the property; is not leased, however, if the property is leased, it should not be fenced. The property to be fenced on Milton Street (Item 1) is being done at the request of the Parks Board and at the' direction of the previous ,City Council. The Bissonnet water well site (Items 2 and 3) is currently fenced. The previous City Council directed staff to replace the existing fence (commercial cyclone) with a more attractive one (commercial wrought iron). After discussion, motion was made by Councilmember Duke, seconded by Councilmember Kelly, that City Council table Item 1 until after the meeting with, the, Parks Board on, June 18 ,and table Item 4 and Item 5 until a decision with the Coastal Corporation could be reached. Voting Aye: Mayor Johnson, Jenkins, Lang None' None Councilmembers Kelly, Duke, J, Voting No: Absent: Motion was then made by Councilmember Jenkins, seconded by Council- member Lang, that City pouncj l' reject the bi ds for Item 2 and Item 3. ' ] Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None ~o~ Regular City Council Meeting, June 10, 1991 Consideration was given to the invoice in the amount of $8,000.00 submitted by Peat Marwick for services in connection with the 1900 Audit of the City's Financial Statements for, the period ended December 31, 1990. [ 1990 AUDIT OF CITV: FINANCIAL STATEMENTS: i Motion was madebyCouncilmember Duke, seconded by Counc i 1 member Kelly, that City, Council approve for payment the invoice in the amount of $8,000.00 submitted by KPMG Peat Marwick. Voting Aye: Votir)g No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None 1991 AUDIT SERVICES: Consideration was given to approve ,the Request for Proposal for Audit Services for the 1991 audit. The proposal outlined both the requirements of the audit a.nd the selecti,on process. A list of prospective firms was submitted from which proposals would be so 1 kited. By genera 1 consent Ci ty. Counc i 1 approved the Request for Proposa 1 for Audit Services but requested, this item be placed on the next l regu lara genda for app rova H of ,the aud;t se lee t; on proposal ]; s t C and requested staff call' other cities in the area to determine which auditing firms they were using. UNDERGROUND STORAGE TANK CONSTRUCTION: Mr. DePriest, owner of Dup's, the low bidder, was present to answer questions. Councilmember Jenkins reported that the Coastal Corporation was veryimterestedin putting a fJeet fuel station on the city's property located on Westpark Drive. Coastal has expressed concerns about the 25 foot setback requi rement and the environmental situation with the city's water well close by. They assured him by Thursday of this week they will be able to make a decision. City Manager Mike Tanner informed Council that the city received bids' for the project and Dups~Inc.,.was the low bidder. Staff has been informed by Dup's that his bid was good to June 14. Mr. Tanner's concern with Coastal is that, at this point, the city had nothing firm from them. If the city proceeds with plans to construct storage tanks, on that site, the city will need a staging area across the street for the constructi on contractor on the expansion of the Wakeforest Water Pl~nt. If that contractor does If not have the staging area, it may increase the cost of construction of that project as much as 10%. Regular City Council Meeting, June 10, 1991 Councilmember Jenkins reported that Coastal had told him that they would take out the tanks. The city would have to remove the contaminated soil. Coastal, would need a certain amount of area (100' x 100' or 150' x 150'). Coastal was asking that the storage on Westpark on the east end of the property. Coastal woul d also provide monitoring equipment. ~" ;i: ; ::~ " Counci lmember Tanner suggested that the city does not know if it can negotiate a deal with Coastal. The deal includes not only leasing the site for 20 years but also the purchase of the fuel. The concern on 20 yea rs is that the city has a number of tracts whi ch a lone may not be' worth very much money, but if the tracts a re brought together, they wi 11 be worth a good bi t of money. A 20 year 1 ease commi ts val uab 1 e property and removed' the city's future options. Councilmember Jenkins stated he was concerned about future EPA rulings and the ,liability and expense to the city for approximately 6,000 gallons a month usage. ' Mr. DuPriest offered to give the city credit to locate the tanks on Westpark. Mr. DuPriest informed Council that new legislation would provide 70% of the clean up as reimbursable from the State. Councilmember Lang ask, Mr. DuPriest .to separate the clean up costs from the install ati on oL the new tanks . Mr. DuPriest did not have those figures available. After further discussion, motion was made by Councilmember Duke, seconded by Counci lmember Jenkins, that City" Counci 1. ,accept the bid from Dup's, the low bidder, with the reservation that the city immediately execute :a change order holding off on the work, other than the remedial work, until the city can evaluate a proposal from Coastal. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins Counci 1 member' :Lang' None Motion was then made by Councilmember '/Kelly,seconded by Councilmember Duke, that City Council authorize an amendment to the budget in the amount of $81,252.79 and appropriate the funds for the removal of the underground storage tanks. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins Councilmember Lang None LEGAL SERVICES: l 'I . 'I , . I l. Consideration was given to the invoice in the amount of $4,611.03 submitted for 1 ega 1 servi ces provided on the ci,t-y's behalf for the month of May, 1991. ~ou Regular City Council Meeting, June 10, 1991 Motion was made by CQuncilmemb,~r Jenkins, second~d by Counci 1- ~.."",'"".,...., member Duke, that the invoice ,in the amount of $4,611.03 for legal....,. servi ces"be approved for 'payment. Voting Aye: Voting No: Absent: , . , Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None CITY COUNCIL. MEETING MINUTES: ' Consideration was given to ,the minutes of the following city council meetings: (a) Joint Publ ic Hearing before the, Zening and Planning Commission and City Council on May 28, 1991; . H,; : (b) City Council Workshop Session on May 29, 1991; and (c) City Council Regular Session on May 29, 1991. Moti on was made :by 'Councilmember Jenkins, seConded by Councilmember Duke, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Johnson, CounCilmembers Kelly, Duke, Jenkins, Lang None None t COUNCIL COMMENTS: Councilmember Jenkins requested a report on the outstanding city warrants. He also requested 'a' discussion on discontinuing the compost program. Councilmember Lang reported the Recycling Committing was preparing a report for Council and suggested Council hear the report before discussing the composting program. Councilmember Kelly commented on the "letter" to the new city council in the West U Magazine. Mayor Johnson requested an ordinance be prepared for Counci l' s review extending the prohibition of smoking in all public bui 1 di.ngs. Mayor Johnson reported he received a letter from Reid Wilson asking Council IS consider to appoint him as a volunteer liaison to the City of Houston for assistance on Houstonls proposed zoning. The appointment would require a letter from the Mayor to the City of Houston. Counc i 1 concurred with the appoi ntment and m,..,..., accompanying letter to Houston and agreed, to place the appointment [ on a future agenda. Regular City Council Meeting, June 10, 1991 j!, I ~ r , : STAFF REPORT: City Manager Mike Tanner had nothing further for Council1s consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Jenkins, seconded by Councilmember Duke, ,that: the meeting adjourn. Such motion carried and the regolar session was adjourned at 11:03 p.m. Whitt F~ Johnson Mayor J !2{. ~ AUdreY~lS City Secre ary " J ~o~ CITY COUNCIL WORKSHOP SESSION TUESDAY, JUNE 18, 1991 ':COLONIAL PARK GAME ROOM 4130 BYRON STREET CITY OF WEST UNIVERSITY PLACE 7:30 P.M. **************************************** \ L City Counci 1 convened in workshop sess i on in the Co 1 oni a 1 Park Game Room, 4130 Byron Street, in the City of West University Place, on Tuesday, June 18, 1991, wi.th the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke and Lang. Councilmember Jenkins was absent. Also present were the City Manager and the City Secretary. Parks Board Members and Friends Board Members present were, as follows: David Agerton John Wilkinson Phil Stevensen Ross Frazer Debbie Niebruegge Adonica Aston-Johnston Carla Rea Russ Schulze Jere Ahrens Lynn Simoneaux Tom Rushing Charles Tapley Jim Patterson Parks Board and Friends Board Parks Board Parks Board Friends Board Parks Board ' Parks Board Parks Board Friends Board Parks Board Parks Board Friends Board Tapley-Lunow Architects, Inc. Tapley-Lunow Architects, Inc. [ City Council Workshop, June 18, 1991 Tom Rushing reporte,d the aim of the Friends was to proceed to raise funds, making application to six separate foundations and networking with people. It was suggested that the Friends and Parks Board concentrate on one park at a time. It was further suggested that Colonial Park be the focus for development. Russ Schulze pointed out that flexibility was the key to successful fund raising. Tom Rushing advised that there were two avenues to fund raising. One was institutions that have a history of giving to parks and the other was ,community support. The Friends Prospectus was ready to be finalized and printed. -Tile Prospectus would be a valuable asset to fund raising efforts. Russ Schulze explained that the Parks Board and Friends BoQrd was 1 ooki ng to Counci 1 for approva 1 to keep a forward momentum for park development. It was not necessary for Council to take any action at this time. The Friends would be working with Council on how the money will be spent and what direction they sho'uld take. Councilmember Kelly stated he wanted to do something visual to the Milton Street Park site. He recommended that there be something developed in a short period of time at that site. Councilmember Lang supported the Park Plan and recommended a maintenance fund be planned and implemented. She supported doing something visual, quickly, to the Milton Street Park site, but would like to see something happen at each park site as well. Russ Schulze advised that a park maintenance fund was a vital report to use in making presentations to foundations. Foundations were concerned how the parks would be maintained in the future and a maintenance fund would be necessary in the next few years. Councilmember Duke stated he agreed and would like to see something relatively inexpensive done quickly on the Milton Street Park and suggested the City might be wi 11 ing to pay for it. Russ Schulze reported it was time to do' the engineering on the Milton Street Park. The Friends were willing to pay for that and in the Fall, trees can be planted. Councilmember Duke supported the Park Board and Friends Board to move forward in the direction they have taken. He encouraged them to proceed to raise the money and at the same time to remember it was a partnershi p of the Parks, Fri ends and the Ci ty. Councilmember Duke asked if the dollar item list in the Prospectus was approved by the previous City Council. Dave Agerton responded tha t it was approved by the prey i ous Counc i 1 . Everyth i ng mus t be acceptable to the City. Mayor Johnson expressed hi s support for park development in the city and for the park plan, but suggested Council might make specific changes in the Milton Street Park. iooI '-I"Y City Council Workshop, June 18, 1991 ADJOURNMENT: [ With no further business to come before City Council at this time, motion was made by Councilmember Kelly, seconded by Councilmember Lang~ that the workshop session adjourn. Such motion carried and the meeting was adjourned at 10:07 p.m. ILl.. ~ AUdreYNi~lS . City Secr . ary Whitt F. Johnson Mayor [ [ CITY COUNCIL WORKSHOP SESSION THURSDAY, JUNE 20, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop: session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, June 20,1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Also present were the City Manager and the City Secretary. DISCUSS AND CONSIDER REMOVAL OF UNDERGROUND FUEL TANKS: City Manager Mike Tanner reported the city has three fuel tanks that leak. The city is the process of contracting with Dup's Inc., to remove the, tanks and clean the site. The city is also considering negotiating a contract with Coastal Corporation to place fue 1 tan ks on the city's property on Wes tpa rk Dri ve whereby the city may obtain fuel from Coastal at cost. Coastal has proposed a 20 year lease agreement. Ten years at $1,000 a month with two renewal options at 5 year increments. Coastal proposes to increase the amount of $1,500 for months 11 through 15 and $1,600 for months 16 through 20. Coastal proposes to remove the city's tanks at no cost to the city but will assume no liability for the clean up. Coastal would construct and install fuel tanks on Westpark for their corporate fleet and at the same time store the city's fuel at no cost. The proposed site would contain 5 islands and be placed as far east as possible from wh~re the substantial number of utilities are located. The city owns approximately 2 acres. The property is very va luabl e and Mr. Tanner recommended Counci 1 study the term of ,20 years ver.ycarefully. Mr. Tanner suggested a shorter term be consi deredand that Coastal be required to: pay ,a 10% return on the property. Mr. Tanner received a preliminary estimate on the worth of the property which was : reported at $12.00 a square foot. Mr. Tanner further recommended. there ,. should be a provision for rental increases during the time of the lease perhaps based on the Consumer Price Index. Mr.: Tanner suggested that if the city loses the frontage on Westpark, the property behin'd would not be as valuable. The corner is valuable as a staging area for the contractor working on' the: elevated ,storage tanks., Mayo'r Johnson suggested Council consider the possibility of locating the ground water storage tanks onthisi,property, across the street from the well site. ., . , , Mr. Tanner pointed out there was a certain efficiency loss to not having the fuel ina central location in the city. The location on Westpark is approximately 1 1/2 miles from the existing fuel tanks. It would not be bad, but there would be some time loss. ... '-" '-" City Council Wo'rkshop, June 20, 1991 Mr. Tanner expressed hi s preference' fO.r the day to day contro 1 ~ provided with the tanks at the existing site. L Councilmember Jenkins suggested there was a value in having Coastal providing the monitoring system for fuel usage and the accompanying reports. Mr. Tanner advised the city may recover most of the expense of the removal and clean up, however" the asphalt tank would not be recoverable because that tank does not leak. Counci 1 member Jenkins reported thatCoasta 1 wi 11 get th~ expense reimbursed if they do the, removal whi ch may be a reason the city could require a higher rental fee. Coastal will provide gas at cost or the city can .go out and purchase the gas to put in Coastal's tanks for a credit to the city. Mr. Tanner reminded Council that the Procurement Act may require the city to bid the fuel' purchases. Mr. Tanner thought that at this point there were too many unanswered questions to make a decision. The cost of the fuel was likely to escalate. The value of the property was virtually unknown and staff had not had time to 'research the best use for the property. He suggested the development of a master plan for the Westpark property. Councilmember Jenkins suggested there might be more control with [,.,. the Westpark fuel location. Also he thought the cost of a . maintenance contract for the monitoring system would be very expensive. Councilmember Kelly stated that the positives of the agreement might be summed up as: (1) the city cou 1 d get the gas at cos t for the term of the 1 ease. We could be fact rig higher pri ces . I f the city cou 1 d lock in a long term price on gas, it would be beneficial. However, Coastal may not want to do that. (2) it removes the city from the gasoline business. There is an exposure in dealing with any type of chemical. (3) the city would have some dollars coming in on the property and the city is not getting anything on the property now. (4) the city would be saving the construction cost. (5) it would take the city out of the maintenance business and supervision of the tanks. (6) records would be provided by Coastal. Negatives might be stated, as follows: [ City Council Workshop, June 20, 1991 (1) the city would be losing possible storage areas at that , site. ' (2) the loss of closeness of the gasoline tanks. (3) loss of some control. (4) there might be a better use for theWestpark property, but no one knows what that ;.S at this time. Mr. Tanner reported the city' was estimating about $35,000 in new construction that would not be reimbursable. Mr. Tanner advised there must be a competitive bidding process for purchase of fuel. The bid could be tied' to the OPTS Report. The city would need to require of Coastal warranties, indemnities and guarantees on supply. Mayor Johnson asked if the c'ity would have preference to the supply tanks. This would need to be considered. Councilmember Duke suggested the city needed a long term plan for the Westpark property. Mayor Johnson suggested the consideration was to move to the Westpark property or stay at: the existing site. ., The Westpark property may be better, used' for the ground storage water tanks location. Councilmember Jenkins suggested the city offer "X" dollars per square foot. Perhaps Coastal could reduce the size of their site and thereby reduce the rental fee and at the same time save a larger portion of the city's property for the city's use. Mike Tanner suggested the city needed -to decide what it wanted in the lease and to tell Coastal here it is, take it or leave it and set a deadline for Coastal to make a decision. Councilmember Duke stated he would like to see the city out of the gas business. Mayor Johnson stated the city was not in the; ,leasing,b,usiness. What are the di sadvantages? The city does not know. ,what' the use of this property could be in the future. The future use of that property is the big consideration. The existing site is crowded. The best way to serve the equipment is on Westpark. The Mayor recommended the city get an appraisal of the property. Staff prepare a contract with a termination clause. He suggested Mr. Tanner have the property staked off so that a vi sua 1 assessment could be made by City Council and Coastal. Mayor Johnson appointed Counci lmembers Duke and Kelly and City Manager Mike Tanner to meet with Coastal with the city's counter offer to negotiate a contract. .... '-' 'L)' City Council Workshop, June 20,,1991 CONSIDER APPOINTMENT OFA WEST UNIVERSITY PLACE RESIDENT AS LIAISON [.. BETWEEN THE CITY AND THE CITY OF HOUSTON CONCERNING,HO'USTON 'S PROPOSED .. ZONING: Mayor Johnson discussed the poss i bi 1 ity of appoi nti ng an individual to, serve in the capacity of liaison. representing the city to the City of Houston concerning Houston's proposed zoning. After discussion,. it, was the rg,eneral qonsent \ .of Council to postpone making an appointment until the new Zoning and Planning Commission was appointed., Council would seek recommenda.tions from the new commission. .J I' , DISCUSS "BOARDS AND COMMITTEES '; CONCERNING INTERVIEW PROCEDURES AND APPOINTMENTS: City Council reviewed past procedures proposed by the City Secretary and generally concurred to proceed as suggested. City Council agreed to schedule interviews beginning Tuesday, July 9 for every Tuesday and Thursday through the next three weeks. The deadline for receiving applicati.ons was set for July 31, 1991. ADJOURNMENT: With no further business to come before City Council at this time, mot i on was made by Counc il member Kelly, seconded by Counc i 1 member l Lang, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 9:15 p.m. ~ C' Whitt F. Johnson Mayor [ REGULAR CITY COUNCIL MEETING MONDAY, JUNE 24, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City CoUncil convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, June 24, 1991, with the fo 11 owi ng members present: Mayor Johnson, presiding; Council members Kelly, Duke and Lang. Councilmember Jenkins was absent. Also' present were the City Manager, City Secretary, City Attorney, and' the' Director of : Finance and Administration. Reverend Douglas Caldwell, Pastor of West University United Methodi st Ohurch , delivered the invocation and CoLincilmember Duke led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Johnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished to address a specific agenda item to speak at this time. Kyle Pentecost, 2606 Centenary., expressed his concerns about the site drainage ordinance~ He was' basically in favor of the ordinance, but he questioned the' section relating to the drainage plan permit that states the ordi nance "does. not authori ze the permittee to violate any other person's right to allow water to dra in onto or across the permittee IS; 1 and, but i nste,ad, it shall remain the responsibility of ,the permittee' to receive such waters to the extent requi red by the Texas Water Code or other applicable' regulations,lI. . Itw'as exp'laJned to' Mr. Pentecost that the section was written in compliance with the requirements of the Texas Water Code. Upon application for a building permit the 'applicant must have ardra i nage permit approved ,by, the p ty Engineer. The ordinance allows flexibility to deal with the drainage issue on a case by case basis approved by the City Engineer. The existing city ordinance did not provide this fl exi bil ity. Harold Evans, 5801 Annapolis, expressed, his 'jnterr=st in the preservation of large trees. A new house was built next door to him and there was a tree with a trunk about 18" in diameter. It was not on the 1 is t of qua 1 i fi ed trees. The contractor cut the roots on one side so badly that the tree died. Mr. Evans thought any tree with a 18" diameter trunk was a tree worth saving. Mr. Regular City Council Meeting, June 24, 1991 Evans further stated that any tree over 8" to 10" in diameter adds l-'" to our neighborhood and to the qual ity of 1 He. , Jim Durba, 2910 Wroxton" stated he buil t a new home about two years ago and constructed the driveway in accordance with the city's regulations. The driveway construction killed a tree on his lot. Mr. . Durba suggested the city consider requiring a permit when a home is constructed documenting any trees larger than"x" number'of inches. The trees, wQuld be ins,pected by a tree expert and the property owner notified if the tree needed treatment or if ,the tree was all right. The property owner would be responsible for the care, of the tree. Mayor Johnson suggested the Certificate of Occupancy was a vehicle ,of enforcement and could be used to. enforce treeprot~ction. INTERVIEW OF INTERESTED. CITIZENS FOR VARIOUS 80ARDS AND ,COMMITTEES: Mayor Johnson announced that City Council would begin interviewing volunteers for the various boards, commissions and committees on Tuesday, July 99 and would continue on every Tuesday and Thursday, through July 25, 1991. The deadline for receiving applications would be July 311. TREE PROTECTION AND PRESERVATION: Linda Day, 4224 Lehigh, gave a slide presentation of a tree [ survey she had done with the help of Diana Freeman. The presentation showed dead or dying trees which were killed by construction and trenching for water, and sewer lines. Linda Day urged City Council to consider a flexible tree ordinance to provi de protect:i on of the trees on whatever property they are located. Ms. Day suggestedCounci.1 consider employ,ing an Urban Forester to prOVide assistance to the Engineering and Construction Department to provide protection to trees duri ng constructi on of new homes. Diana Freeman ,reviewed the tree survey and gave statistical information on the number 'of trees killed by construction. Eric Beckers, with the Texas' Forest Service, distributed information from the Small Business Administration relating to tree planting. I Mr. Beckers reported, the federal' government had a program for tree preservation. Mr. Beckers presented a Texas ReLeaf Book to the Mayor. , Jeff Jordan, 2804 Nottingham, suggested the City Council consider employing a City Arborist (Urban Forester). Mayor Johnson askedH any photos had been taken showing what the builders have done to protect trees. The Mayor encouraged thought be given to protecting the existing trees as well as planting new [... trees. . .. Regular City Council Meeting, June 24, 1991 , Mr. Beckers suggested that. each tree must be approached separately and judged on its age, condition, and its location in reference to the house. Ms. Day stated she would like to see all trees protected and she suggested that it begin when the builder applies for a permit. ..Fe. Reid Wilson stated the city has some tree protection language in the existing zoning ordinance and building regulations. He suggested the city could enforce what is in the ordinances now. Dorothy Reiger thought >the City, Council needed to see that the ordinances of the city are enforced. ' Buddy Bell suggested City Council consider hiring a tree person on a reta i ner. He wou 1 d li ke to see more protection for trees in the side setback areas as 'well as in the street rights-of-way. Mr. Bell further suggested that the city get tough with Houston Lighting & Power Company on tree trimming. Chuck Gillan stated he needed to get some trees cut down that were damaged by the last freeze 'and suggested the city provide this service for trees in the rights-of-way. Mayor Johnson advised that service would. be very expensive to the city~ Art Hirdler,6416 Community, suggested the residents let the trees grow up from sprouts. Linda Day' s'uggested that the city had access to legal talent in Austi n, Jim Rhodes, for assistance, in . writing an ordi nance if Council wished to pursue the issue. RECYCLING COMMITTEE REPORT: Linda Brannen, Co-Chairman' of the Recycling ;Comm,ittee, reported the committee's recommendations for the continuation of recycling in the city. The committee recommended: (3) The 'implementation of a garbage usage fee: ' ,Charge citizens a fee per bag of garbage 'over', the amount' :all owed monthly. Stickers could be issued with the monthly water bill. If additional stickers are needed they could be purchased at City Hall or by mail. Recommended rate would be $1.00 each with" increases as tipping ,fees', i'norease.The intention here is to reward those who diminish their amount of garbage. Improve Milton Drop Off Site: It is an eyesore and nuisance especially on the weekend. . The City needs to maintain and serv'ice itmor~ often to :avoid.this.,problem. ' City, Compost' -Facility: .".Start 'composting, at our landfill site. Pick up citizensr'tre~rimbs as needed and use chipper tru~k at lindftll to assist'in composting. (1) (2) .....- Regular City Council Meeting, June 24, 1991 (4) Yard Waste: Educate :publicto compost their own grass l- clippings and leaves. (5) Recycling Bins at City Parks: Needed at Colonial Park and. Community Building. Be sure they are, maintained and patrolled. Ordinance enforced for anyone thafmisuses or (Jestroys these bins . (6) Expand Recycling' Sey.;vice: Start, including, other items. Cardboard, Bi-metals, Marketable paper (business and computer paper).' Please note.that Champion de-inking plant will be warehousing paper early in 1992. They will be needing a great amount of paper! (7) Household Chemical Waste Day. There is new legislation on ,household chemicals that will go into effect some time this year. (8) Education: Continuous information on the recycl ing program shou,ld be disseminated.:; The Recycling and Solid Waste Committee should write a monthly column for the City Currents. (9): Keep Solid Waste Departm~nt in Place: Don't privatize. (Ms. Brannen stated the committee recommended the city wait until EPA guidelines were, in effect before making this decision.) , [ (10) Accounting Date: Accurate and timely accounting data should be given to the Recycling commi1;tee of the monthly volume of material recycled. (11) Conti nue Efforts Begun: Conti nue effort~, begun by the Recycling Committee over the past 2 years. Including: Recycling Fair (both Spring & Fall )/yard Signs/Semi annual doorhangers. (12) 20th Anniversary Celebration: 1992' is the 20th anniversary of recycling in West U. The committee thougHt a city wide celebration would be appropriate. ORDINANCE RELATING TO SITE DRAINAGE: Mayor ,Johnson presented Ordinance Number 1400 and read the caption, as follows: ORDINANCE NUMBER 1400 AN ,ORDINANCE RELATING TO BUILDINGS, , STRUCTURES, CONTRACTORS AND RELATED, REGULATIONS; AMENDING SITE DRAINAGE REQUIREMENTS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; .AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. [ Regular City Council Meeting, June 24, 1991 Copies of Ordinance Number 1400, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Mayor Johnson invited comments from City Council. Councilmember Lang asked if the ordinance would eliminate the complaints about drainage and would it be uniformly enforced. City Engineer Brent Sherrod explained that it takes 6 - 8 months to build a house and the city can not expect to see immediate relief. However, ever the next year the city should see improvements. The ordinance provides enough flexibility so that each lot should drain from the back to the front. Counc,ilmember Kelly suggested that enforcement be uniform and tough. If city staff errs, err on the side of enforcement. If builders or property owners complain, they can come to City Council. Councilmember Duke expressed his concerns with inconsistent application of the city ordinances. 'Staff shou,ld be fair and positive. Mike Tanner explained that it i's a simple ordinance that does not lend itself to misinterpretation. Counci lmember 'tang'suggested that when the .city gets ,a number of comp 1 a i nts it shoul d be reported in the City Currents. Motion was made by Councilmember Lang, seconded by Counci lmember Duke, that City Counci 1 adopt Ordinance Number 1400 on second and fina 1 reading as presented.:.: , Voting Aye: .Voti ng No: Abs'ent: Mayor Johnson, Councilmember Kelly, Duke, Lang None Counc ilmember' Jen Idns ORDINANCE RELATING TO SMOKING IN PUBLIC PLACES: , J '--j Mayor Johnson presented Ordinance., Number 1403 and read the captio~~ as follows: ,ORDINANCE NUMBER 1403 AN ORDINANCE RELATING TO SMO~ING AND TOBACCO; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSlTY PLACE, TEXAS, TO PROHIBIT THE POSSESSION OF, A BURNING TOBACCO PRODUCT AND THE' SMOKINGr OF TOBACCO UNDER.. CERTAIN CIRCUMSTANCES; PRESCRIBING, Ai PENALTY; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. 'Copies of Ordinance!. :Number ,1403, in the form required for adopti on, were ava Hab 1 e to a 11 members of C,i ty Counci 1 and a ..... --- , Regular City Council Meeting, June '24, 1991 reasonable number of additional copies ava,ilable to interested citizens present. [ , Councilmember Duke recommended language be inserted in Subparagraph (d) that would Better define the designated smoking area so' that, far! example; a restaurant owner could not specify the entire restaurant as a'.designated smoking area. City Attorney Jim Dougherty offered the following language be added to Subparagraph' (,d.)::; iA person; owning or 'having possession or control of ,a place subject to this section shaH not permit or allow the designation of' a smoking area which is larger, proportionally, than the number of persons normally requesting a smoking area in that place. City Council acceptedi'the proposed amendment. Motion was then made by Counci lmember, Duke, seconded by Counci 1 member, lang, that Ordinance Number 1403 be, accepted onfirstreading'as amended. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang None Counci lmember.Jenkins REPORT RELATING TO DEMOLITION OF HOUSES: In response to complaints 'about house demolitions in the city, the G ~~~ 1i :;"~nl noerbu i ~~~~~;~edHi :r:::~;:i n~ ~~~~~g~he t~o Jl~~~~~ te the ~ (1) Building Demolition (1) It shall ,be the duty of the permittee, at the time required by this sub-section: a.To remove ,and properly dispose of the building and all equipment, slab, porches, beams, rubble, steps and other' debris resulting from the demol ition of any building; b.To grade the surface of all ground occupied by the building'demolished or otherwise affected by the demolition, such grading to be accomplished so that water wi 11 not accumul ate and the ground can be mowed with ordinary domestic lawn mowing equipment. (2) The remova19 disposal 'and grading shall be commenced by the permit,tee as soon as practicable after the demolition has begun and must ,be prosecuted diligently to completion by the permi ttee. In a 11 cases, the permi ttee must notify the building' official when'. he begins the demolition of the structure, 'and complete the removal, disposal and grading on I or before the tenth day following the day the demolition is ~ begun. It is an affirmative defense to prosecution for a delay in: completion that inclement weather prevented the Regular City Council Meeting, Jun~ 24, 1991 completion and diligence was used to ~omplete the work at the earliest practicable time. Existing regulations for demolition permits are effective until noon on the 60th day following the day of issuance. This language would require the site be left in a condition that it could be mowed and maintained with no additional standing water within 10 days, allowing for rain days. Mr. Tanner suggeste~ that if the recommendation of the City Engineer was acceptable to Council, staff could draft an ordinance for Council1s consideration at the next regular meeting. City Council was favorable to the preparation of an ordinance and instructed the City Manager and City Attorney to prepare an ordinance reflecting the recommendation as submitted. REPORT ON OUTSTANDING WARRANTS: Mike Tanner explained that at the last meeting, Councilmember Jenkins requested an explanation of the city's outstanding warrants. Chief' of Police Steve Griffith submitted a report to Council on outstanding warrants. Currently the:officers are working with 490 outstanding warrants. Officers are paid overtime to work these warrants. However, the 490 did not include old warrants which the court has stated they intend to purge or warrants that have not yet been signed by the Judge. Chief Griffith suggested a volunteer warrant program could be initiated. Accepted volunteers would come into the, station and spend time calling people who have outstanding warrants. Many ti mes the volunteers wi 11 have to call severa 1 employers or apartment complexes to find out where a :violator currently works or resides. ,Once theviolatori ihas ,been contacted and told by the volunteer that a warrant is outstanding, the warrant is turned over to a po 1 ice offi cer. Thi s plans saves the: poli ce offi cer valuable time by not having to "track down II violators. If the violator does not pay his or her outstanding warrant.,: after the initial contact, the officer, upon a second Contact, can either set a definite time frame for paying the warrant 'Or can go make a physica r arrest. Chief Griffith 'reported that this program, once implemented, would be successful in handl ing the backlog of warrants without additional overtime or salary expense to the city. Mayor Johnson stated he was not in favor of the process and thought the Police Department and the Court Clerks should try to collect on the warrants. Mr. Tanner responded that this was not something for which he and the Chief of Police felt strongly. The Police Department was Regular City Council Meeting, June 24, 1991 City Manager Mike Tanner explained the need to repair the Scout House was recognized in 1989. The 1990 Budget included $5,000 to replace its roof. Repair was discussed but investigation of the 1947 structure indicated repair would be far more extensive and expensive than previously thought. The previous City Council directed the staff to bid a new log structure and, appropriated $65,000 at its February 11, 1991 regular meeting ($6,550 had been included in the 1991 Budget). Construction ofa log Scout House was formally bid. Invitations to bid were published in the newspaper an~ mailed to 4 companies. The pre-bid conference was attended by representatives of 4 companies. However, only one bid was received from Patak & Poole Inc., in the amount of $93,110.00. The bid meets or ,exceeds bid requirements. The city appropriated $71,550 to construct a new log Scout House. Another $24,560 ($3,000 for ,demolition and $21,560 for new construction) will hav_e to be appropriated if it is the desire of the City Council to accept the Patak & Poole bid and proceed. Mayor Johnson stated he did not want to give up the Scout House site and suggested that time be spent to determine what it would cost to rehabilitate the building. Mr. Tanner reported that 18 separate scout groups use the Scout House for meetings. [ After further discussion, City Council generally agreed that staff should redesign the bujlding and re-advertise for bids. 1986 BOND ISSUE: Consideration was .given to the 'invoice in the amount of $149,325.00 submitted by First City Bancorporation of Texas for Interest due on the 1986 Bond Issue. Motion was made byCouncilmember Duke, seconded by Councilmember Lang, that Ci ty Counc il approve for payment the i nvoi ce in the amount of $149,325.00 for, interest due on the 1986 Bond Issue. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang None CouncilmemberJenkins [ Regular City Council Meeting, June 24, 1991 PURCHASE AND, INSTALLATION OF FENCING FOR THE MILTON STREET PARK PROPERTY: Consideration was given to award of contract in the amount of $3.306.24 for the purchase and installation of a cedar wood fence for the Mi lton Street ,Park Property and to. authori.ze the Ci ty Manager to execute the contract on behalf, of the city. Mr. Tanner reported that the Parks Board recommended the fence be constructed. It is part of the park plan for that site. The Parks Board members wanted' to establ ish a uniform fence in the rear and side property lines. Counci 1 member Duke stated he woul d prefer to put something on the site that kids can play on and suggested Council .reject the bid and wait until the plans for the proposed park site are finalized. Motion was made by Counci lmember Lang, seconded by Counci lmember Duke, that City Council reject the fence bids until such time as the plans for this site are finalized. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang None Councilmember Jenkins Councilmember Duke suggested the City Manager advertise for formal bids to get the Milton Street park site ,cleaned up. Councilmember Kelly recommended Council consider dedicating the property as park land as soon as possible~ 1991 AUDIT SERVICES: Cbnsidera'tion was given to approval, of the Audit Selection Proposal List for Atidit,Services for the 1991 Audit. Finance Director Donna Sims reported that three smaller firms that have a significant number of governmental clients were added to the 1 i st. Price' Waterhouse a:nd, Company was removed due to a potential conflict of interest and Grant Thornton and Arthur Andersen were also removed from the 1 i st previously submitted to Counci l.' i_ Motion was made by Councilmember Duke, seconded by Councilmember Lang, that City Council approve the Audi,t Selection Proposal List as submitted and 'authorize the Fi nance Di rector to adverti se 'Reques tsfor Proposals. ." Voting Aye: , Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang None CouncilmemberJenki ns Regular City Council Meeting, June 24, 1991 WATERLINE REPLACEMENT ON WEST POINT, ACADEMY, AMHERST AND BlSSONNET: Consideration was given to the following submitted by Reliance Construction, Inc. (al . Monthly Estimate No. 2 in the amount of $99,454.93 for work performed May 1 through May 31 , 1991 on the water line replacement project on West Point, Academy, Amherst and Bissonnet; and (b) Change Order No. 1 in the amount of $176.00 for required minor field changes. Motion was made by Councilmember Kelly, seconded by Councilmember Lang, that City Council a,pprove for payment Monthly Estimate No. 2 in .the amount of $99,454.93 and approve Change Order No. 1 in the amount of $176.00 submitted by Rel iance Construction, Inc. Voting Aye: Voti ng No': Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang None Councilmember Jenkins ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: l Consideration was given to the invoices totaling $14,133.73 ~~ r.'~;~e~ r~I ec\~~g ford Eng; neer; ng .J nc .. for the fo How; ng u t; 1 ity lli Invoice No. 6482 in the amount of $4,001.08 for Surface Water Line to Milton Street Water Plant; Invoice No. 6484 in the amount of $2,310.03 for Priority Area 2-B Water Replacement (Water Priority Area 2-B is from Wroxton to University and Kirby Drive to Wakeforest) ; Invoice No. 6485 in the amount of $1,369.97 for the Wakeforest Water Plant Expansion; Invoice No. 6463 in the amount of $1,157.23 for the 10" Sanitary Sewer Replacement in Easement of Emory and South Judson; and 'Invoice No. 6464 in the amount of $5,295.42 for Priority Area No.3, Sanitary Sewer Renovations (Sanitary Sewer Priority Area No. 3 is West University Place First Additi on). Mr. Tanner stated the invoices had been reviewed by staff and he recommended them for 'payment. (a) (b) (c) (d) (e) Motion was made by Counci lmember Lang, seconded by Counci lmember Duke, that City Council approve for payment the invoices submitted by Langford Engineering Inc., as listed. ~ Regular City Council Meeting, ,June 24, 1991 1 J Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang None ''> " Councilmember Jenkins WASTEWATER TREATMENT FACILITY 24" OUTFALL LINE: Consideration was given to the invoice in the amount of $3,265.00 submitted by Bearden Contracting Company for final payment of the 10% retainage for the Repair on the 24" Outfall Line at the Wastewater Treatment Plant~ Staff reported that the fi~al cleanup and replacement of the asphalt jogging trail was completed and the restoration of the right of way accomplished. Motion was made by Counci lmember Duke, seconded by Counci lmember Kelly, that City 'Council approve for payment to Bearden Contracting the 10% retainage in the amount of $3,265.00. Voting Aye: Voting No: Absent: < Mayor Johnson, Councilmembers Kelly, Duke, Lang None ' Councilmember Jenkins REPAIRS TO WATER WELL #8: J Consideration was given to Invoice No. 5316-4 in the amount of $62,306.59 submitted by Texas, Water Wells for the repair and cleaning, of Water Well '#8... ' , Staff recommended the l,irlVo,ice for ,payment. The well has been in operation for over one month and there have been no failures to date. I Laboratory analysis indicates that the iron bacteria is not active and the plate count is less than 1. Motion was made by Councilmember,Kelly, seconded by Councilmember Lang, that City Council approve for, payment the invoice in the amount of' $62,306~'59 submitted by Texas Water Wells for the emergency repair and cleaning of Water Well #8. Voti n'g Aye: Voting No:, Absent: Mayor Johnson, Counc,ilmember Kelly~ Duke, Lang None" , Councilmember Jenkins CITY COUNCIL MEETING MINUTES: [, , , Consideration was given to the minutes of the following city council meetings:-' l .-J (a) Joint Public' Hearing ,before the Zoning and Planning Commission and City Council on May 28, 1991; (b) City Council Workshop,Session on June 8, 1991; and (c) City Council Regular Session on June 10, 1991. Regular Ci ty Counci 1 Meeting, ,~une 24, 1991 The minutes of, the Joint." PubHc Hearing on May 28, 1991, were ,- previously approved by Council on June 10, 1991. Since that time, Reid Wilson, Chairman. ,of the Zoning and Planning Commission, t suggested amendments, none of which were substantive. They are as follows: On Page 5: , Bill Bomar, 2611 Carolina, ~xplained he ,owned three lots plus 15 feet or 165 feet ,of proper,ty. There are three houses directly across the street from him which sit on probably 175 feet of property. Mr. Bomar stated he had no intention of doing anything if he ever sold the', house other than to sell it with the hope that it would remain one building site. However, we already have lots of houses on lots of property in this area. Mr. Bomar wished to know how many pieces of property would be affected by tttis,. ordinance., +t:le A J response .was from the audience . (Gordon Smith) stated there were 16buildingc sites that would be affected. Mr. Bomar wOlJld like to se~ Pemberton stay the way the rest of the city is. It would never be his intention to sell his prope.rty to a developer to build three houses on it. But, if some catastrophe happened to him t he, mi ght change hi s mind. He did not think it would be .good business for him to support the ordinance in light of the circumstances. On Page 6: ~~~ .~~~~~~ :~opnl~en~i~~d c"o:iasisni~O~ tStdt :~: ;:~f~fi1:t:~~r=:~e t~~ ~,. Bates property, but the proposed ordinance . wou1 d not have any t impact on those three lots since it appeared there were a 1 ready sep'arate ubuilding,si.tes" at the, current tlme. Special,; Counsel, Bill Olson explqined the proposal that was before this meeting would not change the zoning ordinance for the determination of what is a building site. It is clear that the proposedordi nance ,as it ,is ~ritten, does not go into affect until ten days after its .puplication. These three lots would not be affected by the proposed change ~R ~t:le ~esieeR~~a~ e~s~~~e~ to Pemberton Addition. Reid Wilson explained that Zoning Ordinance Section 5-101 states that when there is a situation where there is nothing on a piece of property, the ~~el3e~~y, '. "building site" defaulted to what was platted. SectlOn 12..102 of the Lomng Ordinance deals with prior nonconformities and would apply to any change to the zoning ordinance in the future. He did not believe there was any way the proposed new zoning district would have any impact on the particular property on Barbara Lane owned by Mr. Bates. . Gordon Smith, 2640,' Barbara Lane, was in favor of the Bates property: being divided into two. bui lding sites, but not three. ~"'.."'.""""'.' Mr. Smith reported that the petition requesting the zoning change .... was signed by 95% 175%?1 of the neighbors. Regular City Council Meeting, June 24, 1991 J' ~'-<.-r ~<.;t On Page 7: Reid Wilson explained that deed restrictions are a matter of private contract. The ,city does not enforce deed restrictions because the city has, zoning ordinances. The city pays attention to deed restrictions and work with surveyors and title companies to the effeet we, aFe extent city staff is aware of the existance of the deed restrictions. On Page 7 and top of Page 8: Bernie Minard, 2639 Pemberton, spoke in favor of the rezoning. He did not want to see the subdivision divided up into many houses and accepted written comments submitted by Jean Boehm, Pam Michna, Elizabeth Hutchins and Teresa Fogler. Mr. Wilson acknowledaed receiot of the oetition from Pemberton residentssupportinQ the proposed rezonina which has 168 signatures. Page 8: W4t~ Re f~Ft~eF ~~54Re55 te ee~e ~efeFe t~e, ~e4Rt P~~14e HeaF4R~~ Re4~ W4~5eR ~ee~aFe~ t~e ~~~~4e ~eaF4R~'a~~e~FRe~~ - City Council accepted the amendments submitted by Mr. Wilson. g j Motion was made by Councilmember Duke, seconded by Councilmember Kelly, that City Council approve the minutes of the Joint Public Hearing on May 28, 1991, as amended by Mr. Wilson and approve the minutes of the Workshop Session on June 8, 1991 and the Regular Session on June 10, 1991 as submitted. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmember Kelly, Duke, Lang None Councilmember Jenkins COUNCIL COMMENTS - DISCUSSION ONLY: Mayor Johnson requested City Counci 1 cons i der ho 1 di ng a workshop on Monday, July 1, 1991, to discuss the ground water storage tanks and perhaps another item. Langford Eng i neeri ng I nc., wou 1 d be present to bring Council up to date on the project. Councilmember Duke requested an appointment with Mi ke Tanner to visit the Westpark property site for a visual inspection. They agreed on Wednesday, June 26. STAFF REPORT: J City Manager Mike Tanner reported an accident this afternoon. One of the city utility trucks struck an All Star Team Player. However, the truck was going at so slow a speed the child was not badly injured. It appeared the child darted out in front of the truck. Regular City Council Meeting, June 24, 1991 ADJOURNMENT: With no further business to come before City Council at this time, motion was made byCounci lmember Lang, seconded by Counci lmember Kelly, that the regular session adjourn. Such motion carried and the meeting'was adjourned at 10:35; p.m. ~~ City Secretary ,Whitt F~ Johnson Mayor [ [ ( CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 1, 1991 MUNICIPAL BUILDING , 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday July 1, 1991, with the following members present: Mayor Johnson, presiding; CouncilmembersDuke~ Jenkins, Lang. Councilmember Kelly was absent. Also present were the City Manager and the City Secretary. DISCUSS AND CONSIDER GROUND STORAGE RESERVOIRS AT WAKEFOREST PLANT: Ivan Langford and Di eter Ufer, representi ng Langford Engineering, Inc., were present. Bob Simpson, Deputy Director of Public Works - Utilities, was present. Mr. Ufer explained that the criteria for judging the adequacy of a city's water distribution system wasestabl ished by the Texas Department of Health Resources and the Texas State Board of Insurance. The city's design was based on a population of 15,000. The established general criteria for water distribution systems' for a population of 15,000 is stated as: a water supply system for housing plus fire protection shall have a capacity of 130 gallons per minute per person per day.,: Ground storage capacity requirements are 130 gallons per person per day and elevated storage capacity requirements are: 54.2 ga]1ons per person per day. The city has two water plants. This. project was designed to bring the Wakeforest plant up to the standards of the Mi lton Street Plant. Other sites for a water plant were considered. However, it was decided to develop the Wakeforest Water Plant to a full system plant and 'not to encumber-other, property in the city because of the value of the property. It is all related to the subsidence district,r~quirements which were created by the State legislature to get people off well water and on to ground water. The city will be required to use 80% surface and 2Q% well water by mid 1994 or as soon thereafter that the City of Houston can prove their lines are 100% full of surface water. ,The eXisting 220,QOOgallon storage tank will be inadequate to meet! the ,city's needs Jor; water ,distribution and fire protettion. , . The' study to automate the Wake;forest Water Plant reveal ed the total existing 750,000 elevated storage tank capacity was short of the accepted criteria. The construction of the 500,000 gallon elevated storage tank at the Wakeforest Plant is near completion and should go on stream in mid August., Staff considered it was City Council Workshop Session, July 1, 1991 appropriate to consi~er proceeding to the next step of the r,.,.,. Wakeforest Plant Expansion Project. L Step 2 of the project calls for the removal of the small 220,000 gallon ground storage ,tank and the construction of two 500,000 gallon tan.ks. Plans and specifications were complete and the project ready to be bid. Mayor Johnson questioned the wisdom of locating the two 500,000 gallon tank on the proposed site and the capacity of the tanks. He had cons i dered a one mill ion gall on reservoi r rather than two 500,000 gallon tanks and locating the tank across the street from the el~vated tank site. City Manager Mi ke ,Tanner reported that staff di scussedthe singl e ground storage tank and a separate site on the east side of Wakeforest. At staff level, the suggestions were el iminated. It was not cost effective to go to the east si de of the Wakeforest site without having a plan in mind plus there would be additional costs associated with the redesign and additional piping frOm across the street to and from the well site. Staff believed that' which was proposed was the best plan. One reservoir would not allow for maintenance of the tank, but with two tanks the city can maintain one at a time. Mr. Tanner further explained that the 1988 Bond Issue covers the expense of the project. [ After further discussion, motion was made by Councilmember Jenkins, seconded by, Councilmember Lang, that authori zation to adverti se for bi ds for constructi on of. the two 500,000 gallon ground storage tanks includiilgremoval of the existing tank be ,placed on the July 8, 1991 regular agenda for Council action. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmember Duke, Jenkins, Lang None Councilmember Kelly DISCUSS AND CONSIDER PlANS. FOR PAVING RICE BLVD. FROM BUFFALO SPEEDWAY WEST TO AUDEN STREET: Mr. Tanner explained that funds were made available through METRO' spl an to improve .genera 1 mobil ity throughout the Houston area. Originally the city chose to have improvements done on University Blvd., but it was determined that University did not need ~he improvements. Rice Boulevard was selected as an alternative street because of its .condi tion. The city entered into an agreement with METRO to improve Rice Blvd. METRO agreed to pay for 50% of the amount of the project not to exceed $215,000. However, any overruns would be the city's obligation. The agreement was for an overlay project with some curb and gutter work and storm inlet replacement. Mr. Ufer reported the city authorized Langford Engineering to prepare plans and specifications to do an overlay of a portion of Rice. The project does not involve new construction and will [ City Council Workshop Session, July 1, 1991 produce a cosmetic improvement with a structural life of approximately 7 to 9 year-so The project does not include any street base work. Sewer line renovations on Rice were considered to be approximately 7 years in the future. After consulting with a tree expert, it was determined that there would be approximately $12,000 worth of tree pruning to accQmplish the improvements. There are many trees along Ri ce whi ch have grown so large there 'is not room to replace, curbs and gutters without cutting roots. In some cases, the tree roots have grown over the curbs. The city wi II lose a number of trees and others, will be damaged during construction. Mayor Johnson reported he had visited with representatives from METRO and they conveyed to him that the city may be able to select an alternative street. The METRO money was available and if the propos,ed street can meet METRO's Qualifications for improving mobility, it could be considered favorably by METRO. During the discussion, consideration was given to the possibility of placing sewer line renovations on Rice Blvd. as top priority. Mr. Simpson explained that the houses in the area south of University and west of Auden to and includtng 'Community Drive were in critical need of sanitary sewer line renovations. Staff could not recommend that the Rice Blvd. sewer 1 ines be renovated before this critical area. Should Council decide to consider a new bond issue, staff would recommend theUniversity/Auden/Community area as top priority. City Council discussed the need to improve other streets and generally agreed it should be pursued rather than proceeding with the Rice paving project. Mayor Johnson requested Mike Tanner have traffic counts conducted, select a street where sewer 1 i nes have been completed and schedule an appointment with METRO to discuss these issues. If a decision can be reached, ask Langford Engineering Inc. to prepare an estima;ted cost of construction. ADJOURNMENT: With no further business to: come before City Council at this time, mot i on was made byCounc ilmelTlber Duke, seconded by Counc i 1 member 'Jenkins, that the workshop adjourn~ Such motion carried and the meeting was adjourned at 10:15 p.m. Whitt F. Johnson h 4cLJ. Audrey Ni oTs Ci ty Secretary Mayor, CITY COUNCIL WORKSHOP SESSION MONDAY" JIJL Y 8, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard5 in. the City of West University Place, on Monday, Ju ly8, 1991" with the, following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Also present were the City Manager, City Secretary, City Attorney, Director of Finance and Administration, the Fire Chief and the City Engineer. DISCUSSION ON PAYMENTS TO VENDORS, SPECIFIC EXPENSES: Councilmember Jenkins led the discussion relating to payments to vendors. He expressed concern for the number of refund checks issued for recreation classes. Donna Sim,s explained the city's policy which was to refund the charges less a $3.00 administration fee if the regi strants cancelled before the class begi ns. However, the majority of the refunds were because the classes were cancelled because of low registration. Councilmember Jenkins suggested staff review the process to make it more efficient. Counc,;lmembe,r Jenkins expressed concern for the number of nonresidents using the city's recreation program. Councilmember Lang reported that the nonresidents helped support the jazzersizeand aerobic classes, so that there were optional times residents could attend. This was convenient for the residents and would not be possible if it were Jimitedto only residents. Councilmember Jenkins was, disturbed because the city hired a we 1 der from Crosby, Texas, ,rather than ,use one closer to the city. City Manager Mike Tanner explained that the city used a mobile welder, one that could be here immediately. Councilmember Jenkins commented on expenditures at a local hardware store and the number of different printers with whom the city does business. He suggested the city see if they can work an agreement with the hardware store for a di scounted pri ces. It was explained that the printing business is very competitive. City staff takes Quotes from 3 printers on each and every print job and contracts with the lowest bidder. The lowest Quote varies from job to job. [ [ [ City Council Workshop Session, July 8, 1991 CouncilmemberJenkinswas concerned over the expenditure for a tow truck at the landfill. Mr. Tanner explained the landfill equipment was towed for necessary repair. Councilmember Jenkins reported he visited the water well site on Wakeforest and found the building unlocked and the electrical panel doors open. He was concerned for the security of the construction site. Mr. Tanner agreed to report back to Council on the security of the site. Councilmember Jenkins reported there were 28 beepers in the city and thought that to be too many beepers for a city the size of West University Place. He thought it diluted responsibility throughout the city. Mayor Johnson reported there were water bill refunds for over $1,000. He thought this to be a serious problem which should be corrected. Mayor Johnson thought there were too many expenses for repairs, technical equipment and reproduction equipment. He recommended concentra t i ng efforts on reduc i ng expenses, conso 1 i dati ng expenses and vendors. He- questioned the necessity of using a software programmer from Fort Worth. It was explained that the programmer was the nearest available person knowledgeable of the Munis System software the city was currently using. REPORT ON HOUSE DEMOLITIONS AND VACANT LOT CLEANUPS. INCLUDING SPECIFIC ADDRESSES AND ACTION TAKEN: Fire Chief Terry Stevenson reported that 75 residents had been notified of high weeds and grass violations. Sixty had been satisfied. Only about 10% were repeat offenders. Approximately 7 to 9 citations for high weeds and grass were written. Chief Stevenson reported the procedure for handl ing violations was to ca 11 the vi 01 ator and send a 1 etter. The property owner had 10 days to correct the situation. If it was not corrected, a citation was issued and the property mowed by the city and a lien placed on the property. CouncilmemberDuke suggested cooperation within the various city departments would help locate the problem sites. Mike Tanner explained the Fire Department was responsible for enforcing the health ordinances as high weeds and grass could be a fire hazard. It was also for better utilization of man power. House demolition was the Fire Department's responsibility for the same reasons. The Fire Department was currently working on a survey of each lot in the city to" identify the location of dangerous structures. City Council Workshop Session, July 8, 1991 REPORT BY CITY MANAGER ON JULY 20TH ORIENTATION DAY: Mr. Tanner reviewed the draft schedule of activities with City Counc i 1 . I t was agreed to proceed as proposed. Mayor Johnson requested that all 'rolling stock be on exhibit. ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 7:30 p.m. Whitt F. Johnson Mayor ~eU Audrey Ni ls" City Seere ary . . [ L [ REGULAR CITY 'COUNCIL MEETING MONDAY, JULY 8, 1991 MUNICIPAL BUILDING 380a UNIVERSITY BLVD. 7:30 P.M. **************************************** City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, July 8, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Also present were the Oity Manager, City Secretary, City Attorney, the Director of Finance and Administration and the City Engineer. Mayor Johnson delivered the invocation and Councilmember Jenkins led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Johnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Margot Hellerman, 3905 Marlowe, spoke in favor of retaining the scout house and keepi ng it as it is. It is 1 arge enough for community troop meetings. If it is replaced or repaired, she would prefer the rough finish be maintained to accommodate scouting projects. Ms. Hellerman reported she thought the lifeguards at Colonial Park pool were not performing up to an acceptable standard. Pool discipline was not being adequately enforced. Ms. Hellerman expressed her concerns that the Po lice Department was not as friendly as they once were. The officers do not wave back when'residents wave at, them~- 'Also, she placed a ,call on July 3 'to confirm the time' the July 4 celebration would begin and was treated rudely by the dispatcher. CITIZENS RESPONSE TO AGENDA, ITEMS: Mayor Johnson invited residents' who:wisned . to address, a specific agenda item to speak at this time. Serpe 11 Edwards, Scout Master for the West U Methodi st Church Troop No. 266, spoke in favor of maintaining the Scout House. The Scout House serves a rea 1 purpose to the community a,nd is one of the few places available for Scout adult _ training seminars. Alternate sites were not acceptable' because there was not enough room available for the Scouts. Additional meeting space was critical. Carolyn Ireland, 6607 Edloe, a resident of Southside Place, spoke in favor of maintaining the Scout House. She has worked Regular City Council Meeting, July 8, 1991 with Scouts for many years ~nd thought the location of the Scout House was significant and promoted attendance at scout meetings. Bill Glazner, 3107 Quenby, spoke in favor of maintaining the Scout House at its present location. He suggested a joint venture might be possible with the City and the Boy Scouts for landscaping and clean up work. ~ The City Manager reported that the building could be strengthened and be a far better structure than it is now. There are problems with the structural members in the roof. Councilmember Lang suggested City Council visit the Scout House to see the condition of the structure before making a decision on whether to proceed wtth repatrsor replacement. Kyle Pentecost, 2606 Centenary, expressed his concerns with the bid price of $93,110.00 to replace the Scout House. Mr. Pentecost thought that $20,000 to $30,00 shoul d be adequate for repairs to the building. Mr. Pentecost spoke concerning the house demolition ordinance. He did not think 10 days completion time would be lo.ng enough to allow for dirt testing prior to new construction. It was explained that new construction would involve another permi t process. The purpose of thi s ordi nance was to address demolitions specifically. r I, 8 ORDINANCE RELATING TO SMOKING IN PUBLIC PLACES: Mayor Johnson presented Ordinance Number 1403 and read the caption, as follows: AN ORDINANCE RELATING TO SMOKING AND TOBACCO; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO PROHIBIT THE POSSESSION OF A BURNING TOBACCO PRODUCT AND THE SMOKING OF TOBACCO UNDER CERTAIN CIRCUMSTANCES; PRESCRIBING A PENALTY; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1403, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Councilmember Jenkins questioned the appl ication of section (c). City Attorney Jim Dougherty explained the language was from the state law and applied to other public places. It was his thought to have the language in th~ ordinance parallel that in the state ~~~;anceT~~ t~:t~~b~~~h~~~~es~qu;pment would be placed at every ~ Regular City Council Meeting, July 8, 1991 J Motion was made by Councilmember Jenkins, seconded by Councilmember Kelly, that Ordinance Number 1403 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None ORDINANCE RELATING TO BUILDING,DEMOLITION: Consideration was given to the first reading of Ordinance Number 1404. Mayor Johnson read the caption, as follows: ORDINANCE NUMBER 1404 AN ORDINANCE RELATING TO' BUILDING DEMOLITION; CONTAINING RULES, REGULATIONS AND dPROCEDURES; 'AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. l --' Copies of Ordinance Number 1404" in the form required for adoption, were available to all members of City, Council and a reasonable number of' additional copies available to interested citizens present. , Counc i 1 member Du ke commented the ord i nance was genera 1 enough to allow some flexibility. He .thougbt thatif,the ordinance was too tight, it could create loop holes for the builders. If the builders have. problems they-can meet with city staff and work them out. Councilmember Kelly commented he did not think competent builders would have any problems with the ordinance. A few bad contractors made it difficult. on everyone. The city was going to make it real tough on the bad contractors. The enforcement, was goi ng to be strict. City,Council1s message to all city departments was strict enforcement. - i The City Attorney pointed out that for grammatical reasons the word lito II needed to be added to subparagraph (1) so that it wi 11 read: II It shall be the duty of each permittee ,under- a demo 1 iti on permit, at the time required by this sub-section to:" Moti on was made by Counci lmember Duke, seconded by Counci lmember Jenkins, that Ordinance Number 1404 be accepted on, first reading with the grammatical correction suggested by the City Attorney. l J Voting Aye: VbtingNo: Absent: Mayor Johnson, Councilmember Kelly, Duke,; Jenkins, Lang ,None ; None Regular City Council Meeting, July 8,1991 WAKEFOREST WATER PLANT GROUND STORAGE RESERVOIRS: [ Consideration was given to authorize advertising for bids for the construction of two 500,000 gallon ground water storage tanks and demolition of the existing 220,000 gallon ground storage tank. Mayor Johnson explained that at one time he thought it ill advised to build two reservoirs on the site, but after visiting with the City's Consulting Engineer and City Manager he' changed his mind. The proposed location is more acceptable and more economical. City's Consulting Engfneer"DieterUfer presented the plans for construction of the two 500,000 gallon ground storage water tanks and revi ewed them with Counc i 1. Mr. Ufer exp 1 a i ned the plans were complete and requested authorization to advertise for bids on phase 2 of the Wakeforest Water Plant Expansion Project. Phase 2 includes the demolition' of the existing 220,000 gallon ground storage tank. The 1988 bond issue authorited improvements to the plant. Mr. Ufer reported,that as soon as the elevat~d storage tank is completed, the water plant will be back in service but without the ground storage tanks. As an alternqte item, Mr. Ufer recommended Council consider authorizing the bidding process to include relocating the booster pump that is on the existing ground storage tank site to the elevated storage tank site and interconnecting the piping. Originally the booster pump ~~~a~~~~~u ~~~j ~~t ~e mf~e~o~ ~;l~~se c;s~f e;~:c~f~:f~~~S te::it~[e:i a~~ G,:,i',' move the pump as part of 'Phase 2. ~ Proceeds of the 1988 Bond Issue were discussed and the amount already expended considered. City Council requested clarification of the availability of funds for this specific project. Motion was made by Councilmember Duke, seconded by Councilmember Jenkins, that City Council authorize advertising for bids for the construction of two 500,000 gallon groundwater storage tanks including the demolition of the existing 220,000 ground water storage tank and the alternate booster pump relocation for the Wakeforest Water Plant. Expansion Project. Voting Aye: Mayor Johnson, Council members Kelly, Duke, Jenkins, Lang None None Voting No: Absent: SCOUT HOUSE REPLACEMENT: Consideration was given to staff's report relating to the demolitiori and replacement of~he Scout House. Staff reported that the city received a proposal in the tota 1 ~.".".,.".'"..". amount of $63,500.00 from Patak and Poole, Inc. to build the lli previously bid Scout House. This proposal would allow the Regular City Council Meeting, July 8, 1991 ~" :L r>l' ,,' : ,I structure to be built in accordance with specifications with the exception of the slab. was to be an engineered floating slab in lieu were originally required. the original bid The proposed slab of the piers that Most of the savings were due to the price of the logs which were from a di fferent supp 1 i er than the supp 1 i er on the ori gi na 1 bi d from Patak & Poole. However, the logs meet the original specifications and should provide an equally attractive and lasting log structure as the original bid. Since the proposal was within the budgeted amount and the materials and construction methods generally the same as the original bid, staff recommended awarding the contract to Patak and Poole, Inc., as revi sed by hi s proposal. The alternate log supplier was the same one the City Engineer talked to when he prepared the estimate. l J City Attorney Jim Dougherty considered the alternate proposal from Patak and Poole an informal bid and recommended that it not be accepted but to re-adver~ise for bids on the project. Councilmember Duke commented a small section of the population uses the building. He could not vote for rebuilding without broader support to bui 1 d the new scout house or unless the city couldget a higher utilization of the building. Councilmember Kelly thought that increasing utilization would place the scouts in competition for the space which was what the scout leaders wanted to avoid. {1 J Councilmember Jenkins suggested repairing the building rather than replacing it. Councilmember Kelly observed the slab did not meet city building code standards and he would have a problem approving the plans. He suggested staff get the cost of replacing the building using another foundation meeting code standards. M,ayor Johnson recommended that in view of the City Attorney's recommendation to ere-bid: the project, the need, for more detailed plans and specifications, the need to explore the, possibil ity of repairing' the building and a poss;.ble jo:int ventur.e,- that City Council not authorize advertising for bids con this project at this time. The Mayor further recommended Council authorize employing a competent person to determi ne what' the bui 1 di ng needs, to physically ins-pect the building and giveCounc,il an estimate. Councilmember Jenkins suggested the City Engineer be used for this study. Motion was made by Counci lmember Duke, seconded by Counci lmember Kelly, that City Council authorize the employment of a competent engineer and spend up to $500.00 for an engineering study to tell Regular City Council Meeting, July 8" 1991 Council what needs to be done to bring the scout house up to code. Voting Aye: Voting No: Absent: , : 1 . ,., . Mayor Johnson, Councilmemb~rs Kelly, DukE!, Councilmembers Jenkins, Lang None [ TENNIS COURT RENOVATIONS AT COLONIAL PARK: Cons i,deration was gi ven to the fi na 1 payment in the amount of $7,490.00 to Austin Te,nnis, Un;limited for completion of the resurfaci ng of the tenni s courts and replacement of wi ndscreens atC.o.1onial Park. City Manager, Mike Tanner recommended the invoice ,for payment. The original bid price awarded to,: the contractor was $8,090.00. However, it was determtned that the net post foundations would not have to be removed. This allowed for a $600.00 deduction so that the final invoice totaled $7,490.00. ,. , , Motion ,was made by Councilmember Jenkins, ,seconded by Counci 1- member Duke, that City Council approve for payment the invoice in the amount of $7,490.00 submitted by Austin Tennis Unlimited, Inc., for tennis court renovations at Colonial Park. Voting Aye: , Voting No: Absent: Mayor Johnson, Jenki,ns, Lang None None Councjlmembers Kelly, Duke, l L WAKEFOREST ELEVATED STORAGE PROJECT~ Consideration was given to Monthly Estimate No. 7 in the amount of $31,829.65 submitted by Pitt-DesMoi nes, Inc., for work performed April 27 through May 26, 1991, on the 500,000 Gallon Pedestal Type Elevated Storage Tank. Mi ke Tanner recommended thE! Estimate be approved for payment. The project was was 83.12% complete. The Estimate was reviewed and found to be in order. Motion was made by Councilmember Jenkins, seconded by Council- member Duke, that City Counci,l approve for payment Monthly Estimate No. 7 in the amount of $31,829.65 submitted by Pi tt-DesMoi nes, 'Inc., for work ,performed on the 500 ,000 Gallon Pedestal Type Elevated Storage Tank. Voting Aye: Voting No: Absent: Mayor JohnsQO, Councilmembers Kelly, Duke, Jenkins, Lang None None r L Councilmember Duke commented that if the contractornad a need to have access to the electrical Panel ,at ithe construction site, he should be responsible for proper mai,ntenance. Regular City Council Meeting, July 8, 1991 1990 AUDIT SERVICES: Consideration was given to the invoice in the amount of $10,000.00 for audit services in connection with the 1990 audit of the city's financial statements. Motion was made by GouncHmembe,r Duke, seconded by Councilmember Jenkins, that City Council approve for payment the invoice in the amount of $10,000.00'submi-tted by KPMG Peat Marwick for the 1990 audit of the city's:financiail statements. Voting Aye: Voting No: Absent: Mayor Johnson, Council members Kelly ,Duke, Jenkins, Lang None None 1983 BOND ISSUE: Consideration was given to,the invoice in the amount of $96,352.50 submitted by First City Texas. for' interest due oil the 1983 Bond Issue. Motion was made by Councilmember Jenkins, seconded by Council- member Kelly, that C-ity Council approve the invoice submitted by First City Texas 'forinterestdue!on the 1983 Bond Issue. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None LEGAL SERVICES: ' Consideration was given;'to the inVOice in the amount of $3,566.17 for legal services provided on the city's behalf for the month of June 1991. Motion was made by Councilmember Kelly, seconded by Councilmember Jenkins, that City CouncHapprovefor payment the invoice in the amount of $3,566.17 submitted for legal services for the month of June 1991. Voting Aye: ,Mayor Johnson,- 'Councilmembers Kelly, Duke, Jenkins, Lang Voting No: None Absent: None CITY COUNCIL MEETING MINUTES: Consideration was given to' the minutes of the ;following City Cbuncil meetings: " "!; ....'V''' Regular City Oouncil Meeting, July 8',,1991 (a) City Council Workshop Session on June 18, 1991; t (b) City Counci 1 Workshop Session on June 20, '1991;, _ i (c) City Cou nc il Regular Session on June 24, 1991; and (d) City Council Workshop Session on July 1, 1.99L Motion, was ,made, by CouncHmember Lang, ,seconded by Councilmember Duke, that the minutes be approved aSdsubmitted. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None COUNCIL COMMENTS: Councilmember Jenkins recommended that the recycling yard signs be restricted, to displayoneqaya week as originallYi agreed. Also some of the recycling signs were being placed in public easements and he suggested that be corrected. CouncHmember Jenkins, suggested Council, get a demonstration of curb rebut] di ng by city staff. Councilmerriber Jenkins i inquired as i~e th~l ~~~~~~ O~a;hea~l O~~~~,~w~~e Em~~~bl e~~. Ta~~:;e ex~~: i n~~t~~~~ C,< immediate or simple that couldpe done at this time to solve the @ probl em. However, he had talked to one person on the street who was the apparent leader of the group. Councilmember Jenkins asked about the abandoned house in the 4100 block of Lehigh and the structure a-t3015 Lafayette. Mr. Tanner reported staff was working on the house on Lehigh and the garage on Lafayette had been torn down. ' " Mayor Johnson reported he had visited with a resident about the city'sordinance ,requiringc;:atsto be kept on a leash. He" suggested Council consider amending the ordinance to eliminate that requirement. .;' Councilmember Lang reported, there was a "nui sa nee cat" ordinance that might be appl icab le. Counci lmember Duke was in favor of an ordi nance whi ch woul d requi re the cat owner to be responsible for ;his, cat. It was agreed to have a draft ordinance prepared for the next regular council meeting for Council's review. Councilmember Lang commented that a person called her to complain that she received a ticket for making a ,U-Turn on one of the city's streets. It was later determined that the city' s ordinance prohibits U--Turns on any city street. However,; there were no "No U-Turn II signs posted. Councilmember Lang suggested that the signs should be posted. [ Regular City Council Meeting, July 8, 1991 STAFF REPORT: The City Secretary distributed Board and Committee information to City Council in preparation to begin interviews of volunteers. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Duke, seconded by Councilmember Lang, that the regular session adjourn. Such motion carried and the meeting was adjourned at 10:40 p.m. Whitt F. Johnson Mayor ~, rJc/d-- Audrey N(gho 1 s City Secretary ] I l [ [ L [ [ 001 CITY COUNCIL WORKSHOP SESSION TUESDAY, JULY 9, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Tuesday, July 9, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Councilmember Lang left the meeting at 8:30 p.m. , MATTERS RELATING TO VARIOUS BOARDS. COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. At 9:05 p.m. Mayor Johnson reconvened the workshop session. Persons interviewed were, as follows: ::--:~- George Ruhlen Richard Ayres Teresa Fogler Brian B. Hughes Sue Porretto John Pickul Kyle Pentecost Vic Hansen Dori s Marshall ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:08 p.m. ."- - ~ 002 CITY COUNCIL WORKSHOP SESSION THURSDAY, JULY 11, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, July 11, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Duke and Jenkins. Councilmember Kelly arrived at 8~25 p.m. Councilmember Lang was absent. MATTERS RELATING TO VARIOUS, BOARDS. COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. ; At 9:25 p.m., Mayor Johnson reconvened the workshop session. "1'."-'>-':: Persons interviewed were: Joe Webb Phil Lewis Robert Heaton Sterling Minor Barbara Townsend Dale Reid Dave Agerton Carla Rea Joe Bindo Kathy Warren ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:25 p.m.. ~~i;~ Whi t . ohns Mayor ~o~ City Secretary 003 ] ] CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 15, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard" in the City of West University Place, on Monday, July 15, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins'- Councilmember Lang arrived at 7:08 p.m. Also present were the City Manager and the City Secretary. MATTERS RELATING TO PERSONNEL AND THE ORGANIZATION: City Manager Mi ke Tanner presented hi s recommendati ons for reorganization of city employees, as follows: , (1) Personnel Division: Transfer responsibility for Personnel Division from City Manager to Finance & Administration Director effective July 16, 1991. 8 j (2) Engineering & Construction Department: (a) Change the name from Engineering & Construction Department to Building Division and transfer responsibility to Public Works effective October 1, 1991. (b) Abolish position of ,City Engineer and delegate responsibility for division to Chief Building Inspector effective October 1, 1991. Cost savings for 1991, $14,668; for 1992, $57,855. (c) Change job title of Chief Building Inspector to Building Official effective July 16, 1991. (d) Abolish position of Assistant . Building Official effective July 16, 1991, at a cost savings for 1991 in the amount of $16,332; for 1992, $35,633. (e) Create additional position of Building Inspector with salary of $30,991 effective July 16, 1991 at a cost increas~ of $16,436 for 1991; $35,860 for 1992. (f) Change job title of Permits Supervisor to Building Secretary, effective July 16, 1991. J (g) Change part time' position of Building Secretary to full time position with minimum salary of $19,140 effective August 15, 1991, at a cost increase for 1991 of $3,742; $17,210 for 1992. City Council Workshop'Session, July 15,1991 004 (3) Public Works: Abolish position of General Services Supervisor and distribute responsibilitie,seffective July 16, 1991. Cost savings of $16,497 in 1991; $38,340 in 1992. (4) Recreation: Transfer responsibil ity for division from Publ ic Works Director to Finance & Administration Director effective July 16, 1991. l (5) Senior Services: Transfer responsibility for division from Public Works Director to Finance & Administration Director effective July 16,1991. (6) Water: Abolish position of Water Foreman responsibility effective July 16, 1991, $10,488 for 1991; $31,411 for 1992. and di stri bute at a saving of Fiscal impact of the reorganization for 1991 totals $40,437; for 1992 totals $158,894. Vehicle transfers and reduction effective July 16, 1991, will save $2,630 in 1991; $48,725 in 1992. CITY MANAGER TO PRESENT HIS RECOMMENDATIONS AND RESPONSES TO CITY COUNCIL REQUESTS: In response to the July 8,1991 City Council demands, Mike Tanner offered the following status report: POll CE 1. Eliminated take home cars 2. Marked patrol car to identify Police Chief 3. Planned fleet of 5 patrol cars, 2 unmarked investigative cars and 1 animal control truck (a 2-car reduction). 4. Increased visibility of Police chief 5. Employed new patrol officer 6. Set August 31, 1991 deaqline to complete accreditation paperwork and prepare for site inspection 7. Demanded strict law enforcements. Reduced violation margin from 10 t07 miles per hour (5 miles per hour will be cited) in speed limit enforcement 8. Eliminated 2 pagers 9. Reviewed budget for reduction ($7,300 identified) FIRE 1. Prepared estimate ($3,500) to paint and equip a car assigned to the Fire Chief (Budget amendment required) 2. Demanded strict code enforcement City Council Workshop'Session, July 15, 1991 J,,,, " 1. 2. 3. 4. 5. 6. ] 1. 2. 3. J 005 3. Eliminated 2 pagers 4. Reviewed budget for reduction (Nothing identified) CONSTRUCTION AND ENGINEERING 1. Eliminated take home car 2. Reduced car allowance of City Engineer to $200 a month 3. Demanded performance and strict code enforcement 4. Advertised position of Building Official following announcement that Wayne Perry would retire 5. Began evaluation of personnel and process 6. Reviewed budget for reduction (Nothing substantial identified) PUBLIC WORKS Eliminated take home cars Reduced car allowance to $200 a month' Planned 2 car reduction (a fleet review continues) Advertised position of Public Works Director following announcement that Curtis Cooper would retire/resign Eliminated 6 pagers Began budget review for reduction FINANCE & ADMINISTRATION Reduced car allowance of Finance & Administration Director to $200 a month Conducted study of payroll services Began budget review for reduction MISCELLANEOUS 1. Prohibited use of City equipment, vehicle.s and facilities for-personal busines~ 2. Restricted travel and training 3. Restricted leave and compensatory time 4. Changed bid procedures Mr. Tanner explained that there were 3 police package units with low mileage. One in the Fire Department, one in Senior Services and the one is the Police Chief's. He recommended these three vehicles be properly stored on city property until perhaps April of next year. They will be used next year when it is time to put 3 new patrol units in service. The 2 public works vehicles will be transferred to the Fire Chief and Senior Services. The 2 pickup trucks in Public Wo,rks would be transferred to the two ~eputy Public Works Directors. City Council questioned the number :of inspectors in the Building Division and suggested that there might be a need for 3 rather than 2. After discussion, it was generally agreed to accept the plan on a trial basis. City Council Wo'rkshop' Sess i on ,July 15, 19'91 006 Mr. Tanner suggested Counci 1 consider striping the Fire Chief's car rather than painting it. Striping would save considerable money. City Council concurred with the suggestion. Other discussion resulted in concurrence that tuition assistance to employees be carefully monitored to avoid possible abuse. Compensatory time off was discussed and it was agreed that appropriate time off wou,ld be, allowed for salaried employees at the discretion of the City Manager. Councilmember Lang commented for the record that she was against eliminating the crossing guard at the Weslayan/University intersection. Although it has low pedestrian participation, she was in favor of retaining the crossing guard at that location. Motion was made by Council member Kelly, seconded by Councilmember Jenkins, that City Council approve the reorganization plan submitted by the City Manager and authorize such:budget amendments as may ,be necessary to accomplish the ,reorganization. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Voting No: Absent: MATTERS RELATING TO COMMUNICATION WITH THE CITY ATTORNEY AND MAYOR, MAYOR PRO TEM AND CITY MANAGER: The City Attorney's Letter of Engagement dated October 8, 1985, was di scussed. The 1 etter states that the City Attorney wi 11 not accept ca 11 s except from the Ci ty Manager, the Mayor, the Mayor Pro Tern and Audrey Nichols, City Secretary, unless the party ca 11 i ng has been approved by one of the above persons. Under consideration was whether it was necessary for the City Secretary to have access to the City Attorney. It was explained that the City Secretary function, working with the City Attorney, resulted in a cost saving to the city and that ther.e were times when it was necessary for communication to exist between the City Secretary and the City Attorney. The general consensus of City Council was that the Mayor would monitor the situation and if there' was a problem, he would report to Counc i 1. Under that conditi on it was further agreed to not change the Letter of Engagement. COUNCIL COMMENTS: Councilmember Kelly reported on the meeting with representatives from the Coastal Corporation relative to the installation of underground fuel tanks and a full-service fuel station on the city's Westpark property. Because of the property's value, the unknown opportunity for future use of the site and the time and money terms reques ted by Coas ta 1, Counci 1 was not in favor of pursuing further negotiations. It was agreed to place the City Council Workshop Session, July 15, 1991 00'7 underground storage tanks ,on the next regular session agenda for Council action. Counc i 1 member Lang recommende.d that the city I s II No U-Turn II 1 aw and the state law be reviewed for consistency and that the city post signs app~opriately and publicize and educate people of the city's regulations. Councilmember Lang reported that there was a No Parking Sign across the street from the Baptist Church which has no yellow paint on the curb and cars are continually parked there. She recommended the sign be removed. Councilmember Jenkins reported a complaint on the condition of Duke Street at Vi rgi ni a Court. Another comp 1 a i nt concerned a claim against the city which was reported months ago. Another complaint concerned sign ordinance violations. Councilmember Jenkins recommended the sign ordinance be strictly enforced and that violators be ticketed. If the residents become upset over stri ct sign ordinance enforcement, they can request City Counci 1 to amend the ordinance. Mayor Johnson reported he received a letter from staff reporting on the condition of the Wakeforest Water Plant. He received a letter from Harris County Pollution Control concerning violations at the landfill. Mayor Johnson received a publication from the Texas Forest whi ch had i nformati on on grants. He suggested it be forwarded to Linda Day for handling. Mayor Johnson requested Mi ke Tanner report on the Scout House inspection. Mr. Tanner reported an engineer from Rutherford Engineering inspected the scout house and determined that the structure was basically unsafe. Because of the age and condition of the Scout House, the engi neer recommended it be demo 1 i shed and replaced rather than repaired. City Council discussed the engineer's report and the need for architectural drawings before rebidding the project. Council discussed the possibility of perhaps seeking donations to cover one-half or two-thirds of the replacement costs before proceeding. At 11:00 p.m., Mayor Johnson recessed the workshop session to go into a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252017, Section 2(g): Discussion involving the appointment, employment, evaluation, reassignment and duties of certain employees: City Engineer and Director of Public Works. Mayor Johnson reconvened the workshop session at 11:30 p.m. City Council Workshop'Session, July 15, 1991, 008 ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Jenkins, seconded by Councilmember Duke, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 11:32 p.m. /f~~(2 ~ Whitt F.JOhn~ ,- Mayor l 009 CITY COUNCIL WORKSHOP SESSION TUESDAY, JULY 16, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Tuesday, July 16, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. MATTERS RELATING TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. At 9:15 p.m. Mayor Johnson reconvened the workshop session. Persons interviewed were, as follows: 01 J Michael D. Cannon Carolyn Hodgins Susan Rachlin David LaCombe George Sti llman Nicholas Aschliman Margaret Williamson Peggie Pentecost Bill Snypes Virginia Clark ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:20 p.m. Whitt F. Johnson Mayor J 010 CITY COUNCIL WORKSHOP SESSION THURSDAY, JULY 18, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, July 18, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. MATTERS RELATING TO VARIOUS BOARDS. COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed e)(ecutive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. At 9:25 p.m. Mayor Johnson reconvened the workshop session. Persons interviewed were, as follows: Ned Ross Dale Ledet George Blair Gail Hartz Joel Reichek Susan Freeman Lynn Simoneaux John Wilkinson Wi 11 i am Mackey Roger Farrow ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:30 p.m. b~ -7.-?~ Whi"ft F. Johnso . ' Mayor ] 011 CITY COUNCIL WORKSHOP SESSION SATURDAY, JULY 20, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 8:00 A.M. **************************************** City Council convened in special session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Saturday, July 20,1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Also present were the City Manager and the City Secretary. City Council and interested residents toured the city. Areas visited were the Finance and Administration Department, Engineering and Construction Department, City Manager and City Secretary offices, Public Works, Senior Citizens Wing, Recreation Department, the Library, the Wastewater Treatment Plant, the Animal Pound, the Police Department and the Fire Department. Demons tra t ions were gi ven of veh i c 1 es and equ i pment in the Fi re Department, Police Department and Public Works. At the conclusion of the tour, City Council returned to the Council Chamber for final discussion and adjournment. Mayor Johnson declared the special orientation day activities adjourned at 6:15 p.m. J .aJkiLf)L~ Whitt F. Joh~ Mayor a~J.~4 Audrey Nl~O s City Secre ary ] 012 REGULAR CITY COUNCIL MEETING MONDAY, JULY 22, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Council conven~d in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, July 22, 1991, with the, following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Also present were the City Manager, City Secretary, City Attorney, and the Director of Finance and Administration. Mayor Johnson delivered the invocation and Councilmember Lang led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Johnson i nv ited res i dents to s pea k who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Chuck Gill an, 3620 Georgetown, expressed hi s opi ni on that common sense be used in the reorganization of the city. He commended Mi ke Tanner and staff on the changes that had been made and the way they were handled. He suggested consideration be given to automobile allowance measurement of cost values versus the measure of the payroll dollar. Mr. Gillan suggested the city consider a joint urban forester program with Bellaire and Southside Place. Art Hirdler, 6416 Community Drive, req~ested Council consider restricting the mowing of the street right-of-way adjacent to his property and back to the railroad right-of-way. Mr. Hirdler wished to maintain that portion himself for the purpose of growing vegetation. Mayor Johnson advised Mr. Hirdler that the area in question was a public, dedicated street right-of-way. The area is asphalted and in no way parallels the rights-ofooway where single family residents plant along the streets. Mr. Tanner explained that for a number of years, the city agreed to maintain the south half of this right-of-way and Mr. Hirdler would maintain the north half. There has been'some disagreement over where the line was drawn. City staff did not think the north half was being maintained properly. The landscaping company had been instructed to maintain the entire property. Mayor Johnson commented that Mr. Hirdler had been given ample opportunity to be heard and he had personally visited with Mr. Hirdler and inspected the area. Mayor Johnson recommended Mr. Hidler's request be placed on the agenda for the next regular council meeting for a decision from Council. Regular City Council Meeting, July 22, 1991 013 CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. PRESENTATION OF FISCAL YEAR 1990 FINANCIAL REPORT: Director of Finance and Administration Donna Sims introduced Rick Shell and Phyllis Ekdall, representing KPMG Peat Marwick, the city's auditors for the 1990 annual audit. Mr. Shell presented the 1990 Comprehensive Annual Financial Report to City Council and reviewed the statements and notes. Mr. Shell explained the report was divided into three portions: the introduction, the financial section and the statistical section. It is the city's responsibility to present the financial report and it is the auditor's responsibility to assure that the city's report is accurate. J One significant question addressed was properly invested and collateralized. investments. The audit indicates that adequately protected. Mr. Shell explained that arbitrage rebate liability is new on the books this year. It is $112,000 which was recorded in the ~urrent year. The United States government has decided that if a government shoul d,goout and 'issue tax exempt bonds, and it takes the proceeds from those bonds and invests them and earn a rate of interest or investment rate which is higher than the bond yield, then that excess amount if called positive arbitrage. While it is legal, ultimately it results in money due back to the government. It is not a penalty. It is actually called an arbitrage rebate. The government basically said we don't want both sides to benefit from this' transaction and requires that excess be rebated. The positive arbitrage is a five-year calculation. The ultimate liability will not be fixed until the five-year maturity of the 1988 bond issue. But that is a new liability which has been recorded and funds from the Capital. Projects Fund were transferred this year to the Debt Service Fund to set those moneys aside for that particular liability. The City will benefit by so investing the funds to insure earning the maximum rate possible as opposed to arbitrarily deciding to take something less than what is the yield on the bonds. have the funds been There are types of the city's funds are Mr. Shell explained the deferred compensation and the city's participation in a 457 Benefit Plan. Basically, those funds are segregated and set aside with the investment manager and recorded at market value. Under the Section 457 Plan, the city truly owns those assets. It is un 1 i ke mos t deferred compensa t ion plans where it is set aside for the employees' benefit. Clearly, that has Regular City Council Meeting, July 22, 1991 been done but if for some reason the city decided that it needed those funds, under the tax 1 aws, that money rea lly belongs to the city and the city could use that money. It is not really the employees' money because it is deferred compensation. Instead of paying that person the money, the city instead puts it off into a separate 'account. The city has never, truly, under the tax laws, paid it to the individual. It is a twist of the tax law. Clearly, everyone believes that money is set aside for the benefit of the employees. That is set aside in an agency fund. It recognizes that we are holding funds on behalf of other people or for the benefit of other people. There is a segregation the city has recognized. Fund balances were reviewed.' There are three types of fund balances. Reserved, whi chi s legally encumbered. Unreserved which can be broken down further into designated and undesignated. Designated is that piece of the fund balance which at least a tentative commitment has been made by the city for a particular purpose. It in no way obl igates the city to spend the money for the purpose it was designated. It can be changed. It is distinguished from Unreserved~ and Undesignated which are totally unencumbered, totally free funds, available for city use. At the end of the year, there was approximately 5.6 million in the genera 1 fund reserve which represents about I-year' s worth of expenditures at the current ,level. The general operating fund and the enterprise fund were reviewed. Councilmember Duke asked what form did the $13,607,240 for General Long-Term Debt represent. Mr. Shell explained that it was assets that had to be accumulated ,in the future in order to retire the debt. From the city's current revenue structure money is collected and transferred to the Debt Service Fund in order to reti re the debtl As the debt decreases, the amount of that account also decreases. After further discussion, motion was made by Councilmember Duke, seconded by Counci 1 member Kelly, that Ci ty Counci 1 accept the 1990 Comprehensive Annual Financial Report as prepared by the city staff and audited by KPMG Peat Marwick. Voting Aye:' Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None ORDINANCE RELATING TO BUILDING DEMOLITION: Consideration was given to the second and final reading of Ordinance Number 1404. Mayor Johnson read the caption, as follows: 014 l [ ~ Regular City Council Meeting, July 22, 1991 015 ] ORDINANCE NUMBER 1404 AN ORDINANCE RELATING TO BUILDING DEMOLITION; CONTAINING RULES, REGULATIONS AND PROCEDURES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1404, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Counci,lmember Jenkins, seconded by Council- member -Lang, that Ordinance Number 1404 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None UNDERGROUND FUEL STORAGE TANKS: Dr, I' !"' Consideration was given to clarify the agreement with Dup's Inc., for removal and construction of the underground fuel storage tanks. Curtis DuPriest, of Dup's Inc., was present. City Manager Mi ke Tanner reported that' during the City Counci 1 meeting on June 10, 1991, City Council authorized the underground storage' work for $89,252.79 with a change order that would take new construction off of that project. To date, nothing has been done. Staff understood that City Council 'wanted to remove the old tanks but to hold the project until such time as the City might come to an acceptable contract with Coastal Corporation to locate the new tanks on the city's Westpark property. City Council amended the budget at that'time in,the amount of $89,252.79. Councilmember Jenkins commented he still did not know what, the city was purchasing in the form of computer equipment and monitoring equipment. Councilmember Lang was concerned that the city be capable of insuring the security of the gasoline usage. Mr. DuPriest, explained the monitoring equipment and built-in securi ty of the faci 1 i ty. Once the tanks were removed, then the level of contamination could be determined. ill Councilmember Kelly stated he would like to see the project finished before school starts. Councilmember Duke asked' if the monitoring system was fully self-contained. Mr~ DuPriest explained that all the date Regular City Council ~eeting, July 22, 1991 processing was done in the ,.system and the control was with the city. Mayor Johnson advi sed that the previ ous records of Council acti on indicated that locating the tanks on Westpark was under consideration and recommended City Council take action to clarify their intent as to the location of the tanks. Motion was made by Councilmember Duke, seconded by Councilmember Kelly, that City Council authorize the installation of the underground fuel storage tanks at the Milton Street site. Voting Aye: Voting No: Absent: Mayor Johnson, Cou.nc i 1 members Ke lly, Du ke, Jenkins, Lang None None Councilmembers Jenkins and Lang agreed they would like to see the system, how it works and the see the print-out of usage data. Mike Tanner explained the specifications were written by Curtis Cooper and Jerry Burns who gathered information from several vendors who explained what the city's needs were. Mr. Tanner then took the specifications and presented them to a tank specialists consultant. The system was designed to meet needs that were specifically articulated. Mr. DuPriest reported he was not one of the vendors who helped .write the specifications. Mr. DuPriest offered to take, the members of Counci 1 to see a system in operation. There is a continually operating monitor installed in the system which will allow the city to determine the usage. Mr. DuPriest stated he could do the project at the price submitted at the bid opening. Councilmember Lang requested that the specifications stated that clean out of the hole for the first X number of cubic yards would be at the rate of approximately $30.00 an hour. After that first designation, and after the tests had been taken beyond that first cubic yardage, additional labor would. be in the neighborhood of $80 to $90 a cubic yard. She Questioned the difference. Mr. Tanner explained it was related to the degree of contamination and related also to disposal. ' Councilmember Duke stated charges would be based on three levels of contami nati on, not phys.tca 1 volume. Councilmember Lang Questioned who would take the soil samples to the laboratory. Mr. DuPriest responded that whatever Council wanted he would do. Councilmember Kelly stated that since City Council accepted the Dup's bid with the reservation that the city immediately execute a change order holding off on the work other than the remedial 016 I L Regular City Council Meeting, July 22, 1991 017 ] work, but the change order was not executed, that he moved that City Council drop the requirement for a change order holding off on the work other than remedial work and that City Council proceed with the acceptance of the bid to the low bidder, Dup's Inc., and authorize the Mayor to execute the contract. Councilmember Duke seconded the motion which was voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Motion was' then made by Councilmember Lang, seconded by Council- member Jenkins, to ensure the security of the soils samples and to help reduce cost that either Jerry Burns, Bob Simpson or the City Manager oversee the soil samples and take them to the laboratory. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None HOUSTON LIGHT & POWER COMPANY EASEMENT: ] Mike Tanner explained that there was a problem with the ground storage water tank at 3825 Milton which involves a Houston Light & Power Company line that is over the well and each time repairs are needed the city is required to have HL&P move the 1 ine at the city's expense. Staff is proposing to relocate the line to a separate location on the site and grant a permanent easement to HL&P. Cha rges to ins ta 11 poles and ins ta 11 the new 1 i nes wi 11 be approximately $3,200. Mayor Johnson suggested that City Council consider authorizing the execution of the easement and then negotiate with HL&P on the charges . Councilmember Duke suggested that if the City Council authorizes the lines to be moved, that the city ask HL&P to surrender the existing easement which will no longer be necessary. After further discussion, motion was made by Councilmember Duke, seconded by Councilmenber Jenkins, that City Council authorize the Mayor to execute the easement to Houston Light & Power Company along the lines presented with the condition that HL&P surrender their right to the existing easement, such new easement described as follows: ], liThe residue of Lot 8, in Block 18, of College View Addition, Third Subdivision, located within the A. C. Reynolds Survey, Abstract 61, in Harris County, Texas, according to the map or plat thereof, recorded in Volume 572, Page 33, of the Regular City Council Meeting, July 22, 1991 018 Deed Records of said County and State, and being the same property described in a deed to City of West University Place by M. C. Terry, dated July 6, 1939, and recorded in' ;Vo 1 ume 1129, Page 624, of .the Deed Records of Harris County, Texas. The easement herein granted is ten (10) feet wide, the location of which is shown by a . crosshatched area on Sketch No. 91-363, attached hereto and made a part hereof, and unobstructed aeri a 1 easements eleven (11) feet six (6) inches wide, beginning at a plane sixteen (16) feet above the ground level and extending upwards, located west of and north of and adjoining said ten (10) feet wide easement.~ Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None PURCHASE OF CHEMICALS FOR THE WASTE WATER TREATMENT PLANT AND WATER PLANT: Bids for Chlorine, Sodium Bisulfite and Sludge Dewatering Po lymer were recei ved and opened on June 27, 1991, wi th the following staff members present:. R. E. Simpson, Deputy Director of Public Works-Utilities, Linda L. Moore, Purchasing Agent and Audrey Nichols, City Secretary. The results were, as follows: CHLORINE GAS Bidder Amount Bi d AOC 6455 Chimney Rock Houston, Texas 77081 $356.00 48.15 -0- 48.00 ton cylinder 150 lb. cyl. discount deposit per drum 2 - 3 day delivery DXI Industry P.O. Box 24600 Houston, Tx 77229-4600 $390.00 ton cylinder 52.50 150 lb. cyl. -0- discount 3 - 5 day delivery SODIUM BISULFITE DXI Industry P.O. Box 24600 Houston, Tx 77229-4600 $---- ton $151. 25 drum -0- discount 3 - 5 day delivery .. Regular City Council Meeting, July 22, 1991 019 Napco Chemical Co. P.O. Box 690047 Houston, Tx 77269 $---- ton $150.00 drum , -0- discount 3 day del ivery $ 40.00 deposit per drum $---- ton $170.00 drum -0- discount 1 - 2 day delivery $586.20 ton $170.00 drum -0- discount 1 -2 day delivery $600.00 ton .30 lb. lct/lb./5 drum order discount once a week delivery AOC 6455 Chimney Rock Houston, Texas 77081 Chemical Connection 9660 Hilcroft $435 Houston, Tx 77096 Aquatec Engineering 1139 Patton Street Sulphur, LA 70664 SLUDGE DEWATERING POLYMER Napco Chemical Co. P.O. Box 690047 Houston, Tx 77269 $674.73 drum 1. 53 1 b. -0- discount 2 day delivery $698.98 drum 1. 585 1 b. -0- discount 2 day delivery Staff recommended that the purchase of Chlorine Gas be awarded to the low bidder, AOC,at: the bid price of $356.00 for one ton cylinders and $48.15 for each 150 pound cylinder of chlorine. Water Chern Fairmont Parkway Pasadena, Tx 77504 For the purchase of Sodium Bisulfite, staff recommended the low bidder, DXI Industry, at the bid price of $151.25 per drum with three to f;.ve days de 1 i very and no drum depos it. AOC submi tted the apparent low bid of $150.00 per drum but had a drum deposit of $40.00 per drum. The additional deposit equated to an addition per drum cost of $2.46 making the total bid from AOC $152.46 per drum. n" ',;' .,:- I ~ : . Staff recommended the purchase of sludge dewatering polymer be awarded to the low bidder, Water Chem, at the bid price of $674.73 per drum with a cost per pound of $1.53. Mr. Simpson explained that the companies would be responsible for the removal of the empty drums. He had checked references. The city has done business with these vendors before and they are familiar with the city's procedures. Regular City Council Meeting, July 22, 1991 Motion was made by Councilmember Jenkins, seconded by Councilmember Duke, that City Council award the purchase of the chemicals to the vendors as recommended by staff. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None REPLACEMENT OF lO-INCH SANITARY SEWER, PRIORITY AREA 2: Consideration was given to the following submitted by Whitelak, Inc. , in connect ion wi th the replacement of the 10- i nth sanitary sewer line in Priority Area 2 on Emory and South ,Judson streets: (a) Monthly Estimate No. 3 and FINAL in the amount of $12,115.90 for work performed on the lO-inch sanitary sewer line to completion; (b) Change Order-No.1 and FINAL for total additional to the contract fnthe amount of $8,820.00; Acceptance of Certi fi ca teof Completion submitted by Langford Engineering Inc; and (d) Authorize issuance of Certificate of Acceptance by the City to the Contractor. (c) City's consulting engineer, Dieter Ufer, explained the change order was the result of the recapitulation sheet which totaled out the overruns and underruns. The difference was what was in the plans and what was actually in the field. Councilmember Jenkins asked if the charges were associated to the work done for homeowners on their property. It was exp 1 a i ned that this particular contract required the city to do some work on private property to make proper ,and adequate connections at the point where the existing pipe was structurally sound. In this area, there was no alternative but to go into the rear easements behind the houses. The city has the records - to charge the property owners if the City Council should decide to do that. Motion was made by Councilmember Duke, seconded by Councilmember Jenkins, that City Council approve, for payment Monthly Estimate, No.3 and FINAL in the amount of $12,115.90 submitted by Whitelak, Inc; approve Change Order No. 1 and FINAL submitted by Whitelak Inc. for total additional to the contract in the amount of $8,820.00; accept the, Certificate of Completion s,ubmitted by Langford Engineering Inc; and authorize issuance of the Certificate of Acceptance by the city to the contractor. 020 r I L 1- L Regular City Council Meeting, July 22, 1991 021 Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None WATER LINE REPLACEMENT PROJECT ON WEST POINT, ACADEMY, AMHERST AND BISSONNET: Consideration was given to Monthly Estimate No. 3 submitted by Reliance Construction, Inc., in the amount of $73,784.31 for work performed June 1 through June 30, 1991, on the water line replacement project on West Point, Academy, Amherst and Bissonnet. City Manager Mi ke Tanner, reported the project' had been jnspected. Staff recommended that payment be made. Motion was made by Councilmember Lang, seconded by Counci lmember Jenkins, that City Council approve for payment Monthly Estimate No. 3 in the amount of $73,784.31 submitted by Re 1 i ance Construction, Inc. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Voting No: Absent: ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to the invoices totaling $16,917.54 submitted by Langford Engineering Inc., for the following utility related projects: (a) Invoice No. 6493 in the amount of $4,971.34 for the Wakeforest Water Plant Expansion Project; (bl Invoice No. 6494 in the amount of $2,598.58 for the Surface Water Line to Milton Street Water Plant; (c) Invoice No. 6498 in the amount of $1,450.37 for the Water Line Replacement Project in Priority Area 2-B (Water Priority Area 2-B is from Wroxton to University and Kirby Drive to Wakeforest; (d) Invoice No. 6500 in the amount of $1,673.29 for the lO-Inch Sanitary Sewer Repl acement Project in the Easement of Emory and South Judson Streets; Regular City Council Meeting, July 22, 1991 022 totaling $16,917.54 submitted by Langford Engineering Inc., as "listed.' Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang Voting No: None Absent: None l CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the fOllowing city council meetings: (a) City Council Workshop Session on July 8, 1991; (b) Ci ty Counci 1 Regular Session on July '8, 1991; (c) City Counci 1 Workshop Session on July 9, 1991; (d) City Council Workshop Session on July 11, 1991; and (e) Ci ty Counci'l Workshop Session on July 15, 1991; Councilmember Jenkins offered the following addition to the July 8, 1991, workshop, page 2, Reoort on House Demolition and Vacant m~{~!.~i~*~~::~~d;:~ se~~t~~~~;:C"~~.~~s:::; rean~ro~~~~ontaJ.aske~~ . i Motion was made byCouncilmember Kelly, seconded by Councilmember Duke, that City Council approve the minutes as corrected for the workshop session on July 8, 1991, and approved the remainder of the minutes as submitted. COUNCIL COMMENTS: Councilmember Jenkins explained that a previous comment he made prompted staff to begin to develop specifications for competitive bidding for hardware suppl ies. His intent was that staff should negotiate a discount with a supplier. Councilmember Jenkins suggested Council consider adoption of a new building code before hiring a new building" official. It was agreed to discuss the suggestion at the next council meeting. Councilmember Jenkins suggested the immediate elimination of the composting truck route. Mr. Tanner explained that the city would need to continue to run a truck whether it is a standard truck or a compost truck. If the city closes the landfill on September 1, it will be less expensive to run a compost truck rather than take composting material to a landfill. The compost would go to a $1.00 cubic yard compost facility instead of $5.50 to $6.00 per cubic yard facility. There are issues that need to be understood. The minute the city closes the landfill, composting Regular City Council Meeting, July 22, 1991 u~a will be very advantageous because the city will, be looking at a tremendous difference in price between disposal of household waste and composting material. Looking ahead at possfbilities, City Council may find it is very cost effective to compost. Councilmember Jenkins suggested that the city needed a city-wide plan for inlet cleaning. The inlets are cleaned lias needed". Councilmember Jenkins asked if the buildings on Westpark could be cleaned out and the buildings demolished. Mr. Tanner recommended that the city needs to look at the property as a whole and decide what is best. Councilmember Jenkins asked if the van could be sold. Mr. Tanner explained that the van was used in maintenance of city facilities. ill Counci lmember Jenkins recall ed that Terry Stevenson was preparing a survey of each lot in the city. 'Would that be'available soon. Mr. Tanner reported that the survey would soon be complete. Councilmember Duke reported that one of the 3 moth-balled vehicles was not parked behind City Hall tonight and asked where it was. Mike Tanner suggested that perhaps the Fire Chief was using the vehicle while his was being repainted. Council member Duke reported that on the tour on Saturday, in the Engineering and Construction Department, he was shown a 1 ist of builder citations for code violations that were ,written on Thursday and Friday. We were informed that those were handed out when inspectors go out, do an inspection, and notice a violation. Councilmember Duke recommended the citations not be restricted to just when the inspectors are out for a regular inspection, but if they are out driving around and they notice a violation, write a citation, do not wait. Further, in the Orientation, Saturday, the statement was made that when the inspectors go out for an inspection and write a citation, the builders are given 24 hours to correct it or another citation is issued. Councilmember Duke wrote down two violations for lack of a construction fences and went by after the orientation and yesterday and sti 11 no fences are up. Councilmember Duke would like to see how staff is going to follow up and write citations again since it has been at least 24 if not 48 hours. J Mike Tanner agreed that city staff would follow up. Councilmember Kelly asked if there was a problem with the filtration at the swimming pool. Mr. Tanner reported a vacuum had a break down recently, but it was repaired and back in service. Councilmember Kelly reported that today some sort of substance was emitted from the inlets and the pool had to be cleared for 15 to 20 minutes. Mr. Tanner explained that things happen, but he had not heard about the matter but would check into it. Regular City Council Meeting, July 22, 1991 024 Mayor Johnson reported that on the July 30, the city would buy the Rodge property at 4101 Case. Mayor Johnson recommended Counci 1 consider authorizing specifications be prepared for demolition of three city-owned buildings on Byron and at the next meeting of the City Counci 1, authorize the demol ition or moving of the buildings. The Rodge house is 'a very nice piece of property, however, there does not seem to be an appropriate use oJ the house for the city. Councilmember Kel1ysuggested,the City might consider selling the Rodge house in a public aucti on. The Mayor advi sed the house was on a slab and it would not move easily. Mr. Tanner agreed that a house on a slab would most likely be a tear-down. Mayor Johnson recommended authori zati on to adverti se for bi ds for demo 1 iti on of the bu il di ngs on Bryon be place on the agenda for the August 12 meeting. STAFF REPORT: City Manager Mike Tanner had nothing further for Council to consider'at this time. ADJOURNMENT: With no further business to come before City Council at this time, moti'on was made by Councilmember Kelly, seconded by Councilmember Jenkins, that the regular session adjourn. Such motion carried and the meeting was adjourned at 10:17 p.m. .~~ Whitt F. Jo . " Mayor 025 CITY COUNCIL WORKSHOP SESSION THURSDAY, JULY 25, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, July 25, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. MATTERS RELATING TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. At 9:50 p.m. Mayor Johnson reconvened the workshop session. Persons interviewed were, as follows: j"..i . .~- j ;:'1 Sonny Payne Richard Goldfarb Marie Fish Florence Worstell Asche Ackerman Pat Malone Carol Burk Dr. Frances Arrighi Randy Hardy Dottie Shaw Jane Davis Pearl Chiu Mary Studlick ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:55 p.m. %" '~ Whitt F. Mayor ] CITY COUNCIL WQRKSHOP SESSION MONDAY, AUGUST 591991 MUNICIPALaUILDING 3800 ,UNIVERSITY BLVD. 7,: 00, P.M. **************************************** City Council convened in' workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Placet on Monday, AUQust 5, 1991, with ,the following members present: Mayor Johnson, presiding; Councilmembers Duke, Jenkins, Lang. Councilmember Kelly was absent. Also present were the City Manager, City Secretary and the City Attorney. MATTERSRFI ATTNr, TO THF nH'NSTONOI='VTRr,TNT A rnIlRT. Consideration was given to matters relating to the extension of Virginia Court and the associated public facilities and landscaping, including acceptance of such facilities and 1 andscapi ng; conveyances of ri ghts of way and easements; completion of subdivision plat; payment of water, sewer and street infrastructure fees and other fees and costs; settlement offer of Mr. Robert Kendrick et al, relating to reimbursement for certain water, sewer and street costs; and related issues. Mayor Johnson recessed the workshop session to go into a closed executive session ,with respect to the settlement offer as authorized by Subsection 2(e) of art. 6252-17, TEX. REV. CIV. STAT. ANN. At 8:00 p.m., Mayor Johnson reconvened the workshop session. Moti on was made by Counci 1 member Jenki ns, seconded by Counci 1- member Lang, that the Mayor and City Attorney be authorized to develop an agreement of compromise and settlement to Messrs. Robert Kendrick and Walter D. Allen for all outstanding issues between them and the ci ty on the Vi rgi ni a Court project and the Sunset project, the agreement to be presented to City Council for final consideration on Monday, August 12, 1991. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly MATTERS RELATING TO SIGNS AND PERMISSION TO PLACE THEM IN THE STREET RIGHT OF WAY: City Manager Mike Tanner explained that the City Council may permit group and individual signs to be placed in the street right- of-way by ordinance, resolution or minutes (Section 3-34 of the Code of Ordinances). Signs placed in the street right-of-way that are not specifically permitted by the City Council and not 026 l City Council Workshop Session, August 5, 1991 027 authorized by the Code of Ordinances violate the Code. Responsible groups and individuals are subject to prosecution. A number of signs placed in the street right of way that violate the Code serve the public good. These signs (Recycle Wednesday, Trash Buster and Chemlawn) should not violate the Code and the responsible group or individual should not be prosecuted. Staff recommends such signs be permitted by motion. Mr. Tanner further explained that the lawn care industry is required to post a sign after spraying a yard. After di scuss i on, the consensus of City Counci 1 was to keep the signs out of rights-of-way. If a Recycle sign or Trash Buster sign is placed in the easement, the police officers should be instructed to move the signs and issue a warning to the responsible person. If the violation persists after the warning, the responsible person should be cited. However, Council did agree that the chemical signs be exempted. City Council further agreed the police officers should be instructed to use their discretion in enforcing the sign ordinance. City Council would welcome suggestions from staff on regulating garage sales. City Council also agreed that information regarding signs should be publ icized in the "City Currents". ] Mayor Johnson adv i sed that Li nda Brannen, Co-Cha i r of the Recycling Committee ,reported that the Recycling Committee was collecting all signs on recycling to deliver to the new committee members when they are appointed. MATTERS RELATING TO DEMOLITION OF IMPROVEMENTS ON CITY PROPERTY 4101, 4109 and 4119 CASE STREET : Mr. Tanner recommended City Council consider demolishing the structures at 4101, 4109 and 4119 Case and also taki ng out the fences. Any unnecessary fencing should be removed. Mr. Tanner suggested an alternate on the bid specifications to include replacement of curbs at the driveway aprons. CouncilmemberJenkins st~ted there was a dead tree on one of the lots and suggested the contractor be made aware that the contract included a general clean up., Howev,er:, the sidewalk section on Academy should remain. ] Councilmember Jenkins suggested the demol ition of the buildings on Westpark at the same time. After discussion, it was agreed that Staff would look into the possibilities for removal of the buildings and report to City Council on September 9, 1991. City Council discussed the possibility of salvaging parts of the houses on Case Street. Motion was made byCounc:ilmemberDuke, seconded by Councilmember Jenki ns, that City Counci 1 authori ze adverti s i rig for bi ds for the demolition of the city-owned structures on Case Street and investigate with citizens who have expressed knowledge of City Council Workshop Session, August 5, 1991 0.28 '., charities for salvageable materials for possible use of these materials. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly MATTERS RELATING TO THE REVIEW OF THE SOLID WASTE SYSTEM: Mr. Tanner reported several alternatives that Council might consider for managing the city's solid waste: (a) (b) (c) close the landfill; extend the 1 i feof the landfill for a period of time and delay the cost involved with using a private disposal source. However, there are costs involved to extending the use of the landfill beyond a certain deadline; preserve the services by the city using a privately-owned landfill or go to a pri~ate contractor or some combination of these; or use transfer stations. (d) Mayor Johnson, Mi ke Tanner and Jerry Burns toured the fo 11 owi ng facilities. The Waste Resource Site is in Pasadena and would represent 22 l miles of travel ~r app~xjmately 30 ~inutes of travel time under - good conditions. This landfill is an all-weather facility. It is . all concrete and is a covered facility. Browning Ferris Industries is on McCarty Road which is also a long drive from the city. It, is a dirt surface facility but is less expensive. Approximate tippi.ng fees range from $5.50 to $5.25 per cubic yard. Capacity of the city trucks is 29 cubic yards each. The city has been advised by Organic Matters they will accept the city's composting material at no cost which will provide the city some cost avoidance. Mr. Tanner explained that staff bel ieves the city can continue us i ng the 1 andfi 11 beyond September 1 into October and it may be beneficial to do so. However, Mr. Tanner recommended the landfill be closed in accordance with the accepted closure plan. Interest has been expressed by some groups who are still interested in doing a composting project in the front part of the land fill. Also, the golf course adjacent to the landfill has expressed an interest to lease the property for that purpose. Mr. Tanner further explained, that at this point, disposal needed to be considered. \ City Council Workshop'Session, August 5, 1991 02'9 Mayor Johnson reported that, he and Mike Tanner visited with the Gulf Coast Waste Disposal Authority. That organization offers to construct a transfer facility and would enter into a contract with a number of cities to finance the project. The Mayor reported that a city can transfer a greater amount of garbage to a farther, less expensive site for less cost. Bellaire, West University Place and Southside Place could conceivably go into a partnership to sell bonds for this purpose and amoritize the cost over a 30-year period. However, Mayor Johnson was not recommending this approach, but reporting the information. It was the consensus of City Counci 1 that the City Manager and Staff should develop cost factors involved with the different alternatives and report back to Council. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Lang, seconded by Councilmember Duke, that the workshop session adjourn. Such motion carried and the meeting was adjourned at 9:50 p.m. n ~ri-04uv Wh,tt F. Johns Mayor u 'CITY COUNCIL WORKSHOP SESSION TUESDAY, AUGUST 6, 1991 MUNICIPAL ,BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in theCity,of West University Place, on Tuesday, August 6, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Duke, Jenkins, Lang'. Councilmember Kelly was absent. , i MATTERS RELATING TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed 'executive session as 'authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and, Committees. At 9:45 p.m. Mayor Johnson reconvened the workshop session. Persons interviewed were, as follows: Anita Johnson Bill Arnold Tom Malloy Brett Rule Christie Wise Isabell Kerr Drew McManigle Jim Council M. D. Wickerham Jeann Howse Steve Senia Craig DuCote Mary Lee Gray ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:47 p.m. 030 ,-- i I L ~Mdt F.ff~ itt F. Johnso Mayor ' 031 CITY COUNCIL WORKSHOP SESSION THURSDAY, AUGUST 8, 1991 MUNICIPAL, BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, August 8,1991, with the following members present: Mayor Johnson~ presiding; Councilmembers Duke, Jenkins, Lang. Councilmember Kelly was absent. MATTERS RELATING TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES: Mayor' Johnson recessed the workshop session to convene in clo.s.ed executive session as authorized by the Open Meetings Act, JEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. At 9:35 p.m. Mayor Johnson reconvened the workshop session. J Persons interviewed were, as follows: Dorinda Howard MicholO'Connor Catherine Triosi Dalai Stokes Frank Billings Robert McBride Joe Studlick Larry Wiggins Margaret Wallace Selby Clark Adonica Aston/Johnston Glenn Bradford Dorothy Reiger ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the:workshop session adjourned at 9:40 p.m. (.LJ.J~ ~j; Audrey N1C ls City Secretary Ir~ .~ Whitt F. Jo;?;;G Mayor J 032 REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 12, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Collncil convened in regular session in the Municipal Building, 3800 University' Boulevard, in the City of West University Place, on Monday, August 12, 1991, with the following members present: Mayor Johnson,' presiding; Council members Kelly, Duke, Jenkins9 Lang.' Also present were the City Manager, City Secretary, City Attorney, the Director of Finance and Administration, the City Engineer and the Building Official. Mayor Johnson delivered the invocation and Councilmember Jenkins led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Johnson invited residents ito speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Johnson invited ,residents who wished to address a specific agenda item to speak at this time. Alice Davis, 4130 Amherst, spoke concerning a tree in the construction line of the city's water line replacement project on that street. Ms. Davi s reported that one of the trees on the south side of the street had 15% to 20% of the root base cut. She was concerned that no one in the city was using any precuation to protect the trees in the line of construction. Mr. Tanner reported that the method used in construction is one to provide protection for trees. The city uses the bore method which is the best method to use to protect trees in a utility construction project. The trenching method would cost the life of many trees. With trees in the rights-of-way and with the constraints of space, the city does the best it can. However, the city did not do a tree survey prior to preparation of the plans. Ms. Davis did not think there was any consideration for the trees. Jean Cukier, 3201 University Blvd., addressed the same concern. About a week ago, water access to his property was excavated and the hole was dug too close to a tree. The city crews came in wi thout tell i ng him, cut through the fence to get access to the excavation. The tree was damaged and there is a 50- 50 chance of the tree surviving. Mr. Cukier had the builder's foreman and an Regular City Council Meeting, August 12, 1991 033 l ~ urban forester assess the situation and it was their oplnlon that there were options available to the city crews. The cuts were made on the Buffalo Speedway side of the property. Mr. Tanner offered that the city crews could have done a better job in this situation. Everything Mr. Cukier said was correct. Councilmember Duke thought it was a general lack of awareness on the part of the city crews. Mr. Tanner explained the crews were pressed for time. Counci lmember Duke suggested the ci tyneeded a policy. Mr. Tanner explained there was a policy in place. When there are spatial constraints such as there are in the city, there are going to be problems. But, the city needs to take care as much as possible. Councilmember Jenkins questioned whether the city needed to notify the property owner before doing work in the area that is in the ri ght-of-way. J Mayor Johnson suggested the owners should be notified. Council member Kelly stated he woul d 1 i ke to request that the ci ty provide written notification to the property owner that the city will be working on the property, not . for approval, but for notification purposes. It was agreed the city could do that. Councilmember Lang asked who makes the decision on where a bore is made. Mr. Tanner responded it was the city crews. They try to put the bore where the property owner wantsi t. Mr. QI s concern is rather a unique case. Councilmember Lang stated she thought a crew leader was too low in rank to make a decision on where a bore is made. Baroque Fi neberg, 4127 Cason, suggested it waul d be better to consider the alternatives before work is done. Nick Manos, 4135 Byron, spoke concerning the sign ordinance. Mr. Manos was on vacation the first 3 weeks in July. He put his house on the market during that time. When he returned the "For Sale" sign was missing. He put up other signs and they disappeared repeatedly. Mr. Manos spoke to his realtor who informed him the police department had confiscated the signs and also mailed her 2 tickets for $100 each for putting the signs in the easement. Mr. Manos suggested that if the city was going to enforce the ordinance, the city should send information out in the "City Currents" before they begin the enforcement. The information was in the last edition of the "City Currents", but it was $200 too 1 ate. l ~ Mayor Johnson explained that the city has been concentrating on sign violations, all signs, including the city's on recycling signs. Seventy-six citations were issued. The real estate people are some of the worse violators. The city is going to pick up real estate signs. Regular City Council Meeting, August 12, 1991 034 CouncilmemberDuke advised that the information on sign enforcement has been in the "City Currents" once or twice a year. This is not the first time the city has enforced the sign ordinance. CITIZEN RESPONSE TO AGENDA ITEMS: Mr. Art Hirdler had registered to speak concerning agenda item No. 6. Mayor Johnson requested he wait unti 1 that item was before Council for consideration. BID OPENING FOR CONSTRUCTION OF GROUND WATER STORAGE TANKS AT WAKEFOREST WATER PLANT: Mr. Ivan Langford, representing Langford Engineering Inc., was present. Bids were received by the City Secretary no later than 7:30 p.m., August 12, 1991 ,and formally opened with the following results: Bidder Base Add Bid Alternate Tota 1 Bid Nunn Constructors, Inc. $354~875.00 $26,500.00 $381,375.00 13414 Stallones, Suite 3 Tomball, Texas 77375 Ho 11 oway Company, I nc. $364,302.00 $25,200.00 . $389,502.00 12660 La Rochelle Houston, Texas 77220-5295 Industrial Contractors 11322 Wi ndfern Houston, Texas 77064 $385,500.00 $34,000.00 $409,500.00 Schier Construction Co. 14250 Schroeder Rd Houston, Texas 77070 Motion was made by Councilmember Jenkins, seconded by Council member Lang, that City Council refer the bids to the City Manager, City Consulting Engineer and the City Attorney for tabulation and recommendation. $409,150.00 $29,600.00 $438,750.00 Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Regular City Council Meeting, August 12, 1991 035 BID OPENING FOR REPAIR OF KOMLINE - SANDERSON BELT FILTER PRESS: One bi d for the repa i r of, the Koml i ne -:, Sanderson Belt Fi 1 ter Press, was received by the City Secretary. The deadline for submitting bids was 4:00 p.m., August 12, 1991. The bid was opened with the following results: Bidder Amount Bid Mechanical Dynamics 1330 Boyles Houston, Texas 77020 $19,140.00 J City Engineer Brent Sherrod explained that one reason only one bid was received was because this is specialized work. Mr. Sherrod was' advised by the manufacturer that they do not have repair units but could bid a new unit. Actually, the bid incl,uded repair of two belt fi 1 ter presses. He estimated $20,000 for the repair of both units. Estimated cost for a new unit was $80,000. Warranty on the repair was one year for parts and workmanship. Moti on was made by Councilmember. Lang, seconded by Counci lmember Duke, that City Council accept the one bid by Mechanical Dynamics in the amount of $19,140.00 and authorize staff to proceed with the repairs. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None MATTERS RELATING TO "AMERICA THE BEAUTIFUL CHALLENGE GRANT: TEXAS INITIATIVE Susan Kasper, 4127 Cason, requested Council consider a resolution authorizing the city's participation in the IIAmerica the Beautiful - Texas Initiative Challenge Grant". Ms. Kasper explained it was a federal grant program in which the city was requesting $10,000, to be matched by the city, to hire an urban forester to help educate builders, homeowners and city employees on the protection of trees. Linda Day, 4124 Lehigh, spoke i nfavor of, the grant proposal and urged Council to consider authorizing the application. J Mayor Johnson explained the question was whether or not the city was in the position to employ an urban 'forester and spend $10,000 for that purpose. Discussion focused on the possibility of modifying the grant request to include planting trees and to hire an urban forester on a part-time basis, as needed. Regular City Council Meeting, August 12, 1991 036 Councilmember Lang was in favor of a program to educate employees on how to protect trees without hiring an urban forester. She did not think spending $20,000 in one year on an urban forester would ~olve the problem. . Councilmember Jenkins agreed with Councilmember Lang and, further, supported getting away from telling people what they could and could not do on their property. He preferred using the $10,000 to buy and plant trees rather than on a consultant. Counci lmember Duke concurred and stated hi s concern was that the city would be awarded the grant and next year be expected to spend the money in that year's budget. City Council was trying to limit services to the most significant. He had heard from some residents who do not want a full-time urban forester. Council- member Duke suggested the city enforce the ordinances in place now to protect trees. He thought the urban forester role was ill defined and needed to be clearly limited to a finite time and specific projects so that it does not lead to a full-time position. Councilmember Kelly commented that the program was proposing funds for a consulting service which is a outside contractor. The city was probably destroying trees with construction. The city was doing something not right and the city does not have the expertise to protect the trees. Councilmember Kelly did not think the city was bi g enough to requi re an urban forester. He had understood the city was going to explore the possibility of a joint program or a sharing arrangement with other cities. I- I I I L The City Manager explained that if the city does not receive the grant, then the city would not be obligated to spend the $10,000. The project description, as presented, read as follows: III. PROJECT DESCRIPTION Incorporated in 1925,' West University Place is a city of approximately 5,400 homes placed on 1,228 acres. Although the lots contain numerous mature trees, the average lot siieis 5,000 square feet. Surrounded by the City of Houston and bordered 'in part' by the cities of Southside Place and Bellaire, West University Place is currently undergoi ng a resurgence of development as small bungalows are replaced with much larger homes. During this process, the mature urban forest is' being cut down or fatally damaged by construction practices including excessive pruning, grade changes, compaction of the soil, trenching and top filling around the tree trunk. According to the Tree People, a non-profit group working to preserve the urban forest in West University Place, the city is losing 800-1,000 trees each year. A September, 1990 survey of approximately 40% of the city's homes found that 50-80% of the front' yard . trees are being lost during the redevelopment of home sites. Regular City Council Meeting, August 12, 1991 037 In order to preserve the existing urban forest in West University Place, funds are needed to at times employ an urban forester, a position which is not provided for in the current city budget. It is perceived that the introduction of an urban forester to the community will provide expertise and help rectify all existing conditions which contribute to the demise of our mature trees. Recognizing the serious situation that has materialized with the current redevelopment in West University Place, the city government has agreed to sponsor the proposed grant program and provide the required matching funds of $10,000.00. Upon obtaining approval and funding of the proposed "America The Beautiful ~ Texas Initiative Challenge Grant", an urban forester will be hired on a consultant basis. The urban forester will provide the following services in conjunction with the City Inspection Department: L Provide specifications for the preservation and conservation of mature trees on all properties that are to be redeveloped or remodeled. 2. Work with building contractors and homeowners to ensure the preservation specifications are followed. 3. Provide educational programs for city building inspectors and citizens regarding proper protection procedures during the construction process. 4. Perform the duties authorized by a tree preservation ordinance. , , It is vital to the welfare of the city to preserve the urban forest. Without the expertise ofa. trained urban forester, the City of West University Place will lose the- trees that contribute to the ci ty' s qual i ty ofli fe.." Councilmember Duke suggested the project description be broadened to include items listed under 3.1 and 3.3 of the grant program. Mayor >Johnson presented and read Resolution Number 91-11, as follows: C I T Y 0 F W EST U N I V E R SIT Y P LAC E RESOLUTION NUMBER 91-11 , . WHEREAS, the Texas Forest Service in cooperation with the United States Forest Service and the Texas Urban Forestry Council, Inc., has established an urban and community forestry challenge cost-share program; and Regular City Council Meeting, August 12, 1991 038 WHEREAS, under such organizations projects; and funds or other support shall be provided program to el igible .communities and on a competitive basis for urban forestry WHEREAS, the City .0fWest University Place is interested in preserving theexistiog urban forest in the city and with assistance help rectify all existing condi ti ons. whi ch damage our matur.e trees.. .NOW THEREFORE, . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: . Secti on 1. The City Counci 1 approves and authori zes an application to the America the Beautiful - Texas Initiative Challenge Grant Program for a grant relating to the preservation of the Urban Forest of West University Place, Texas. The City Council also approves and authori zes all necessary contracts and related documents. The Mayor is authorized to sign and deliver such application, contracts and documents and to take all other action necessary for the proper completion and pursuit of the application. Section 2. The Mayor is hereby designated as the city' srepresentative for dealing with the America the Beautiful - Texas Initiative Challenge Grant Program in connection with this project. . The Director of Finance and Administration is hereby designated as the city's fiscal officer to receive funds pursuant to the grant applied for. I~ I l Section 3. The City Council endorses, permits and encourages the p 1 anti ng of trees on pub J i c property and designated park areas in the city. ' Section 4. The City Council appropriates and commits up to $10,000.00 to provide its share of the cost of the urban forestry project to be matched with the amount, if any, received from the America the Beautiful - Texas Initiative Challenge Grant Program. If the grant is not received all appropriated funds will revert to the city's general fund. Should the grantreques ted be funded in whole or in part, no funds shall be expended until a specific program is developed and approved. by City Council. It is expected that the program will include specific tasks and activities including estimates of start and completion dates, costs, and persons responsible for supervision and completion. Secti on 5. . All reso 1 uti ons and parts of reso 1 uti ons in confl i ct herewith are hereby repeal ed to the extent of the cohflict only. Regular City Council Meeting, August 12, 1991 039 Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the app 1 i ca t i on thereof to any person or c i rcums tance, sha 11 ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragrapb, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV . STAT. ANN. art. 6252-17, as amended , and that each such meeting has been open to the publ ic as required by law at all times during such discussion, consideration -and action. The City Council ratifies, 'approves and confirms such notices and the contents and posting thereof. Section 8. This resolution'shall take effect and be in force immediately from and after its passage and signature. PASSED AND APPROVED this the August , 1991. Voting Aye: Voting No: Absent: 12th day of ATTEST: Signed: J.t/iJl-r~ itt F. John ., ayor . Approved as to Form: Audrey Nichols City Secretary (SEAL) James L~ Dougherty, Jr. City Attorney Councilmember Kelly proposed amending, the Project Description, second paragraph, to read: In order to preserve, the existing urban forest in West University Place, funds are needed to MFe at times employ' a consulting urban forester, a position which is not provided for -in the, current city budget. It is perceived that the introduction of an urban forester to the communi ty wi 11 provide ~Re f9l:i1RElaU9R f9F eFeaUR~ a ~eFlRaReR~ ~9S:j.U9R :j.R ~R4s a Fe.a 9f experti se and hel p c 1 ari fy all existing conditions which contrlDute to 'the dem1seuf uur. IIIe1Lure trees. The amendment WOUld remove any s'ta'tement of Inlt:!llL elL Regular City Council Meeting, August 12, 1991 this time that City Council had'decided to make the urban forester a permanent position or even considering it as a permanent position in the future. Counci lmember Kelly' further suggested that Section 4 of the proposed resolution be amended to read: The City Council appropriates and commits U~ito $10,000.00 ~9 ~F9y4E1e 4~s 5RaFe 9f~~ee9S~ 9f ~Re l:iI~ afl f9Fe5~.FY ~~9~ee~ to be matched with the amount. if anv. received from the Challenae Grant Proaram. If the arant is not received. all aoorooriated funds wi 11' revert to the General Fund.' Motion was made by Councilmember Kelly that City Council adopt Resolution Number 91-11 as read with the stipulation that Section 4 be amended as prbpo'sed', and the application be amended as proposed. Councilmember Duke seconded the motion. Councilmember Jenk-ins' moved that the motion be amended that City Council appropriate some of the fund to planting trees and that it be ihcludedin the application to the Texas Forest Service. Councilmember Jenkins' motion to amend the main motion died for lack of a second. Councilmember Duke offered the following amendment to the main motion to be inserted at the end. of se.ction 4: Should the grant requested be funded in whole or in part no funds shall be expended until a specific program is developed and approved by City Council. It is expected that the program will include specific tasks and activities including estimates of start and completion dates, costs and persons responsible for supervision and completion. Councilmember Kelly seconded the amendment which carried by the following vote: Voting Aye: Mayor Johnson, COI,mcilmembers Kelly, Duke, Jenkins, Lang None None Voting No: Absent: Mayor Johnson called for a vote on the main motion. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None MAINTENANCE OF STREET RIGHT OF WAY ADJACENT TO 6416 COMMUNITY: Consideration was given to the request by Mr. Art Hirdler to maint~in vegetation in a certain -area of the street right-of-way adjacent to his residence at 6416 Community Drive. 010 I I L Regular City Council Meeting, August 12, 1991 041 Mr. Hirdler requested Council allow him to maintain the north half of the street right-of-way adjacent to his property and the city would maintain the south half of the area. Mr. Hirdler read a written statement reiterating his belief that he should be allowed to maintain the north half of the area to protect and promote the growth of tree sprouts. Mayor Johnson as ked Mr. Hi rd 1 er if he thought he had been gi ven adequate and proper time to present his request to the City Council. . Mr. Hirdler stated he had been granted adequate opportunity to present his request to the City Council. Mayor Johnson asked the City Manager for his recommendation. Mr. Tanner explained he thought the right-of-way area should be uniformly maintained. If Mr. Hirdler would provide uniform maintenance, maintain it like the south half of the property, Mr. Tanner had no objection to Mr. Hirdler's maintainfng it. His concern was that it would not be properly maintained. Mayor Johnson asked if his recommendation would require that the tree seedlings would have to be mowed. I I I Mike Tanner agreed that if they can- not be maintained, they should be removed. There is a difference in the maintenance of the south ha 1 f and the north ha 1 f of the property. . The north ha 1 f has not been maintained properly.' At times the property has been unsightly. The property needs to be maintained properly. Motion was made by Councilmember Lang that the city mow the south 1/2 of the right-of-way between Byron and Community from the center line site to the cyclone fence just south of 6416 Community . and the north ha 1 f be cons i dered the same as the pa rk way at any resident's house between the sidewalk and the street; the city was not responsible for maintaining anyone else's and should not be responsible for maintaining Mr. Hirdler's. Councilmember Jenkins seconded the motion. I J Councilmember Duke stated he would like Mr. Hirdler to understand that it is city property and the city may in time find something that needs to be done on that property and the. trees may be damaged. Councilmember Lang stated that all residents must maintain the rights-af-way in acc~rdancewith the city's ordinances. The motion carried by the following.vote: Voting Aye: Voting No: Absent: Councilmember~ Kelly, Duke, Jenkins, Lang Mayor Johnson None Regular City Council Meeting, August 12, 1991 CITATIONS ISSUED TO BUILDERS: Mayor Johnson reported that Sy Stre 11 er called and requested hi s topic be removed from the agenda. ' Cecil Boles, Building Official, ,explained there were three builders who repeatedly violated the city's ordinances pertaining to building sites. They were, . not happy with the city's enforcement of the building code and .claim they were harassed by the Inspections Division. The Inspections Division tries to strictly enforce the building code and write citations when there is a violation. Mr. Boles stated some violations were missed because the Inspection Divisionis currently short-handed. Mike Tanner recommended the city hire four building inspectors because of the demand on the Division. REPORT FROM DIRECTOR OF FINANCE AND ADMINISTRATION ON PAYROLL SERVICE: Director of' Finance and Administration Donna Sims reported that, as requested by Council, she had gathered information to make a proposal for payroll services. ADP was contacted and submitted a proposal for comparison purposes. The total cost ofADP Annually City cost to provide same service (5 hours per week) . $4,621.00 $3,201.01 The Payro 11 Accountant fu 1 fi 11 s many other accounting duties in the Fi nance Offi ce. Thi sana lys is was 1 i bera lly construed to the benefit of ADP. Calculations were made of a comparison of services with ADO to percent of the city's time to perform the same service. There was a small saving on an hourly basis only. The following options provide a more complete basis for comparison. OPTION 1 This option would save the city $5,086.37 annually. OPTION 2 This option would cost the city $7,509.98 more per year. Although Option 1 shows a saving of $5K per year, there are several drawbacks to a part-time person: *Relying on a part-time person to perform critical accounting functions *Lack of historical stability with part-time employee It was not the Finance Director's recommendation to make this change at this time. 042 ,-- I L [ [ Regular City Council Meeting, August. 12, 1991 0'43 The Payroll Account position could. be eliminated under the following conditions: I . ADP Part-time person @ 35 hours per week FICA Total Cost $4,621.00 19,110.00 1,461. 92 $2~,192.92 I I. ADP 1820 hours of overtime FICA TMRS Total Cost $ 4,621.00 28,665.00 2,192.87 2,310.27 $3/,/89.21 III. PAYROLL'ACCOUNTANT Sal ary FICA TMRS Health Checks Total Cost $23,541.00 1,800.89 1,897.40 2,900.00 $30,139.29 140.00 $30,L/~.L~ R~presentatives from ADP and Paychex were present and reported on the services offered by their firms. City Manager Mike Tanner' advised Council that staff had taken a hard look at the circumstances and can not recommend eliminating a position going to a payroll service. The city can not reduce the hours of a position and maintain the qual ity and, efftciency that the city has now. Consideration was given to shifting responsibility, but it can not be done without losing efficiency and effectiveness. The city can' bring in this service without eliminating a position, but it will result in an additional cost. Ms. Donna Sims stated she concurred with the City Manager. She was not opposed to a payroll servi ce, but she coul d not make a corresponding cut in the department. - Ms. Sims advised that during the budget process staff could introduce some savings to City Counc il that may help cut cos ts and perhaps a pos i ti on. Councilmember Jenkins stated he did not think the city should approach using a payroll service with the attitude that a position could be eliminated. Councilmember Jenkins did not know if the $3200.00 in' the report reflected the cost of checks and other items and protecting for down time. He reporte9 he had used Paychex in his business and could not justify printing checks in house. Councilmember Jenkins thought the savings, were apparent in computer time, employee time, programming time and maintenace cost of the computer. He was in '-favorof trying the payroll service and thought it could help eliminate one person. Regular City Council Meeting, August 12, 1991 Councilmember Duke agreed with Councilmember Jenkins that there may be other costs' that have to considered for a true comparison. He expressed the view that maybe instead of cutting a position, the extra time could be put to a higher or better use than payroll processing. Someday, the city will have; to replace the computer system.' A payroll service could result in additional savings on equipment, programming, etc. Counc;lmember Kelly stated he thought it was less expensive to use a payroll servi ce and requested staff try to cut a person duri ng the budget process. Mayo'r Johnson agreed and recommended Counci 1 wait unti 1 budget time to make this decision. Motion was made by Councilmember Jenkins, seconded by Council- member Lang, that City Council adopt a payroll servlce, the choice of the service being the option of staff asl ong as it is under $5,000 and that City Council amend the budget to appropriate the funds for the service. Councilmember Kelly recommended Council wait to budget time to see what the recommendations from staff would be. The motion was voted on and carried by the following vote; Voting Aye: Voting No: Absent: Mayor Johnson, Councilmember Duke, Jenkins, Lang Counci lrnemberKe lly None Councilmember Duke commented that an employee will have an extra 5 hours a week, put it to good use~ MATTERS RELATING TO THE EXTENSION OF VIRGINIA COURT: Consideration was given to matters relating to the extension of Virginia Court and the, associated public facilities and landscaping, including acceptance of such facilities and landscaping; conveyances ofri ghts. of way and easement ; completion of subdivision plat; payment of water, sewer' and street infrastructure fees and other fees and costs; settlement offer to Mr. Robert Kendrick et al, relating to reimbursement for certain water, sewer and street costs; and related issues. City Attorney Jim Dougherty exp,lained the documents under consideration included a Hold Harmless Agreement on Virginia Court and Sunset Boulevard. The amount of the settlement was increased to reimburse additional fees that have been included. The two building sites on Sunset Boulevard have been sold and are no longer an issue. WalterD. Allen's agreement is changed to reflect only the Virginia Court extension. The following is the Agreement with Mr. Robert M. Kendrick: 044 [ c- l Regular City Council Meeting, August 12, 1991 045 ] ] Background Beginning in 1983, Mr. Kendrick and his partner, Mr. Walter D. Allen, ("Mr. Allen"), arranged for and constructed a six-lot residential development in the City. The lots for this project were located along Virginia Court near Duke 'Street, and they included Lots 7A, 7B, 8A, 8B, 9A and 9B in Block 26, West University Place Addition, Harris County, Texas. This project also included related utili'ties, street facilities, drainage, etc. This project is referred to in the Agreement as "Virginia Court Project." Mr. Kendrick, Mr. Allen, the City and other parties entered into' an; '!Infrastructure Agreement For Certain Facilities Related to: Virgini,a Street Properties" dated as of March 24, 1986 ("Infrastructure Agreement"). Certain disputes have arisen in connection with the Infrastructure Agreement, primarily with regard to the amount of reimbursement payments alleged to be due to Messrs. Kendrick & Allen as a result of a new project (undertaken by others) to extend Virginia Court and the associated facilities to the south. ' J Separately, Mr. Kendrick purchased lots 4A, 4B and 5B, Block 84 West University Place Second Addition, in the 3600 block of Sunset Boulevard, Harris County, Texas (in the City). This project is referred to in this Agreement as the "Sunset Project. n Mr. Kendri ck pl anned to bui 1 d a house for himself on one of these lots and either ,sell or build on the other two, so that there would be three separate building sites in all. - A controversy arose over the size of the first lot (Lot 4A) after construction had started. The City contended that the lot was too small to be a separate building site; Mr. - Kendrick contended that the' lot included part of the adjacent flood control easement; thus making it the proper size for a separate building site. Mr. Kendrick has taken issue with the City'sruling on this matter and has claimed that he was financially damaged by the halt in construction. Since that time, Mr. Kendrick reports that he has sold Lots 4A Regular City Council Meeting, August 12, 1991 046 and 4B as a site for a 's ing 1 e res; dence; Mr. Kendri c k retains lot 58 for sale or development as a single building site. Recognizing that dispute and uncertainty exists as to the validity of the claims against, and any ,alleged liability of, the City, Mr. Kendrick and the City have entered into this Agreement so that all aspects of the claims 'and alleged liability. can be resolved and so that the risks and uncertainties of litigation against the City can be forever foreclosed. Definitions Certain words and phrases used in this Agreement shall have the meanings given to them in Exhibit A, attached. "Mr. Kendrickn and "City" are more fully defined in Exhibit A. Aqreement 1. Thi s Agreement shall take effect when the Ci ty del i vers the check, i ncludedas part of the Consi derati on, to Mr. Kendrick either by hand or to his address indicated below. 2. For the Consideratton: (i) Mr. Kendrick RELEASES, ACQUITS AND FOREVER DISCHARGES the City from the Settled Claims,(ii) Mr. Kendrick shall INDEMNIFY AND HOLD THE CITY HARMLESS from any and all of the Settled Claims, inCluding all costs, expenses and'legalfees in defending same, including those which have been or which may hereafter be asserted' by any person, firm or corporation whomsoever C 1 a imi ng by, through or under, Mr. Kendri ck or any partnership of Mr. Kendrick, :whichclaims in any way relate to the Virginia Court Project, the Sunset Project, the Consideration, the Infrastructure Agreement or this Agreement, (iii) Mr. Kendrick agrees that the Consideration is accepted in full settlement of the Settled Claims, and (iv) Mr. Kendrick agrees that he. will neither commence nor prosecute' any lawsuits or administration, proceedings against the City with respect to ,any of the Settled Claim. Because part of the Consideration represents reimbursement of fees paid by Mr. Kendrick for water and sewer connections to serve .the Sunset Properties, it' is understood and agreed that such fees will remain payable, for each, connection, by whoever first seeks to establ ish new utility service (which may be Mr. Kendrick in the case of the property he still owns, Lot 5B). 3. The Parties represent to each other that before executing this Agreement: (i) the, Parties became fully informed of the terms, contents, condi ti ons and effect of this Agreement; (ii) that in making this settlement, the Regular City Council Meeting, August 12, 1991 047 Parties have had the benefit of advice of counselors and attorneys of their own choosing; (iii) that no promise or representation of any kind has been made to the Parties by the Parties or by anyone acting for the Parties, except as is expressly stated in this Agreement, (iv) each Party has rel ied solely on that Party's own judgment and counsel in making this settlement (v) the Parties fully understand that this is a full, complete and final release of the Settled Claims. 4. The Parties agree that this Agreement is made bi ndi ng upon and shall inure to the benefit or detriment, as the case may be, of the Parties and of the officers, agents, employees, representatives, affiliated and successor entiti es, and legal or personal representati ves of each of the Parties signing this Agreement. 5. The Parties understand and agree that the payment of the Consideration is not an express or implied admission of negligence, responsibility or liability on the part of the City. Rather, such consideration is being paid in order to compromise and settle disputed claims so that the Parties to the Agreement may forever avoid the . expense, uncertainties and hazard ~f litigation~ [ 6. The Parties recognize that the recitations contained in this Agreement are contractual and not mere recitals. 7. If any provision of this Agreement or the application of such prOV1Slon to any person or circumstance, shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held i nva 1 i d, shall not be. affected thereby and shall be enforced to the greate'st extent permitted bylaw to the extent it does not destroy the basis of the bargain between the Parties. EXECUTED IN MULTIPLE ORIGINALS on the dates as stated below. Robert M. Kendrick Address: Date: ~ RSITY PLACE, TEXAS ~ n Regular City Council Meeting, August 12, 1991 048 Address: c/o City Secretary ;, 3800 University Blvd. Houston, Texas' 77005 Date: FINANCE DIRECTOR'S CERTIFICATE I certify that the above and foregoing obligation compl ies with a budget appropriation (Account No. ) and there is or wi 11 be enough money in that account to meet the obligation when due. Date: Finance Director Reviewed: City Attorney Exhibit A This Exhibit A is an integral part of the attached Agreement of Settlement and Release. Certain Terms [ In this Agreement, certain terms shall have special meanings as set out below, unless the context in which one of these terms is used clearly requires a different meaning. "City" means: (i) the. City of West University Place, Texas, (i;)all ,of its -boards and commissions, (iii) all offi cers, members, agents, - -emp 1 oyees , representa ti ves and affiliated and successor entities of said City or any of its boards or commission and (iv) all other persons or entities for whose conduc,t the City may be 1 iable. "Consideration" means a check made payable to Mr. Kendrick in the amount of $6,726.87 as well as the agreements and representations set out in this Agreement. II Infrastructure Agreement" Background section. "Mr. Kendrick" means Mr. Robert M. Kendrick all partnerships and business entities including him or controlled by him, all persons and entities acting in concert with him or in his behalf and all persons or entities claiming by, through or under him. is defined in the "Parties" includes Mr. Kendrick and the City. Regular City Council Meeting, August 12, 1991 049 D "Settled Claims" means all claims, demands and causes of action of Mr. Kendrick that directly or indirectly arise out of or are related to any transacti.onor dealing between or among them or the City, or any 'act or omission of the City, which dealing, transaction, act or omission concerns, relates to or arises out of: (i) the Virginia Court Project, or the extension of the facilities included in the Virginia Court project, (ii) the Sunset Project 'of (iii) the Infrastructure Agreement. Incl uded in such cl aims, demands and causes of action are: all claims, demands, suits, debts, accounts, bonds, covenants, agreements, actions, cross-actions, liabilities, obligations, lawsuits, costs, expenses, remedies of any kind that are now recognized by law or that may be created or recognized in the future by any court, tribunal or forum (including but not 1 imi ted to a 11 forms of equ itab 1 e re 1 i ef and a 11 forms of legal remedies, including but not limited to prejudgment interest, actual damages, Deceptive Trade Practices Act damages, civil rights damages, compensation for constitutional taking or damage, property damage, economic loss, lost profits or goodw'ill, consequenti a 1 damages, all penalties of any kind, exemplary and punitive damages and post-judgment interest ,attorneys fees, costs of court and all other monetary. damages or :awards) and all causes of action of any nature~ whether under state or federal jurisdiction, whether based upon tort, fraud, conversion, contract, common law, judicial decision, statutory right, regulatiqn or otherwise. "Sunset Project" is defined in the Background section. "Virginia Court Project" is defined in the Background section'. Singular/Plural, Etc. In this Agreement, the singular includes the plural and vice versa; 1 fkewise, ,the disjunctive · includes the conjuctive, and v;.ce versa." Moti on was mac!e by Counci lmember Lang, seconded by Counci lmember Jenkins, that City Council authoriz.e the Mayor to execute the Agreement with Mr. Robert M. Kendrick on behalf of the city. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None 1 Voting No: Absent: The following Agreement By and Between Mr. Walter D. Allen and the city was presented, as follows: --' Regular City Council Meetirig,August 12,1991 AGREEMENT OF SETTLEMENT AND RELEASE BY AND BETWEEN MR. WALTERD.ALLEN AND THE CITY OF WEST UNIVERSITY PLACE STATE OF TEXAS 9 COUNTY OF HARRIS 9 THIS :AGREEMENT OF SETTLEMENT AND RELEASE ("Agreement") is made by and between Mr. WalterD. Allen, of Harris- County, Texas (nMr. Kendirck") and the City of West University Place, Texas, a municipal corporation situated in Harris County, Texas ("City"). - " , Background , ' Beginning in 1983, Mr~ All~nand his partner, Mr. Walter D. Allen, (-"Mr'. Allen"),. arranged for and constructed a six-lot residential development in the City. The lots for this project w~re located .alongVirginia Court near Duke Street, and they included Lots 7A, 7B, 8A, 8B, 9A and 9B in Block 26, West University Place Addition, Harris County, Texas.' This project also included related util ities, street fac'Uities, drainage, etc. This. project is referred to -in the Agreement 'as "Virginia Court Project. II Mr. Kendrick, Mr. Allen, the City and other parties entered into an "Infrastructure, Agreement For Certain Facilities Related to Virginia StreetProperties" dated as of March 24, 1986 (IInfrastructureAgreement"). Certain disputes have arisen in connection with the Infrastructure Agreement, prlmarily with regard to the amount of reimbursement payments alleged to be due to Messrs. Allen & Allen as a result of a new project (undertaken by others) to extend Virginia Court and the associated facilities to the south. Recognizing that displite and uncertainty exists as to the validity of the claims against, and any alleged liability of, the City, Mr. Allen and the City have entered into this Agreement so that all aspects of the claims and alleged 1 i abil ity can be reso 1 ved and so that the ris ks and uncertainties of litigation against the City can be forever foreclosed. Definitions Certain words and phrases used in this Agreement shall have the meanings given to them in Exhibit' A, attached. "Mr. Allen" and "City" are more fully defined in Exhibit A. Agreement 050 i r i L Regular City Council Meeting, August J2, 1991 051 n 4. The Parties agree that this Agreement is made binding upon and shall inure to the benefit or detriment, as the case may be, of the Parties and of the officers, agents, employees, representatives, affiliated and successor entities, and legal or personal representatives of each of the Parties signing this Agreement. 5. The Parties understand and agree that the payment of the Consideration is not an express or implied admission of negligence, responsibility or liability on the part of the City. Rather, such consideration is being paid in order to compromise and settle disputed claims so that the Parties to the Agreement may forever avoi d the expense, uncertainties and hazardof:litigation. Regular City Council Meeting, August 12, 1991 052' 6. The Parties recdgnize that the recitations contajned in this Agreement are contractual and not mere recitals. 7. If any provision of this Agreement or the application of such prOV1Slon to any person or circumstance, shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held i nva 1 i d ,sha 11 not be affected thereby and shall be enforced to the greatest extent permi tted by 1 aw to the extent it does not destroy the basis of the bargain between the Parties. EXECUTED IN MULTIPLE ,ORIGINALS on the dates as stated below. Walter D. Allen Address: Date: CITY OF WEST UNIVERSITY PLACE, TEXAS BY~- Name: Whi Title: Mayo Address: c/o City Secretary 3800 University Blvd. Houston, Texas 77005 Date: FINANCE DIRECTOR'S CERTIFICATE _ I certify that the above and foregoing obligati-on complies with a budget appropriation (Account No. ) and there' is or will be enough money in that account to meet the obligation when due. Date: Finance Director Reviewed: City Attorney Exhibit A This Exhibit A is an integral part of the attached Agreement of Settlement and Release. Certain Terms Regular City Council Meeting, August 12, 1991 053 In this Agreement, certain terms shall have special meanings as set out below, unless the context in which one of these terms is used clearly requires a different meaning. "Cityll means: (i) the City of West University Place, Texas, (i i) all of its boards and commissions, (i i i) all officers, members, agents, employees ,representa t i ves and affiliated and successor entities of said City or any of its boards or commission and (iv) all other persons or entities for whose conduct:the City may be liable. IIConsideration" means a check made payable to Mr. Allen in the amount of $5,798.37 as well as the agreements and representations set out i~ this Agreement. "Infrastructure Agreement" Background section. "Mr. Allen" means Mr~ Walter D. Allen all partnerships and business entities including him or controlled by him, all persons and entities acting in concert with him or in his behalf and all persons or entities claiming by, through or under him. is defined in the j "Parties" includes Mr. Allen and the City. J "Settled Claims" means all claims, demands and causes of action of Mr. Allen that directly or indirectly arise out of or are related to any transaction or dealing between or among them or the City, or any act or omission of the City, which dealing, transaction, act or omission concerns, relates to or arises out of: (i) the Virginia Court Project, or the extension' of the facilities included in the Virginia tourt project, or (ii) the Infrastructure Agreement. Included in such claims, demands and causes of action are: all claims, demands, suits, debts, accounts, bonds, covenants, ," agreements, 'actions, cross"'"actions, liabilities, obligations, lawsuits, costs, expenses, remedies of any kind'that are now recognized by law or.that may be created or recognized in, the future by any court, tribunal or forum (including but not limited to all forms of equitable relief and, all forms of legal remedies, including but not limited to prejudgment, interest, actual damages, Deceptive Trade Practices Act damages, civil rights damages, compensation for constitutional taking or damage, property damage, economi cl ass, lost profits or goodwill, consequential damages, all ~nalties of any kind, exemplary and punitive damages and post-judgment interest, attorneys fees, costs of, court and all other monetary damages or awards) and a 11 causes of action of any nature, whether under state or federal jurisdiction, whether Qased upon tort, fraud, conversion, contract, common law, judicial decision, statutory right, regulation or otherwise. Regular City Council Meeting, August 12, 1991 054 "Virginia Court Project" is defined in the Background section. Singular/Plural, Etc. In this Agreement, the singular includes the 'plural and vice versa; likewise, the ,disjunctive includes the conjuctive, and vice versa." ' Motion was made by Councilmember Lang, seconded by Councilmember Jenkins, that City Counci 1 authorize the Mayor to execute the Agreement with Mr. Water, D. Allen, as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None City Manager Mike Tanner recommended City Council accept the subdivision improvements and, apprQve, the replat relating to the extension of Virginia Court, and the associated puol icfacil ities and landscaping (streets, storm sewer, utilities and landscape) that have been constructed and meet or exceed city standards. Si dewa 1 ks have not been constructed (they woul d be damaged or destroyed during house construction) and the tab, for turning around may be moved. Mr. Tanner's recommendation for approval was conditional on the following: 1. The tab not be moved until a second is approved, constructed and accepted by the city. 2. Certificates of occupancy not be issued for homes constructed until sidE;!walks that meet or exceed city standards have been constructed. 3. The Developers assign contractor warranties to the city. Motion was then made by. Councilmember Kelly, seconded by Councilmember Duke, that City Council accept the subdivision improvements relating, to the extension of Virginia Court and authorize execution by thecUy under the conditions and terms recommended by the City Manager. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None ENGINEERING SERVICES FOR THE, REHABILITATION OF RICE BLVD: Consideration was given to the invoices totaling $8,381.02 for engineering services in connection with the rehabilitation of Rice Blvd., as follows: I~ l Regular City Council Meeting, August 12, 1991 055 (a) Invoice No. 6483 in the .amount of $4,851.04 for services through May 29, 1991; and (b) Invoice No. 6516 in the amount of $3,529.98 for services through June 26, 1991. Mr. Tanner recommended the invoices for payment. fi na 1 payments due to - Langford Engi neeri ng Rehabilitation of the Rice Blvd. Project. They represent Inc. , on the Motion was made by Councilmember Kelly, seconded by Councilmember Duke, that City Council authorize payment of the invoices to Langford Engineering Inc., as listed. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Voting No: Absent: WAKE FOREST ELEVATED STORAGE PROJECT: ] Consideration was given to Monthly Estimate No. 8 in the amount of $23,943.04 submitted by Pitt-DesMoines, Inc., for work performed May 27 through June 26, 1991, on con'struction of the 500,000 gallon elevated storage tank. Mr. Tanner recommended payment to Pitt-DesMoines, Inc. The project is 86.17% complete and completion date is scheduled for September 21, 1991. Motion was made by Councilmember Kelly ~ seconded by Counci lmember Duke" that City Council authorize payment of Monthly Estimate No. 8 in the amount of $23,943.04 to Pitt-DesMoines, Inc. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Voting No: Absent: ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to th~ invoices! totaling $15,570.48 submitted by Langford Engineering Inc., for the following utility related projects: (a) Invoice No. 6533 in the amount of $2,878.02 for the Wakeforest Water Plant Expansion; J (b) Invoice No. 6534 in the amount of $507.59 for Priority Area 2B (Wroxton to University and Kirby' to Wakeforest) and the Water Line Replacement Project I on Amherst, Academy, Bissonnet and West Point; Regular City Council Meeting, August 12, 1991 (c) Invoice No. 6535 in the amount of $8,484.02 for Priority Area 3, Sanitary Sewer Renovation (West University First Subdivision); (d) Invoice No. 6536 in the - amount of $2;096.37 for the Surface Water Line to the Milton Street Water Plant; (e) Invoice No. 6537 in the amount of $1,238.10 for Phase 1, Priority Area N'6. - 4, Sanitary Sewer Renovation in Sunset Terrace Subdivision; and (f) Invoice No. 6538 in the amount of $366.28 for the lO-Inch Sanitary' Sewer Replacement in the easement of Emory and South,Ju~son Streets. Mike Tanner reviewed each invoice and recommended payment. Moti on was made by Council member Kelly, seconded by Counci 1 member Duke, that City Council authorize payment of $15,570.48 to Langford Engineering Inc., for the invoices as listed. Voting Aye: Voting No: Absent: Mayor Jobnson, Councilmembers Kelly, Duke, Jenkins', Lang None ' , None ENCROACHMENT ON WESTPARK PROPERTY: Consideration was give to the fence encroachment and signal light encroachment on the Westpark Property. The City Manager explained that a recent survey of the Westpark property revealed that the existing fence, which was installed by METRO, is several feet into the city's property. The survey also shows the signal pole to'be encroaching into the city's property. METRO has indicated they would work with the city to resolve the problems. After discussion, City Coul')cil concurred that the City Manager wou 1 d contact - METRO and" as k" them to' move the fence and to see what agreements may be reached on the signal light encroachment. LEGAL SERVICES: Consjderation was given to t~e invoice in the amount of $4,709.25 submitted for legal services, provided on the city's behalf for the month of July 1991. 056 I L Motion, ,was ,made by Councilmember Kelly, seconded by Councilmember Jenkins, that the i,nvoicein the amount of $4,709.25 for le9al G services for the month of July 1991 be approved for payment. l Regular City Council Meeting, August 12, 1991 057 Voting Aye: Voting No: Absent: Mayor Johnson, Counci lmembers Kelly, Duke, Jenkins, Lang None None MATTERS RELATING TO DEMOLITION OF IMPROVEMENTS ON CITY PROPERTY (4101, 4109 AND 4119 CASE): Mr. Tanner reported that the city had advertised for the demolition and scheduled the bid opening for the regular City Council meeting on August 26, 1991.' MATTERS RELATING TO ADOPTION OF THE 1991 AMENDMENTS TO THE SOUTHERN STANDARD BUILDING CODE: City Council agreed to table this item until another meeting. HAZARDOUS AND DANGEROUS STRUCTURES: Mr. Tanner reported that the staff members working on this item were both out of the office .Ci ty Counci 1 agreed to pos tpone the report to the next agenda for August'26, 1991. CITY COUNCIL MEETING MINUTES: fl",,!, U Consideration was given to the minutes of the following city council meetings: (a) City Counci 1 Workshop Session on July 16, 1991; (b) City Counci 1 Workshop Session on July 18,1991; (c) City Council Special Orientation Day on July 20, 1991; (d) City Council Regular Session on July 22, 1991; (e) City Counci 1 Workshop Session on July 25, 1991; and (f) City Council Workshop Session on August 5, 1991. Councilmember Jenkins offered that the minutes of August 5, 1991, be amended as follows: On page 2, the sentence that reads "City Counci 1 further agreed the police officers should be instructed to use their discretion in enforcing the sign ordinance" be - amended by adding: but in every case a warning or a ticket will be issued. n",i".., U Motion was made by Councilmember Councilmember Kelly, that the minutes approved as amended and the remainder of as submitted. Jenkins, seconded by of August 5, 1991 be the minutes be approved Regular City Council Meeting, August 12, 1991 Voting Aye: Voting No: Absent: Mayor Johnson, Council members Ke 11 y, Du ke, Jenkins, Lang None None COUNCIL COMMENTS: Councilmember Lang requested that in the Council packets to go out on August 23, 1991, the following information be included: 1. A list of all city vehicles with mileage and the names of the drivers; 2. Report on 1 iabil ity insurance and fleet pol icy; and 3. Estimate on the cost' of diverting treated water from the Waste Water Treatment Plant for use by residents for irrigation of lawns (including the cost of the lines). Mayor Johnson adv i sed that a counc i 1 meeting wou 1 d be he 1 d on August 19, 1991 to. consider ,appointees to the various boards, commissions and committees~ City Council agreed that Councilmember Duke would review the audit proposals submitted and select 3 firms to interview. STAFF REPORT: - Ci ty Manager Mi ke Tanner had nothing further _ for Counci 1 's consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by'Councilmember Duke, seconded by Councilmember Lang, that the meeting adjourn. Such motion carried and the regular session was adjourned at 11:37 p.lli. 058 ,,~' I I I I '- [ l 059 CITY COUNCIL WORKSHOP SESSION TUESDAY, AUGUST 13, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Tuesday, August 13,1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. MATTERS RELATING TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for Various Boards, Commissions and Committees. At 9:35 p.m. Mayor Johnson reconvened the workshop session. Persons interviewed were, as follows: Buddy Bell Drew McManigle Linda Brannen Tom Wilson E. Paul Daigle Dawn Fournier Stuart Schube Greg Gerber James H. Vorachek Phil Stevensen Sheldon J. Miller Kathryn Wilson Michol O'Connor John P. Monahan Steve Swartz ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 9:40 p.m. AtJ:/~O~ City Secretary ifI~ 9--Q;~ Whl t F. Johnl9" Mayor 060 '- j I I \ "'-- r .~ 061 ]' ',.:f " . :1 . ,', -----.-! CITY COUNCIL SPECIAL SESSION TUESDAY, AUGUST 20, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Tuesday, August 20, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Duke, Jenkins and Lang. Councilmember Kelly was absent. MATTERS RELATING TO VARIOUS BOARDS. COMMISSIONS AND COMMITTEES: Mayor Johnson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STA. ANN., as amended, Article 6252-17, Section 2(g): Discuss Appointments to Various Boards, Commissions and Committees. At 9:45 p.m. Mayor Johnson 'reconvened the workshop session. COUNCIL COMMENTS: ~ --..-J No member of City Council had anything further to discuss. ADJOURNMENT: With no further business to come before City Council at this time, motion was duly made and seconded that the special session adjourn. Such motion carried and the meeting was adjourned at 9:50 p.m. ~q~ Whltt F. John Mayor Audrey Nichols City Secretary -------- I 1 I I ----' 06Z I L ", , r .' [ L n ! I ..i..-J . . { :.€ \, 063' CITY COUNCIL WORKSHOP SESSION MONDAY, AUGUST 26, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, August 26, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins and Lang. The City Manager was also present. MATTERS RELATING TO PUBLIC WORKS DIRECTOR: Mayor Johnson recessed the workshop sess i on to go into a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(g): Interview Candidates for the position of Public Works Director. At 7:15 P.M., Mayor Johnson reconvened the workshop session. ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 7:15 p.m. ~ ~-7'/~ 1 T!: Johns Mayor Audrey Nichols City Secretary .',j ,i j" - ~ : '..; y,' 'r' ~ 064, I '- ,; '- l I J I I I , ~ '.,.1 065 REGULAR ,CITY ,COUNCIL MEETING MONDAY, AUGUST 26, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30P.M.; **********~***************************** City Council, convened: in regular session in the Municipal Building, 3800 University Boulevard,' in the City of West University Place, on Monday, August 26, 1991" with, the following members 'present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins, Lang. Also present were theC'ityManager, City Secretary, th,e Director" of Finance ,and Administration and,theFire Chief. Mayor ~ohnsonde'livered the invocati'on and Councilmember,l:.ang led the Alleg5ance to the Flag. HEARING OF'RESIDENTS: Mayor Johnson invited residents to speak who had matters they wished to bri'ng to the attention of the City, Council which had not previously beensubmittedtoAhe City Manager~. ' Rochelle Sheely, 4139 Amherst, spoke concerning a tree in the street right-o'f-way at.,',her res5dence.,' 'A water line replacement project is fn;progress; 00, her,~ stree.t:.,: .:As part of the project, . excavation .wasmade near to one :of, her trees. and ,the hole was filled with trash, concrete 'pieces, ':rusted b,arbed wire, etc. If the hole wa:s going, to be re-excav,ated" she requested it be filled with proper fill dirt.. t,~ MS..,';Sheely, ask.e~d 'What provisions the ci:ty had for'-rep 1 ac i ng tl}rees . ,Also, her"drai nagesystem was damaged and would have to be replaced. City Manage'r'Mi ke Tanne(~' r.eported he Cl1 d' not'.l:see'any concrete in the fill when he visited rthelocation~ The.: c'i:ty can clean it out and fill the hole with good dirt. He would follow up and inspect the site himself. The ci ty has made no commitment to replace trees, but: if :the' dr,a inage system,; is . damaged ,the city will correct the damage. ' [:Id~, : ''i "; :' ! ; . " :, :r,' " 'Kyle: Pentecost, 2606t:Centenary,! rep:~rte.d), two:, trees on Browning Street were:'€ut .down over :the 'weekend'.s The trunks :'were in excess 'o~f: 36". Mr,~ ! Penteoest ur,ged :Cou'nCHJ,toi do ..!iomething 'to protect 100 to 200 year old tre~s;,andrequire" a pefmjt be issued before they are . removed. ~ ;Mr,.; Pentecost ,stated he understood the trees were infected, however, he did not consider that sufficient reason : to remove the trees. 'IheAhouse:, coul d \ havei' been ,bui It ,around the trees. .i 'j 1,:. '" ".1 " .. ~, ,I " Mi ke Tanner explained that if someone presents evidence that a tree is infected, the city~iss'ues,'a',jjJllermH:to remove it at the owner's request. The city has rio expertise' to argue whether the tree is infected or nett. ",' " " .: I . ~ '." :. ~) Regular City Council Meeting, August 26, 1991 086 :, i " -: Councilmember' Kelly repeated his previous remark that the city does not have the experti se " to protect trees. He exp 1 a i ned the tree people are looking at that.' The city has applied for a matching grant, for'. an ": urban forester and tree protection, but "- regardless of the gr.ant,;City Council needed to look at tree protection in' the budget. - Perhaps COlinci'l can fund the tree protection through the tree permitting process. Mayor, 'Johnson' Y"eported the;" tr~e' people: 'are preparing a draft ordi'nariceto "provide 'protection: for'trees and City Council will review .i~'; and proceed on that basfi s.' . ., .r Bill'" Glazner, 3107 Quen'by,' spoke contern:ing the closing of the , Scout, House. 'About 1,.000. boys, have :moved.. through that scout, house in the last 10" years,., He thought a' place the 'scouts can call II home" was important. Mr. Glazner did not have a copy of the deed granting the scout house to the city; but Ithought it required the cit~ to maintain or replace it. . Mayor, Johnson explained that ,he' and theCHy Manager met with a structural e'ngineer who' reported ,that' the scout house was not a safe structure. , Mr. ,Tanner explained :thecitydoesnot\havea formal letter of agreement or, righ.t:',.o":Staff called' the :HISD ,office to determine what their interest might, be, in thescout-house~ Hopefully, the city will hear from theaistrict"inthe ':next few, days and will I then be able to determine whether or, not the city has a formal L interes't in the scou't:tiouse.~ Mr~. Tanner, reported it was his best judgment .to, 'close. the, SCOClt t,house because it could become dangerous. Cound lmembeYJ" Ke llyrequested' the scout house be placed on the agenda fot" the: first: :meeting "iiI" September for Council to make a ". deCision. . ':1 ' -;Kj '-1 :. . Sa 1 Marizd'~::,j4036 rRuski n, '; spoKe r c'oncerni ng , Secti on (d), Schedu 1 e PDD-TH6 of the Zoning Ordinance relating to lots 7, 8, and 9 of Block 25 and the conversion of the lots to parking areas. Mr. Manzo requested "City! Co:unci3l~, take a position ;to delete that section of t~e zon;:n~r ~ordinance'.'Mr. Manzo further requested City Council;:> request, the Zoning' and Planning Commission, under provisions: ofl SectioA.l1"4-100(b), ,of ttle Zoning Ordinance, to amend the zoning ordina~ce'by deletin'g Section (d), Schedule PDD- TH6. ") "1 c .,j"; Mayor, Johnson' advise'd-:;tha:tthe,Zoning and Planning Commission had received the request Mr. Manzo sent to them and they would be reviewing the issue. .)',.... . ,f,lU. ~ :J '. CITIZENS RESPONSE TO AffiENDA' ITEMS : ' r i ., "." Mayor Johnson invited residents .who wished to address a specific agenda item to speak at this time. L Regular City Council Meeting, August 26, 1991 067 There were none present who wi shed to speak concerning an agenda item. BID OPENING FOR DEMOLITION OF CITY-OWNED STRUCTURES ON CASE STREET: Bids for the demolition of the structures at 4101,4109 and 4119 Case Street were receiv.ed until 2:00 p.m., August 26, 1991. The bids were opened during the council meeting and read with the following results: Base Add Bidder Bid Alternate Total Bid P.L. Jackson Const. $10,000.00 $ 600.00 3532 OST Houston, Texas 77021 Bay Port Canst. $11,595.00 $400.00 P.O. Box 758 Bay town, Texas 77521 Abatement Contractor $17,380.00 $1,960.00 2704 Main St. Dickinson, Texas 77539 $10,600 $n,995.00 $19,340.00 ] Four Seasons Development $25,045.00 $ 800.00 9230 Keough #200 Houston, Texas 77040 Mayor Johnson asked if the specifications required the removal of the slab at 4101 Case. $25,845.00 Mike Tanner responded that the specifications should have that requirement. Staff would study the bids and bring back a formal recommendation at the next council meeting. Mati on was made by Counci lmember Lang,' seconded by Counci lmember Jenkins, that City Council refer the bids to staff for tabulation and recommendation for award. Voting Aye: Voting No: Absent: Mayor Johnson,. Councilmembers Kelly, Duke, Jenkins, Lang None None HAZARDOUS AND DANGEROUS STRUCTURES: ~ Fire Chief Terry Stevenson reported that the Fire Department was gi ven the responsi bil ity of handl ing substandard structures and dilapidated and/or hazardous buildings. Previously this was ,handled by the Build:ing Inspection Division. The Fire Department assumed thi s respons ibil ity October, 1990. We had a number of properties on the books at that time and have been working to process those through the different avenues to get them 3 Regular City Council Meeting, August 26, 1991 OS8 corrected. Since then, we had 8 buildings either demolished or repaired. There is one pending before the Building & Standards Commission and one is being handled by the City Attorney through bankruptcy proceedings. 'The Fire Depa~tment has done a drive-by survey of the city which is approximately 75% completed to identify these buildings that may not meet the code. We determine the legal description of the property and once the information is compiled, we coordinate it with the Building Inspection Division to make certain the buildings meet the criteria for a dilapidated structure. If the structure is occupied, the city obtains access to it. If it is owned by a builder or i s vacant, there is another course of action. Our goal is to try to identify all of them, handle and get them through the process as quickly as we can. There are approximately 10 pieces of property now that have been identified as substandard and we will process those as promptly as possible. This is an on-going situation. We also get referrals from the Building Department as well as the Police Department. They are then turned over to the Building and Standards Commission to handle. Mayor Johnson as ked if there were complete documents of what is being done. Chief Stevenson responded affirmatively. Councilmember Kelly asked if the eight buildings had been since there had been a pushed effort. Terry Stevenson explained that those particular buildings dated back to February 1991. Those had Uii".". been on the books for a long period of time and the Fire ... Department was working to clean up those. Councilmember Kelly asked about the building on Lehigh. Chief Stevenson explained that building was in bankruptcy and had been turned over to the City Attorney. ' RESOLUTION APPOINTING THE ZONING AND PLANNING COMMISSION: Mayor Johnson presented and read the following resolution: RESOLUTION NUMBER 91-13 APPOINTMENT OF THE ZONING AND PLANNING COMMISSION WHEREAS, it is the obligation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to various committees; and WHEREAS, the Mayor and members of the City Counci 1 have contacted qual i fied ci ti zens to serve on the Zoning and Planning Commission of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and wi 11 i ngness to serve as members of the Zon i ng and Planning Commission. l 4 Regular City Council Meeting, August 26, 1991 069 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Zoning and Planning Commission: George Ruhlen Brian B. Hughes Susan Rachlin Brett Ru.le Christie Wise Section 2. That the persons hereby appointed to the Zoning and Planning Commission shall serve without compensation. Section 3. That the persons hereby appointed to the Zoning and Planning Commission shall serve until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. ' J Section 4. The Zoning and Planning Commission shall elect a chairperson from among its appointed members who shall serve until the next City Election of the City Council and thereafter unti 1 the appointment and qualification of his or her successor. Section 5. All ordinances and parts of ordinances in conflict herewith are hereby ,repealed to the extent of the conflict only. ' ~ Section 6. If any word, phrase, clause, sentence, paragraph, secti on . or other part of th i s ordinance or the appl ication thereof to any person or circumstance, shall ever' be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of thi s ordinance to any other persons or circumstances shall not be affected thereby. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner requi red by the Open Meeti ngs Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as, amended, and that each such meeting has been open ,to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, 5 Regular City Council 'Meeting, August 26, 1991 approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this lQ:tb day of AUQust, 1991. Voting Aye: Voting No: Absent: , ~ Whitt F. Johnso or ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by Councilmember Kelly, seconded by Councilmember Lang, that Resolution Number 91-13 be adopted as read. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, tang None None Mayor Johnson administered the Oath of Office to George Ruhlen and Susan Rachlin. RESOLUTION APPOINTING THE ZONING BOARD OF ADJUSTMENT: Mayor Johnson presented and read the following resolution: RESOLUTION NUMBER 91-14 APPOINTMENT OF ZONING BOARD OF ADJUSTMENT WHEREAS, it is theobl igation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to various boards; and WHEREAS, the Mayor and members of the City Council have contacted qualified citizens to serve on the Zoning Board of Adjustment of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Zoning Board of Adjustment. n 07'0 l l Regular City Council Meeting, August 26, 1991 ~ 071 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Zoning Board of Adjustment: John Pickul Vie Hansen Sterling Minor Robert McBride Frank Bill ings Teresa Fogler Sue Porretto Joe Webb Robert Heaton Member Member Member Member Member Alternate Alternate Alternate Alternate Section 2. That the persons hereby appointed to the Zoning Board of Adjustment sha,ll serve without compensation. Secti on 3. Tha t the persons hereby appoi nted to the Zoning Board of Adjustment shall serve unti 1 the next regular City Election of the City Council and thereafter unti 1 the appointment and qual ifi cation of their successors. ] Section 4., The Zoning Board of Adjustment shall elect a Chairperson from among its appointed members who shall serve until the next City Election of the City Counci 1 and thereafter unti 1 the appointment and qualification of his successor. Section 5. All resolutions and parts of reso 1 uti ons in confl i ct herewi th are hereby repealed to the extent of the conflict only. Secti on 6. I f any word, phrase, clause, sentence, paragraph, section or other part of this resolution, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, secti on or, other part. of thi s resolution to any other persons or circumstanc~s shall not be affected thereby. " J Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. 7 Regular City Council Meeting, August 26, 1991 072 STAT. ANN. art. 6252-17, as amended , and that each such meeting has been open to the pub 1 i c as requi red by' law at all times during such di scussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. PASSED AND APPROVED this 26th day of August, 1991. Voting Aye: Voting No: Absent: j~ i/~%-o.~ WhHf'r.~riSon, fJ/or Approved as to Form: James L. Dougherty, Jr. City Attorney ATTEST: Audrey Nichols City Secretary (SEAL) Motion was made by Counci lmember Duke, seconded by Councilmember Jenkins, that City Council adopt Resolution Number 91-14 as read. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Laog None None [ Mayor Johnson administered the Oath of Office to Frank Billings, Vie Hansen, Robert McBride, John C. Pickul, Jr., and Joe Webb. Mayor Johnson read a letter from Robert Heaton declining his appointment as an Alternate on the Zoning Board of Adjustment for the current term. Mr. Heaton stated in the letter he would be willing to serve on the Zoning and Planning Commission and the Zoning Board of Adjustment should a vacancy occur. Motion was made bY CouncilmemberJenkins, seconded by Counci 1- member Duke, that ,City Counci 1 regretfully accept Robert Heaton's letter of declination. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None I> [ RESOLUTION APPOINTING THE PARKS BOARD: 8 Regular City Council Meeting, August 26, 1991 Mayor Johnson presented and Counci lmember Lang read the fo 11 owi ng resolution: RESOLUTION NUMBER 91-15 APPOINTMENT OF THE PARKS BOARD WHEREAS, itis the obligation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to'various Boards; and WHEREAS, the Mayor and members of the City Council have contacted qualified citizens to serve on the Parks Board of the City of West University Place, Texas; and WHEREAS, certain ,persons have indicated a desire and willingness to serve as members of the Parks Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Parks Board: ~ ,... Carol Burke Jere Ahrens Gail Hartz Lynn Simoneaux Carla Rea ,John H. Wilkinson Phillip A. Stevensen Section 2. That the persons hereby appointed to the Parks Board shall serve without compensation. Section 3. That the persons hereby appointed to the Parks Board shall serve until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. Section 4. That Carol Burke shall serve as Chairperson of the Parks Board until the next regular City Election of the City Council ,and ther.ea:fter until the appointment and qualification of: her successor. Section 5. All resolutions and parts of resolutions. in cohflict herewith are hereby repealed to the extent of the conflict only. Section 6. If' any word, . phrase, clause, sentence, paragraph, section or other' part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or 9 0?3 Regular City Council Meeting, August 26, 1991 074 unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. [ Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the, manner required by the Open, Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended, and that each such meeting has been open to the publ ic as required by law at all times during such discussion, consideration and ,action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. 1991. PASSED AND APPROVED this 26th day of Auqust , Voting Aye: Voting No: Absent: ' ~.+a,",~ / Whitt F. JOhnS~YOr - ATTEST: Approved as to Form: [ Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by CouncilmemberJenkins, seconded by Council- member Kelly, that Resolution Number 91-15 be adopted as read. Voting Aye: Voting No: Absent: Mayor Johnson, Co,uncilmembers Kelly, Duke, Jenkins, Lang None None Mayor Johnson administered the Oath of Office to Carol Burke, Jere M. Ahrens, Gail Hartz, Carla Rea, Phillip A. Stevensen and John R. Wilkinson. RESOLUTION APPOINTING THE BUILDING AND STANDARDS COMMISSION: Mayor Johnson presented and Councilmember Jenkins read the following resolution: 10 Regular City Council Meeting, August 26, 1991 075 RESOLUTION NUMBER 91-16 APPOINTMENT OF THE BUILDING AND STANDARDS COMMISSION WHEREAS, it is the obligation of the City Council, pursuant to provisions of the City Charter and ordi nances heretofore adopted, to appoi nt members to various commi ss ions; and WHEREAS, pursuant to Section 54.033 of the Texas Loca 1 Government Code, the Mayor and members of the City Council have contacted qualified citizens to serve on the Building and Standards Commission of the City of West University Place; Texas; and WHEREAS, certain persons have indicated a desire and will ingness to serve as members of the Building and Standards Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Building and Standards Commission: Nicholas J.Aschliman Drew McManigle Carolyn Hodgins Craig DuCote Susan Freeman Da 1 e Re i d Margaret Wallace Jeann Howse Kyle Pentecost Position 1 Position 2 Position 3 Posit; on 4 Position 5 Alternate A Alternate B A lterna teC Alternate D Section 2. That the persons hereby appointed to the Building and Standards Commission shall serve for a two-year term through August 31, 1993, and thereafter until their respective ,. successors are duly selected and shall have qualified. Section 3. The City Council hereby appoints Nicholas Aschliman as Chairman and Presiding Officer of the Building and Standards Commission and authorizes the City Manager to appoint a city employee as the secretary of the Building and Standard Commission and appoint an assistant secretary, as needed, neither of whom may be a member or have a vote. l J Secti on 4. That the persons hereby appoi nted to the Building and Standards Commission shall serve without compensation. 11 Regular City Council Meeting, August 26, 1991 076 Section 5. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder df this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resol~tion to any other persons or circumstances shall ,not be affected thereby. Section 7. The City Council officially finds, determines and declares, that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN.' art. 6252-'17, as amended, and that each such meeting has been open to the pub 1 i c as requ ired by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. r- '--- PASSED AND APPROVED this 26th day of August, 1991. Voting Aye: . Voting No: Absent: Signed: ATTEST: Audrey Nichols City Secretary (SEAL) Approved as to Form: James L. Dougherty City Attorney ~ Mot i on was made by Counc i 1 member Lang, seconded by Counc i 1 member L Duke, that City Council adopt Resolution No. 91-16 as read. 12 Regular City Council Meeting, August 26, 1991 Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke~ Jenkins, Lang None None Mayor Johnson administered the Oath of Office to Nicholas Aschliman and Dale Reid. RESOLUTION APPOINTING THE RECYCLING COMMITTEE: Mayor Johnson presented and Councilmember Duke read the following resolution: RESOLUTION NUMBER 91-17 APPoiNTMENT OF THE RECYCLING COMMITTEE WHEREAS, it is the obligation of the City Counci 1, pursuant to provi si ons of the City Charter and ordinances heretofore adopted, to appoint members to various committees; and WHEREAS, the Mayor and ,members of the City Council have contacted qualified citizens to serve on the Recycl ingCommittee :of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and wi 11 i ngness to serve as members of the Recyc 1 i ng Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section appointed to Committee: 1. Tha t the fo 11 owing persons be serve as members of the, Recyc 1 i ng Bi 11 ;Arnol d Linda M. Brannen Dawn C. Fournier Anita Johnson i Dale A. Ledet Michol O'Connor Mary Studlick James H. Vorachek Larry Wiggin Section 2. That the persons hereby appointed to the Recycl ing Committee shall serve without compensation. Secti on 3. That the persons hereby appoi nted to the Recycling Committee shall serve until the next regular City Election of the City Council and 13 011 Regular City Council Meeting, August 26, 1991 07'8 thereafter until the appointment and qualification of their successors. Section 4. That Jim Vorachek and Linda Brannen are hereby appointed to serve as Co-Chairmen of the Recycling Committee. Section 5. That Jim Vorachek and Linda Brannen shall serve as Co-Chairm~n of the Recycling Committee until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. Section ,6. All resolutions and parts of resolutions in.conflictherewith are hereby repealed to the extent of the conflict only. Section 7. If any word, phrase, clause, sentence, paragraph, sectjon or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconsti tutiona 1 by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 8. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN., art. 6252...17, as amended, and that each such meeting has been open. to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. [ PASSED AND APPROVED this 26th day of Auqust 1991. , Voting Aye: Voting No: Absent: ~# --?--'~~/ Whitt F. J~ . Mayor l 14 Regular City Council Meeting, August 26, 1991 019 ATTEST: Approved as to Form: James L. Dougherty, Jr. City Attorney Audrey Nichols City Secretary (SEAL) Motion was made byCouncilmember Jenkins, seconded by Council- member Lang, that Resolution Number 91-17 be adopted as read. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None Voting No: Absent: Mayor Johnson administered Oaths of Office to Lindp Brannen, Bill Arnold, Dawn C. Fournier, Anita Johnson, Dale Ledet, Mary Studlick and Larry Wiggin. RESOLUTION CREATING AND APPOINTING THE STRATEGIC PROJECT COMMITTEE: Mayor Johnson presented and Councilmember Kelly read the following resolution: RESOLUTION NUMBER 91-18 A RESOLUTION CREATING A STRATEGIC ACTION COMMITTEE OF THE CITY OF WEST UNIVERSITY PLACE; DEFINING THE DUTIES OF SUCH COMMITTEE; PROVIDING THE LENGTH OF SERVICE; APPOINTING CERTAIN PERSONS TO SERVE AS MEMBERS THEREOF AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council wishes to avail itself of advi ce and gui dance in provi di ng for the needs of the City of West University Place; and WHEREAS, it recognized that a Strategic Action Committee would undertake studies as directed by the City Council for the purpose of advising the CityCounci 1 on important matters in the City of West University Place; and WHEREAS, certain persons have indicated a desire and will ingness to serve as members of theStrategi c Action Committee. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. There is hereby created and establ ished a Strategic Action Committee for the City of West University 15 Regular City Council Meeting, August 26, 1991 Place which committee shall be appointed by the City Council. Section 2. The committee shall be advisory in capacity and shall study'speci fi c needs of the City and make recommendations to the City Council. Section 3. Members of the Strategic Action Committee shall be qualified electors of the City and they shall serve without compensation~ Section 4. Members shall serve until the next regular city election and thereafter until the appointment and qualification of their successors. Section 5. The following named persons are hereby appointed as the initial members of thi,s committee. Michael D. Cannon Richard Ayres Will i am S. Mackey Joel Reichek Sheldon J. Miller Kathryn Wilson Tom Wilson Steve Senia Georgia Blair Buddy Bell Stuart Schube Isabel Kerr Larry Morri s Steve Swartz B. W. "Sonnyll Payne Section 6. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 8. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the publ ic as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 9. This resolution shall be in force and take effect immediately from and after its passage and approval. 16 080 [ l Regular City Council Meeting, August 26, 1991 081 PASSED AND APPROVED thi s the 26th day of August , 1991. Voting Aye: Voting No: Absent: ~~~~ ~itt F. - Jo --on;- Mayor ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by Counci 1 member Kelly, seconded by Councilmember Duke, that Resolution Number 91-18 be adopted as read. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None J Voting No: Absent: Administration of the Oaths of Office to the members of the Strategic Action Committee was scheduled for September 9, 1991. TAX REFUND: The tax refund to Warner Cable Company was _the result of settlement of lawsuits with the Harris County' Appraisal District for years 1988, 1989 and 1990. During that time, Warner paid the disputed amount and was subject to a refund based on the court ordered reduced value. All tax refunds over $500 require Council approval. Motion was made by Councilmember Jenkins, seconded by Council- member Duke, that City' Counci 1 approve the tax refund in the amount of $3,260.93 to, Warner Cable Company. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None WAKEFOREST ELEVATED STORAGE PROJECT: 1 -.---J Consideration was given to Monthly Estimate No. 9 in the amount of $42,061.25 submitted by Pitt-DesMoines for work performed June 27 through July 24, 1991 on construction of the 500,000 gallon Pedestal Type Elevated Storage Tank. The project was 91.54% complete and completion date scheduled for September21~ 1991. 17 Regular City Council Meeting, August ,26, 1991 082, Mayor Johnson i n.qui red into the amount invoiced for paint. City's Consulting Engineer Dieter Ufer explained the paint was more complete than the 75% indicated on Monthly Estimate No.9, however, that amount was what the contractor requested. Mayor Johnson asked who would inspect the tank. Mr. Ufer responded that Langford, Engineeri ng Inc., retained a man by the name of Don Grazier who is an specialist in steel tanks. Inspection of an elevated storage tank is a very dangerous occupation. Langford has no one on their staff who .is qualified to make the inspection and Langford does not encourage anyone on city staff to make the inspection. Mr. Grazier is an expert and a licensed professional engineer. Mayor Johnson asked the ,mil thickness of the responded it was specified to be 9 mils total. know the exact thickness of the second coat. also inspect the paint. Councilmember Duke asked if the tank would be filled before the city accepted it. Mr. Ufer exp 1 a i ned that the tan k wou 1 d be filled before the city accepted it. If the tank was not completed by September 21, the city could file for liquidated damages. paint. Mr. Ufer , Mr. Ufer did not Mr. Grazier would Motion was made by Counci lmember Jenkins, seconded by Council- member Kelly, that Ci tyCounci 1 authorize payment of Monthly I Estimate 9 in the amount of $42,P6L25 to Pitt-DesMoines Inc. C Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None WATERLINE REPLACEMENT PROJECT, ON WEST POINT. ACADEMY. AMHERST AND BISSONNET. Consideration was~iven to Monthly Estimate No. 4 in the amount of $125,742.00 submitted by Reliance Construction, Inc., for work performed July 1 through July 31, 1991, on the water line replacement project. The project is 59.70% complete and completion date scheduled for December 6, 1991. City Manager Mike Tanner stated the payment request was in order and recommended it for payment., Dieter Ufer explained the contractor was ahead of schedule and may be able to complete the project before the December date. Motion was made by Councilmember Duke, seconded by Councilmember' Jenkins, that City Counci 1 approve for payment Monthly Estimate No. 4 in the amount' of $125,742.00 submitted by Reliance Construction, Inc. Regular City Council Meeting, August 26, 1991 083 r Voting Aye: Voting No: Absent: Mayor Johnson,Councilmembers Kelly, Duke, Jenkins, Lang None None SELECTION OF AUDITORS: Consideration was given to the selection of auditors for the Comprehensive Annual Financial Report for Fiscal Year 1991. Motion was made by Counci lmember Lang, seconded by Counci lmember Duke, that City Council engage Null & Associates for the audit of Fiscal Year 1991. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang Councilmember Jenkins None INSURANCE REPORT: Consideration was given to matters relating to city's liability insurance package. J Councilmember Duke. :reported the city . was in the process of bidding insurance coverage. Specifications have been prepared. A bid list was received from another city in the area. Staff is working up the schedule of the- different properties and fixed assets and the 1 i abi 1 ity ri s ks that wi 1,. be covered. Ci ty Counci 1 wi 11 have an opportunity .to consider the deductibles and the insurance package to evaluate the savings that could be achieved by various levels of deductibles. He asked staff, when they present this package in late October, to also give Council some details on the numbers of individual claims under various levels of coverage and summarize the claims for each of the last 5 policy periods. The information would help' evaluate how much the city'may actually save by increasing the deductibles. City Council will need to see how many additional claims we wou.ld p,ay out of pocket by raising the deductibles. Mr. Tanner explained the city bid the insurance from time to time, but it was impracticable to bid every year. The last time the insurance was' bid, the'specifica:tions were prepared by an outside consultant and that paCkage was approved by that City Counci 1. Mayor Johnson questioned sending specifications to firms outside the city, and requested several local firms be added to the bid list. Mayor Johnson asked what would happen to the city's pending litigation. J Donna Sims reported that the city was on a Claims-Made Basis TML and' TML would cover i the' city :until all, cl aims settlements were made., The c'laims would have to be filed TML: before changing insurance carriers. Ms.' Sims explained the $5 million umbrella policy was approved by a former with and with that City 19 Regular City Council Meeting, August 26, 1991 084 Councili. ,At that time,.,the feeling was to maXlmlze insurance coverage and to obtain the highest 1 imit offered. The city can reduce the limits if the Council would choose to do so. Councilmember Duke suggested that in today.s litigate society and in a city with the reputation of being an affluent area, the city was an attractive target. He did not think the $5 million was too high. Councilmember Jenkins questioned the "no deductible" aspect of the umbrella policy. Councilmember Duke agreed the city might consider some reasonable level of deductible, but, before Council can make a decision, they need to look at how much is s,aved by raising the deductible. However, if the result was the city will pay more, then we have not saved any money. Councilmember Jenkins expressed concern over the history for the last 5 years. The total excess premium was over $712,000. Councilmember Duke stated he had discussed the p~emiums with staff. There are a few things to consider. He had the opportunity to review TML information indicating the policies paid and the levels of coverage and the actual claims experience of those years. He a lsoreceived ,a copy of the annual report. [ TML works in essence Hke amutuali nsurance company. All of the members pay their claims and establish appropriate reserves ... for future claims using actuar'ial ,methods. Then whatever remained was essentially given ,back to the members based on cQntributions. In 1985 TML changed that policy and decided to retain a lot of the excess and 'build up actual members. equity to strengthen its financial position. Councilmember Duke thought that was, probably also a reasonable move given the sky-rocketing inflation in damage awards. CouncilmemberDuke1s questioned if the city would be paying more than its fair, share. He asked staff to find out how the premiums were set, whether it was a standard rate or if there was some sort of experience rating, was it on. all the different levels of coverage, was it the same for a 13,000 population urban city and a 13,000 population rural city with the exactly the same claims experience. That is one of the questions staff intends to as k one of the TML representa t i ves . Counc i 1 membe~ Du ke agreed he was somewhat dismayed to find that the city.s claims experience over all those years have been roughly half of what had been paid in premiums,. Councilmember Duke found it interesting that the premium paid in excess of the actual claims experience was higher the year before the city had the big claim than the year after we had the big claim. Councilmember Jenkins recommended that before the city goes out [ for ,bid the Gi ty Gounci 1 review thebi d package. He was not so much concerned about the limits as he was the deductibles. Counc1lmember Jenkins was concerned over the cost of automobile ..~.. 1 ,i a b i 1 i ty . 20 Regular City Council Meeting, August 26, 1991 085 MATTERS RELATING TO THE ORGANIZATION: PERSONNEL AND EQUIPMENT: Mr. Tanner presented the following recommendations for personnel and equipment reductions for Council's consideration: PERSONNEL Act Effective Date Fi sea 1 Impact 1991 1992 Abolish position of Personnel Manager and distribute responsibilities 15 October 1991 $ 7,291 $35,098 BUILDING Create additional position of Building Instector with salary of 27,500 3 September 1991 $(11,569) $(35,719) Abolish position of Equipment Operator and distribute responsibilities 27 August 1991 $6,685 $27,730 E MISCELLANEOUS Vehicle transfer and Reduction fl.7 August 1991 $ 4,800 $19,680 VEHICLE AND EQUIPMENT ELIMINATION POLICE Unit Description 132 133 1989 Chevrolet police package sedan (74,278 miles) 1989 Chevrolet police package sedan (70,001 miles) PUBLIC WORKS (Street Division) n 506 508 515 517 522 535 Description 1984 Chevrolet dump truck (27,648 miles) 1977 Chevrolet liquid asphalt tank/ distribution truck (39,414 miles) 1985 Chevrolet pickup truck (55,976 miles) 1985 Chevrolet dump truck (21,782 miles) 1959 tilt trailer 1982 Chevrolet pickup truck (44,724 miles) Unit 21 Regular City Council Meeting, August 26, 1991 086 PUBL IC WORKS Utilities Division) (- ! i I '- Unit Description 810 1984 Chevr()let pickup truck (66,366 miles) SUMMARY Fi sca 1 Impact ~ ~ Reorganization Total $ 7,207' $46,789 Councilmember Kelly commended the City Manager and Director of Finance and Administration and expressed his appreciation for their recommendations and input on thereorganizatidn. City Council requested staff determine the breakdown of fleet insurance costs. Councilmember Jenkins asked when the vehicles would be auctioned. Mr. Tanner recommended Council decide whether to go with the publ ic auction dealer or handle the auction using city employees. Normally in a city auction, there were residents who attend but they most likely would not be interested in bidding on dump trucks and the type of equipment listed. Staff was not sure what the vehicles were worth and were not sure where would be an appropriate area to show the vehicles. Mr. Tanner recommended Council authorize the utilization of the public auction dealer. After discussion, it was the concurrence of City Council that the auction be handled by professionals as recommended by the City Manager. Motion was made by Counci lmember Kelly, seconded by Councilmember Jenkins, that City Counci 1 accept and approve the reorganization of personnel and elimination of vehicles as presented by the City Manager, effective August 26~1991. Voting Aye: Voting No: Absent: Mayor Johnson, Counc ilmembers Kelly, Du ke, Jenkins, Lang .'None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following city to~ncil meetings: 22 Regular City Council Meeting, August 26, 1991 087 (a) City Counci 1 Workshop Session on August 6, 1991; (b) City Counci 1 Workshop Session on August 8, 1991; (c) City Counci 1 Regular Session on August 12, 1991; and (d) City Council Workshop Session on August 13, 1991. Councilmember Jenkins offered ,the following correction to the mi nutes of August 8, 1991: The name of Mi cho 1 0' Connor be struck, from the list of those interviewed during that meeting. Judge O'Connor was interviewed August 13, 1991. Moti on was made by Counci lmember Duke, seconded by Counci lmember Jenkins~that the minutes be approved as amended. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang None None COUNCIL COMMENTS: Councilmember Lang suggested City Counci 1 ask the Zoning and Planning Commission to review the Ruskin Street parking issue and see if the commission could support changing the Ruskin Townhouse PDD-TH6 District to eliminate the use of residential lots for parki ng. Mayor Johnson responded the Zoning and Planning Commission would review the question without further direction from Council. Mayor Johnson reported he had received a letter from an organization offering to research money allegedly owed the city. After discussion, it was the consensus of Council to not use a service organization to do the research, but, rather handle the matter in house. Councilmember Duke asked the status of the Westpark encroachments. Mr. Tanner responded that he had not been able to accomplish anything at this point. Council member Duke reported he rode one night with one of the Police Officers from 10:00 p.m. to 6:00 a.m. He was impressed wi th the profess i ona 1 ism of the department and encouraged other members of Council to take time to ride with the police officers. l -----' Council member Kelly reported that the Houston Independent School District raised taxes by 5% with a vote of only 4 members voting. No one knows what will happen with the County Education District, but they will set a tax rate. Councilmember Kelly suggested the city utilize citizens to monitor the situation and let the residents know what is going on. City Council might be able to assert some influence on the taxing district. 23 Regular City Council Meeting~ August 26, 1991 08;8 Mayor Johnson reported that the schOol di s tri ct purchased 1 and for I' a new school. HISD has bought that property on the corner of North Braeswood and Kirby. Drive. There is a 36" sanitary sewer line that transverses that property. The school district is going L to move the line., Mayor Johnson qr~commended Council be prepared to, state that the city would not finance any part of the relocation. Counci lmember Jenkins asked i.f the city coul d provide al arger car for the Senior Services. Mr. Tanner agreed to transfer a larger vehicle for the Seniors'. STAFF REPORT: City Manager Mike Tanner reported that the police were strictly enforcing the speed. 1 imits in school zones now that school had opened. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Duke, seconded by Councilmember Kelly, that the meeting adjourn. Such motion carried and the regular, session w~s adjourned at 10:05 p.m. ..~ :-;-~jf ",~ ~tt F. J;;;' n Mayor [ Audrey Nichols City Secretary ?d l --.J ~... ~ 089 CITY COUNCIL WORKSHOP SESSION TUESDAY, SEPTEMBER 3, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Tuesday, September 3, 1991, with the following members present: Mayor Johnson, presiding;' Councilmembers Duke, Jenkins and Lang. Councilmember Kelly was absent. Also present were the City Manager and the City Secretary. UNDERGROUND FUEL STORAGE TANK CONSTRUCTION AND DISCOVERY OF UNKNOWN WELL: City Manager Mike Tanner explained that when the contractor (Dup's) was excavating the principal gas tank on the south side of Milton Street, and in the process of taking soi 1 samples, he struck a water well There was nothing more than a simple plate resting on top of this well. The city has records that indicate it to be a 900 foot well, dug with an 8" casing. The city is not sure at this time if this is the same well as indicated in the records. The Texas Wa ter Comm; ss ion has been i nvo 1 ved. The city obta i ned a submersible pump to pump the material ,from the well. The material was determined to be a petroleum product. Mike Tanner recommended the city bring in Layne Texas to televise the line to see if this is the 900 foot well. The next step is to cap the well and Dup's can not do that. There is a possibility that the city will be required to install 3 monitoring wells in the area. However deep the well is will determine the depth of the test wens. At this point the city is waiting to hear from the Texas Water Commission for further direction. The State has contractors that can be brought in to cap the well. Mr. Tanner explained the city needed to know how deep the well is and what aquifer mightb~ at risk, whether there are screens and whether they are perforated. Televising the well would provide that information. Councilmember Jenkins stated he would rather go through the channels with the State than go ahead with the televising. Councilmember Duke suggested the city talk to the State before hiring Layne Texas. City Council Workshop Session, September 3, 1991 090 Mike Tanner explained the asphalt tank holds approximately 7 inches of asphalt that has solidified and approximately 30 inches of water. Removal of the material is not included in the Dup's contract. At some point, City Council will need to consider a change order to the contract. Removal is an i nvo 1 ved procedure. However, that substance wi 11 be taken to the 1 andfi 11 and distributed on the landfill roads. This step had been approved by the Texas Water Commission. The tank wi 11 have to be scraped out and cleaned. Then the tanks can be sold to a scrap dealer. Mr. Tanner estimated that it would take $6,000 to $7,000 to remove the material and clean the tanks. Councilmember Duke questioned how far the city should go to pay Dup's to get the material'out ,of the tanks. Councilmember Duke asked if before the city put the material at the landfill, it could be tested. Mr. Tanner stated the city would test it. If there is a contaminate, then, it will have to go to a hazardous waste site. Buddy Bell, 4038 Swarthmore, commented the city does not need to be in the gas business. The city uses approximately 6,000 gallons a month and he did not think the city could justify the investment of putting tanks in the ground. Mr. Bell thought that the quantities the city will buy will cost more than the price that wholesalers pay. Mr. Bell urged Council consider using fleet cards for service at local gasoline stations. I Councilmember Jenkins explained that the city looked into L purchasing gasoline through a fleet card, but had no success. However, it might be beneficial to try again. Mr. Tanner recommended the city had reviewed every aspect to purchase fuel and had decided that for various reasons, it was in the best interest of the city to replace the tanks. Mr. Tanner reminded Mr. Bell that the city had executed a contract and was, at this time, proceeding accordingly. After further discussion, it was the consensus of City Council to pull the product out and wait for direction from the Texas Water Commission to close the well. Council agreed they would like i nforma t i on on the number of days and the cos t for Dup' s to get the asphalt out of the tank. Doris Ross, 3811 Riley" expressed her concerns with city services. Mayor Johnson agreed to meet with her tomorrow evening to try to resolve her concerns. [ 2 City Council Workshop'Session, September 3,1991 091 ADJOURNMENT With no further business to come before City Council at this time, motion was made by Counci lmember Duke, seconded by Counci lmember Lang, that the workshop session. Such motion carried and the workshop was adjourned at 7:50 p.m. ~~i-~ h,tt F. John :- Mayor Audrey Nichols City Secretary 3 092 -, ..-, rl ~d ': I l ~ ;' ~\ : '! ~\ ,'." CITY r COUNC~'U :WORKSHOP. ;BESSIGN:' ; .. MONDAY;,v'SESPTEMBER 9,:, 1991 ' . If i \ MUNICIPAL BUILDING ,;:, ,,. 3800 UNIVERSITY BLVD. . ,.,~ 0" t. ":',"l.'~'j ~ ;6~'.OO':P~~'M.':""'~t .. J:.:}~"~'~d;.: , , *t****,****;lc,*'**'!c:~!*~'fr~.'!r1'*'if~~'IJ.'!r*.*'!:****.*l*;*:tf*" : ~~-l : ;:-,.,: ,'~ifiJ'" (~l;:;)-~t ;)J .f:. j"" r:~l".;'.: I>' " ~).. 2,,~l=.:.':j ::n;~~ ,,"....):-...: Cfty Council :' convened ".i ftr'work,shOprc'ses'sJoh::tni, the~i Ml.mi ci pa 1 Buil ding, 3800 University' Boulevard,;' ,in:", theq:iClilty,Hof') West: Uhiversity ,Place, on . Monday; September; 9:;: ,199 l',,'i' w:iltl11 th'e ~f,(:)ll,~owi:ngJ,member~,:present:, Mayor John~on.; ,', '~,pres'i di ngi; !'Gounci:lmeuiher-sI' r;'j Dukei, i., r Jen:kitns ' . ' ahd Lang. . Councninember' ';Du'ke' anrlived :.\0a'f :,:6::i1i5 'p.rn;):; i', Cou.nc}:lmember ,'Ke lly was absent. Also present were fthe,:'Ci:t~ :Managerf an<l the;::City 'S:ec~rte)tary. : DISCUSS;ION' CONeERNIN8 IHrSP06.HJOff or SCOUT,BJHLlHNG: " , ,,' i ~,.~':! ,,' -'i, ,:f-;:i'l~.\ ,.;c~:: <,f~r~"/~,:'>.:;'--;~,,~, ,...1 t',l.. Mayor Johnson opened discussion on the scout ,ho:use'., ,.eou.ncilmember Lang stated she was in favor of tearing it down and rebuilding. Shesu:ggested,'a 'c;uirta,1:fl'i: wft:l b,ibe :spe'(!.ifi ed:as, part ot:,the plans. · ':, ; i CO'unci lmembe'r:;'lang !'recoriiiner:ra,ed tha:tr -:;the"stoutj ,house; . ,be reserved from 3:00 - ,7:00 p.m. every day, Monday th'ro,u'gh,t', Thursday, for scout activities. At other times, the building could be available " to; the:public~i ;;:,<,;';' '<",.J : .~."T"'-, ,:[1:", .;: ;. . ? .. ! ; . ; -..' ~ : .: l' ' ti, ~ ) ~ ~. ,~~ f' d J .., _ i'-: ~ I ~:;} 1 .~~ '. .. ,: Counci lmember"'\Elu:ke ~.lsugges\te:dj' the;i;cirty ;revi.ew\\Jthe . 'agreement wi th HISD to see':; 'i fh certai'n ,1 ~permi:ssi.bl e; u,s:e:s', werEf" i isted. Mi ke Tanne\" ;reportecl:the:;\d!ty:;~has"! a';Afiax,ed: c.ciPY;lof:' an .a.g.neement with HISD which allows:-1the'n:rity:;"to 'IltiJJze ::thei;play.gr.oundas long as the city mai,nt~ins, it:, _ 'I (. ..... ,}"')" : oj ';.1 L' ~,J ~_.i ~ .:-:} r""{CL.: .~1 .~ . ~1 ~:-j ,douncilmember'i :Duke'i; askedj if, .;;,the; cityl f,chq,Y;'ged 2.:.for' :':use of the , '. 'Confmuniity, iBuirl'di.ng,' Serttor.j':Senv,icesE W;iii.g\ Jand ,the; Game Room at Colonial Park. Mr. Tanner explained the: city .c,ha,r:g,ed;, 'but not for scouts. .;"~' ;'j"'-:"~'{~:~\':~;'~ ...,>.i~; -:.:;l~'-,~:,,-"~"~ .;:j_;".I(;,_~~:.1 ~;2:.~t'tq,~; _" '. "'Counci ~membe,nJ~.Du M'e:' iwasntoneelrned '1 abolit';.:tne :- k:ilriiJIs of,-. repercuss ions . ::":that,'might:)aY'ise:),ifri;thEL:city~sp:e'ndsTthe money otorTranother city ',I! ':facilitY: ,th~a}t,;we', ate"; responsib:h~d,to::j mai nta in'~and ..;let ,the scouts ,"-. 1.(; 'u'se" it for fre'e"..?i':1f':;~~<) -~~~:..:...-':} ~.....!', '!dT ~rl;'i'j.~ -:; ~.~..~,\:.; ~'~,_, ,'j' .,' ':;:: , .; t,".~:,-: ;:1 1'~ ;.-!.\' ~ nc': ,-:r;: !i,'i,~ 10'r .~}J" ~:~ ,;: Mi ke Tanner stated he s,',t'hcciu'gh)t:o:there;.i was; r: ':a: "j pr,oy:;s::.1on in the agreement that the scouts use the facility for free. ., , I . -3 ,- - n, ')~:j~"T~ '"i^'.:'~ t : :;' ~'i~.}~rt.'.~' ":i .,,', .'~ " 'j', 'Counc:i ~l member' "Jen kiiins': r reoommended, ,~CO.Uflc'i:] :pWace~,:a' ma;)d mum do 11 a r , :am,ount'on; the"re'p~acenient,.')','J ,;: , ,', "'li'!', i T,' ....- ..):- '. i h:; ~~"~')"', I~ " .J-,~;,.".! ;~ '.;',!Cl l _n,,, - Mr.. ;'Tanner> advised; the:yrt;oti;l,l ~mo!1nt;(bf ,$l.1,.5@0:,was b,udgeted and reserved for t~e project. . :-: ;~;I'i i' ;:: ~ ..... ..;ri,.~, , DISCUSSION. GONCHRN'ING"cREPtAGEiMENJ ,.0E,FUEl::'lANKS: ':"1 , " ',!, , 'f"f'iU(~.. ;~~..; ~~. 'n' I ~_:(:1'~~nj'1f1 "1.' ,.J: , Ml ke ,Tanner'; gaove'J"da :~,st'a.tus') T repont:' ion ~the';l ;f:ue,~ :~ t.a'f1k removal contract. :;,' Dr; H.i filgumud :o:wa;s '; dMto1Jereg" ;'at t:1273! :feetd.Jl the water " Regular City Council Meeting, September 9, 1991 were problems 'the,c,ity,dou,ldFrnot ',dea:Liwith. A decision was made after a study"'ihat it 'would' be'more economical to replace the building rather than repair;it~ ;The building failed to meet the city's codes and, ordinances~ ,A dec-fsion was made to replace it at the cost of $71 ,500. Onebi d was received. There were too many doubts to "proteed'at that c tlnie~' k "structural engineer was contacted to inspect the building and he told us the building was dangerous,and it should be closed. .j i ~ Councilmember Lang' recommended City.GouncHbuild' a new building to ,be used" by 'scouts 'and::other' cit,y;,a:ctivities. Reserve it for ,scouts from 3:00:tb 7:00 p.m. on,'Monday.'through Thursday. Other ,time~ the' bu,il ding could' be used, byothers'.on a first come; first serVed,i, bas is. However ,Counci lniember. Lang\ recommended Council wait :until, the,: city can renegotiate the agreement with HISD for another 20 year,s. .' , 098 r;r t1} ~ Counci lmember Kelly suggested there be establ i shed. contro lover the fi rs t come, fi rs t served' bas is. Kelly ,was in favor of voting tonight" conditional on HISD to"~xtend'; the', 1 ease agreement. ' ' Motion was made by Counci lmember Jenkins, seconded by Council- member' ;k~l1y"that City ,Counc'ilauthorize demolition of the scout house ,and' 'preparati.on . of the." 'plans and' specifications for' , rebuilding subject'to an extended'lease agreement wi.th HISD. [ some: sort of Councilmember approva 1 from yoting Aye: Voting ~o: ' Absent:: ' ' Mayor Johnson, Councilmembers Kelly, Duke, Jenklns"Lang , Nolie . "'None Councilmember Kelly recommended ,the.. city delay the .demol ition until the city's rights are affirmed by,HISD. Mayor: _Johnson introduced Mr. Robert, Kendrick. Mr. Kendrick stated he. would volunteer .to design ,the scout buildi'ng for the . :city. ; Mr. Kendrick, 'named' Counc:ilmelTibers Kelly and, Lang to work with~him:'on the des'ign :as'well as,residentGeorge Stillman. Councilmember Kelly recommended a moratorium be placed on charging the scouts to use city facilities until'thescout buildtng is repla~ed. ~ ,.' . ~ BID OPENING FOR PURCHASE AND INSTALLATION OF INDUSTRIAL CARPET FOR CITY HALL OFFICES: ;-.. Sealed bids were received until 10:00 a.m. on September 9, 1991. Ci ty Manager Mi ke Tanner ope,~ed, the bi ds and read the fall owi ng results: Regular City Council Meeting, September 9, 1991 099 Bidder Total Bid Commercial Carpets and Interiors 17430 W. Little York, Suite F Houston, Texas 77084 Texas Carpet Co.~ Inc. 4025 Richmond Ave. Houston, Texas 77027 $ 3949.00 $ 4055.21 Mi llco Carpet 5555 West Looo South #434 Bellaire, Texas 77401 $ 4181. 22 Interior Technologies P.O. Box 630309 Houston, Texas 77263-0309 $ 8196.00 Motion was made by Councilmember Lang, seconded by Counci lmember Kelly that the bids be referred to staff for review and recommendation for award. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke~ Jenkins, Lang None None Councilmember Kelly left at thi_s time (8:19 p.m.). HOUSTON-TENNECO MARATHON: John Stokes, 2920 Rice, and David Hannah, Jr., spoke concerning the Houston-Tenneco Marathon scheduled for January 26, 1992. Mr. Stokes reported that in March of this year. he came to City Council to get permission to use the city streets in the marathon. Mr. Stokes expressed his appreciation for the support and assistance from the city, city staff and th~ residents. David Hannah, Jr. reported to Council that this year will be the host city for the U. S. Olympic Trials. One hundred and ten women wi 11 be here next January. The top three, wi 11 represent the United States in Barcelona next year. ., Mr. Hannah presented to Council a framed picture of the 1991 Marathon in appreciation for the city's support and cooperation. Mayor Johnson thanked Mr. Stokes and Mr. Hannah for bringing this matter to the attention of City Council and assured them that the city would be happy to continue established traditions in some form. 3 Regular City Council Meeting, September 9, .1991 100 I' ' ~1ayor Johnson administered the,Oa thof Office to committee members appointed at the August 26,1-991, meeting who were unable to take the oath at that time. Members taking the oath were, as follows: Strateqic Action Committee: [ OATHS OF OFFICE: Dick Ayres Kathryn Wilson Georgia Blair Bill Mackey Steve Senia Isabel Kerr Zoninq Board of Adjustment: Sterling Minor Buildinqand Standards Commission: Margaret Wallace Recvclinq Committee: Jim Vorachek RESOLUTION APPOINTING THE COMMUNICATIONS COMMITTEE: Mayor Johnson presented and read the following resolution: RESOLUTION NUMBER 91-19 APPOINTMENT OF COMMUNICATIONS COMMITTEE WHEREAS, it' is the ob],igation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint' members to various committees; and WHEREAS, the Mayor and members of the City Council have contacted qualified citizens to serve on the Communications Committee of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Communications Committee. NOW, THEREFORE, BE, IT RESOLVED BY THE CITY , COUNCIL Of THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Communications Committee: 4 Regular City Council Meeting, September 9, 1991 101 Virginia Clark Charlotte M. Burks Holly R. Hutchins Pat Malone Barbara G. Townsend Section 2. That the persons hereby appointed to the Communications Committee shall serve without compensation. Secti on 3. Tha t the persons hereby appo i nted to the Communications Committee shall serve until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. Section 4. That Virginia Clark shall serve as Chairperson of the Communications Committee until the next City Election of the City Council and thereafter until the appointment and qualification of, her successor. Section 5. All resolutions and parts of resolutions in conflict herewith are her.eby repealed to the extent of the conflict only. Section 6. If any word, phrase, clause, sentence, paragraph, secti on or other part of thi s resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by, any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or ci rcumstances shall not be affected thereby. Section 7. . The City Council officially finds, determines and declares that a sufficient written noti ce of the date, hour, pl ace and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT., ANN. art. 6252-17 ~ as amended, and that each such meeting has been open to the public as required by law at a.ll times during such discussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. PASSED AND ,APPROVED this' September , 1991. 9th day of 5 Regular City Council Meeting, September 9, 1991 Voting Aye: Voting No: Absent: ." ~ wtt*<J~ ,~, ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) Mayor Johnson announced tha t Ho lly Hutch i ns dec 1 i ned his appointment. Mr. Hutchins has enrolled in graduate school and will not have the time to serve on the committee. , Motion was made by. CouncilmemberDuk~,seconded by Councilmember Jenkins, that Resolution Number 91-19 be adopted with the deletion of Holly Hutchins. Voti ng Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly Mayor Johnson administered the Oath of Office to Charlotte M. Burks and Virginia Clark. RESOLUTION APPOINTING THE HEALTH BOARD: Mayor Johnson presented and read the following resolution: RESOLUTION 91-20 APPOINTMENT OF HEALTH BOARD WHEREAS, it is the obligation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to various boards; and WHEREAS, the Mayor and members of the City Council have contacted qualified citizens to serve on the Health Board of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Health Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 6 102 [ l Regular City Council Meeting, September 9, 1991 103 Section 1. That the ,following persons be appointed to serve as members of the Health Board: Larry K. Pickering, M.D. George S. Stillman Catherine Troisi Ka thy Wa rren Paul R. Young, Jr., D.V.M. Section 2. That the per-sons hereby appointed to the Health Board shall serve without compensation. Section 3. That the persons hereby appointed to the Health Board shall serve until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. Section 4. That Larry K. Pickering, M.D., be hereby appointed to serve as Chairman of the Health Board. l J Section 5. That Larry K. Pickering, M.D., shall serve as Chairman of the Health Board until the next regular City Election of the City Council and thereafter unti 1 the appointment and qualification of his successor. Section 6. All resolutions and parts of reso 1 uti ons in confl ict herewith are hereby ,repeal ed to the extent of the conflict only. Secti on 7. I f any word, phrase, clause, sentence, paragraph, secti on or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this, resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. 'O;:j Section 8. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting' 'at 'which this. resolution was discussed, considered or acted upon was given in the manner requi red by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required(jy- ,law, at 'all times du,fi'iingsuch discussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. 7 Regular City Council Meeting, September' 9, 1991 PASSED AND APPROVED thi s September , 1991. Voting Aye: Voting No: Absent: 9th day of ATTEST: ~~.7..(J-~", Whitt F. JOhnSO~~or . Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City,Attorney (SEAL) Motion was made byCouncilmember Lang, seconded by Councilmember Duke, that Resolution Number 91-20 be adopted as read. Voting Aye: Voting No: Absent: ' Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly 104 Mayor Johnson administered the Oath of Office to George Stillman [ and Kathy Warren. RESOLUTION APPOINTING THE SENIOR SERVICES BOARD: Mayor Johnson presented and read the following resolution: RESOLUTION NUMBER 91-21 APPOINTMENT OF SENIOR SERVICES BOARD WHEREAS, it is the obligation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to various boards; and WHEREAS, the Mayor and members of the City Council have contacted qualified citizens to serve on the Senior Services Board of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Senior Services Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 8 l Re9ular City Council Meeting, September 9, 1991 105' Section 1. That the following persons be appointed to serve as members of the Senior Services Board: Jim Council Jane Davis Marie Fish Dr. Mary Lee Gray Randy Hardy Tom B. Malloy John P. Monahan Dorothy B. Rieger Dottie Shaw Dalia Stokes M. D. Wickerham Florence Worstell Secti on 2. That the persons hereby appoi nted to the Senior Services Board shall serve without compensation. 1 -..--J Section 3. That the persons hereby appointed to the Senior Services Board shall serve until the next regular City Election of the City Council and thereafter until the appointment and qualification of their successors. Section 4. That Jane Davis shall serve as Chairperson of the' Senior Services Board until the next City Election of the City Council and thereafter unti 1 the appointment and qual ification of her successor. Section 5. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 6. If any word, phrase, clause, sentence, paragraph" ~ection or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not, be affected thereby. Section 7. ,The City Council ocffic.irally finds, determines and declares that a sufficient written notice of the date,' hour, place - and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner 9 Regular City Council Meeting, September 9, 1991 lOt} requi red by the Open Meeti ngs Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public a,s required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. PASSED AND APPROVED thi s --2!!!. day of September , 1991. Voting Aye: Voting No: Absent: ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) [ Motion was made by Councilmember Jenkins, seconded by Councilmember Duke, that Resolution Number 91-21 be adopted as read. Voting Aye: Voting No: Absent: Mayor. Johnson, CounQilmembers Duke, Jenki ns, Lang None Councilmember Kelly Mayor Johnson administered the Oath of Office to Jim Council, Jane Davis, Marie Fish, Tom Malloy, Doro,thy B. Rieger, Dotty Shaw, Dalia Stokes and Florence T. Worstell. RESOLUTION ABOLISHING THE LONG RANGE PLANNING COMMITTEE: Mayor Johnson presented and Councilmember Jenkins read Resolution Number 91-22, as follows: RESOLUTION NUMBER 91-22 A RESOLUTION ABOLISHING THE LONG RANGE PLANNING COMMITTEE; REPEALING RESOLUTION NO. 78-1 WHICH CREATED AND DEFINED THE DUTIES OF SUCH COMMITTEE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: l .^ :-~.! Regular City Council Meeting, September 9, 1991 107 Section 1. That the Resolution No. 78-1 creating and defining the duties of the Long Range Planning Committee is hereby repealed and the functions of the Long Range Planning Committee are abolished. Section 2. All resolutions and parts of resolutions in confl i ct herewi th a re hereby repea 1 ed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner. required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeti ng has been open to the publ i c as required by law at all times during such discussion, consideration and action.: i The City Council ratifies, approves 'and confirms such notices and" the contents and posting thereof. PASSED AND APPROVED this 1991. 9th day of September, Voting Aye: Voting No: Absent: ATTEST: Signed:" ,,' . ~..~, . h,tt F. JO "SO . .or .. ~.. Approved as to Form: Audrey Nichols Ci ty Secretary (SEAL) James L.Dougherty , Jr. City Attorney 11 t .. Regular City Council Meeting, September 9, 1991 Motion was made by Counci lmember Jenkins, seconded by Counci 1- member Duke, that City Council adopt Resolution Number 91-22 as read. Voting Aye: Voting No: Absent: Mayor. Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly RESOLUTION ABOLISHING THE TRAFFIC COMMITTEE: Mayor Johnson presented and Councilmember Lang read Resolution No. 91-23, as follows: RESOLUTION NUMBER 91-23 A RESOLUTION ABOLISHING THE TRAFFic COMMITTEE; REPEALING RESOLUTION NO. 89-20 WHICH APPOINTED THE TRAFFIC COMMITTEE AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Resolution No. 89-20 appointing the Traffic Committee i shereby.repea 1 ed and the functions of the Traffic Committee are hereby abolished. Section 2. All resolutions and parts of resolutions in confl i ct herewi th are hereby repea 1 ed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the appl ication thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written hotice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the publ ic as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confi rms such noti ces and the contents and posting thereof. 108 r L t Regular City Council Meeting, September 9, 1991 108 PASSED AND APPROVED this September , 1991. Voting Aye: Voting No: Absent: 9th day of Signed: ~~~/ ~ltt F. John , Mayor - , ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. Ci ty Attorney (SEAL) Motion was made by Counci lmember Lang, seconded by Councilmember Jenkins, that City Council adopt Resolution Number 91-23 as read. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly ORDINANCE RELATING TO THE SENIOR SERVICES aOARD: Consideration was given to the first reading of Ordinance Number 1405. Councilmember Duke read the caption, as follows: ORDINANCE 1405 AN ORDINANCE RELATING TO THE SENIOR SERVICES BOARD; AMENDING THE PROVISION FOR MEMBERS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONSRELATIN.G TO THE SUBJECT. Copies of Ordinance Number 1405, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Duke, seconded by Councilmember Jenkins, that Ordinance Number 1405 be accepted on first reading as presented. 7j I I ! --' Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly 13 Regular City Council ~eeting, September 9, 1991 110 ORDINANCE RELATING TO THE AMBULANCE ADVISORY COMMITTEE: Consideration was given to the first reading of Ordinance Number 1406. Councilmember Jenkins read the caption, as follows: ORDINANCE NUMBER 1406 AN ORDINANCE ABOLISHING THE AMBULANCE ADVISORY COMMITTEE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1406, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Jenkins, seconded by Council- member Lang, that Ordinance Number 1406 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly Consideration was given to staff's recommendation for award of the contract to demolish the structures at 4101, 4109 and 4119 Case Street. [ DEMOLITION OF STRUCTURES ON CASE STREET: City Manager Mike Tanner reported that staff reviewed the bids and recommended the contract for demolition of the structures on Case Street be awarded to the low bidder, P. L. Jackson Construction, at the bid price of $10,600 which included the add alternate to replace curbs and gutters at driveways., The contractor met all the city's requirements and proposed to have the project completed in 30 days. Motion was made by Councilmember Lang, seconded by Councilmember Duke ,that City Council accept staff's recommendation and award the contract to P. L. Jackson Construction at $10,600. Voting Aye: Voting No: Absent: Mayor Johnson, Council members Duke, Jenkins, Lang None Councilmember Kelly SANITARY SEWER RENOVATION, PRIORITY AREA 3: Consideration was given to Monthly Estimate No. 13 in the amount [ of $231,284.14 submitted by George M. Construction Company, Inc., . for work performed April 26 through June 17, 1991, on the sanitary 14 Regular City Council Meeting, September 9, 1991, 111 sewer renovation project. The project is 98.30% complete and the actual completion date was June 17, 1990. The City has not yet accepted the project. City's Consulting Engineer Dieter Ufer explained that the city has been retaining a large sum of the contractor's money. The contract is complete. The contractor requested a release of funds. From an engineering standpoint the project is complete. The city holds claim to a certain amount of items that staff wants completed before they recommend the project for acceptance. Until the city can get consent from the homeowners involved, staff recommends that $50,000 should be held. Councilmember Jenkins questioned the status of claims against the contractor by the residents. Mike Tanner stated the city was not named in the suit and the City Attorney advised that the city can not get involved in the suit. Councilmember Duke expressed concern for the residents who wanted to go ahead and hoo k up to the new 1 i ne. Mr. Tanner agreed the city needed to go ahead. We have held people off for some time. Mr. Tanner was convinced the line was what it should be. The only thing that was holding the city back was small peripheral matters. Councilmember Duke asked if Counci 1 approves thi s payment, does it mean that the contractor has been pai d everything that is due him except the $50,000 of the retainage. Mr. Ufer responded it was everything 'the city thought they were 'due. The contractor was arguing in addition to the $50,000 ,that the city claims are unfinished and they agree to a point of negotiation. The contractor, has submitted, additional, items for payment that have been denied. These are quantities that are left which are over and above the 98.30% claimed onithe Monthly Estimate No. 13. Councilmember Duke asked about the changes in field quantities. He assumed that there was some oversight on that so that the contractor can not claim he used a ,greaterquanti:ty than actually used. Mr. Ufer assured ,City Council that there were checks and balances on every item and unit.,' The~'resident field inspector submits a daily report as to exactly what the contractor constructed and how much he constructed and from those daily reports, these figures on the estimate are established. The daily reports are verified by the contractor. Langford Engi neeri ng I nc., checks the, i nvoi ces and staff checks the invoices after Langford. Mr. Ufer thought the amount due the contractor on Monthly Estimate No. 13 was fair ,and honest. I ---' Motion was made by Counci lmember Duke, seconded by Counci lmember Jenkins, that Oity Council" approve for payment Monthly Estimate No. 13 in the amount of .$231,284.14 submitted, by George M. Construction Company, Inc., for work performed ,April 26 through 15 Regular City Council Meeting, September 9, 1991 1.12 June 17, 1991, release of the check to the contractor subject to George M. Construction completing (to the city's satisfaction) final clean-up items by a certain date,s,uch date to be designated by the City Manager. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Counci lmember Kelly HARRIS COUNTY APPRAISAL DISTRICT PAYMENT: ' Consideration was given to the invoice in the amount of $8,239.00 submitted by the Harris County Appraisal District for appraisal services for the fourth quarter. Motion was Lang, that amount of District. Voting.Aye: Voting No: Absent: made by Counci 1 member Duke, seconded by Counci lmember City Council approve for payment the invoice in the $8,239.00 submitted by the Harris County Appraisal Mayor Johnson, Councilmembers Duke, Jenkins, Lang None 'Counci lmember Kelly , REFURBISHING OF FIRE TRUCK: Consideration was given to the invoice in the amount of $19,890.00 [ submitted by Special Equipment Service for work performed on the 1972 Fire Department Pumper. Fire Chief Terry Stevenson reported the work was 50% complete and payment represents 1/2 of the 'total contract amount. Two officers inspected the truck and reported that the work was being performed according to the specifications. Mati on was made by Counci lmember Duke, seconded by Counci 1 member Lang,~hatthe invoice in the amount of $19,890.00 be approved for payment to Special Equipment Service for work performed on refurbishing the pumper. Voting Aye: 'Voting ,No: Absent: LEGAL SERVICES: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember, Kelly Consideration was given to the invoice in the amount of $3,472.40 submitted for legal services provided on the city's behalf for the month of August 1991. Motion was made by Councilmember Jenkins, seconded by Council- member Lang, that the invoice for legal services for the month of August 1991 be approved for payment. l 16 Regular City Council Meeting, September 9, 1991 1.1(i Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly APPOINTMENT OF PUBLIC WORKS DIRECTOR: Consideration was given to the City Manager's recommendation for appointment of a Public Works Director. Mr. Tanner recommended Mr. Ed Menville, the former Director of Engineering, City of Victoria. Mr. Menville has 10 years experience in the City of Victoria and has worked with drainage, streets and capital improvement projects.. Mr. Menvi 11 e can report to work on October 1, 1991. Motion was made by Counci lmember Lang, seconded by Counci lmember Jenkins, that City Counci 1 approve the appointment of Ed Menville to the position of Public Works Director with a salary of $61,000, car allowance of $2,400 and moving expenses. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly CITY COUNCIL MEETING ,MINUTES: Consideration was given to the minutes of the following city council meetings: (a) City Council Special Session on August 19, 1991; and (b) City Council Special Session on August 20, 1991. Councilmember Duke offered the following amendment to the Cfty Council Special Session of AugustI9~; 1991" related to the insurance report. onp'age 8. He did not remember a formal vote to tabl e the i nsuranceireport. Ci ty Counci 1 di scussed, the report and decided we would review itat the appropriate time. Councilmember Duke suggested the minutes should read: The status of the bid DackaQe preparation 'was discussed and it was agreed that it would be presented at a, 1 ater date. City Counci 1 agreed with the amendment. Motion was then made by Counci lmember Duke, seconded by Counci 1- member Lang, that Ci ty Counci 1 approve the minutes of the Speci a 1 Session on August 19, 1991, as amended and approve the minutes of the Special Session on 20, 1991, as submitted. l _J Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Jenkins, Lang None Councilmember Kelly 17 Regular City Council Meeting, September 9, 1991 114 MATTERS RELATING TO THE REMOVAL OF FUEL TANKS: Mr. Tanner requested Council consider authorizing and approving the expendi ture of funds for removal of the underground asphalt tank. Motion; was made by Counci 1 member Lahg, seconded by Counci lmember Duke, that City Council authorize the expenditure of $6,450.00 for the removal of the contents of the asphalt tank, such materials to be placed on the roadways a tthe landfill. Voting Aye: Voting No: Absent: Mayor Johnson , Councilmembers Duke, Jenkins, Lang None Councilmember Kelly Councilmember Jenkins requested that the actual time spent on the removal of the contents to be documented. Council member Lang asked to seethe Emergency Response Plan and the actual expenses. POLICE DEPARTMENT ACCREDITATION REPORT: Mr. Tanner reported that the Police Department had completed the accreditation plan outlined by the Commission on Accreditation for Law Enforcement Agencies. The purpose of the accreditation is to r establish a model department which has met all accepted policies L and procedures. It gives the department a goal to work towards. It can mean a reduction of exposure when the officers go to court. Accreditation in effect means that the department is a first class department and whose standards can be upheld in court. The department has passed the "mock-on-site" inspection. Three ~ officers from other agencies, who have been actively involved in working to meet the accreditation standards in their own agencies, spent three days review,ing approximately 60% of the files. Overa 11 , " they ,found that the Pol ice Department documentation more than ,met the, requirements of the Accreditation Commission. The Accred'itation Commission has been contacted to schedule an on-site visit. The on-site visit will be done by four or five assessors sent from simi.lar size agencies outside the State of Texas. They will spend a week reviewing the departmental files, interviewing personnel and observing operations. COUNCIL COMMENTS: Counci lmember Lang expressed her appreciation that the crossing guard was back at the Weslayan/University intersection. She was embarrassed about the sign ordinance enforcement. Councilmember Lang suggested that Counci 1 and staff work together. She wanted advice from staff on these iissues~' 'Councilmember Lang asked if lr,,' the Mayor had talked to the three builders concerning their citations. Mayor Johnson reported that at this time he had not. 18 ~ I 1 I ~) ~ I I -I,';' Regular City Council Meeting, September 9, 1991 11J~ Councilmember Jenkins asked if the police officers were still issuing warnings for signs when they are placed in rights-of-way. Police Chief Steve Griffith reported the officers were taking up the signs and moving them back. The city has stickers on order that will be put on the real estate signs when these signs are placed in violation of the sign ordinance. CouncilmemberDuke asked if there was more information on the evaluation of disposing of the police cars early. Mr. Tanner reported that it was possible to sell the cars for $1,000 more now than in the Spring. His recommendation was that if the city can not sell them now for more than that, we change our cycle. Now we are buying 3 cars one year and 2 cars the next year. What will happen is if we switch out these cars now the city will not have to buy a car next year, but the next year, the city would have to buy 5 cars. Mr. Tanner was not sure that would appropriate. Councilmember Duke agreed but suggested the cars be monitored so that if any major breakdown occurred, before the city repairs it, staff consider selling it. Councilmember Duke asked the status of el iminating the excess vehi c 1 es. Mr. Tanner reported the ci ty had a 1 ready so 1 d three vehicles and were moving the rest as there is time at the auction center. ADJOURNMENT: With no further business to come before City Council at this time, motion was made byCounci lmember Lang, seconded by Councilmember Jenkins, that the meeting adjourn. Such motion carried and the regular session was adjourned at 9:55 p.m. ~~~ -' -.?~ - lfhltt F. Joh < , Mayor Audrey Nichols City Secretary 19 119 I l L 117 J'., ' ' CITY COUNCIL WORKSHOP SESSION THURSDAY, SEPTEMBER 12, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, September 12, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Jenkins and Lang. Council- members Kelly and Duke were absent. The members of City Council toured various parks in the area to get an on-site view of innovative and creative ideas for development. City Council returned to City Hall. With no further business to come before City Council at this time, the workshop session was adjourned. l J (ifJ.L./i ~~~ hltt F. Jo son Mayor Audrey Nichols City Secretary ! I I 116 i! [ [ 119 ~H' ;~f' :iL ,J:". CITY COUNCIL WORKSHO~ SESSION MONDAY, SEPTEMBER 16, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, September 16, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Jenkins and Lang. Councilmember Duke was absent. The City Manager was also present. The meeting was called to order by Mayor Johnson at 7:10 p.m. Residents present were: Chuck Gillan Kyle Pentecost Alice Davis 3620 Georgetown 2606 Centenary 4130 Amherst D' . ~ j. . .;~. Chuck Gillan stated his opposition to the proposed new tree ordinance and employment of an Urban Forester. Mr. Gillan stated it would be an overkill of restrictions. Ms. Davis presented a petition signed by 22 people requesting that the plumbing code be changed to allow citizens to use PVC pipe instead of copper tubing or galvanized steel pipe for connection of house service. J The City Manager stated that he had similar requests and had found that the cost of PVC was 32~ per 1 inear foot as compared to $1.47 for copper which would effect the cost for house service. After numerous questions it was the opinion of City Council that Section 17-16 of the plumbing code should be amended to permit an alternate use of PVC pipe if desired by a citizen. The Mayor stated that this matter wouij be placed on the Council agenda for September 23, 1991. ' City Manager Mike Tanner presented each member of City Council a copy of the preliminary budget and explained the proposed tax rate and total budget allocations. It was decided that the City Council would meet on September 25, 1991 with the City Manager and the Director of Finance and Administration to consider budget detail. City Council Workshop'Session, September 16, 1991 120 The City Council reviewed 33 priority items which was a composite of each councilmember'sitems 'they wished to be considered. After certain deletions and revisions were made, City Council agreed to meet in another session to finalize the priorities which are then to be passed on to City Manager Mike Tanner for implementation. With no further business to come before City Council at this time, the meeting was adjourned at 9:05 p.m. ..~ 'Iv- #~ e> ~hl t~. Johns . ' Mayor Whitt F. Johnson City Secretary [ L ? 121 n"" ~t ; :.i. .. CITY COUNCIL WORKSHOP SESSION MONDAY, SEPTEMBER 23, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. , 6:30 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, September 23, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly and Lang. Councilmembers Duke and Jenkins were absent. Also present were the City Manager and City Secretary. REPORT FROM CAROL BURKE, CHAIRMAN OF THE PARKS BOARD - DISCUSSION ONLY: ill'~ c; lr.4' Jf Carol Burke submitted a letter from Tom Rushing, Chairman of the Friends Board, and herself, recommending 3 persons for appointment to fill the vacancies on the Friends Board. Their recommendations were: Donna Jaschke, Jay, Di ngee and Nancy Wi'l i alTls. Ms. Burke reported on the fund raising skills of each one and asked Council to consider them for appointment. Ms. Burke submitted a draft of a mission statement for the Parks Board for direction from City Council. The Statement consisted of the following: Possible Elements for VALUES statement: Expansion of Green Space Safe and Creative Playgrounds and Playscape Accessible Sports Facilities Quiet Space in Urban Setting High Qualiti but Economical Park Development Planting/maintenance of Foliage Possible Content of Mission Statement l j In partnership with the citizens of West University and the Mayor and City Council, proceed with phased development of existing Park space in accordance with a co.nsensus master plan covering all city parks. Initial, focus of the development plan wi 11 be development of "qui et space" setting atMi 1 ton Street and upgrade/expansion of the "recreation facilities" at Colonial Park. We will also serve, when requested by the Mayor and City Council, as advisors or intermediaries on selective acquisitions of property and equipment, planting flora, and developing a City Council Workshop Session, September 23, 1991 122 maintenance level of parks and playgrounds within the City boundaries that adhere to national standards. Through periodic joint meetings and workshops we will equip the Friends of West University Parks with all necessary information required to assist in fund raising efforts from private sources and actively participate in canvassing of public agencies for funding of parks proj ec ts . Ms. Burke distributed park plan estimated costs for development of the Milton Street Park Site and suggested the development of this park site as top priority. In conjunction with that, to kick off the fund raising by doing the Community Center landscaping for $20,000 and work at the West University Elementary School for $9,000 and tie all three together with the West UMagazine publication of the park plans. The Community Center landscaping was an item in the city's 1991 budget. Ms. Burke suggested that these projects could be done immediately. Milton Street work would have to be bid and it might be January before the city could see ground work taking place. She recommended to begin work on the park design with low-level maintenance type ofplantings. The total cost estimate submitted by Tapley-Lunow Architects to complete the design development of Milton Street Park was $253,345.00. The Parks Board was suggesting to separate the design into two phases and, at this time, exclude the playscape, ring and pavilion. The park could then be developed to a poihtwhere people could enjoy it. Phase 2 could be scheduled for development later. Mayor Johnson asked if thought was gi ven to p 1 anti ng of trees so that when construction of the structures occurred, the trees would not be' damaged. Ms. Burke responded the structures could be constructed without damaging the trees. Phase 1 items were listed as fa 11 ows: Concrete Pavin for sidewalks the majority of the paving Stone Seatwa 11 $5,600 3,910 PlantinCl a. Grass: Solid sod 25,320 sf b. Shrubs: 520 sf (100 shrubs) c. Groundcover: 560 sf d. Bed Prep: 1,080 sf e. Trees 1. 3 large specimen live Oaks (Do not know at this time how many trees trees") 2. 10 accent trees 3. 13 pine trees 8 crepe myrtles 25 pear trees 8,860 1,800 1,612 1,350 2,400 go in the "ring of l 1,800 1,690 1,040 8,125 2 City Council Workshop" Session, September 23,1991 l~~ ~tePreD(depends on soil test, results 6,660 Excavate shell/soil mixture Scarify subgrade ' Import and place topsoil Privacy fence: not part of estimate City will construct Site furniture 19,936 24,000 Site liqhtinQ/electrical , Irriqation 13,200 Drainaqe 8,715 Park siQn : allow 1,000 Mayor Johnson asked how the Parks Board might feel if Council decided to try to select another park architect/designer. Carol Burke responded that the plans for the Milton Street park site have progressed to the point where the city would lose a great deal if it started over with another architect/designer. Mayor Johnson advised that City Council was committed to seek some other professional advice rather than go with the, Tapley-Lunow firm. However, Tapley~Lunow would be asked to bid. Mayor Johnson asked Ms. Burke to ask Tapley-Lunow what they woul d charge for Phase 1 plans for JMH. Carol Burke agreed to do that. Council agreed to consider the development plans for approval at the next meeting. REVIEW STATUS OF FUEL TANKS AND FUEL SUPPLY - DISCUSSION ONLY: Ci ty Manager Mi ke Tanner reported on the proposed fl eet gaso 1 i ne purchase program. However, there was not very much to report at this time.' Texaco and Shell offer fleet accounts where the city would be given specific cards either by employee or by vehicle. Mr. Tanner thought there woul d be a' percentage fee (from 1/2 to 2%) that the city would be charged for the service and the report data. Fleet purchase would permit the city to avoid the cost of installing the tanks. The city would be required to bid the fleet purchase. There is a possibility the city may be able to install a tank and gas island in the same location as the old one. The city will need to submit a plan to the Texas Water Commission so the TWC can make a decision on that. Dup's is capable of doing the submittal to the Texas Water Commission so that a decision can be reached as to where to locate the new tank. Based on conversations with Mr. Banes from the, Texas Water Commission, and others, Dup's will be ab 1 e to make the submi ss i on to them. The ci ty needs to be able to 3 City Council Workshop'Session, September :23, 1991 124 prove that the tan k and the site wi 11 be cleaned up, then there should not be a problem. Mr. Tanner explained that no action was required of City Council at this time other than to accept the information and allow the staff to proceed. COUNCIL COMMENTS: No member of City Council had anything further to offer at this time. ADJOURNMENT: With no further business to come before City Council at this time, Mayor Johnson declared the workshop session adjourned at 7:30 p.m. ~-=2-:~~ ltt F. Joh on Mayor Audrey Nichols City Secretary d [ r- l 125 D REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 23, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, September 23, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly and Lang. Councilmembers Duke and Jenkins were absent. Also present were the City Manager, City Secretary, City Attorney, and the Director of Finance' and Administration. Mayor Johnson, delivered the invocation and Councilmember Kelly led the Allegiance to the Flag. HEARING OF RESIDENTS: J Mayor Johnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Janet L. Redeker, 3142 Bellaire, expressed her concern over the resignation of the City Secretary. She expressed her disappointment in the current City Council's mode of operation and interaction with city staff, that there was a feeling of mistrust conveyed to the employees. Ms. Redeker questioned the lack of activity on city water and sewer 1 i ne projects. She thought :the constructi on projects had come to a stand-still. Ms. Redeker urged Council to consider a bond issue election in the near future. Ms. Redeker thought the City Council was acting irresponsibly. She was concerned that ,the' Mayor.had an office, part-time secretary and file cabinet in an office at City Hall. The city operated by Charter under the Council-Manager form of government. The city did not need a Mayor who was acting as' a City Manager. Ms. Redeker stated the city had a very fine City Manager who ',should be allowed to manage the city. ' Mr. Tanner explained the city was working on a number of capital improvement projects and the city was in the position to proceed. A map was developed detailing the areas that need construction and he anticipated presenting a bond issue to the citizens within the next 6 months. ~ Councilmember Kelly responded that on May 13, 1991, when he was sworn in to office he made the statement that if the residents thought the C,ity Council was' doing something right or doing something wrong he woul d appr.eciate people' coming forward and telling Council. In this way Council could, try to address the problems. Regular City Council Meeting, September 23, 1991 126 Mayor Johnson read the letter of resignation from the City Secretary. The Mayor stated that his secretary earned $8.00 an hour which was less than any other employee in the city. Sal Manzo, 4036 Ruskin, spoke concerning an item not on the agenda this evening. Namely, it was the recommendation of the Zoning and Planning Commission at its meeting on September 12, 1991. The Commission passed a motion and made a recommendation to the City Council to amend Section (d) of PDD-TH6 of the zoning ordinance by changing the word "shall" to "may". The second part of the recommendation was to consider deleting Section (d) after receiving advice from the City Attorney. That item did not appear on the agenda. Mr. Manzo wanted to know why and if and when it would appear. Mayor Johnson advi sed that the recommendati on had been di scussed and City Council planned to have that item on the agenda for a special meeting on September 30, 1991. The City Attorney explained the process of zoning amendments can take two different paths. One way involves the Zoning and Planning Commission initiating an amendment; calling their own hearing; then making .a report to the City Council. Another method involves a joint public hearing where the Council authorizes preparation of an ordinance calling a joint public hearing. This method was the one used in previous zoning issues. This, particular recommendation reached the City Council on Thursday last week. It takes some time to prepare the ordinance for the materials that are involved and it could not be accomplished by Friday (when the agenda had to be posted). The Mayor explained to Mr. Manzo that the City Attorney would prepare an ordi nance call ing the joi nt pub 1 i c heari ng and all the necessary documents for the hearing. Council would go forward and consider the zoning amendment. Mr. Manzo stressed that time was of the essence. Councilmember Lang asked the City Attorney if the Council could, at the same time the Zoning Board of Adjustment (ZBA) is considering granting an exception, consider that law and consider changing the law while it is in deliberation with the ZBA. The City Attorney responded that, yes, Council could consider it. There was a State law that would not allow a retroactive effective date. Councilmember Lang concurred and stated that without a retroactive I clause (she realized that was unconstitutional) a would not be I out of order for Council to consider taking the Zoning and L Planning Commission's recommendation to either change "shall" to II may II or delete section (d). 2 Regular City Council Meeting, September 23, 1991 12~YI City Attorney Jim Dougherty stated he did not know a law that would stop City Council from considering it. Council member Lang stated she realized it would be moot if the Zoning Board of Adjustment ,chose another tactic; it would be more an expression of sympathy by the City Council. Councilmember Lang asked the City Attorney if the procedure, once itis on Council.s agenda, would be to call a public hearing which could take 15 days after the mailing of the Notice of the Hearing. Mr. Dougherty responded the time table of joint public hearing involved that Council prescribe the Notice. In the past the city has used 15 days published notice plus at least 11 days mail-out notice. It does take sometime after the ordinance is adopted to get the Notice in the paper. For purposes of time schedules Council usually budgets a few days after the passage and final adoption before the Notice has to go out in the paper. Council may cons ider an emergency clause in the ordi nance as well. Otherwise Council would be looking at two regular meetings to adopt the ordinance on two readings. Craig Joyce, 4107 Ruskin, urged Council consider moving forward on an emergency basis if possible. He also urged the block of 4 lots be treated as a single unit: wi-th ,a cut only on Weslayan Street. The second concern was what Council could do without legal 1 i abi 1 i ty. The Counse 1 for the app 1 i cant argues, based on the statute to which Mr. Dougherty referred, that the, appl icant has locked in the benefit of the eXlsting Section; (d): for purposes of this application. They have locked in the benefits and locked in the di sadvantages. It may not be that they are permitted to do what they want to do when the Zoning Board of Adjustment looks at it. If the ZBAwere to reject the application for special . exception or if it were to attach strict conditions which would cause the appl icant to withdraw his application (as it has done once before) it would lose the benefit of the statute (the section (d) that is there now).' If in the ~eantime, Section (d) has been eliminated, the nextappl ication would not be subject to Section (d). It is vitally important i to the residents on Ruskin to get the Section (d) out as early as possible. Armando Nart, 4103 Ruskin, supported Mr. 'Manzo and his concerns. l Darlene Nart, 4103, Ruskin, also supported Mr. Manzo's i nteres ts. -, I I I I Ellis Mills, 4012 Ruskin, '.urged Council's expedience in the Ruskin Street matter. Buddy Bell, 4038 Swarthmore, expressed his ,disappointment in the City Council and. the resignation of the City Secretary. He expressed concerns for the apparent mistrust of City Council toward city staff. 3 Regular City Council Meeting, September 23, 1991 128 His concerns began the first day of school this year. He has an 8 year old son who walks' to school or rides his bike and he must cross Weslayan at University. The previous City Council placed a crossing guard at city expense at that intersection. He remembered the cost to be :$3800. GOa year. The first day of school the crossing guard 'was not there. Mr. Bell was concerned for all the children who lived on the west side of Weslayan and crossed ther.e to go to school. When he called City Hall to inquire about the crossing guard, he was told that City Council was cutting costs and the crossing guard was eliminated. That was $3,800 a year savings. Mr. Bell stated he believed in efficient government, but he di d not want to lose certa i n city servi ces. Mr. Bell reported he polled every 'ci ty counci 1 member except for Mr. Kelly who was out of town. Not a one knew the crossing guard was gone. Mr. Be 11 wanted to know who made the deci s i on. He thought the Mayor made the decision or the City Manager. Mr. Bell urged that decisions be'done in open session by the Council voting on the issue and under the direction of the City Manager. Mr. Bell further reported concerns over the reduction of the hours at the swimming pool. When he inquired of the council members as to"who made the decision to'reduce the hours, no one knew about it. Another decision was made that affects the citizens living standards that this Countil did not vote on. Mr. Bell was concerned that the Mayor had a secretary. I f it was [ needed, tha twas fi ne. The Counc il Members he ta 1 ked to, other than Jim' Jenkins, did not know that her salary was coming out of '. the taxpayers pockets. Who was making the decisions. There has been an exodus of personnel. First, City Council cut the 'car allowances of everyone who haC1 a car allowance. If Mr. Bell worked for the city, he thought he would be irritated because he would consider it a 'cut in pay. Curtis Cooper, Phyllis Rinehart, Brent Sherrod, Wayne Perry · have all left the city. The previous City Council hired Cecil Boles to take Wayne's place because it was obvious that Mr. Perry would soon retire. That City Council encouraged Ceci 1 Boles to go to call ege, to 1 earn the city ordinances, and work, ,here, so he coul d take Wayne Perry's place. Now, Mr. Bell understood that another person was hired to take Cecil Boles' place as Mr. Perry's replacement. Mr. Bell was concerned that trust had been destroyed between City Council members and city staff. Mi ke Tanner was hi red over other poss i b 1 e app 1 i cants for the position, but it appeared to Mr. Bell that there were two city managers in'the city. There appears to be a lot- of decisions made that City Council Members do not know about. Mr. Bell further' expressed concerns over the cuts in vari ous l conmittees. Mr. Bell stated it appeared to him that City Council c- wanted less citizen input. 4 Regular City Council Meeting, September 23, 1991 129 Mayor Johnson thanked Mr. Bell for his comments. Councilmember Kelly requested Mr. Bell to stay on top of City Council actions and watch the resul ts. It was City Counci l' s goal to turn thi s city around and make it responsive to the residents. Gary Rachl in, 2915 Pittsburg, expressed his concern over petty crime in the city. His son had a bike stolen recently and other items were taken over a period of time. Mr. Rachlin did not think the Police Department was directing traffic in the school zone duri ng school hours. He thought that perhaps pol ice efforts could be better directed. Ci ty Manager Mi ke Tanner exp 1 a i ned that the school zone was top priority with the Police Department~ Speed laws and parking regulations were strictly enforced. Sheldon Miller, 3835 University, expressed his concern for the way the recycl ing bins were being handled. The bins had been moved to the i ntersecti on of Co 11 ege and Mi 1 ton and he thought they were unsightly and too visible. Mr. Tanner explained that the city was in the process of removing leaking fuel tanks lotated orr Milton Street and when the project was complete, the recycling bins would be relocated on the side of Milton Street. Mr. Miller reported an incident at the intersection of Auden and Marlowe late one night. He and his friend were driving home and noticed suspicious circumstances around a parked car. A person was in the car and another was outside the car. When Mr. Miller turned his car onto the street, the person outside the car jumped in the parked car and the dri ver sped away. Mr. Mi Her ca 11 ed the Police Department and reported 'the incident to the Dispatcher. However, Mr. Miller received no response. Later, talking to an offi ce on pa tro 1, Mr. Mi 11 er was to.l d that the officer di d not , receive the report from dispatch. Mr. Tanner agreed to investigate the matter. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished to address a specific agenda item to speak at this time.. nrere were none present who wi shed to speak concerning an agenda item. l I J OATHS OF OFFICE: Mayor Johnson administered,:f the Oaths of Office to members of various boards' and committees who had not previously taken the oath. Strategic Action Committee 5 Regular City Council Meeting, September 23, 1991 130 Buddy Bell Sheldon J. Miller B. W. "50nny" Payne Stuart Schube Steven Schwartz Senior Services John P. Monahan' Dr. Mary Lee Gray Randy Hardy Health Catherine Troisi REOUEST FROM WEST UNIVERSITY ELEMENTARY SCHOOL PTA: Kathy Haun, representing the PIA,' requested Council consider granting permission to the PTA to hang a banner across University Boulevard to advertise, the PTA Carnival and Auction. The city code (Section 3-35 (d)(3) limits the time a sign permit is in effect to 72 consecutive hours when the event or festival is actually being held. Ms. Haun explained the PTA would like the banner to remain across University for the entire week of the festival beginning on October 18,,1991 and for 7 days 0 thereafter. It would be their main source of-advertisement. " Moti on was made by Counci 1 member Kelly, seconded by Counci lmember [ Lang, that City Council grant permission to the West University . Elementary School PTA to hang the banner across University Boulevard for a period of 7 days beginning on October 18, 1991. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Lang None Councilmembers Duke, ,Jenkins RESIGNATION OF THE CITY SECRETARY: Consideration was given to the City Secretary's letter of resignation dated September 18, 1991. Mot i on was made by Counc i 1 member- Kelly, seconded by Mayor Johnson, that City Council regretfully accept the letter of resignation from the City Secretary. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins TRI-SPORTS ASSOCIATION: Russ Schulze, 3518 Rice,.-and President of the Tri-Sports r Associatiol1, submitted a letter requesting City Council consider l including in the 1992 budget a total of $33,000.00 to Tri-Sports f Association. The association's annual operating budget request L was for $18,000 which was the same amount received in 1991. This 6 Regular City Council Meeting, September 23, 1991 131 amount was usually paid in three equal installments of $6,000.00. Mr. Schulze explained' that there were several old and delapidated back-stops and some fencing that needed to be replaced and repainted. The capital improvements budget to accomplish these projects amounted to $15,000 to upgrade fields 2, 3 and 5A. The 1 ife of each backstop is approximately 20 years. The $15,000 averages to $750 'per year, or $0.60 for each of approximately 1,250 children participating in organized baseball or softball each year. Tri-Sports would need the $15,000 in January 1992 prior to beginning tryouts for Spring teams. After discussion, City Council agreed to include the $33,000 in the 1992 budget for the Tri-Sports Association. RESOLUTION RELATING TO THE CERTIFIED APPRAISAL ROLL, ASSESSOR-COLLECTOR'S CERTIFICATE AND RELATED INFORMATION: B City Council considered Resolution No. 91-24, Acknowledging Receipt of Appraisal i Roll, Assessor-Collector's Certificate and related Information; Designating a Person to Calculate Certain Tax Rates, Make Certain Publ ications and Perform Other Related Tasks; Deciding on the amount of Surplus and Unencumbered Funds to be used to Pay Debt Service; and Containing Related Provisions. (a) Acknowledge receipt of Certified Appraisal Roll (b) Accept the Anticipated Collection Rate; and (c) Accept Calculation of the 1991 Effective,Jax Rate Mayor Johnson recommended action on Resolution No. 91-24 be deferred to a meeting called for Monday, September 30, 1991. City Counc i 1 'concurred that the reso 1 uti on be deferred. RESOLUTION RELATING TO APPOINTMENT TO THE HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY FOR 1992: Mayor Johnson presented and read the following resolution: RESOLUTION NUMBER 91-25 CITY OF WEST UNIVERSITY PLACE DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1992 BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: l I ---..J i '. ~ . Section 1. That be, and is hereby, designated as its representative to the General Assembly of the Houston-Galveston Area Council for the year 1992. 7 Regular City Council Meeting, September .23,1991 Section 2. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ine.ligible, or should he resign, is. , , Section 3. That the Executive Director of the Houston~Galveston Area Council be notified of the designation of the hereinabove named delegate and a lte rna te . Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflicto~ly. Section 5., If any word, phrase, clause, sentence, paragraph, section or other part ~f this resolution .or the application thereof to any person or circumstance, shall ever be 'held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase,. clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place, and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSE.D AND ADOPTED, thi s the 23rd ' day of September , 1991. Voting Aye: Voting No: Absent: ,Si gned: ATTEST: Approved as to Form: Audrey Nichols City Secretary (SEAL) James L. Dougherty, Jr. City Attorney B 132 Regular City Council Meeting, September 23, 1991 133 Counci lmember Lang nominated Counci lmember Kelly to serve as the city's delegate to the H-GAC. General Assembly. Councilmember Kelly nominated Councilmember Lang to serve as the Alternate. Motion was made by Councilmember; Kelly, seconded by Councilmember Lang, that Resolution be adopted with the name of Councilmember Kelly and Councilmember Lang to serve in the capacities indicated. Voting Aye: Voting No: Absent: Mayor Johnson, Counci 1 members Kelly, Lang None Councilmembers Duke, Jenkins RESOLUTION NOMINATING A CANDIDATE, TO THE HARRIS COUNTY APPRAISAL DISTRICT BOARD: Mayor Johnson read the following resolution: RESOLUTION NUMBER 91-26 CITY OF WEST UNIVERSITY PLACE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, NOMINATING A CANDIDATE, FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT - , WHEREAS, those cities and towns, other than the City of Houston, within the Har.ris County Appraisal District have the right and responsibil ity to elect one person to the :Board ,of Di rectors of the" Harri s, County Appra i sa 1 Di strict for a term: of' ,office commencing on, January 1, 1992, and extending through December 31, 1993; .and WHEREAS, this governing body desires to exercise its right to nominate a candidate ,for such position on said Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this Resolution be, and they are hereby, adopted, ratified and confirmed. , Secti on " 2. That Lee Ti pton , Mayor, City of Tomba 11, 401 W. Market St., Tomba 11, Texas //3/0, be, and he is' hereby, nominated as a candldate, tortnat position on the Board of Directors of the Harris County Appraisal District to be filled by those cities and..towns, other than the City of Houston, wi thi n the Harri s County Appraisal District for a two-year term of office commencing on January 1, 1992. 9 Regular City Council Meeting, September 23, 1991 Section 3. That the presiding office of the governing body; of th i s tax i ng uni,t be, and he is hereby, authori zed and directed' to deliver or 'cause to be delivered a certified copy of this Resolution to the Chief Appraiser of the Ha rri S County Appra i sa 1 Di s tri ct on or before October 16 ~ 1991. Section 4. All resolutions and parts of resolutions in confl i ct herewi th are hereby, repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this reso 1 uti on or the appl ication thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was g1 ven in 'the manner 'required by the Open Meeti ngs Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the publ ic as required by law at 'all times during such discussion, consideration and action~ The, City Council ratifies, approves' and confi'rms such noti ces and the contents and posting thereof. PASSED September AND APPROVED , 1991. 23rd day of this Voting Aye: Voting No: Absent: Si gned: . ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney 10 134 I L Regular City Council ~eeting, September 23, 1991 135 Moti on was made by Counci 1 member Lang,_ seconded by Counci 1 member Kelly, that City Council adopt,Resolution Number 91-26 as read. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins 1990 AUDIT PAYMENT: Consideration was given to the invoice in the amount of $1,000 representing final payment to KPMG Peat Marwick for services in connection with the 1990 audit of the city's financial records. . ..... Motion was made by Councilmember Kelly, seconded by Councilmember Lang, that Ci ty Councj 1 author'; ze final payment of $1,000 to Peat Marwick. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Lang' None . Councilmembers Duke, Jenkins 1988 BOND ISSUE: ] Consideration was . given to the i,nvoice in the amount of $258,181.25 submitted by First City Texas Bank for interest due on the 1988 Bond Issue. Mati on was ,made by Counci 1 member Lang, ,seconded by Counci lmember Kelly, that City Council approve for, payment the .invoice in the amount of $258,181.25 submitted by First City Texas. Bank for interest on the 1988 Bond Issue. Voting Aye: Voting No: Absent: , , Mayor Johnson, Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins . ,. _ i . .-, ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given, to the invoices totaling $11,114.85 submitted by Langford Engineering, Inc., for the, following utility related projects: (a) Invoice No. 6555 in the amount of $1,289.14 for the Surface Water Line to Milton Street Water Treatment Plant; l I ~J (b) , Invoice No. .6556 in the amount~ of $717.58 for Priority Area 3, Sanitary Sewer Renovation Project; (c) Invoice No. 6557 in the .amount of $422.42 or Priority Area 2B Water Repl acement:Amherst , Academy, Bi ssonnet and Westpoint; and 11 Regular City Council Meeting, September 23, 1991 136 (d) Invoice No. 6558 ,in the amount of $8,685.71 for Wakeforest Water Plant Expansion. City Manager Mike Tanner advised the invoices had been reviewed by staff and recommended them for payment. Motion was made by Councilmember Kelly, seconded by Councilmember Lang, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: MayorJohns~n, Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins PURCHASE AND INSTALLATION OF INDIISTRIAI : CARPFT. Mi ke Tanner reported that staff reviewed the four bids received. The low bidder was Commercial Carpets Inc., at $3,949.00. References were checked and after discussing the project with the low bidder, staff was comfortable to recommend them for the project. Motion was made by Councilmember Lang, seconded by Councilmember Kelly, that City Council accept staff's recommendation and award the contract for purchase and installation of carpet to the low bidder, Commercial Carpets Inc., at the cost of $3,949.00. Voting Aye: Voting No: Absent: Mayor Johnson,Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins WATER LINE REPLACEMENT - WESTPOINT. ACADEMY. AMHERST AND BISSONNET: Consideration was given to Monthly Estimate No. 5 in the amount of $113,843.73 submitted by Reliance Construction, Inc., for work performed on the water 1 ine replacement project August 1 through August 31, 1991. ' City's' consulting Engineer, Dieter., Ufer, explained the contract was ahead of schedule and would probably be compJeted, before the estimated December 6 completion date. The estimate was reviewed by Langford Engineering Inc., and by city staff. Mr. Ufer recommended the estimated for payment.. Motion was made by Council member Kelly, seconded by Councilmember Lang, that City Council approved for payment Monthly Estimate No. 5 in the amount of $113,843.73 submitted by Reli,ance Construction Inc., for work performed August 1 through August 31, 1991. Voting Aye: Voting No: Absent: Mayor Johnson, Councnmembers Kelly, Lang None Councilmembers Duke, Jenkins 1? Regular City Council Meeting, September 23; 1991 1,37 ORDINANCE RELATING TO THE SENIOR SERVICES BOARD: Mayor Johnson presented Ordinance Number 1405 for second and final reading. The caption was read, as follows: ORDINANCE 1405 AN ORDINANCE RELATING TO THE SENIOR SERVICES BOARD; AMENDING THE PROVISION FOR MEMBERS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number, 1405, in the form, required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Counci lmember Lang, seconded by Counci lmember Ke llY' that Ord i nance Number 1405 be adopted on second and fi na 1 reading as presented. "I I I I -.-J Voting Aye: Voting No: Absent: Mayor Johnson,Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins ORDINANCE RELATING TO THE AMBULANCE ADVISORY COMMITTEE: Consideration was given to the second and final reading of Ordinance Number 1406.' Mayor Johnson read, the caption, ,as follows: ORDINANCE NUMBER 1406 AN ORDINANCE ABOLISHING THE AMBULANCE ADVISORY COMMITTEE; AMENDING, THE CODE OF ORDINANCES ,OF" THE CITY OF WEST UNIVERSITY PLACE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1406, in the form required for adoption, were available to all" members of City Council and a reasonable number of additional copies availabl,e, to interested citizens present. Motion was made by Councilmember Kelly, seconded by Counci lmember Lang, that Ordinance Number 1406 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: " ~ Mayor Johnson, Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins 13 Regular City Council Meeting, September 23, 1991 138 CITY COUNCIL MEETING MINUTES: Consideration was g.iven, to the minutes of the following city council meetings: (a) City Counci 1 Workshop, Session on August 26, 1991; (b) City Council Regular"Session on August 26, 1991; (c) City Council Workshop Session on September 3, 1991; (d) - City Council Workshop Session on September 9, 1991; (e) City Counci 1 Regular Session on September 9, 1991; (f) City Council Worksho~Session on September, 12, 1991; and (g) City Counci 1 Workshop Session on September 16, 1991. Motion was made by Councilmember, Kelly, ,seconded by Counci lmember Lang, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Lang None Councilmembers Duke, Jenkins r L COUNCIL COMMENTS: Councilmember Lang stated she was pleased that the PDD-TH6 zoning question was on the agenda , for Monday's special meeting. Councilmember Lang asked the status of the Scout House and if staff had made progress to extend the lease with HISD. City Manager Mi ke Tanner reported he felt the need to concentrate on other items at this time but would pursue the extension at the first available time., Councilmember Kelly offered that perhaps next weekend would be a good time to meet with Robert Kendrick on the Scout House design. However, it would probably take Mr. Kendrick 3 weeks to develop the plans. Councilmember Lang asked if the vehicle had been transferred to Sen i or Serv ices as they reques ted. Mr. Tanner reported the car had been transferred. Councilmember Lang asked if residents would be allowed to use PVC pipe for water distribution lines. Mr. Tanner responded affirmatively if Council approves the ordinance. The ordinance was being prepared. l 14 Regular City Council Meeting, S~ptember 23, 1991 139 Councilmember Lang asked about the outstanding building vi 0 1 at ions. Mayor Johnson reported he had not be able to meet with the builders. Councilmember Lang suggested City Council look again at "red tagging" the builders if necessary. Councilmember Kelly asked that construction plans for the parks be put on the agenda for the next meeting scheduled for September 30, 1991. Councilmember Kelly stated he would like word to go out to the employees that City Council had a lot a confidence in the employees now and would 1 ike to work together as a team. This City Council does not want the city to be City Council driven but staff driven. Councilmember Kelly suggested the City Council and Mayor have the responsibility to ask questions and take certain action. Employees need to watch City Council through the budget process. He wou 1 d 1 ike to rega i n the confi dence of the city employees. Mayor Johnson suggested that the next issue of the "City Currents" would help the people understand the things City Council has done. STAFF REPORT: l J City Manager Mi ke Tanner stated he was sad to see the Ci ty Secretary leave the city. He appreciated her professionally and personally. ADJOURNMENT: With no further business to come before City Council at this time, moti on was made by Counci lmember Lang, seconded by Counci lmember Kelly, that the regular session adjourn. Such motion carried and the meeting was adjourned at 9:12 p~m. k>Utt ~~ Whitt F. Joh Mayor Audrey Nichols City Secretary J 15 140 L I ~o ~ T' I 1: :r ~ 14' , l , ~. SPEC IAL,:C ITYCOUNC I LMEETI NGi .' SEPTEMBER' 30, 1991 (" ", MUNICIPAL BUILDING 3800, ,UNIVERSHY ,BLVD. 'j " 7:30,P ~M. ", *************~~~**~*****~~***~***~****~* " City Council cOnvened in spectaJ:"sessicin ,.in the Municipal Bui,lding, 3800 University Boulev.ard;,< in th'e 'Clity' :of WestUni v,e,rsi ty;Pl ace, on Monday, September 30, 1991;'with;the :following members present: Mayor J'ohnson, presiding; :Councilmembe:rs Ke~lly 'and ,Duke.' ,Counci lmembers Jenkins and Lang wer~ 'ab'sent.'~; Ms'o pres'ent'Lwere .the City Manager, City Secretary, City Attorney; a'nct::the,,'Directorof Finance.:and Adniini stration. ,,:' , .' :3'1 .' 1; HEARING OF RESIDENTS: ' ,\!' . : 1" : !: Mayor Johnson invited res,iden't.sto speak who ,had. matters they wished to bring to the attention of the City rCouncil which had not previously been ;,subinitted to 'the CHy,Manageri.:- Kyle Penteco'st; 26'06' CenteriaY::y;' ca,ll ed' ,atteriti on to the September 30~ 1991,lelte'r,oh'e'submitted:to 'Counci-l in reference to the 'S'eptember 16,' 1991, City Co'uncil Wo:rkshop "in whi,ch" the Counci 1 had an agenda item which included q~ite a' few numbered .items on a particular list that the citizens did not receive any notification 'Of,. 'Mr.! Pen.t'e'cos~t reP.oTted, !Ie: wrote ltie, Tetter today.,toinform theCityCQ~ncil that he tho,ug'ht'that to be in vi o l:a,thmof the Open Meetings Act. He requested-a' copy of that 1 ist in the letter and he anti cipated the ,: Ci ty.C'olfnc:i 1 prov:tdi.ng .him wi th that 1 i st. Mr. Pentecost wanted to go on record as saying that he was a supporter of this Couricil in their electi'on and h,ave since become quite disenchanted with some of the things that have been going on. He was Qoncernedover. tile, TOSS,iOf cUY,istaft and ,the indications from, those ;'lO'sses are therema,y,.ibe:more. Replacing personnel ,was very' costly.>Mr} Peritecosbca:Uediattenti on to an arti cle,Ji n ,The lHouston .'6hrorii de,. :This Week'..,Sectidn;, referrtng to theilsame ls:i'tuatioil.:in.theCi:ty of Belllaiire. ,'Bellatre','s , concl usii'on iwas.;:\they oan ,noh:repl ace 'thefr.;stafif,fdr' what they';were payi n~ befare.~ ,: ": ',: '; ,,:. ., ., Mr. Pentecost stated he hoped Ci ty Counci Funder:stood that he' thought the city had a very good staff and would hate to see the city lose them'over:irumer fuill or.: any thing, like that.;,Mr. ,Pentecost 'state'd"ihe hoped City:. Council ~wouldmake',a, P4b1lic statement that:- it;)suPPQrts;' thiS: staff.: 'MY".'i Pentecost recalled Councilmember Kelly's statement at the last,coul')ci,l meeting that the Council does support the staff and he hoped staff understood thatJ' Mr.. Pent'ecQ,st 'thought he, was s'eein'g':some: erosion, in city staff and would like to address that. He feels like. thjs city is a good city. He has enjoyed living here for 12 years and enjoyed the police, f:.:H'e. and c1tliercity"serVices. He was concerned that the city services would 'dec..;l:i'ne_.T ':' . "'(';~ )~i::~~ ~.l 142 Mayor Johnson thanked 'Mr:.;Pentecos.t for his remarks and "- acknowledged receipt o.fMr.;'Pehtecost's letter. The letter was referred,to'''the C'ity 'Atto'rney.'It was"7Council's intent to provide him the information requested. Peggie Pentecost,: 2606 ;CentenarY~,: :'expressed her thoughts 'that' now' the c.i;ty:was~embarking :Qn :the budget, the the 'city 'will ke'~p in mind that~ 'even~ ;:f'<we,d~o mii:keia'vbudge.t, alidwedo end .uplosing some of .tne c.tty",s ,important sta11f:.?"tt.hat we can look at ,spendfng money ov'e:r :the budget 'to 'rehtre., and, retrain these people. . Her, biggest inter..es't was that city,s~er,vi:ces stay.the way they are. The influx into the city, of people making the lArgest investment of their lives into the homes in West University indicates the people are moving here because they like the' quality of services. She did not think the citizens had problems with the taxes they 'pay to the,city'~' Even though;,t,hey do;'not .want to see a substaritiaJ':inc:neasein taxes,,' but they do not want to lose the quality of the::,existingservices is 'imper;,ative. . Mrs. Pentecost. complimented City,Council .onthe! changes'\they had made to "save: the .'city ~money whii chshe app,reci ated, but she hoped Council ,would understand the. citizens' looked"to quality' of serv,ices' before sav'ings on taxes. ,i"i ' ,. ;, t , . ~.;, _ " , i,' , CONSIDERATION :.'ONCALLING, PUBU,C HEARING, FOR AMEN~MENT OF THE ,ZONING ORDINANCE AS RECOMMENDED BY/fHE.ZONING ,AND PLANNING COMMISSION: Mayor Johns:on ,presented Ordi ~ance ,:140'7 a,no read the ca'pti on, as fo 11 ows : .1. . ORDINANCE: NUMBER 1407" I" , " AN ORDINANCE CALLING AJOINTPUBLrC HEARING ,BEFORE THE ZONING & PLANNING:COMMISSION AND THECITY,CQUNCIL O~ THE CITY OF WES1~UNIVERSITY PLACE, TEXAS, WHICH HEARING SHALL RELATE TO A PROPOSAL TO AMEND ZONING QRDI,NANGEPRQVISIONS , APPLICABLE:WITHIN THE.RUSKIN TOWNHOUS~PLANNED,DEVELOPMENT DISTRICT ("PDD-TH6.'DISTRICT");:PRESERIBING AND APPROVING. THE TYPE OF NOTICE TO BE GIVEN AND THE FORM OF NOTICE; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING'AN EMERGENCY~ '.... . ,Copies of Ordin&nce' Number 1407, ,in, the,form .requiredfor 'adoption,were availab,leto'c:aLl members 'of City CQuncil and a reasonable number ofadditibnal.cop..;esavailiible to interested citizens present., . "IL" . .! I r:. ' The ordinance prescribed the form of the.Notice to include the following: . ~I U City Council Special Session Septembei"30, 1991..' 143 l ----' NOTICE OF PUBLIC HEARING -.f. 'I ; ...... Notice is hereby given that a joint public hearing will be held before the Zoning & Planning Commission and the City <COuncil :of the City of West University Place, Texas (the "City") in the Council Chambers, Municipal Building, 3800 University Bou.levard,Houston, Texas 77005, beginning at 7:30 o'clock PM on Monday, October 21, 1991. The hearing may be adjourned or r-e1cessed fromt,ime to :tinie and from place to place. ! I i The purpose of such 'hearing 'is to. prov.ide an opportunity for parties in interest and citi~ens to be heard in relatio~ltoLa proposal to amend zoning ordiance provisionsa~pl.icable :within,the'Ruskin Townhouse Pl anned Development ,D;istrict 'p.POD- TH6 Di stri ct" )" whi ch district 1 ies along the's:outh side ,of Rl,Jskin Street b'etween' Weslayan and Academy Str~ets. : According. to.,the' prdposa'l,! ,Pa ra'gr~ph ,II (d) II of Schedule PDD-TH6 (applicable to the ~DD-TH6 District) of the City's zoning ordinanceL~Ordinance;N():'t298, adopted October 12, 1987, as heretofore amended)-woul d be amended by'chan'gi'ng, the third ,word of the text from "shall" to Umay."; As, 'so 'amended, such, Paragr.aph would read in its entirety as follows;:.;"'td) Additional Use.,' The: ZBA m issue a special exception for the. use of a buildin'g site for parking of motor vehicles in connection with' nearby c'ommercial. activi,ties 'upon :approval by the ZBA of the 'types of 'vehi'cl es>to; be parked, the des i gno.f the parking faciliites (including'landscaping~:p~iing~!'lighting, signs, etc.) and curb cuts, a 11 of; whi ch.may be ;i ncllided ';as condi ttons to the special exception." ' 'w Add i ti ona 1 i nforma t i'on on the p'roposed amendment and the zon i ng ordinance may be obtained at the Municipal Buildi!rig, 3800 University Boulevard, Houston, Texas 77005'. i " Signed and iSsued this;~ day; :?f Is/" . ,; 1', ,,' ;19~1. , ' " City ,Secretary Mayor '. Johnson read Ruskin', as follows: ; a written statement from 'Judy Offman, 4003 .. ",I' . , To the CityColmci 1 , ;''' , " '.' 'J II September 30 , 1991: ~'l . ~ . l ," h.. ~ of .We,st' Un';:Yer,sity; Jnace: . ',' ''".: ~ l' ' , Since lam unavailable to attend. this me~tlng".I am 'writing to' inform 1'0U of,;my positionconcerni,ng the parking lot o'nRuskirf:;.ssue. " i' , .1" . :1. ~1 I ) " ;...,; d " . . ~ , !'I reside in "the' :only":re,si"dencei rema:i~:ingon~the4000 'block of Ruskin, ,the"h'o'IJs:e--; next:to the said par-king lot. I feel that the. parldng jTot ,idea needs ':be' removed from our , ,. city laws. This",::>is'!! resi!dential' 'a:rea in; West Un,ive'r,sity Place. W.U."does haver:z:ondng', don't:we,-f - - .sothat a parking 1 at for! the, Bell irite Theatre does not appear,:next door to you. ~'( Ci ty Cbunc il Speci a 1 ,S~ss i~on' Septenib~r:, 30, '1.991 . r ~~! t' r I am totally against the parking lot,-"-',it is not " what our city needs or wants. " d: :,; , , ' " ", j ,,;J ' '" ' ,Sinc'ere:1YI, ':""'j ': .,'.,,; . ,i, ~ ~ r . ., JI",,' . l.: , " '1;1 .,\.j '..~ ~ < , I ';./ s/Judy ,Offmii"m " ,'f i ,f , ; , ! . - ".J: J..), i .. . 1,'1 ,_ J ..' j .> ." ,} ~ , Mayor' Johnson 3;.riV'i ted comments from ::the: aud i ence. Mr. H. R. Singleton, representing Intercity Investment Properites, the ,owner Of the, Bell ai re Shop,ping' ,and.. of the three lots that are the subject. of ;the"i'a-pplicationt for:a special,. exception, to grant ,the' butlding' "ofa,~,p,arkipg ,lot~. The ordjnMce, that' is in issue ,; ,today;spetifically~;pro/vi:des. tHat -the 'appl.ication:shaH, be granted " subject', ,to >the :zoning': boar:d's :la'pprov,a.l of, the qesignof the ""parki.ng"lot,':curb cu:ts;,; those, t,yp,es,":of things.," , , ,.," , .I':' " . , , .The~ ordinance:; that;'):'is;p,resentlyat', diSSu.e and Council is ,;cons i:dering, amenaing ~;was adapted ,i'n' 1:987.,', There was very long : :proceQur:e tha t~ ',was :fd-ll owed: before . that ordi nance adopteQ. The ,amendJlientf that"you are 'now cO:nsi''der,ing' changing the ordi'nance to : was actually, c:onsider'e:d; by the Zon;.ng Commissi:en' and City:Council "in' ~987'.,'" The -word ,1I'mayll, wa'saetUally in 2, or 3,' of-the ,first proposals of ,t.ha't",ordinance,'be-nore it.:u,ltimately changed to the word lIsha 1]11., :. Th~re',w'as ':a':reason; ,behind~: w,hy 'the word II maY ,II was changed, to'. IIsM nil.. ;in ,:the ;ford~:nancethat ,wqsultimately, passed. That reason was that prior to 1987 the 'ordinance ,that was in existence provided that lots 7, 8, 9 and 10 in the Ruskin division , , ,may' be', used..i'as: ' ai: :p:ark.ing;)l ot ,for:' tbe ,parking of' passenger . vehicles ~ : ,!ThaF ,was~,i n ~ 'ex; stenceat ' thee :time; befor~ the,zoning ordinance that is in effect nOW w~s"passed.. My client was the owner of two of those lots at that time. Prior to that ordinance be 'pa~sed, we were con.ee,nned and. 'we appeared and., attended the workshops' tha{'-red'- ultimately 'to the granting of the 1987 ordi,nance. 1 We were very concert1~_d. about the changes that were being considered an'd specifiCally the word IImayll as was in some of "the drafts :of 'theorJginal ordinance., Our concern stemmed from the fact that prior to the adoption of the 1987 ordinance,;we had the right to build parking lots on those 2 lots that we owned at that time; In ,attending these meetings that the different commissions had and the workshops we discussed this with a number of the commi ssidrH:!r$' includtng"Mr. 'Rei q,Wi 1 son,. I wrote a letter to Mr. Wi 1 son in the summer of 1987 express i ng the concern of Intercity:' concerning, '. thewor,d : .,II.may,1I as' it,. existed in the , : proposed ~mendments to . the qrdtnance. '" My [concern: ag;a}i n stemmed from the fact that we had a present right:: to :builc! the parking lot, that the word IImay" would make it permissive instead of . mandatory 'arid: we;~.would;lose"la '"ri:ght; 1that; we, ,had. . Therefore, when the statute; }was ultimatelYl a:d.O,pted:,ti . I believe, in. September or October '.o,L;1987, it ,Was ,;'aClopted', with the wore! "shall". : Effectively what. that' ..did 'was; to . carry: forward a, right that Intercity' Investment: .p',roper,ties previo.os,ly h~9. in that property. ;. : Now s'ince,tha,tsta.tuite indudi.ng thewor,d "shall" was passed my client has spent approximately a quarter of million 144 (' I L ..- I I I I I L I l " , (, 1 City Council Special Sessiorf. Se'ptembe'~: 30, 1991 . < " 14n, l I I dollars on that shopping :center',of.which over, $100,000 has been directed -exclus',ively toward :removin'g 'the houses that weYle on those . lots, buying another lot, :a,nd 'pr~paring' tho~e three properties so that we could have a parking lot: back"behind ~the shopping center that would alleviate some of the parking problem that the Bellaire Shopping Center presentlYl, has. ,.,' When we made an application originally for a special exception in August, at that time we met with the' 'resistance ,tha'twe are now meeting. We refiled and we had a hearing earlier this month, about September 16th, in an application for the special exception. That hearing was adjourned to be~ reopened,,: I bel ieve, on October 16. Now I am concerned about,the;',fact that,we are now faced with' a recommendation from the Zoning and Planning Commission,',whichrily client has yet'to' see what the, recommendation is and an ordinance,nowi being,:' at least, for discussion today, that sets up a time schedule for amending a statute that was amended 3 years ago to give a mandatory right to have' a . par'king_' lot and to now change it back to a proposal that was rejected by the Z&P and City'Council in 1987, and' was;'; changed to'reaCl the word "shall" tnstead'of "may". : , . -----. Mayor Johnson, from looking at your letter of September 26th, it almost appears 'this'amendtiJ'ent 'is a foregone conclusion.' I see a letter, to Mr. Geor-ge' Ruhlen where we have outlined a schedule that dates through October where it literally looks like City Council "is'going to' have, an :'emergency meeting: and, approve a first reading':'of~- an ordinanceihchange. Now, Intercity Investment Properties, although not a resident and therefore not standing here:ta1ikingabbut'how> important it is to maintain, West ,University as aresidentia-l district, they are a substantial property owner in this city. They .are: a' . taxpayer. They have rights as well. There are some standards in the municipal regulatory authority that this 'CouncHand,-:,the 'Commission 'are,' guided ,by. Some standards of goo'd"faith.' We would ask that City Council exercise and act, in good faithat:,this, point and recognize. that what you a re, noW: be i ng as ked to ;do is to change bac k a ri ght that my c 1 i ent has had for over 8 y~ars a~d has relied on and acted on. -----. >. '\ ~- Counc,ilmember ,,~Kelly asked" Mr. Singleton the following questions': You currently: have a permit pending with the Mr. Singleton responded they have an application for a special . exception. ::.pending ,~wHh :the: 'Z6ni'rig 'Board :.of:: Adjustment. "Counc 'f:l member 1 .Kellyasked;;;f 'his intent. \'{as' to :once that is approved that hi s cl ient would go abead and 'lP9- Yc5urp~rking lot? Mr. Singleton responded that was their intent. Councilmember Kelly asked if it was his opinion that by ame:ndi.ng<the current ordinance that it would preclude you from proceeding on with your permit? Mr. Singleton responded that in' his, opinion'\based upon the resistance that he had seen so far, yes. Legatly~ it may not because the ordinance would still give the Board the right to grant the speCial exception, but it would> not make:.it obligatory. Counci lmember Kelly" -asked :i f by having ;-ra' current pendi ng appl ication for permit that in effect you WQul d be grandfathered .,' r ~' ~ City Council Special Sessi,orf; September:' 30, 1991 , 14'6 by the change in;.the'ord:inance? . Mr.:Singleton; responded that he believed that cerJfa"inlywas what ,we thirikthe law is,. but he did . not' want to get to the',point,where, I' have to take that down to the courthouse and!'argu~ that ." ~ ~~ ' '- . ~ '. ! ~!" < , Mayor Johnson read the 1 etter reference by Mr. S,i ngl eton, as follows: - , ," -. t l,~ ;- IISeptember.;.2'6',: 1991 M~. Geo~ge Ruhlenl . ''4035 ,Vi"l lanovci dHoustbn:, Texas 77005, Subject:. Preliminary':recommendation toaJqend the Zo.ning : Ordinance (P.p.D.-T.H~6) . .'t,. . Dear" Georg~: l' j )", "'The CHy Counc il is concerned with the' p 1 ;i g-ht ofRus ki n ; r'es i dents and will formally consider the amendment ,of the Zoning Ordinance. The following schedule will be followed: September 30 , ~991, . . City Council enacts-ordinance , and ' call s publ ic hearing.' ,- . October 11,' 1991 Zoning and, Planning Commission ,0'; prepares formal recommendation. L . .'. (t :October 21, ;1991 City' Counci L conducts publ ic hearitt.g:;with, Zoning ,and Planning Commission. . .," ;i, i' October 28, 1991 November 11, 1991 ',City,Council approves first , :readtng .of: 'ordi nance' (If an ',< eme,tgencyisdeclared, only oneneading will berequired).: City Council approves second reading of ordinance (If an emergency is not declared)~ . ." Mike Tanner 'and his Staff will ensure all requirements are met during the process. Your Ume;andassistance in this mQ.tter are greatly appreciated., Sincerely, . ~.. , is/Whitt F." Johnson: .' Mayor :> .: ;, '.I i" xc: City Council ":;"'1,' . 'Zoni:ng and Planntng Commissionll I I I "- i ~ I City Council Special Session September: 30, 1991 " ",,' 147 Mayor Johnson advi sed tha't Ci tY'.Cout.1ctl ':di d :not' knowwh,at the recommendation would:ibe...,. T.he recomnie'ndation;'would beldeveloped after the public hearing. The City Coun;cil would act 'upon the findings of the Zoning & Planning Commission (Z&P). ' " J,':t, '- ,': I '<:!:' i i ! Mr~ Sal Manzo, 4036 iRuskin~;' stated he'"would"liketo,.comment on what Mr. Singleton addressed about the right of Inter.clty Investments Properties to build the parking lot. Mr. Manzo be 1 ieved Mr. Singleton 'waS1..referring to Ordinance' No.~ 1039, dated the 26th of'May;"1975, and ,that ordinance' reads: lots 7, 8, 9 and 10 (lots 7, 8 and 9 are the ones urtderc<cdnsiderati on) may be used as a parking lot for the parking of passenger vehicles. It does not say that 'it w,ill ,be' used. Ther:e 'are a.number of homeowners here this: evenin'g that.ar~ in supp.6rt' of'the adoption of Ordi n'ance' No; ;;1407' "a:nd i;i n,:con'si deration ,of: sav,i'ng "time on the part of Coun<iil; Mr. :Manzoasked those' supporting the ordinance to ra i se thei r hands .,[1 even :peop l'e ::rad sed the:i'r' hands~~" The homeowners were also represented by their attorney, David A 11 ums, who wo,ul d .s:pea:k-l a,te,~. ""The .ihorileowneYis: endorsed ;the ordinance ,as Ci ty"Counci.l had written tit; but, Mr. Manzo .had a question ,for theCityCounc:il,;,;His :understandtng; (he attended the "September 12 'meeting of the Zonin'g'and P.lanning Commission) was that there were' 2':parts,to:;the,i!reconimendatton ';pa,ssed bYiithe Z&P ,and thi s Ord;.na'nce ..No..' 1407 ,only';addressed ,:the..ffrst :par't of the retommeridatio~. ,The:secondpar.t. referred, toa 'moti'on. by, Susan Rach 1 an that theZi&P 'wou ld make a ,YJecommendati on,:to, change the word l~shaHII:,to+llmayll oYlno.,delete' paragraph (d) "altogether. Mr. 'Mai12:o'noticed,that the; latter :part had,been"Qmitted from' Ordinance No. 1407..' :He :qlie~tioned.why ~ ' : , ,';. '!,,' . ~ i , ,Mayor Johnson responded that cHy-Council thought the Z&P would make a:recommenClation from the information received at the public hearing,Jand' shouild:'say.whether. 'or: not.they:'<thought: thei!City Countilshould'amend:it~.:It:is incumbent onthe,l&P to ,make a recommendation' toCit,f Counci 1.' . . , . . -, . ~,~ f t , :., ' ,,;' " . ; ~", : Mr. . Manzo: asked i f'>the 'i ssueq to de 1 et~'paragraph Cd)), w~s sti 11 a poss i bi 1 ity to be cohsi dered~ by, the City; Counc.iJ '.; Mayor Johnson responded affi rmat~ ve,ly. "'f. :~ ,i, h.. t>i~J 1 j'i; ,_ Mayor Johnson asked the City Att.orney.:if,h,e:saw it differently thanwhat:was' juslt'sa,id.>:TheCity:Atto,rney: :advised he, did not " thiri:k the City Colincil.'waul d.' be:' p1rohi bi:te:d: froin,),consider:ing an additiona 1. 'amendme'nt 'and 'a~ dlffereht,amendment.. :' The ~..' recommenda:t ion' from, the, Z&P . was i ncorils is ten:t w..; th" ,the 'ordi nance 'ca,lling the pub:lic heari.ng.ii,:Z&P.!screc,emmendat~i'on",was to. consi der both' Hems. ,The:Cj:ty AttOtr:leyci dio not.' thi nk there was 'anything to prohibit: the::~,i.ty;:.CounciJ ferm! tons,jder.ing.one or both. ,'Calling 'the 'public., hea.~i.ng" with,' this'r pa'nti.c:ular ordinance 'would limit thedeci s:i(oht{i)',~th,e"one" -;'tem.~ ~ .If ,Ctty:Coun.c.i 1 wanted \ to' go: back to.;the other'<rec.ommendatiot.1.:to'deletej'Para'graph (d), it .would have to', can'anothe~:'publi',chearing. ;"' ,,;-, J-....: :~ l' ~~ : J, ~ .,~.. r.~;i l.' ..." t t ,~ \. City Council Special ISessi,cin. September 30,: ,>1991 ; _' ", \':" 148 1''' , , ; Mr..:' :Manzo rem;; rided 'Ci.,tYLCounciJl ~tha't the homeowners, had , recommended" the; :dele;~Jon of (dOl and, they were ,sti 11 'i nterested in hay,i rlg1 tha~j ,:accomp:lliShed')'\ j 1T ., i" . :1, I f I.' "I . . ~ 1 ; ~;- r ( f lJ ~~ . ; I ' . . Craig Joyce, 4107 Ruskin, stated he only wanted to 'speak long enough to say that he assumed city Council would want to hear full argumentsori ithes,ema'tte,y.:s ,at ~he "pub~l ic; heqr:i"n,g"on October 21, 199L:; " "r:;, : ,';, "'; '"; b~I;!2"~" ; " .,' ,',", ", ~ . ',) f ',::; " '), ", i , Councilmember.l i'Ke,l.ly, ,as;ked:'Mr.;'l~fJoy.c\e ,;.the .'di,,d ,not' speak at the last council meeting.; Mr.",Joyc'efespplided that he did ;speak at the: la's t> me'eti ng.:' , ,< - CI" ", " , '. .' i ,,~ ).: ,. \) -...': j ./ : . ~ " -;', . '..- :. ..- i , 'I Counc i 1 member:Kelty aSlke'd: Mrt'Jdyce d f 'during that ~meet i ng he 'rais'ed 'the"i's!sue: o-r questie,ri ~h:athej was, of the opinion that if , the statute was 'changed ,bYi')tQ~e;rpro,<i:;ess!j;Qutl,i.ned.in the lietter read , by!the"Mayor;'th.a:t would not:a,ffect the development going on if that:':pe'nding'appHcation, Jhad !~a,lready .b,een, made. ~ L ~. "j " ~ e " ::'r. '-, _, i,', ',~ ;. ..' >:~_~.::_r: ~ :'~ f ': ,'" ~~, . _<c./ ,Mr.,' Joyce expl)ai.ned'~whatThe ,s:aitd rwas, the .applica'nt had ita'ken that " pos'i.tion,and';i:f you a'slsume,ithat to'be\;true~:las':;they contend, they have tne,'benefit'lof'the fordiriance:}a.,s,:it ',stands, today fqr purposes ofZonjng Board of Adjustment (.lBA) Appl ication No.' 91-H~. If ,they, a,recorreetiionthat:and:';.n,the'\;!nt,er.im there', is g.,change in the'statute:'andfor any';reason\ZBA docket:91-:-18'(for example, 1 ,prdcedura l;ly, the :fi rst'\tjme:on '(No~:~,91~:l8, Ilntercity .Investments di:d':not meet ,certain ,s'urveytng, nequirements) anQ if there was rejection :of 91~,18, :wQatever:'statute' was:"then 'errfQr-ced, ,under their own logic,:woilld apply.i::!,:This :i:s wh.Y~the residents urge city Counci 1 to go ahead' wHh",thepub li c lhear.:tng J)C)W " Mr. Jqyce further explained that Intercity Investments' application was not rejected. ;.' Interci ty'Im~estments' ,have: an -.jinterpretatton of the relevant'jstatute"'and. iLj,t s.ays what ;th~y ,SQ,y,it says, that it waul d' not"affect them and ,they~woul dbe"gr,andfathered. If the , . ordinance-nieans what ,they say~ it says;~theyal'!e'cert~inly entitled to go forward with the benefit:lof';the:ordinanceincll:.lding paragraph (d) as it now reads. But the matter of what paragraph , (D) now means se~med: to ,Mr ~ ,: Joyce; tOil be '" a Z!3A, probl em. .) f the r:-esidents.:get\a 'chance.' to,:jta'lk"to,IBA about that;:th~y( would. '-- , ,. David Allums, representing the restdents on Ruskin Street, stated he 'would :ra,ther,'save;',thermajo.r part. of ,the .argument for the hea'ri ng on'I the 21st: 'i';\HoweveJi',,;' he.,thought'! i t very, ,iwpor,tant that ': Cit;y' Council1- focus. ohwh~t,i s:~, bei,ng r.E:!ql)e~ted.,' The curr.ent use of lots ],;:'8 and;.; 9 >as":desigrna'ted,} by !th.e ;?:,o,ni'ngr.,ordinance:';'~,for t'Ownh0use. use:~I,the: Rus'kih Townho,use".DiYJsjon, PDD-TH6.,,; That is the primary~ u'se':tha't is'_, desjgna,teddor that property aS"it is for lot 1:0 .:.'. Whati S" being' cons';dered'ii s whether, or. not ~ . permitted use. will~ be ,allowed om:ajitCi>wnhb..t1se' site) use~, i.e., "the' parking 10t~',T'In; order,:tbfgetito,tha.t',point",where I,:d;iffer :From Mr. . Singleton;':sihterpretati'on, th.at the owner,of those 3 lots have a'rJght. to:' a' parki",g~:lbt.'Yol!r,:have to app~y for a special exception. In the:' zoning ordinance there>is, a whole section related to what would be considered by the ZBA prior to granting -~ I City Council Special Session September 30, 1991 ' 149 l I a special 'exception. Whaot ,we are asking ~by the' change from IIshallll to IImayll(ifyoui'lookat'the,'ordinance"lIshalV' is a mandatory word rather than a permissive word) we want the process , " r '. .'. to go through; the ZBAto Il)e' c.ons 1 dered on 1 ts..men ts. We are not trying to disenfranch,ise Interc:ity'from that 'opportunity. We want the'ni to comply and we want them to' have,,"the opportuni ty to go before the ZBA, if they meet all the criteria in ZBA's opinion, then grant ,them the right to do thi;s,., But if they fail to meet thettiteri~ inth~'zoning ordinance~ then the ZBA has not choice but to deny the application. That is the purpose of why we are here. Otherwise, why do you have a ZBA if they are just a rubber stamp on 'someithhtg' "~hi s h~sa'l ready been preordained. W~ also'hav~ a probl~m whether or not the Section (d) of PDD-TH6 (I thfnk it has a lot af'problems'that could bear a court challenge a'nd proba.bly a very.. ,strong argument within the spot zon'ing area or,'the- c'ontractl ioning a,rea'botli 'of which are not permitted under 'state' law). "So:, ,therefore, we urge City Council to go forwa rd ~ adopt Ord in'ance ";1407 'and let usha ve ;'the . opportunity to appear beforeyou,and I think once ,we do that, we will convince you, like were were able to convince the Z&P, that this is 'a veryobstinatepo'inL I think it would oe.'tot he city's best interesttocansfde~:niodification Dt the RDD~TH6 Section ( d). ' ' ':. ",' " ,', ' II :'r ~ I ] ---.J Counc;ilmember Kelly asked Mr. Allums!when he;said that if city Council adopts thi sordi nan'ce,,'make'these changes eventually, if the Intercity Investment Propertie~:;: goes back.:.to..the' ZBA, and if they meet the condition, they should be given the right to build a parking lot~wheat:the"the 'conditions to.whi ch 'ybu are referring. ' Mr. Allums explained the conditions ,are outlined ,in the zoning 6rdinance in .the'~specialexception~" section of that otdinance. The conditions.~r~'~~~s~ribed fo~;what:must'De met~and what must be ~Qmplied wit~ for a special exceptio~ to be granted. Counc-l lmember' Ken/asked' if he was': referring to conditions other than~~he conditions speciri~d in the PDD-TH6 section. Mr. Allums stated' he; was referri ng to Section 11. 02 on page 1785 of the zoning ordinance. Section 11.02 stated'the 'ZBA may not affect or modify by special exception unless all the following ci rcumstances . are present: . (1) j The; ZBA', has determi hed', ,that the proposed spec,ial, exception will';not"cause.'any significant increase in on-street par.king,will nO't :cause:'any substa'ntial. t.raffic congestion, will'not"cause any.:,subs,::tantial' increase, in,traffic or an unreasona'b 1 e.. burden, on""util ity....systems' erupon, btherpub 1 i c faci 1 it'ies or serv,ices;; (2) thtl'tyth'e; ZBA, has),dete;rmined that the proposed spe'cia'l excepti,O'n. will ben';'harmony with the ,general ,purpose and 'intent' of' 'this': ordinance.. :,;" " There are' severa 1 sets 'o.f~ 'Y'equi rements .', Th'e,re .are. req.ui rements (3), (4) and (5). ,The 'coridftions 'o;f},the' sp.e~cJj'a.l exc:eption is determined once the speci'a l"exception! :i s:'granteCf. ,Our p.oint is ---., I I i I I .' '(~ ~. City Council Special Session: Septemb~r 30, ,1991 '.', 150 that they} must go 'back'and.cQn~i,d~r whether a s,pecialexception s:ho'uld be' gr.anted', 'lthenj,you put the condi ti 01')5' on how 1 tis done. " '.t.,; v':.'. ,. COi..mc.ilmember.>Kellyasked'Mr.- A,l11ums jf he waspf the op;.nion the townhouse" or'the"shoPP'ing ~:center 'peopl;e, have i:n effect made app'l,icatiion'lfor .permitting fQ'r: a, ~pecial exception.' ," ~': ..... " t ~,. ..! '- I: , CounciHnember ,Kelly: asked. 'if ,;!;nitercity,Investment,i s. of .the opinion that they,a'lreadY have, a sp'ecia'l exception, under the wording"'inthe'.zening"ordinanc:easit,exists, now with the word IIshallu andunder'it:ha.,t<,ordincfncet;hey have,applied or, made applicatfdnJor',a p-ermit; under ,that :exi;sting ordinance, was it Mr. AHums. opinion.that ,they ,have .made an,appl,ication under the existingordinance~, whether :tt '.lias,beenapproved or not, have they made appHcation,under.,the existing ordinance. . ' . . , < , Mr. Anums;asked H:Mr. :Kelly"was asking if they have an applicc1'tton for Ii :perliJit,to:buHd the,:pa,rking'lot.If SQ, his opinion was no. He did not think they had made application for a permit. Intercity Investments cannot make an application for permit. lInhiS opinion"ence,they have, the':right, to ~o it (get the special eXgeption),thenthey.would have to make appJication for a permit :to"accomplish it.., .,;;,,; , Courici lmember Duke commented 'that. assum1r;1g, for argument sake, the ordinance is not changed, does Mr. Allums see aQy.obstacles legally, under the existing ordinance, to the investment group or . what'conditioris::do .you see standing: between them and"the granting of thesp~cial~exception'proyided:the.ordinance is not changed, given ,that the"ordinance'l;s woroe~ t'stiaH.~. '-- Mr. Allums responded that if the'ZBA consid~rs "shall" as an . obligatory word",and'grants the. special exc~ptiQn, t~~n he thought L at that, point the, IntercHy Group :wouJdcome ,?nd',ask for a permit to build the parking lot. However, until the special exception is. granted, they have'not 'right to a permit to build a parking lot~ ' f " €ouncilmembe'r Duke'asked,' if given that, th~ ordinance section you read to us . on. granting v,ar:iances, and the conditions that must be , . met' in order for a variance to be properly gra~,ted and g'iven that the' exi sting ordinance:, nequires or permits: the, ZBA to grant the exception subjeet,to whatever~ reasonable conditions that they should include, are we: really talking aboutanythin9 different in substance. Cou 1 d" under the ex'is;ti ng ordi na,nce, theZBA grant the exception subject ~o all th~,sameconditions you just read? 'Mr~ Allums replied. no. The reaS'Qn was,t;hat if you look 'at Section 2:"mO~theLword ,lIshall~1 ts manda,tory and not directive. To him, that says :they have' nO' o,ption if you consi'der IIshall II in I I '- D D n I I "f ~. City Council Special Ses!Sion September 30,~ 19:91 (' --.' '1 i 151 the ,ordinance. Therefore,) jf lthey' have no option, then. they cannot ,go back to, Section 1l.102Land ~imppse th~',find:ings as long as IIshallll remainsn paragr.-aph (d).,: ; ,; 'I ',~' -. )1 , I Counci,lmember Duke pointe.d;,(wt tha'"t :para'graph (cl) also, 'says that upon approval by the: ZBA of .the type's of vehi~les to be parked, the design of the parking. facilities ,includin9;landscaping, paving, lighting and curb cuts, ,all ofwMch,~maybe included .as conditions to the special exception. '- ;..1.....; :. I '..:"1.._ Mr. Allums'responded IItr.ue,I'..! B(Jt'twhat \it te:ta'l,]y obl it~rates and wou 1 d not be cons i dered'~:i s whether., o,r, 'noltJ' lthi s use increases traffi c, ,i ncreases ,traffic. congestion ,an:d"more imp,ortantly, the one major'factor that iwtll beconsi:dered.by,th~ ZBA is whether this exception _will: ,be Jnhar:monYi with the g,ene.ral 'purpose and intent of the ordina,nc,e., Now, 'iffithe 'ZBA is not q 11 owed ,to consider that, then it becomes known what their response will be. It is our point that if you look through the city's entire ordinance, that is ,the:on'ly IIsball:llthat')related';"t,o sOIlJ~thing that someone el se must do." If'y.ouput lI:shal1iu tn, why.,wQul d you have , .the ZBA? Thec:,ciity:'co,uld say.~the ZB.A,lIs:haHII,do thi$ ,and IIsha 1111 do that ~ ,,:1jhe ':citY'lna.y 'run ;'i'ntQ la :prob 1 elJ!~' What is ZBA says ,we want to"imposealLthe:se,requi:renients.: ~ The. ,only condirf;ionsyou.can:impose::-are.i:n PDD..:TH,6. :;1 think-wha,t needs to :be done. to !make .tfie ord;-nance:c0nsi'st~nt.is.;to :go ba<:k (and obviously the Z&P felt tbis,way) and consider whether,Us.hallll should be in there. We want Intercity to have their opportunity to make :anun at>it~ i ,We,,\'Ia,nt to"comply wi;th;the, terms ,of the ordirianceand i:fthey :can,conv,i;noe the'ZBA that:all ',the' conditions are met jand thenntfthey do that:!the ZBA can come back and impose the use' condi t~ ons. ' Counci Imember:' KellY'C~~me~~~d..that;:if,:the~.CHY \Cp~~c:i l' is somewhat~ ifnot,entir.ely" bound bythe.]egal::op~nion that may be given usconcer(:li n9 ,;what"the affecit:of the ex.istingorcf,inance is, City,Councils of years:past, perhaps' in '198,z, put tnat language in the;zohing ordinance for whatever reason: they, felt was proper. Mr. Singleton has made some comments on the history of that as ,to why that' language was used." Now;,there';are lots of things Coimci 1 member Kelly had: seen since he has been on.,CityCounci 1 that he wished he could change. ,But.~the',.problem is thcrt if the city is told to do something by a particular ordinance and we fail ':tn do that, Uen: we: coul d, subject the: CJty' to.; s; g,ni f;icpnt liabili'ty. 'That'''is why'we: have to listen to: our CjtyAttorney as to what his leg~lbpinion~is, as towhat:the ~ffect of the exi'st.ing ordinance is:;., 'W.hat' Co unci ,1 member' Kelly 'Wa~: hearing is 'that Mr. Allums, representc;,n'g thehom~owners.l on ;Rus,kin Street, is- of the optni.on' .that ;theshopp.ing ,center; pe.ople have; not begun the process under' 'the,exi sti ng. ,ordina'nce..,.Co.uncJlmember Kelly thought that everybody would be in agreement if they had begun the process under, the:;exist:;'ng;;agreement;and~ if weojust changed that, 'how would it af;fect: the, (fact thatth~y.havealready' be:gun their , , , process. ' :' f' 'r 1, i:,,) . ~,~ 2-' . ~ t " ~ City Council Special Sessi.on~ Septemb~r" 30, ::1.991 152 Mr. Allums :sla:ted~ that he' didinotJ'think n made any) difference and therea'sbn was tie 'thoughtlgene:ra lly; Inte'rcity Investment Properties were relying ion a::Commerce clause. There may be 3 legal issued to be considered: one is what the City Attorney was , re 1 atfng ,to Clty Counti 1 ,another." wha,t you can: do under the ,exis'ting :'te~m's and;' the,third',whelher or not the parking lots are grantl;f.athEfredin.Mr. Allums~ stated he had some strong cl'rgum'ents ':tell aited ,to that. "T: (;'1 p , '- , ).j , ~.... Councilmember Kelly explained that, for example, on Barbara Lane in 'the Pem'ber-,uori':Add'i'tiori;' ther1e'was a builder who had already " b,egun corislfruction and 'sold off some 'lots under what ,the existing zoning was inPembertori,before Council changed it. The, Council changed thezoning,~;i:n,Pemberton :Additionand' ttlat did not affect the bui lde'r ;because',;he' hadailieady begun under the old , ordinance. 'Why is,the, ,Pemberton zon;ing 'dissimilar to what we are consi deri ng he're? . l"~~r'i dl. " Mr. Allums stated thatnewas' aSKi'ngfor'a permit to'do 'something~: ' A.ipernHt :;;s di'fferent'from a change of land use be'cause :that"is what,"a,specia<l exce:ption ~was.What they are asking forrin :applica'tion'.91.;;18' fs'a.s1r5'ecial'exception to declare this land usedifferen't ~form,;that,of 'a townhouse district --- to a patkin'g 10t~Mri,;Allums thought Mr., Singleton's argument failed',lrighethere,I)ecause"i'f,ithey already ,have the right, why are they" a's Ri,rig for: a .spec; a 1 excepUon?, . i ,: ' , . I '-- Cour'lc.i lmember:iKe!lly: commentedc1that ,:Interci ty Investment Propertles had to "come '6or:ward, ,and:'make some approach, to the City to let us knowtHey'were:oeginnirig to"work. ' Mr. ,Allums suggested why did not they apply for the permit if they a ly.'eady' had 'the' r; ght to'build,.'the' parking 10L A special excepti on,:,i s'- granted' onlY 'when the ZBAhad cons i der;ed all these ,cofisiderations and then Jmakes a 'determination whether a special excepfion:should,:be:granted. ,A: permit is on thatJsays'I already have the right:;todo it and,I ,wanta permit to build it. , , Mayor Johnson sU'ggested,that." suppose they had made an app 1 i cati on for a permit .in the City.'s Inspection Qivision, what right would " the City have' t9,:,deny"it? ' ' . '., , I ' ::} "I Mr."Allums 'responded'ithat "the !perm.it couldli>e denied because there i~ a sitbatibli~how'with:spotzonihgo~contract zoning on the property. ] Whatr'Weare reqiJestiLng. is: to 1 et; thi s request run " its course through';the ZBAfor ,consjderation' for a,special e~cep~ion; but,not:consider ju~t,the oonditiens' in PDD-TH6, but allthQ conditions set. forth'in'the ordinance. If it meets that test, Intertity gets the spec:iaJ; exception. , ... f , ., , Mayor Johnson responded that: in, his' opinion, City Council must relY on the City Attot.ney to adv,ise.'the, City Council, in his best judgment, as to what the City Council is supposed to do. J l --' ----, I I . ~ ~ City Council Special Session: September 30, 19.91 153 . M~. M~ Ellis, 40121 Ruskin; d~clined to speak. ", :, Dennis'M. 1<00';4111 Rusk~n,.st'a;ted he felt the parkin"g lot to be a threat to the peaceful environment of the netghborhood. He thought the neighbors had as equally a large investment in the property, as Interci ty Tnve-slment P.roperti es. Arthur Goldman, 4032 Gdldman, stated 'he.knew the history of what has transpired on the property. It has been stated that noti ces ,werema,il ed. outi:Jo {t~ei prClP,e,rtji,' owners.i;" He never got a notice in 1988 "andneittier, :ct:;dhisi.n~ighbor.' ~:1ihe only. reason, parking pn Ruskin was considered was because it was mandated by the Charter when 'the tel'ephone! company deede:d ',additional .space. The City Attorney advised us that the City was required to provide adequate ri ght-of-way 'and 'parking for" uti 1 i ties. The other four lots were never concerned to be anything other than residential property. The residents were assured at thatJtime that it would never be consider'edfor ~ariythii1g :else. Mr. Goldman urged Council to consider the plight of the homeowners on Ruskin. Mr Singletoncoinmented that :'the distri'ct in,.ql!lestion ,consisted of ten lots. 'Si X 'of those' :lots were C'onsi de'redparki ng, lots for Southwestern Bell.. :My, clTen'th'as four lots for.' th'esame purpose.' Our appl fccfti'O'n: fshe'ing sh'el:ved, by the.'ZBA';' it was tab 1 edunti 1 ther n'e'xt! 'month'. Our next he'a'ring: :before the ZBA is October 16. It may t>epossible.,the,ordi'riance:cQ,u1d ;be amended before the ZBA will have the opportunity to make a decision. It was Mr. Singleton's understanding that a permit application cannot be made untH the 'special exception :is obtai'ned. . As the :ordinance riowreads, the:special: .exceptionllshall" ,be done. b,',,,,,:, " , . C6uncilmemb~tDuk~ askedif,he,recalled when 'the predecessor acqui red the first lot..' " ,!i" Mr. Singleton responded that he thought it was in 1973. Councilmember ,KeT1y offered City';Coyntil ,could amend the ordinance and, Change '"may' to "shall"'and delete,'the entire. paragraph (d) and that will not stop the shopping center from going forward with the parking lot. Councilmember Kelly urged the homeowners- to try ,to' get :condi ti ens from, the .ZBA' that wi 11 make the parking lot what you can live with. Councilmember Duke commended that he agreed with Councilmember Kelly. City, Council maY: pass.,thisordinance:'and call the public hearing, but by' the 'time the pub 1 i c hea'ri ngi s held it may be a moot point. Intercity may have' the 'right to go ahead with the project because the decision may have been made. City Council has charged the new Zoning and Planning Commission to review the zoning ordi nance for'; oth~~?_~:U;Ch: m~,~ters: of, tonc,~rn. Arthur Goldman remarked that if there are not curb cuts on Ruskin, then he would not have so much of a problem with the issue. City Council Special Session September.~30, 1991 154 Mayor Johnson. caLled for.a 'inotio.n':;on. Ordi.nanceNumbe.r 1407. Motion was made by Councilmember Kelly, seconded by Councilmember'Duk'e, thatCJty': Council adopt Ordin.ance Number as presented.. (,"~' '. 1407 '- \ :' t f~' . . ::. > , ~ Voting Aye: Voting No: Absent: ' .n . . , Mayor Johnson, 'Counc'ilmembers Kelly" Duke None Counci lmembers ,Jen~i ns ;lang . ' I " .~ , . \ 1 RESOLUTION RELAT.ING;'TO; THE ,CERTIFIED (APPRAISAL 'ROLL. ASSESSOR-COLLECl:OR '.S, GERT:IF'lCATE 'AND ,RELATED INFORMATION: '. :~: j ;~ :.: I . ; Consi deration 'was 'g.iven to, Reso 1 utflon:, No.' 91-24. " RESOLUTIOK'NUMBER 91~24 WEST UNIVERSITiY PLACE,' RESOLUTION ACKNOWLEDIHNG REGEIPTOF' APPRAISAL ROLL , ASSESSOR"'-COtLECTOR'S CERTIFICATE .AND RELATED INFORMATION; DESIGNATING A PERSON TO CALCULATE CERTAIN TAXI RATES, MAKE CERTAIN PUBLICATIONS AND PERFORM OTHER RElATED TASKS; DECIDING ON THE . AMOUNT OF ,SURPLUS ,AND UNENCUMBBRED ,FUNDS, 'rOBE USED TO PAY DEBT SERVICE; 'AND CONTAI\~ING"REbATEDPROVI,SlONS.. WHEREAS, on September':9, 1991, the:governing body of the City of West University Place (the "Taxing Unit") received the attached certificate', appraisal roll and related information from its assessor and collector of taxes, which ,certificates and appraisal roll are incorporated into this resolution and made a part hereof for all purposes; and '-- WHEREAS, the governing body desire to proceed with the steps necessary to 1 evy ad val oreril,taxes; NOW .THEREFORE, BE IT RESOLVED BY THEiCITY.COUNCI(OFTHE CITY OF WEST UNIVERSITY PLACE: Section 1. The matters: described i'n the ,pr,eamble of this resoluton are found"anddetermined>to beitrue'and correct and are adopted, ratifi~d and conformed. .- Section 2. The City Council of tbe. City of Wiest University Place hereby designates the following person(s) to take the action described below: . '-- J 'I I ---' I I I I ---' , . ,~ ~ 155 j Donna L. Sims, L Tax Assessor':Oo 11 ectOJ:' " ' !. j.~. t~ :. ~ .-'i; "' -I... 'ol,..)o, Patricia Koo Deputy Tax Assessor..C.oJ,lect9r,,~I'with',full: authority to act in the absence of 'the,;Ta'Xl Ass~esso:r~Coli ector 'or' in the case the .' Tax Assessor..Collettor~qa,iJs 'to. .take SUCh a.ctionwithin a reasonable ti:me... ',' iT :,) ~ ;Y,' _ \ \ <'-t: fv r . , .(' ') ::.-~! 1. . j: Section 3~ The CityCouncil..of, the City ,of :Wes,f University Place hereby authorizes and directs the above-named person(s) to take the following actions: ,.;i . ,",.- qq f'..', . ~. ~~ ,'. (... ".., i ,- ~ .';', , ' . (a) Calculate the ,effec.tiv'e .ta,x:rate .and'the.'rollback,tax rate under. the, rTexas . P,roperty Tax' Code. , ,"l ' " .. (b) .Submi t s,uch ra:tes" to,the C ityCounci 1 . (c) , Publish such rates, as well as;th,e, ,additional information required by the Texas Property Tax ,Code, in the form and manner required by suchC~de, at the earliest practicable time. ._ ~ . 'J ... ,J (d) Make arrangements for the subject of taxes to be included on the agenda for the next practicable meeting of the City Council following the publication of such .informati.on. (e) Report on such publication to the governing body. (f) Take all other.,action necessary or incidental to any of the foregoing steps or to the timely levy and collection of taxes DY the Taxing Unit. Section 4.' ,(a) Ml actions by the assessor and collector of taxes prior to this date~with respect to such calculations an publications are approved, ratified and confirmed in all respects. ; (b) For purposes of completing Schedule B of the notice of tax rates prescribed by the State Property Tax Board, it is hereby decided to use $802,550 out of the surplus or unencumbered funds (to be shown on Schedule ~). to pay deb~ service. . ':,-,;! . . :' 156 I Section 5. All resolutions and parts of resolutions in conflict herewith are hereby repealed to thee,x,tentof.the;'conflicts only. L Section 6. IT,anywbrd,;';phrase.,~) clause, sentence ,paragraph, sectionoroth'e'rpa:"rt of ,thi sre;sdl utilm .ortheappli cati on thereof to any person or ci rcums tance,J sha.lh,everl:be: held' to bei nva:l i d or unconstitutional by any court of competent. jurisdiction", the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons 0;1'(01 rcumstances s~a lflr'not be affected thereby. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX .R'EV,.CIV,;'; STALANN. art. 6252,.,lT,:as amended, or other governing law, and<thaf each'suchmeeting has been open to the public as required by law at all times during such discussion, consideration and action. The governing body ratifies, approves and confirms such noticesandthecontehtsandposting' thereof. Section 's..Thisresol uti on shall take effect immediately upon its adoption :andsignature. PASSED AND APPROVED this 30th 1991. day of September Voting Yes: Voting No: Absent: Signed: SEAL ~~~ Witt F . J 0 . S' , . ,Mayor" ' ,'...,' ..; ATTEST: APPROVED AS TO FORM: Audrey Nichols City Secretary Jr. J ~ I ~I l ! ---./ f ,; 157' (SEAL) I.! . ;.~ . Mayor Johnson stated he was. advised by the City Manager that City Council ~ay 'change the amoiJntC.of; $802',550, andl,he wc)uld vote7'for' the , resolution with th'e;understaffd~n'!pthat 'the), Coimc i,lj dmarile'nd that, amount at a 1 iiter' time in:'the'i':budgeta.ry' p~ocess. :'," Ci ty Manager, Mi ke Tanner~' exp;l~a ined that the': i nte,re,st earned: on, bond issue moneY can beiused' tore'dub~:l ,the! delft :dr;~iJsed' on' 'construcUon projects. If City Council does not issue bonds :in",t,hefuture',J,there will not be a b~nefit to use the interest and City Council will have to do something' e,lse.:, " ,: ,',:,:;''-"i~,: :,I,C; '.,,:,;; " , .' f~ ;.~? ":...:. ' '. ""; j' ~ ,; Director of.Ad~inistration and Finance, ,Donna Sims, reported the $802,550' has: been generated,,'linrl fEfa rhed anti -,readY :t~ .be used. ' c e'~;i'J'" < ~ . ')..r~:r(~;,.: _l.. ; C6un'cilmemberDuke a.sked :if'i'it.'.we're:pdssible', :w,itt.ld'ut)',changfng the r overa 11 tax rate:, ~to cha:rige~h.el'GolTfpos it i on 'of : the' two: components' ,that make up the ta)( rate so(thatth:~,s.\'ii,llno,':l'dnger'be'necessary.. "'" ,,,},!' II ":, \1~.': ';~< Mr. Tanner agreed it was possible and will ,be discussed. Representatives from 'First' S6uftlwest ,Bank weregoirig::to visit :with' staff tomorrow to discuss it with them. This is something that can be changed~' ''','' j':"",,;(:.'; ';;; , , " Motion was made by ,CQunc11membe~ Duke, seconded by Councilmember KelTy , that Resolution, No;::J~1..:a4,jbe ~adopted 'as'read, "acknowl edge rece i pt of ttie Cert i1fi edApp'ra.is'ail'R611 ,from: the Ha:r'ri S' ' Coun ty Appraisal,District, accept the,AnticipatedCollection Rate of 100% and accept t~e 'Ca'lculat~on'of:the'199r Effect,ive Ta" ~ate> ,~' ;" . " ~ I ": 1~;'" 1 . ~ \;,.:... .; : .J' . '" ,,' ..,/ I. .1 ! }. . ""Voting Aye:'; , 'MJyor\:Johnsen, CoundlniemberS~elly, Duke,; , "Voti n9 No:' ',' None: I' , , Absent:"., '>'Cduncilmemb'ers Jenkins,lan'g" Jij DESIGNATIONeOF ACTING'ClTYISBCR~TARY: , <':.' . Mayor Johnson advised' GouiicH :that ':Ci'tyManager , Mike Tanner "coul d s~rve as City Secretary to execute documents and maintain the corporate sea 1 . ' ' .: , " ' ','" ' , ' , ..'; lA" . ~ " ; , j . ~ . .: , .: J ~, '. Motion was made by,Councilmember Kelly, seconded by Councilmember Duke, and City: Countiytlesigriate:;,the 'CitY'Manager'",Mike:,Tanner, as Acting City Sec'reta'ry~""':(' ,'>,',' :>;j, ;,: '< t!! , ')' ' , Voti~g Aye:, '" ,Mayor Johns<?n, Councilmembers Kelly? Duke Voting No: ','~N6!ne<,>.i ~",;' ,: ,:' );'::1,' Absent: :', 'Counci 1 members Jenk,ins,' Lang:' .' ~ . 158 CONSIDER APPROVAL OF PHASE 1 DEVELOPMENT OF THE JMH PARK SITE AS, OUTLINED BY CAROL BURKE AT THE WORKSHOP SESSION ON SEPTEMBER 23.' 1991: -=-==- :.:" , j~_, ..~~: i? ~. \/t, t .r! i':,' , ' _ '. . _,.- , CouncHmemQerKelly explained "thiit CttYJCol-lnci lask~~t theP,ar~sBoard tolook'at,theTap;ley~.JunQWLP la,n;an,c!d~,qW ~1;h~y, c;qul P br~a k~he p,la;n,up so that the City can. ,g~t,park"sp.a:c~,J;~a:tl ;the~ re'$,idel1t~s may enjoy.. , By March,nthe;so51'would: ha~eLto.,b~;. iP,r:~pared,treefipl an"ted and the' i rrtgatio;n ~system tnsta,lJ ed~l. Pha,:se':'A.iwould runapproxfmat~ly $100,000, excl udi-ng': the;fenci ng. I ;;, " . '.' " ;-,;: (~J ,. ,." . -::' .: :,: Councilmember Duke asked when the Parks Board getsthrough,Wjll the part be like the Tapley-Lunow design. .' ' , " )"j t 2" " - r -; :'\N <' .! Counci lmembe,r <Ke llyr~po.~ted i't:wri,li uiiobaR1YrJot b~,:b,uil;t as , Tapley-Lunow designed it. We have the option to change the design. The ParRsBo'a'rd,:rt,'s!::9o;i ngtogo;rback,.""tQ;-Tapley-::L\.Ulow to se~iifthey wi 11 do ,theconstru:ct ion ,d:r;awi.ng's;,:~:nd,;the,.fJna,.l pl an. ,I f, ~ Tapley-::Lunow,canlower,nthe ,fee; ;itwillb,e 'better;t,o go with them, but, we are not deciding that tonight. ~ '. J' _,_ , Counci lmemberDuke asked ,howit\,!,ou;l:c;h:be, pa.;d 'for. .. - - - . . Councilmember Kelly 'responded that Council would consider 't~at'i'n the next budget. " , ':;]0::,::"" '", " ' " " ' Donna Sims,rep,ar;ted .therewereslIX',plusf-u'1ds (.$40,OQO i,nthe par~s fund ) and unexpended funds i n ,the rCtty;Councilqi,s,c;ret ionary fund. . ;::: : - ,- ':"- ."~: :: ~ ., . - ' ,,' . ~ Motion was made by Counci:lmember Ke'llY,;:fietonqe,d ,b.y.'Councilmernber Duke, that City Council advise the parks Board to proceed in the' development of, Pchase.l!,(m the ,p~rt:$,;te "o,n,Milton Street.a{ldto take those steps necessary to complete Phase 1 al'lQ,t,o com~back,to,.City Council and give themj;hecostsestimat.e~ >on.c;qnstructi on ,jncl iJdi ng the fee structure. '. ' Voting Aye: Voting No: Absent: : Mayor Johnson, rCopnci lm~l,lJber~, Ke,lly"Quk~ None Gouncilmemb~rsJ,en~ins" Lang, , I ,; .,.;;,.:..', " '-:'1 ,,_", , Councilmember Kelly recommended that the dedication f the JMH park site be on the agenda for the October 14th regular session. .. . . . '.- . '", , - ,-,. '. ~ ._ ' 1 .' _ ,<. : .:; At this point, Mayor~.Johnson re<:~fised~he.specjal:s~ssiorJ to move to the Conference Room to discuss the 1992propo~ed,pudget. INTRODUCTION OF THE BUDGET FOR YEAR 1992: City Counci 1 revi ewedsecti ons of th~ proposecI,1992 budget with the City Manager and the Directo.r of Fillance;andAdministration. ~ I I ----., i i J 159 COUNCIL COMMENTS: No member of City Council had anything further for consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, moti on was made by Counci lmember Kelly, seconded by Counci lmember Duke that the special session adjourn. Such motion carried and the meeting was adjourned at 10:30 p.m. ~~'/# ~4WA4< hltt F. Jon . n Mayor - Audrey Nichols City Secretary if'f :) ~j ~ '.., ~ , C )! 180 lffl l --' CITY COUNCIL WORKSHOP SESSION WEDNESDAY, OCTOBER 2, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Wednesday, October 2, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke and Jenkins. Councilmember Lang was absent. Also present were the City Manager, City Secretary and the Director of Finance and Administration. DISCUSS BUDGET FOR YEAR 1992 City Council reviewed portions of the proposed city budget for fiscal year 1992 with the City Manager and Director of Finance and Administration. No action was required of City Council at this time. COUNCIL COMMENTS: l No member had anything further to discuss at this time. ADJOURNMENT: With no further business to come before City Council at this time, moti on was made by Counci 1 member Duke, seconded by Counci lmember Kelly, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 10:30 p.m. k~~ Whitt F. Jo n Mayor Audrey Nichols City Secretary ---.., I I 162 I L [ \:;'..} 163 CITY COUNCIL SPECIAL, SESSION ,0 CITY OF WEST UNIVERSITY ~LACE MONDAY. OCTOBER 7, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. ******************************* City Council convened in special session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, October,7, 1991, with the following members present: Mayor Johnsont presiding; Councilmembers Kelly" Duke, Jenkins and Lang. Also present were the City Manager and Director of Finance and Administration., ' . Mayor Johnson introduced Al Shirer, a resi'dent at 2615 Barbara Lane, and member of St. Andrew's Presbyter; an Church.' Mr. Shirer, an authorized representative oftHschurch, requested permission to place 2 b~nne.rs.promotingiay renewal, a 4 day religious program, October 20 through October ,23, on the church grounds for a maximum of 17 days. The banner~ would face Buffalo Speedway and Bissonnet. Motion made by Councilmel11ber Jenkins, seconde<1byCouncilmember DUke that City Council approve Mr. Shirer's request for St. Andrew's Presbyterian Churc;h to place banners/signs on church property publicizing a particular ,religious program. Voting Aye: Mayor Johnson, Counci.lniembers Kelly, Duke, Jenkins, Lang Voting No: None Absent: None RESOLUTION APPOINTING THE FRIENDS OF WEST U PARKS "FUND BOARD Mayor Johnson presenteda,n'(j read the fo llpwi ng resol ut ion: ." . RES,Q4UTION NUMBER 91-27 APPOINTMENT OF THE FRIENDS OF WEST,U PARKS FUND BOARD WHEREAS, it is the Qbligation of the CUyCounciT,pursuant to provisions. of the Ci;ty.Charter and ordinances heretofore adopted, to>appoint mell;lbers;to various Boards; and WHEREAS, the Mayor and members of the City Council previously appointed persons to serve on the Friends of West University Parks Fund Board of the City of West University Place', Texas for a sped fi c term of offi ce; and -J t {.r I~_, City Council spt)al Session, October 7, 1991 164 WHERrAS, the term of office has expired for Position 7, Position 8 andPositi~n9; and WHEREAS, certain persons have indicated a desire and wi11ingness to serve as members of the Friends of West University Parks Fund Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTVOF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as membersqf the Friends of West University Parks Fund ~oard for the terms indicated: - Position 7 Donna Jaschke Term expiring August 31, 1994 Position 8 Jay Dingee Term expiring August 31, 1994 Position 9 Nancy D. Williams TermexpiringAugust 31, 1994 " Section 2. That the persons hereby appointed to the Friends of West University Parks Fund Board shall serve without compensation. SectiPn3. ,Each appointee> stfall. serve the term indicated and thereafter until the member's successor is duly selected and shall have qual i fi ed. '~> > , " Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict 'only. . Secti on5. , If any word ,phra'se , clause, sentence, paragraph; section or'other part> of this resolution or the application thereof to any Person or circumstance, shall ever be held to be invalid orunconstitUt'iomil by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or ci rcumstances shall hot be affect~9 thereby. Section 6. The City Council officially finds, determines ahddeclares that a suffici~nt written notice of the date, hour, place and subject of, ea~~ meeting at which this resolution was discussed, considered Or actecd.[jpon was given in the manner reqUired by the Open Meetings Law, TEX~ REV. CIV. STAT. ANN. art.6252-17,as amended, and that each such meeting has been open to the public as reqUired by J,aw.at all items during such . diScussion, consideration and acHon. . The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this ~ day of October, 1991. l I I ~/ "I I I I I ,.~ ~ City Council s~~:al Session, October 7, 1991 165 ATTEST: ./Jit~~ i1iiffi~ =-r-- ~~ / i t F. Johnson ' - Approved as to Form: Mike Tanner Acting City Secretary (SEAL) James L~, Dougherty, Jr. City Attorney. Mot i on was 'made by Counti 1 meinber Du ke, seconded by Counc i 1 member Lang, that Resolution Number 91-27 be adopted appointing Donna Jaschke, Jay Dingee, Nancy D. Williams to the Friends of West University Parks Board. . Voting Aye: Voting No: Absent: Mayor Johnsoil',:CouncilmembersKelly, Duke, Jenkins, Lang , None None DISCUSS MATTERS RELATED TO THE LEASE OF THE LANDFILL FOR GOLF COURSE DEVELOPMENT . City Manager Mike Tanner discussed the development of a golf course at the landfill following closure. He presented numerous advantages and introduced Chuck Burson of the Houston Hills Golf Course. Mr. Burson stated his interest, described the development of a golf course at what used to be the Bellaire landfill, discussed the lease he has with the City of Be'laire and summarized the lease agreement he has presented to the staff. Motion by Councilmember Lang, seconded by Councilmember Duke that City Council consider the proposal by Houston Hills, the Golf Course Development. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins, Lang Voting No: None "(:;:1 t .~.C>"'i City Couhtil S~'~;al Session. October 7. 1991 166 Ab~ent: " None HEARINGO~ RESIDENTS Virginia Clark, Chairman of the Communications Committee, presented information to the City Council and requested suggestions that could improve City Currents. The City Council discussed several things including,a suggestion made by Couhcilmember'~anice Lang that the mail schedule be changed. A chal1ge wou,l d ,permit a 11 res i dent~ to receive a copy at the same time. City Manager, Mike Tanner, agreed to ,study the proposed change and ,cost. . DISCUSSION OF THE BUDGET FOR YEAR 1992 . City Council reviewed portions of the proposed city budget for fiscal year 1992 with the City Manager and Oirector of Finance and Administration. No action,was required of City Council at this time. COUNCIL COMMENTS City Councilmembers asked that the following items be placed on the Agenda for the October 14, 1991: Demolition of dilapidated structures in bankruptcy, Scout House demolition, Metro bus shelter co'nstruction at Liberty Hill, regulation of cats and Public Works facil ity improvements. AOJOURNMENT With no further ~us ine.ss' ,to. come before City Council at this time, motion was made that the sessfon adjourn. Such motion carried and the meeting was adjourned at 10:20 p.m. ~..-~~/ hitt F. Johns , . Mayor Audrey Nichols City Secretary 167 I I I I ITY COUNCIL WORKSHOP SESSION WEDNESDAY, OCTOBER 9, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Wednesday, October 9, 1991 ,with the following members present: Mayor Johnson, presiding; Council members Kelly, Duke, Jenkins and Lang. Also present was the City Manager and the Director of Finance and Administration. DISCUSS BUDGET FOR YEAR 1992 City Council reviewed portions of the proposed city budget for fiscal year 1992 with the City Manager and Director of Finance and Administration. No action was required of City Council at this time. COUNCIL COMMENTS: No member had anything further to discuss at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Counci 1 member Lang, seconded by Councilmember Jenkins, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 10:20 p.m. ~~~ hitt F. Jo ns , Mayor Mike Tanner City Manager , " . " ,.. ~ . 'i ) ",;;~). l: ~ ~ 1 c" ~ " ? ""./1:- 168 " ;"1 ;."'1 L I L 169 CITY COUNCIL WORKSHOP SESSION WEDNESDAY, OCTOBER 16, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Wednesday, October 16, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins and Lang. Also present were the City Manager and the Director of Finance and Administration. DISCUSS BUDGET FOR YEAR 1992 City Council reviewed portions of the proposed city budget for fiscal year 1992 with the City Manager and Director of Finance and Administration. No action was required of City Council at this time. COUNCIL COMMENTS: No member had anything further to discuss at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Counci lmember Duke, seconded by Counci lmember Kelly, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 10:20 p.m. ak:~ Whitt F. Joti s Mayor Mi ke Tanner ' City Manager ~ .. i ''I -' r ~ ..... ~.. , , " '1 '< ',' . ~, ;' ; ,> . , , i' 170 '-- j ~ L ,(' i , i L 171 CITY COUNCIL SPECIAL SESSION CITY OF WEST UNIVERSITY PLACE MONDAY, OCTOBER 21 ~ 1991,;, MUNICIPAL BUILDING 3800 UNIVERSLTY BLVD. 7:30.P.M. The City Council of the City of West University Place, Texas, convened in Regular Session in the Municipal Building, 3800 University Blvd., on Monday, October 21, 1991. The following members ,of. the City Council were present: Mayor Whitt F. Johnson Mayor Pro Tem Bob Kelly Councilmember Cullen A. Duke Councilmember Jim Jenkins COUlicilmember Janice H~ l:ang ','11 . .;:;~\<f:-J ~~I\ t No member' of the City Counci 1. Was,. abs'ent.. A quorum w~scons,t'tuted. ....-.., I i I I '. ~ , , ,I The Zoning and. Planning Commiss,;,on convened to COn9,u~t, a Joint. Public Hearing with the City Council. The following members of the Zoning and Planning Commission were present:' I" : !}:"":.1 Cha i rman ,George Ru h 1 en ,i :, .: Cornmi ss i on Member Brii ani B. Hughe$~": \. Commission Member 'Susan Rachlin ,', " Comniiissiion Membe'r Brett Rule, ,,'\ '; I,; Comrriission Member Christie S. 'Wtse" 1 ' ;- -. , . , , " "j" , " I ,~. ~ ~. "'.~ . "? . ., . ~. ~ ... - No 'member of the Zoning' arid P'la'nn:.ing ComlTitsston: was;absent. A quorum was constituted. ' r",~", "~I Staff m~mbers present were: )''', I' ~ ~. , , ; ~ Mike Tanner, City Manager James Dougherty, City ,Attorney; ; ",~!_ : ,> i '.' Donna Sims, Firiance and 'Admtntstration ~Directon- Ed Menville, Public Works Director Jerry Burns, Deputy Pub 1 i cd'Jorks Di rector T Terry Stevenson, Fire Chief; Steve Griffith, Police Chief Nancy Daven, Administrative':Secretary i.:' ...- Mayor Johnson delivered the invocation and Councilm~~perLaDgled the Pledge of Allegiance. < PUBLIC HEARING: ~ Mayor J'ohnson introduced: George Ruhlen, Cha;.rman of the Zoning and Planning Commis~ion" and requested that, he direct the Joint Public Hearing. City Council Special Session, October 21, 1991 172 Mr. Ruhlen asked if legal requirements including notification had been met. The City Manager stated all legalitequirements had been met. '- -,.., , Mr. Ruhlen stated that the he^ar-fngAwould:be limited to PDD-TH6 on Ruskin Street and special excepti~ns for parking. The purpose of the Hearing would be to determine whether or not the Zoning Board of Adjustment should be granted greater discretion in the consideration of special exceptions for parking. Greater discretion could be granted by changtng,th~'~9rd"shall" to."fuay~~ M~. Ruhlen Singleton. residents. Investment recognized'two attorneys: ^ David Allums and Robert Mr. Allums had been retained to represent Ruskin .Street Mr. Singleton had been retained to represent Intercity Properties, Inc. Mr. Allums was asked to spea,k,first. Mr. Allums stated that the Zoning Ordinance shouJd be.,allJended. He explained PDD-TH6 regulations and special exceptions for parking. He stated his clients objected to the w,ord ushall'~' ,and, the belief the Zoning Board of Adjustment was required to approve special exceptions forparki ng. ,Hest.tated that~ Ru'ski n: Street restdehts, support amendment ,and the word umayu. The Zoning Board of Adjustment must have and 'exercise discreti'on if it is to serve the public ,good. . 'T I ~ d 1 ; . ! The following residents spoke in favoriof a Zoning Ordinance amendment that woul d change:the'word' from us'haHu to IImay";:" Mr. Arthur Goldman, 4032 Ruskfn: . " Mr. Horace J. Hicks, 4028 Ruskin', Mr. Greg Seward, 4004 Ruskin ,. ;':_ Mrs. Lenore Manzo, 4036,'Ruskin""r~ Mr. Julio Herano, 4119 Ruskin Mr.SalMan2io:;4036 Ruskin '",'J')';' Mr. David Cole, 4109 Cason Mr. Craig Joyce, 4107 Ruskin Mr. Ruhlen closed the public hearing at 8:50 p.m. Discussion and '. deliberation followed until 9~12 p.~.. , , , DJ:'crTTrl City Council Special Session, October 21, 1991 1:7J Mr. Ruhlen stated that the Zoning Board of Adjustment should exercise greater discretion in granting speci~l exceptions for parking in the future and called for a motion. A motion was made by Brett Rule to recommend the amendment of PDD-TH6 regulations and change the word, IIshallll to IImayll. Susan Rachlin seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Chairman Ruhlen, Commission Members Hughes, Rachlin, Rule and Wise. Voting No: Absent: None None Mayor Johnson read a formal protest submitted for the record by Intercity Investment Properties, Inc. A copy of the protest follows: PROTEST Re: Proposed amended to Zoning Ordinance 1298 (pursuant to consideration of the matters set out in Ordinance No. 1407) o Intercity Investment Properties, Inc. ,being owner of at least twenty percent (20%) of the area of lots known as the Ruskin Townhouse Planned Development District (IIPDD-THQ; Districtll) does hereby make formal written protest pursuant to Section 211.006(D) of the Texas Loca 1 Government Code of the proposal to amend paragraph (d) of , schedule PDD-TH6 of the Zoning Ordinance of the City of West University Pl ace, Texas, Ordinance No. J298, adopted October 12 ,J987, as amended, set to be considered by the City Council of West University Place (at,a joint meeting with the Zoning and. Planning Commission on October 21, 1991), pursuant to Ordinance No. 1407, adopted September 30, 1991. This protest shall remain effective. as tOiiny adJourned, recessed, re-convened, re-scheduled or re-noticed hearing for the purpose of considering the foregoing ~atter. INTERClTY INVESTMENT PROPERTIES, INC. By: Dan Bryan, Property Manager Date: . October 21,.1991 Mayor. J,ohnson called a. recess; ,at 9 :20 p.m. to rearrar;lge, the Counci 1 Chamber. ' Mayor Johnson recovened the meeting at; 9:29 p.m.. [J HEARING OF RESIDENTS: : REGC ITCL City Council Special Session, October 21, 1991 174 Mayor Johnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Chuck Gillen, a resident of 3620 Georgetown, stated he represented no one but himself and was uneasy with the way things were going in City government. He reminded the City Council it was new to office and urged its members not to misuse its political power. He asked the City Council to be careful during the budget process and not reduce City servi ces. Dorothy Reiger, resident of 6516 Brompton, stated she was happy to have a mayor as qualified as Whitt Johnson and complimented the City Council for taking steps to control builders, something the previous 3 City Councils failed to do. Marcus Calderon, a resident of 6535 Buffalo Speedway, stated his concern that vital City serviGeswould decline as they had in Houston and West University Place would no longer be such a wonderful place to live. He stated he was particularly concerned with public safety services and particularly impressed by the loyal employees that provide them. A. Alvarez, a re,sident of 3014 Univers,ity, stated he was happy to live in West University Place and appreciated the services he receives, especially those related to public safety. He stated his willingness to pay higher taxes for peace of mind and urged the City Council not to reduce services. I I I L Leslie Foran, a resident of 6727 Belmont, stated the City Council should emphasize quality and think long term. She urged the City Council to maintain. the excellent Police and Fire response time. She complimented efforts made to recycle and urged the City Council to take care of City employees. 'v Sarah Boyd, a resident of 2816 Rice, stated her dissatisfaction with the reduction of swimming pool hours and was upset that she could not post a petition on'the Colonial Park bulletin board. She stated residents would pay higher fees ,to increase swimming pool hours. Kyle Pentecost, a resident of 2606,Centenary, stated the City Council had violated the Open Records Act by not providing him with information he had requested. He stated that he had received only limited information. He was upset that bills, vendors and contract employees had been paid late. Peggy Pentecost, a resident of 2606 Centenary, urged the City Council to exercise care during the budget process. She expressed concern that City employees would be lost and services reduced. She stated her support for quality. Buddy Bell, a resident of 4038 Swathmore, addressed letters he had recently published. He expressed concern about the installation of a new fuel tank in the Public Works Center, bill payment, the retirement Dt:'crTTrl City Council Special Session, October 21, 1991 17R n u of the former Building Official and the compensation of City employees. He stated that the City Manager should be permitted to run the City. Councilmember Jenkins asked why Mr. Bell had erroneously informed the Health Department the city was attempting to install a fuel storage tank in violation of its rules. He questioned his actions and asked Mr. Bell to let the City Manager do his job. Mayor Johnson stated that former Building Official Wayne Perry had resigned because he was dissatisfied with conditions in the Building Division. He stated he had not been fired. Councilmember Kelly stated is belief that the City Council was being criticized by West University Party members who wished to run for office in the future. He stated the City Council had been elected to promote change and would continue to do so. He made it clear the changes that had been made did not reduce services and West University Party criticism hurt the City. D Councilmember Duke stated there were items on the agenda which had to be addressed, it was getting late and the City Council should proceed. Councilmember Lang stated the Council was elected because residents were frustrated with City government and the way things were going. Mayor Johnson stated he had a good working relationship with the City Manager and resented statements Buddy Bell had made about it. Mayor Johnson asked if anyone else present wished to speak. Bob Wetman, a resident of 4103 Milton, stated his dissatisfaction with the childish remarks that had been made. He urged residents to give the City Council time and a chance to make changes. He felt there was too much disinformation. Linda Blum, a resident of 6403 Vanderbilt, stated her concern that the reputation of the City had begun to deteriorate. Mayor Johnson called a recess at 10:20 p.m.. Mayor Johnson reconvened the meeting at 10:24 p.m.. , FRANCOPHILE COMMITTEE REQUESTS: n Jane Wallace, a resident of 4120 Oberl,in, presented a request for funds on behalf of the Francophile Committee. Funds would support a reception, local excursions and correspondence. Use of the Senior Services van was also requested. The City Manager agreed :to rele'ase -the 'van if Senior Services did not require 'its use. Its use would be discouraged and limited. REGCITCL City Council Special Session, October 21, 1991. Councilmerilber Jenkins made a 'motion to approve $1,000.00 in financial support. Council member Duke s~conded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, CouncilmembersDuke, Jenkins, Ke lly and Lang Voting No: Absent: None None RECYCLING REQUESTS: Jim Voracek, Co-chairman of the Recycling Committee, presented a request for funds and additional space in the City Currents to promote recycling. The funds would be used to produce flyers and door hangers that promote recycling. Councilmember Duke stated the City Council should not dedicate specific space to any committee. He stated the Communications Committee could accommodate the needs of the Recycling Committee on an informal basis. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Jenkins, Duke, Kelly and Lang Voting No: None Absent: None SCOUT HOUSE REPLACEMENT: The City Manager stated the Staff had received two informal bids ($1,500 and $2,500) to demolish the Scout House. The cost of demolition does not require formal bids and the Staff may act without City Council approval. Bob Kelly introduced John Stone, an architect with Mitchell Carlson & Associates, Inc. who addressed Scout House design. He stated his firm could provide a schematic design and estimate costs for $3~000.OO.CouricilmemberKelly made a motion to retain Mitchell Carlson .& Associates, Inc. for schematic design of the Scout House for $3,000.00. . Councilmember Lang seconded the motion. The motion was voted on and carried by the following vote: , Voting Aye: Mayor Johnson, Councilmembers Kelly, Jenkins and Lang DI:'~f' TTf'1 176 ~ fl City Council Special Session, October 21, 1991 177 Voting No: None Abstaining: Councilmember Duke Absent: None FINAL PAYMENT IN LEASE-PURCHASE OF COMMUNICATIONS SYSTEM: The City Manager recommended the City make a final payment of $164,430.04 to Motorola for the lease purchase of a communications system. Final payment would save the City $20,986.76. Motion was made by Councilmember Duke to make a final payment of $164,430.04 with a transfer from the General Fund reserve. Councilmember Jenkins seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Jenkins, Duke and Lang Voting No: None Janice Lang was ill and left the meeting at 10:50 p.m.. B FUEL STORAGE: Jerry Burns, Deputy Public Works Director (General Services), presented a report on fuel storage tank construction, remediation and 9 change orders. The City Council agreed to discuss the item at the next regular meeting. Mayor Johnson read a letter submitted by Wayne Dotson. A copy of the 1 etterfo 11 ows: : October 17, 1991 Dear Mayor Johnson: Thank you for speaking with me this week in regard to the installation of the gasoline storage tanks on Milton Street in general. I have also discussed this matter with Jim Jenkins and Janice Lang. n I am opposed to the installation of the tanks on Milton Street for two reasons, namely, (1) cost and (2) the availability of an alternative location on Westpark. My preference would be to purchase the gasoline in a manner explained to me by both Ms. Lang and Mr. Jenkins. You have indicated ,that you have already executed a contract for the installation of the tanks but it appears that this may not be REGCITCL City Council Special Session, October 21, 1991 178 allowed by the Texas Water Commission and/or the Texas Health Department. I certainly hope that is the case. Something must be done about the Milton Street situation. This morning while driving down College Street a recycling container was in the middle of College Street. I am hopeful that once the question of whether the storage tanks will be installed on Milton Street is settled you will work on the eyesore on Milton Street. In that regard, I wonder why it is necessary to have a recycling center on Milton Street. If needed at all, why not put it on Westpark?West University residents have pick-up for recycling and it does not seem appropriate to have a recycling center 'in the heart of West University for non';'res i dents. ' . I am not sure what is on you agenda for the meeting on October 21, 1991, but if it is appropriate I would appreciate you reading this letter as I will be out of tow'n on that date. Once again, thanks for listening to my views on this subject. Very truly yours, /s/ Wayne G. Dotson 3911 Amherst Houston, Texas 77005 cc: Mr. Cullen Duke Mr. Jim Jenkins Mr. Bob Kelly Ms. Janice Lang BID OPENING FOR PROPERTY AND LIABILITY INSURANCE: Bids for Property and Liability Insurance were received by the City Secretary until 5:00 p.m. on October 11, 1991. The bids were opened during the council meeting and read out loud. The following companies bid: Van Dyke Rankin Brenham, Texas Corroon & Black Houston, Texas TML Government Risk Pool Austin, Texas ANCO Ins. Bryan, Texas OI='r.:rTTrl City Council Special Session, October 21, 1991 17n u Motion was made by Councilmember Duke to ask the Staff to evaluate the bids and make a recommendation. Motion was seconded by Councilmember Jenkins. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Jenki ns, and Duke Voting No: None Absent: Councilmember Lang BID AUTHORIZATION: The City Manager introduced Consulting City Engineer Dieter Ufer. Mr. Ufer presented a report on Priority Area 4 Sanitary Sewer Improvements and recommended they be bid. Councilmember Kelly made a motion to bid Priority Area 4, Phase 1, Sanitary Sewer Renovation (Job No. 119-29, Contract No.1). Councilmember Jenkins seconded the motion. The motion was~ voted on:,and carded by the following vote: o Voting Aye: Mayor Johnson, Councilmembers Kelly, Jenkins, and Duke Voting No: Absent: None Councilmember Lang PAYMENT FOR LEGAL SERVICES:, Consideration was given to payment of $3,702.60 to the City Attorneyfor legal service,s, provided to the City during the month of September 1991. Motion was made byCouncilmember Kelly to pay legal fees in the amount of $3,702.60.Councilmember Duke seconded the motion. The motion was voted on and carried by the following vote: . Voting Aye: Mayor Johnson, Councilmembers Kelly, Jenkins and Duke Voting No. Absent: None Councilmember Lang n L ORDINANCE REGULATING CATS: The City Council agreed to discuss Ordinance No. 1409 at the next regular meeting. REGCITCL Ci ty Counci 1 Special Session, October 21, 1991 IRQ ORDINANCE ALLOWING USE OF PVC PIPE: Consideration was given to the first reading of Ordinance number 1408. The ordinance was read as follows: ORDINANCE NUMBER 1408 AN ORDINANCE AMENDING SECTION 17-17 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TO ALLOW THE USE OF PVC PIPE FOR WATER SERVICE PIPE AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That paragraph (11) (relating to underground materials) of Section 17-17 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended by adding thereto (at the end of such paragraph) the following sentence: "In addition, PVC water pipe (minimum Schedule 40) may be used underground, and not beneath any building, for water service piping, in accordance with Table 500,and other applicable requirements." Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence" paragraph, section other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or ci rcumstances sha 11 not be affected thereby. Section 4. The City Council offkially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV.CIV. STAT. ANN. art. 6252-17 as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED ON THE FIRST READING this the October, 1991. day of Voting Aye: Voting No: L DI="~r TTrl City Council Special Session, October 21, 1991 1~1 Absent: Signed: ~. ~ b.p! ,. W itt F.~ son, Mayor ATTEST: Approved as to Form: Mike Tanner, Acting City Secretary James L. Dougherty, Jr. City Attorney (SEAL) PASSED AND APPROVED ON THE SECOND READIN,G thi s the October, 1991. day of u Voting Aye: Voting No: Absent: Signed: k~ ~~~. . W~itt F .Joh .. - yor . ~ ATTEST: Approved as to Form: Mike Tanner, Acting City Secretary James L. Dougherty, Jr. City Attorney n (SEAL) Copies of Ordinance Number 1408 were presented to the City Council and residents fn attendance. REGCITCL City Council Special Session, October 21, 1991 Motion was made by Councilmember Jenkins to approve the first reading of Ordinance Number 1408 with a spelling correction suggested by the Mayor. Councilmember Duke seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins Voting No: Absent: None Councilmember Lang WESTPARK PUBLIC WORKS ANNEX IMPROVEMENT: Consideration was given to the demolition of a storage building and construction of a fence at the Westpark Public Works Annex. The City Manager stated improvement would cost no more than $3,500.00 and formal bids would not be required. The Mayor stated his desire to go forward with such a project. Motion was made by Councilmember Duke to authorize the City Manager to proceed with the project. Councilmember Jenkins seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke and Jenkins Voting No: Absent: None Councilmember Lang PUBLIC WORKS CENTER IMPROVEMENT: The City Council agreed to discuss Public Works Center improvement at the next regular meeting. METRO BUS SHELTER: The City Council requested that the Police Chief speak to Metro officials and discourage construction 'of a bus she,lter at Liberty Hill Park. PAYMENT FOR ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to the payment of $6,392.29 to Langford Engineering for the provision of engineering services in the following projects: (a) Invoice No. 6580 in the amount of $533.13 for Priority 182 , L.. ,- i I I I I L City Council Special Session, October 21, 1991 IP3 c Area #2b Water Replacement (Amherst, Academy, Bissonnet and West Point) (b) Invoice No. 6579 in the amount of $384.31 for Priority Area #3, Sanitary Sewer (c) Invoice No. 6581 in the amount of $4,850.24 for Wakeforest Water Plant Expansion (d) Invoice No. 6578 in the amount of $594.61 for Surface Water Line to Milton The Staff recommended approval. Motion was made by Councilmember Kelly to approve payment for engineering services. Councilmember Duke seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke and Jenkins Voting No: None o Absent: Councilmember Lang PAYMENT FOR WAKEFOREST ELEVATED STORAGE TANK CONSTRUCTION: Consideration was given to the payment of Monthly Estimate No. 10 in the amount of $48,536.45 for work performed July 25 through August 31, 1991 in construction of the 500,000 gallon Pedestal Type Elevated Storage Tank by Pitt-DesMoines. The Staff recommended approval. Motion was made by CouncilmemberDuke to approve payment of Monthly Estimate No. 10. Councilmember Jenkins seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke and Jenkins Voting No: Absent: None Councilmember Lang n CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) City Council Regular Session on September 23, 1991. REGCITCL City Council Sp~cial Session, October 21, 1991 184 (b) City Counci 1 Workshop Session on September 23, 1991. (c) City Counci 1 Regular Session on September 30, 1991. , L- (d) City Council Workshop Session on October 2, 1991. (e) City Council Special Sessi6n on October 7, 1991. (f) City Council Workshop Session on October 9, 1991. Motion was made by Councilmember Jenkins to approve the minutes as submitted. Councilmember Duke seconded the motion. The motion was voted on and carried as follows: Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke and Jenkins Voting No: Absent: None Councilmember Lang COUNCIL COMMENTS: No comments were made by the Mayor or Councilmembers. L STAFF REPORT: No comments were made by the City Manager or Staff. ADJOURNMENT: Motion was made by Councilmember Duke to adjourn the Regular Session. Councilmember Jenkins seconded' the motion. The motion carried and the meeting adjourned at 12:03 a.m.. ~/ ::?-~~ W tt F. John n~ Mayor Mike Tanner City Manager ~ , I r L Dj:"r-rTTrl 185 n REGULAR CITY COUNCIL MEETING OCTOBER 28, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, October 28, 1991, with the following members present: Mayor Johnson, presiding; Councilmembers Kelly, Duke, Jenkins and Lang. The City Manager, City Attorney, Police Chief, Public Works Director, Finance and Administration Director and Administrative Secretary were also present. Mayor Johnson delivered the invocation and Councilmember Lang led the Pledge of Allegiance. HEARING OF RESIDENTS: o Mayor Johnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Kate Sutton, a resident at 3524 Sunset, presented a proposal to expand Liberty Htll, Park. The purchase of residential property on Northwestern and the partial closure of College would permit the City to increase the size of the park by 17,000 square feet. u ~ ~', ) Mayor Johnson stated there was no agenda item that permitte,d the proposal to be formally"considered., He stated such an item would be placed on the agenda, of.the next regular City Council meeting. Mayor Johnson recognized children (Rose Nazarian, Emily Jenkins and Heather Pray) present to see how city government works. Larry Wiggins stated his support for Liberty Hill Park expansion and addressed safety. He believed partiaLclosure: of College would promote traffic safety .and permit nei ghborhood chi 1 dren to use the park. n Jim. and Stephanie' Copeland, residents ,at 3902 'Browning, supported statements made by Mr. Wi ggi ns. They expressed concern for the safety of nei ghborhood chi 1 dren, dra i nage problems and 1 imited open space. Heather Pray, a resident at 3828 Northwestern, stated the children in the area need a safe place to play. Liberty Hill Park would be such a place with expansion and street closure. Diane Pray, a resident at 3828 Northwestern; reminded the City Council that a petition with 200 signatures had been previously fi 1 ed in support of Liberty Hi 11 Park expans i on. She offered to 186 Regular City Council Meeting, October 28, 1991 sell 4,800 square feet of her property to the City for $60,000 if it would be used to expand Liberty Hill Park. Jean McBride, a resident at 3803 Sunset, stated her support and L presented sales records that indicated the Pray offer was reasonable. The sales records follow: 3920 Milton 3928 Arnold 4215 Elmhurst - 4124 Elmhurst- 4001 Coleridge - 4011 Browning -' $24.90 sq. ft. $19.75 sq. ft. $23.00 sq. ft. $22.70 sq. ft. $15.98 sq. ft. , '$l8~6T sq. ft. Mayor Johnson questioned the impact College closure' would have on the intersection of Northwestern and Bissonnet. Kate Sutton stated Liberty Hill Park expansion would benefit the City. Problems could be studied and solved. Mayor Johnson questioned the effect park expansion would have on the residents at 3831 Sunset. Ms. Sutton stated the park would abut the residence. Councilmember Lang questioned the purchase of property, the use of street right-of-way and the number of residents in the 3900 Block of Northwestern that had signed the petition. She expressed L concern park expansion would create traffic safety problems. Ms. Sutton stated she did not know how many Northwestern residents had signed the petition. Mayor Johnson requested the Staff conduct a traffic study. The City Manager stated it would be done as soon as possible. CouncilmemberJenkins stated his belief park expansion would provide needed open space for a reasonable cost and promote traffic safety Councilmember Duke stated his desire to 'review the traffic study that would be done. Elizabeth Fitch, a resident in the 3900 block of Browning, stated she and other area children were afraid to cross College. She believed park expansion ,and street closure would eliminate fea r . ' Stephan Nazarian, a resident at 4149 Coleridge, stated his support for Liberty Hill Park expansion. ,-- I I f i L- ? Regular City Council Meeting, October 28, 1991 18~' Peggy Pentecost, a resident at 2606 Centary, addressed budget concerns, final payment to Motorola for a communications system and public remarks made by members of the C{ty Council. Dorothy Rieger, a resident at 6516 Brompton, addressed swimming pool hours, a volunteer, program that could increase them and the efforts made by City Council to control building. Beth Ann Bryan, a resident at 3501 Corondo Court, addressed the , West University Party, statements made about it by members of the v City Council, the resignation of employees and efficient government. She requested an independent management study be conducted to determine whether or not City government was truly efficient. Kyle Pentecost, a resident of 2606 Centenary, criticized the City Council for not providing information he had previously requested and mistreating citizens who spoke at the previous City Council meeting. ^ " RESOLUTION APPOINTING A MAYOR FOR A DAY: Consideration was given to a resolution appointing a Mayor for a Day. Mayor Johnson read the resolution that follows,: u RESOLUTION NUMBER 91-28 CITY OF WEST UNIVERSITY PLACE WHEREAS, the City of West University Place,is fortunate to have outstanding young people living in the city; and WHEREAS, the St. Vincent de Paul Church School helps provide excellent opportunities for its students; and WHEREAS, Andrew Bueso won the position of Mayor For The Day. ~ !. NOW, THEREFORE, BE IT RESOLVED BY THE CITY. COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City, Council is pleased to have Andrew Bueso as Mayor for the Day. r: LJ Section2~ ' That" the CHy Council hopes Andrew Bueso enjoys this day and remembers it as an opportunity to become better acquainted with his city government. Section 3. That this Resolution be spread in full upon the mi nutesof theC ity 'Council and" the Mayor be, and he is hereby, authorized to del iver to Andrew Blies,o a true copy hereof, signed by each member of the City Council present. ' 3 Regular City Council Meeting, October 28,1991 188 Bob Kelly, Mayor Pro Tem Cullen A. Duke, Councilmember Jim Jenkins, Councilmember Janice H. Lang, Councilmember Attest: Mike Tanner, Acting City Secretary Approved as to Form: James L. Dougherty, Jr. City Attorney A motion was made by Councilmember Jenkins to approve Resolution Number 91-28 as read. Councilmember Duke seconded the motion. The motion was voted on' and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang. None ' None ORDINANCE AMENDING ZONING RULES AND REGULATIONS (PDD-TH6): ConsideratiOn was ~iven ~o the second and final reading of Ordinance Number 1410. Mayor Johnson read the ordinance that follows: , , ORDINANCE NUMBER 1410 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING SCHEDULE PDD-TH6 OF THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WITH RESPECT TO SPECIAL EXCEPTIONS FOR PARKING USE; AND CONTAINING FINDINGS AND PROVISIONS RELATING Tn THE SUBJECT. * * * * * * WHEREAS, the City Council of the City of West University Place, Texas ("Cityll), on October 12,1987, adopted on second reading the City's Ordinance No. 1298 (1I0rdinance No. 129811), which was a comprehensive ,revision and updating of the City's zoning ordinance; and, WHEREAS, the City has operated under Ordinance No. 1298 for more than four years; and, 4 i I I L Regular City Council Meeting, October 28, 1991 189 WHEREAS, the Zoning & Planning Commission has proposed that one of the regulations in Schedule PDD-TH6 of the Zoning Ordinance be amended so as to increase the discretion of the Zoning Board of Adjustment in connection with special exceptions for parking uses in the PDD-TH6 District (the amendment being to change one word "shall" to "may"); and, WHEREAS, the City Council and the Zoning & Planning Commission of the City have held a joint public hearing on October 21, 1991, on the proposed amendment of Schedule PDD-TH6, after giving due notice, and at the hearing all property owners, citizens and interested persons desiring to be heard were afforded an opportunity to be heard; and, WHEREAS, the City received a written protest to the proposed amendment, which was timely filed on behalf of Intercity Investment Properties, Inc.; and, WHEREAS, the Zoning & Planning Commission has made a final report to the City Council with respect to the proposed amendment, in which the Commission discussed several issues, including changes in conditions; and, WHEREAS, the City Council has,considered the report of the Zoning & Planning Commission and iS,of the opinion that conditions have changed as indicated by the Commission, but the City Council is also of the opinion that the proposed amendment,will harmonize the provisions of Schedule PDD-TH6 with the other provisions in the zoning ordinance relating to special exceptions (e.g., Article 11); and, WHEREAS, the City Council has examined the Comprehensive Plan and is of the opinion that the proposed amendment isin accordance with such plan, including particularly the plan's provisions for buffering and protecting residential neighborhoods appearing in Section 2-02; and, . WHEREAS, the City Council believes that the proposed amendment, if adopted, would assist the Zoning Board of Adjustment to carry out and apply the Comprehensive Plan in case there ,are future appl ications under paragraph (d) of Schedule PDD-TH6; and, WHEREAS, the City. Council isof the opinion that the proposed amendment is in the public interest and should be adopted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I: u Section 1. That paragraph II(d)" (relating to an additional use for parking) of Schedule PDD-TH6 of the Zoning Ordinance of the City of West University Place, Texas. (Ordinance No. 1298, as passed on second reading October 12, 1987 as amended to date) is hereby amended so that such paragraph "(d)" shall read in its entirety as follows: (d) Additional Use. 5 Regular City Council Meeting, October 28, 1991 190 The'ZBA may issue a ~~ecial-excepiion for the use of abuilding site for parking of motor vehi'cles iriconnection with nearby commercial activities u~on approval by the ZBA of the types of vehicles to be parked, the design 'of the parki'ng facilities (including landstaping,paving, lighting, si~ns, etc.) and curb cuts, all of which may be included as conditions to the special exception. , , Section 2. This ordinan~eapplies from and after its effective date. 'Any violations committed before the effective date are governed by thezoningordinance in effect before the effective date. The zoning ordinance in effect prior to the effective date is continued in effect for this purpose and also for purposes relating to PNC status and any other purpose required for the application or interpretation of another provision of this ordinance. ' Section 3. All ordinances and parts of ordinances in conflict h~rewith are hereby repealed to the extent of the conflict only, except as otherwise specifically provided. " : ~ , .. Section 4. If any word, phrase, clause, sentence, paragraph,. section or other part of this ordinance or the application thereof to any person or circumstance, shall"ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of'such word, phrase, clause, sentence, paragraph, section or other part.of this ordinance to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient writteh notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussiooi consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. ' Section 6. This ordinance shall take effect on the tenth day following its publication, as provided for in the City Charter. i L PASSED AND APPROVED ON FIRST READING this , 19_ day of Councilmembers Voting Ayed: Councill11embers Voting No: Counci 1 members Absent:' . PASSED AND APPROVED ON SECOND READING this , 19_ Councilmembers Voting Aye: Councilmembers Voting No: day of I i I L h Regular City Council Meeting, October 28, 1991 191 0""" .:~.',~~ . ~:~~L F. CouncilmembersAbsent: Signed: .~ ~~~ . fii tt F. Jo son '-'" Mayor ATTEST: Mike Tanner Acting City Secretary ,Approved as to Form: (SEAL) o James L. Dougherty, Jr. :' :Ci ty. Attorney Copies of Ordinance Number 1410, were presented to the City Council and made available to residents in' attendance. 'i The final report of the Zoning & Planning Commission, which included a recommendation that zoning regulations be amended, was also presented to the City Council. Councilmember Lang stated her support for Ordinance Number 1410. She did not believe the Zoning Board of Adjustment was obligated to approve a special exception for parking lot development. , " Councilmember Jenkins stated his belief the Zoning Board of Adjustment was obligated to approve a special exception for parking lot development and the enactment of Ordinance Number 1410 would not change things. Councilmember Duke stated his agreement with Councilmember Jenkins. He recommended the Zoning & Planning Commission review the Zoning Ordinance to determine whether there were similar problems in other districts. n Councilmember Kelly stated his disappointment that members of the 1987 City Council who had been present would not come forward and explain what they had done. He believed the Zoning Board of Adjustment was obligated and expressed hope the issue could be resolved without 1 itigation. . Mayor Johnson stated his concern for Ruskin Street residents and addressed conditions for parking lot development that had been proposed 7 Regular City Council Meeting, October 28, 1991 by the Zoning Board of Adjustment. He too expressed hope the issue could be resolved without litigation. Mayor Johnson recognized residents who wished to address the issue. Arthur Goldman, a resident at 4032 Ruskin Street, questioned what the 1987 City Council had done and argued that Ordinance Number 1410 had to be retroactive if Ruskin Street residents were to be protected. He stated he was truly distraught and intended to sue if necessary. Councilmember Kelly asked Mr. Goldman if he understood the City Council had done everything it could to help him. Mr. Goldman stated the City Council could and should enact an ordinance that is retroactive. Councilmember Kelly stated his intent to do whatever was legal and the courts demanded. Mr. Goldman asked if the City Attorney had presented a legal opinion. The City Attorney stated the ordinance could not be retroactive. Sal Manzo, a resident at 4036 Ruskin Street, presented a memorandum he asked the City Council to consider during its deliberation. Craig Joyce, a resident at 4107 Ruskin Street and University of Houston law professor, explained the memorandum Mr. Manzo had presented. He requested the language in Ordinance 1410 be changed and urged the City Council to protect Ruskin Street residents. A motion was made by Councilmember Lang to approve the second and final reading of Ordinance Number 1410. Councilmember Jenkins seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang None None ORDINANCE 'REGULATING CATS AND DOGS: Consideration was given to the first reading of Ordinance Number 1409. Mayor Johnson asked Councilmember Duke to read the ordinance that follows: ORDINANCE NUMBER 1409 AN ORDINANCE RELATING TO CATS AND DOGS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. A 192 I i '-- Regular City Council Meeting, October 28, 1991 193 m U BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Section 5-64 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to re~d in its entirety as follows: Sec. 5-64. Dogs At Large; Cat Nuisances. (a) It shall be unlawful for a person to own or harbor a dog which runs at large within the city at any time. (b) It shall be unlawful for a person to own or harbor a cat which, within the city: (i) destroys or damages the property of another person, (ii) deposits any noxious or offensive thing or substance within or upon a building, structure or motor vehicle of another. person or (iii) makes frequent or long continued noise which is disturbing to persons of normal nervous sensibilities. o (c) The culpable or mental state required for violation of this section shall be only the lowest mental state, if any, requir~d by Section 6.02 of the Texas Penal Code, or other controlling statute. However, if no mental state is required by state statute, it is the intent of this section. to dispense with any mental element for offenses under this section. Section 2. Section 5-69 of the Code of Ordinances of the City of West University Place., Texas is hereby repealed~ Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or. unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. n Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place~and subject of each meetingcat which this ordinance was discussed, ' considered or acted upon was given in the manner required by the Open Meetings Law, TEX.. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the, contents and posting thereof. Section 6., This ordinance'takes effect on the tenth day following its publication, as required by Section 2.12 of the City Charter. 9 Regular City Council Meeting, October 28, 1991 PASSED AND APPROVED thi s the ~ y-&.. day of ~~ Voting Aye: Voting No: Absent: , 1991. Signed: ~>~/ Whl tt F. Johns , ayor , ATTEST: Mike Tanner Acting City Secretary Approved as to Form: SEAL James L. Dougherty, Jr. City Attorney Copies of Ordinance Number 1409 were presented to the City Council and made available to the residents in attendance. Councilmember Lang asked the Police.Chi~f if the ordinance could be enforced. The Police Chief stated it could. Councilmember Jenkins questioned the fine that could be imposed for a violation. The Polite Chief stated the initial fine would b~ $50; Councilmember Jenkins questioned how the ordinance would be enforced. The Police Chief stated cats would be caught, impounded and owners fined when cats were claimed. Councilmember Duke questioned ~xisting regulations and stated the proposed ordinance would solve problems associated with cats. Amotion was made by Councilmember Duke to approve the first reading of Ordinance Number 1409. Councilmember Jenkins seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Duke, Kelly, Jenkins and Lang 10 194 i '-- Regular City Council Meeting, October 28, 1991 .19~ Voting No: None Absent: None c ORDINANCE ALLOWING THE USE OF PVCPIPE: Consideration was given to the second and final reading of Ordinance Number 1408. Mayor Johnson read the ordinance as follows: . ""c. ,,~ ~,~~"-,, \.__. - ..c-'~~";.}(j , , ", GRDINANCE NUMBER 1408 AN ORDINANCE AMENDING SECTION 17-17 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TO ALLOW THE USE OF PVC PIPE FOR WATER SERVICE PIPE AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That paragraph (11) (relating to underground materials) of Section 17-17 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended by adding thereto (at the end of such paragraph) the following sentence: "In addition, PVC water pipe (minimum Schedule 40) may be used underground, and not beneath any building, for water service piping, in accordance with Table 500 and other applicable requirements." Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. u Section 3. If any word, phrase, clause, sentence, paragraph, section, other part of this ordina!lce or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by, any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 4. The City Council officially finds, determines and declares that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17 as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED ON THE FIRST READING this the 21st day of October, 1991. Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang 11 Regular City Council Meeting, October 28, 1991 ATTEST: Voting No: None Absent: None Signed: Mike Tanner, Acting City Secretary (SEAL) ~A-~/ -11, tt F. JOhnn-. Mayor. Approved as to Form: James L. Dougherty, Jr. City Attorney PASSED AND APPROVED ON THE SECOND READING this the , 1991. ATTEST: Voting -Aye: Voting No: Absent: Signed: Mike Tanner, Acting City Secretary (SEAL) day of Whitt F. Johnson; Mayor Approved as to Form: James L. Dougherty, Jr. City Attorney Copies of Ordinance Number 1408 were presented to the City Council and made available to residents in attendance. 196 i '-- A motion was made by Councilmember Duke to approve the second and final reading of Ordinance Number 1408. Councilmember Lang seconded the motion. 1? Regular City Council Meeting, October 28, 1991 197 The motion was voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang. None None BID AUTHORIZATION: Consideration was given to the purchase of a recycle truck. The City Manager stated one of several recycle trucks was in a state of dispair, $40,000 had been budgeted to replace it and the Staff requested authorization to bid. Mayor Johnson asked if the truck could be purchased and delivered within the current fiscal year. : The Deputy Public Works Director stated it would be difficult to do so. The bid process is difficult and time consuming. Councilmember Duke asked the Staff to describe the recycle truck desired. [J The Deputy Public Works Director described the recycle truck and its use. A motion was made by Councilmember Kelly to authorize bids for the purchase of a recycle truck.Councilmember Lang seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins'and Lang. None None PAYMENT FOR WATER LINE CONSTRUCTION: Consideration was given to the payment of Monthly estimate:N'o. 6'dil theamol:lntiof $64,167.56 for work performed September 1 through 30, 19.91i n constructi o'n( repl acement) of water 1 ines in Priority Area2b (Academy, Amherst, Bissonnet and West Point) by Reliance Construction. Mayor Johnson recognized the efforts made by Ed Menville and Robert Simpson to improve the information presented to the City Council. He stated the information was easy to understand and woul,d faci 1 itate, the decision making process. [ Mayor Johnson requested a motion. A motion was made by Councilmember Duke to approve payment of Monthly Estimate No. 6 in ,the, amount ::o'f: $64;167',56 cto Re,li,ance ,Construction, Inc.. Councilmember Kelly seconded the motion. The motion was voted on and carried by the following vote: 13 Regular City Council Meeting, October 28, 1991 l~P Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang. None None FUEL STORAGE: Consideration was given to fuel storage, payment of $65,432.46 to Dup's, Inc. for tank removal and Public Works Center remediation. The City Manager presented requests for payment from Dup's, Inc. for fuel storage tank removal and remediation. The first request, payment of $27,084.26 (33% of the original bid), was associated with fuel storage tank removal and required by contract. The second request, payment of $38,348.20, was required by9 change orders. All but one of the change orders authorized Dup's, Inc. to perform remediation the Texas Water Commission (T.W.C.) had ordered. Change orders had been approved by the Staff when necessary. The City Manager asked the Deputy Public Works Director to explain all that had been done. The Deputy Public Works Director described the project, costs and plans to seek reimbursement from the T.W.C.. Councilmember Jenkins questioned written approval and guidelines that would ensure reimbursement. The Deputy Public Works Director stated the T.W.C. provided few things i in writing besides guidelines. He had been assured the City and its L.. contractor were doing everything that could be done. Mayor Johnson asked who would file for reimbursement. The Deputy Public Works Director stated the T.W.C. prefers it be done by a consultant. He recommended Dup's, Inc. be delegated responsibility for reimbursement. They have the information and experience. The Ci ty Manager and Deputy Pub 1 i c Works Di rector reported all that had been done to date. They stated time and the T.W.C. would determine all that the City would do. Councilmember Duke questioned the well and its depth. The City Manager and Deputy Public Works Director presented information concerning the well. Mayor Johnson questioned a parallel well, pilot wells nearby and diversion. Curtis DuPriest of Dups', Inc. stated the City would do the same thing the Chevron station at Kirby and Rice had to do. Mayor Johnson asked if reimbursement would follow the first payment. 1lI. Regular City Council Meeting, October 28, 1991 '", it ,,1'" 9~~ '.,i,:,T:,~ u The Deputy Public Works Director stated the first payment was required by contract. It was not clear whether reimbursement would- be requested. Mr. DuPriest stated the City could file for reimbursement. Councilmember Jenkins questioned reimbursement, the failure of the Staff to present change orders that total $27,000 for City Council approval and incomplete documentation. The Deputy Public Works Director stated the T.W.C. ordered the City to act. He reviewed tasks that were performed and approved the change orders. The City Manager reminded the City Council they had been informed such things could and would happen. He stated things break everyday. The Staff could not wait for City Council approval most of the time. Councilmember Jenkins stated his dissatisfaction there was nothing in writing presented by the T.W.C.. He asked if they had inspected the site. The Deputy Public Works Director stated they made numerous inspections each week. [: r i i Councilmember Kelly questioned the project and its progress. Mr. DuPriest stated there was progress. Remediation associated with the well had not stopped the project. The Deputy Public Works Director stated work would soon be completed on the north side of Milton Street. Mr. DuPriest stated work on the south side of Milton Street would be completed in the near future. Councilmember Kelly asked why the City could not complete everything except well remediation. Mr. DuPriest and the Deputy Public Works Director stated that was exactly what was being done. Everything except well remediation could be completed within 30 to 60 days. u The City Manager stated that the on'ly thing that presents a particular problem is the water well. Councilmember Jenkins asked if it was true the new tank would have to be installed at a different site. The Deputy Public Works Director stated the tank would have to be moved 10 to 20 feet. There was no problem doing such a thing. Mr. DuPriest stated everything except well remediation could be done soon. 15 Regular City Council Meeting, October 28, 1991 200 Mayor Johnson stated a trip to Austin to discuss the project with the T.W.C might be required. Mr. Jenkins stated his concern the new tank would be moved, the cost of L... remediation was unknown and the City might face something similar 30 years from then if the new tank leaked. Councilmember Lang questioned the tank warranty. The Deputy Public Works Director stated the new tank would be monitored electronically. The Staff would know immediately if there was a leak. The City Manager stated the City Council had to decide if they wanted to do something different. Remediation would continue regardless. Councilmember Duke requested the City Council consider payment. He believed the City was obligated Councilmember Duke questioned reimbursement. Councilmember Lang questioned who would file for reimbursement. Mr. Tanner stated that a final decision on reimbursement had not yet been made. Mayor Johnson asked the City Council to consider payment. Motion was made by Councilmember Kelly to approve payment of ~ $27,084.26 required by the original contract and $38,348.20 for Change Orders 1 through 9. The motion was voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Kelly and Duke Councilmembers Duke and Lang None Motion was made by Councilmember Lang to direct the City Manager and City Attorney to review the contract to determine if tank installation could be eliminated. Motion was seconded by Councilmember Duke. The motion was voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Duke, Lang and Jenkins Councilmember Kelly None PUBLIC WORKS CENTER IMPROVEMENT: Consideration for improvement of the Public Works Center located at 3825 Milton was deferred to the next regular City Council meeting. I~ i I I I I "---' CITY COUNCIL MEETING MINUTES: H; n u c II '\'j~ Regular City Council Meeting, October 28, 1991 201 Minutes of a City Council Workshop conducted on October 16, 1991 were presented for consideration. Motion was made by Councilmember Duke to approve the minutes as presented. Councilmember Jen~ins seconded the motion. The motion was voted on and carried by the following vote: Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke Jenkins and Lang None None Voting No: Absent: COUNCIL COMMENTS: Councilmember Jenkins stated he had not seen an ad for City Secretary in Texas Town & City, a T.M.L. publication. The City Manager stated it was not productive to advertise in Texas Town & City. He described the efforts made to recruit a City Secretary. ADJOURNMENT: Motion was made by Councilmember Duke to adjourn the meeting. Councilmember Jenkins seconded the motion. The motion carried and the meeting adjourned at 11:35 p.m.. 1f<<~.l7~ Mayor Mike Tanner City Manager 17 202' i i I '- [ . .-~~. :..; : - n o r I 203 CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 4, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** The City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, November 4, 1991. Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang were present. The City Manager, City Attorney, Finance & Administration Director, Public Works Director, Police Chief, Fire Chief and Administrative Secretary were also present. The meeting was called to order at 7:25 p.m.. DISCUSS PROPOSED 1992 BUDGET The City Council reviewed the Proposed 1992 Budget. The Finance & Administration Director presented changes that had been requested by the City Council at previous budget workshops. The City Council discussed individual and general compensation at length. A maximum pay increase of 6% and the other benefits presented in the budget were supported. The City Council agreed to study all forms of compensation in the first months of 1992 (A total of $35,000 was budgeted to engage qualified consultants). FUEL STORAGE The City Council discussed an ammendment to the contract with Dup's, Inc. that would eliminate installation of a new fuel storage tank and permit the City to utilize fleet cards at retail gas stations. Legal constraints and methods required to purchase retail fuel with fleet cards were reported by the City Manager. He stated additional time would be required to study the issue. The City Council determined additional information was required to make a good decision and directed the City Manager to gather it. COUNCIL COMMENTS: Councilmember Lang requested an item be placed on the agenda of the November 11, 1991 City Council meeting that would permit discussion of comtemptuous builders. Councilmember Kelly requested an agenda item that would permit the position of City Secretary to be discussed. ADJOURNMENT: A motion was made by Councilmember Duke to adjourn. The motion was seconded by Councilmember Kelly and the workshop adjourned at 9:50 p.m. . ~~ Whitt F. John n. , , Mayor . Mike Tanner City Manager 204 i I I '---' .....--- I I I I I '- I I '-- :~\;: ~~ ~205 rl REGULAR CITY COUNCIL MEETING NOVEMBER 11, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** [1 The City Cou~cil convened in regular session in the Council Chambers of the Municipa1 Building (3800 University Boulevard) on November 11, 1991. Mayor Johnson, Councilmembers Kelly, Jenkins and Lang were present. City Manager Mike Tanner, City Attorney Jim Dougherty, Public Works IDirector Ed Menville, Finance and Administration Director Donna Sims, ~olice Chief Steve Griffith, Fire Chief Terry ,Stevenson, Building Official Ed Beasley and Administrative Secretary Nancy Daven were a1so present. Mayor Johnson delivered the invocation and Councilmembe~ Kelly led the Pledge of Allegiance. I HEARING OF RESIDENTS: i I Mayor Jdhnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previou~ly been submitted to the City Manager. . I VirginiJ McNeeley, a resident at 2923 Wroxton,questioned the disposition of a tree,preservation ordinance that had been present~d to the City Council and an America the Beautiful Grant. Mayor JJhnson sta'te'd the proposed I:ordi na!nce had been referred to the City Attorney for legal review, the grant had been approved and matdhing funds appropriated. I I Jim Dougherty, City Attorn~y, stated a legal review was necessary. councilJember Kelly stated that a Resolution adopted at the I August 12, 1991 regular City Council meeting appropriated $10,000Joo to match:,the grant. He reqirested a' workshop to work on the proposed ordinance. . '; " ,', , I :; ,1 , " ,': ' Diane F~eeman, a resident at 3814 Sunset, verified the grant had been approved and presented statements from residents that support~d ,a treepreservat;on~,ordinance.' She requested the City Councillconsider the .ordinance presented by the Tree People at is next reQular meeting.' . i Mayor J6hnson assured Ms. Freeman the City Council would act. He stated the City Council was concerned about tree destruction and request~d media representatives present that fact to the public. I ' . :, ! , , , Bill Jo~dan, a resident at 3836 Browning Street, complained he had been cited for illegal parking on College and requested it be curbed. I I I I I , [[1 Regular City Council Meeting, November 11, 1991 >"f):'Q"', 2!-~:~- CouncilmemberJenkins'questioned Mr. Jordan and his complaint. He stated neigbors and area residents had complained about cars Mr. Jordan had illegally parked. Steve Weber, a representative of AT&T, stated his interest in telephone improvement, questioned the proposal by Southwestern Bell and recommended the City bid new equipment. Sue Edelman, a resident at 6535 Vanderbilt, complained about Lovett Homes and its cohstruction of a new home next door. She demanded the City act on her complaint. Councilmember Kelly stated the Ci ty Counci 1 agreed that something must be done to ensure code compliance and would stop construction if necessary. Councilmember Lang stated her dissatisfaction with code compliance. Buddy Bell, a resident at 4038 Swarthmore, complained about Lovett Homes construction and questioned fuel storage tank i nsta 11 ati on. Bob Whitman, a resident at 4103 Milton, complained: about dogs at large and demanded the Allimal.Control Ordinance be enforced. Penny Kroll, a resident at 2712 Arbuckle, opposed the reduction in swimming pool hours. She stated the reduction made it difficult ,for many to swim. Mayor Johnson stated swimming pool ,hours would be formally considered at the next regular City Council meeting. RECYCLING: The City Manager presented a door hanger that had been prepared by the Recycling Committee to promote recycling. A motion was made by Councilmember Lang to approve the door hanger. The motion was seconded by CouncilmemberJenkins. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Lang and Ke 11 y None Counci,lmember Duke TELEPHONE SYSTEM IMPROVEMENT: Mayor Johnson introduced Robin Dean Granhold, an account representative with Southwestern Bell, who presented a proposal to improve the telephone system in City Hall. ? .?' ~ :~:' \.....' "',.. Regular City Council Meeting, November 11, 1991 ~U"j n Mayor Johnson stated telephone improvement would have to be formally bid. The City Attorney confirmed formal bid requirements. He stated the cost of telephone system improvement and the number of vendors demanded it. Ms. Granhold stated her disagreement, cited the number of cities that had not bid telephone system improvement and requested the Southwestern Bell proposal be returned. A motion was made by Councilmember Jenkins to prepare plans, specifications and bid a new telephone system. Councilmember Kelly seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Lang and Ke 11 y None Councilmember Duke PAVING LIEN: [ Mayor Johnson presented a letter from Mr. and Mrs. David M. Teasley, owners of a home at of 2812 University, that requested a reduction of a dated paving lien. The City Attorney stated that the lien was valid. He recommended the ordinance be reviewed to verify the amount due. The Finance, and Administration nirector presented the paving lien. policy. The paving lien filed against the home at 2812 University had been treated no different than others. Mayor Johnson suggested the Staff notify the owners of property that has had a paving lienfi'led against it. A motion was made by Councilmember Kelly to direct Staff to recalculate the paving lien filed aginst the property at 2812 University, review policy and recommend changes if necessary. The motion wasseconded by CouncilmemberJenkins. The motion was voted on with the following vote: lJ Voting Aye: Voting No: Absent: Mayor Johnson, Councilmembers Jenkins, Lang and Ke 11 y None. , Councilmember Duke 3 ~. - ~." Regular City Council Meeting, November 11, 1991 ~;2~O~ ORDINANCE AMENDING ZONING RULES AND REGULATIONS: Consideration was given to the second and final reading of Ordinance number 1410. Mayor Johnson read the ordinance that follows: ORDINANCE NUMBER 1410 AN ORDINANCE RELATING TO ZONING AND LAND USE; AMENDING SCHEDULE PDD-TH6 OF THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WITH RESPECT TO SPECIAL EXCEPTIONS FOR PARKING USE; AND CONTAINING FINDINGS AND PROVISIONS,' RELATING 'TO THE SUBJECT. ! * * * * * * * * * WHEREAS, the City Council of the City of West University Place, Texas ("City"), on October 12, 1987, adopted on second reading the City's Ordinance No. 1298 ("0rdinance No. 1298"), which was a comprehensive revision and updating of the City's zoning ordinance; and, WHEREAS, the City has operated under Ordinance No. 1298 for more than four years; and, WHEREAS, the Zoning & Planning Commission has proposed that one of the regulations in Schedule PDD-TH6'ofthe Zoning Ordinance be amended so as to increase'the dis'cretion of the Zoning'Board of Adjustment in connection with special exceptions for parking uses in the PDD-TH6 District (the amendment being to change one word "shall" to "mayU);and,' WHEREAS, the City Council and the Zoning & Planning Commission of the City have held a joint public hearing ohOctober 21, 1991, on the proposed amendment of 'Schedule PDD;..TH6, after giving due notice, and at the hearing all property'owners, citizens and fnterested persons desiring to be heard were afforded an opportunity to be heard; and, WHEREAS, the City recei veda~o wri tten protest to the proposed amendment, which was timely filed on behalf of Intercity Investment Properties, Inc. and " " WHEREAS, the Zoning &' Planning Commission has made a final report to the City Council with respect to the proposed amendment, in which the Commission discussed several issues, including changes in conditions; and, . WHEREAS, the City Council has considered the report of the Zoning & Planning Commission and is of the opinion that conditions have changed as indicated by the Commission, but the City Council is also of the opinion that the proposed amendment will harmonize the provisions of Schedule PDD-TH6 with the other provisions in the zoning ordinance relating to special exceptions (e.g., Article 11); and WHEREAS, the City Council has examined the Comprehensive Plan and is of the opinion that the proposed amendment is in accordance with 4 ~~:~ i~f :~ .; [: " , IT n Regular City Council Meeting, November 11, 1991 ""'[2' 'Dc . ,_-F _ '" such plan, including particularly the plan's provlslons for buffering and protecting residential neighborhoods appearing in Section 2-02; ~nd WHEREAS, the City Council believes that the proposed amendment, if adopted, would assist the Zoning Board of Adjustment to carry out and apply the Comprehensive Plan in case there are future applications under paragraph (d) of Schedule PDD-TH6; , WHEREAS, the City Council is of the opinion that the proposed amendment is in the public interest and should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That paragraph "(d)" (relating to an additional use for parking) of Schedule PDD-TH6 of the Zoning Ordinance of the City of West University Place, Texas (Ordinance No. 1298, as passed on second reading October 12, 1987 as amended to date) is hereby amended so that such paragraph "(d)" shall read in its entirety as follows: (d) Additional Use. The ZBA may issue a special exception for the use of a building site for parking of motor vehicles in connection with nearby commercial activities upon approval by the ZBA of the types of vehicles to be parked, the design of the parking facilities (including landscaping, paving, lighting, signs, etc.) and curb cuts, all of which may be included as conditions to the special exception. Section 2. This ordinance applies from and after its effective date. Any violations committed before the effective date are governed by the zoning ordinance in effect before the effective date. The zoning ordinance in effect prior to the effective date is continued in effect for this purpose and also for purposes relating to PNC status and any other purpose required for the application or interpretation of another provision of this ordinance. Section 3. All ordinances and parts of ordinances in c~nflict herewith are hereby repealed to the extent of the conflict only, except as otherwise specifically provided. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the datet hour, place and 5 Regular City Council Meeting, November 11, 1991 1- e~o subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by ~- law at all times during such discussion, consideration and action. The City Counc'il ratifies, approves and confirms such, notices and the contents and posting thereof. . Section 6. This ordinance shall take: effect on the tenth day following 'itspuhlication,as provided for in the City Charter. PASSED AND APPROVED ON FIRST READING this 28th day of October, 1991. Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang None None PASSED AND APPROVED ON SECOND READING this , 1991. Voting Aye: Voting:Nay: Absent: day of I '-- Signed: . ~r. ~z::.~ 1 tt . Jo ' Mayor ' ATTEST: Mike Tanner Acting City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney I '-- h Regular City Council Meeting, November 11, 1991 >:t;~~l, .;<~. . n Copi es of Ordi nance Number 1410 were presented to the City Council and residents in attendance. A motion was made by Councilmember Lang to approve the second and final reading of Ordinance Number 1410. Councilmember Jenkins seconded the motion. The motion was voted on with the following vote: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Lang and Kelly None Councilmember Duke PROPERTY AND LIABILITY INSURANCE BIDS: o The Finance & Administration Director presented a report on insurance (Property and Liability) bids opened at the October 21, 1991 regular City Council meeting. She was supported by B.W. Payne, a resident (2703 Tangley) and an insurance agent who volunteered to assist. They recommended the bid of $430,294.00 submitted by the Texas Municipal League (T.M.L.) Intergovernmental Risk Pool be accepted and approved. Councilmember Lang questioned pre-employment physicals. Mayor Johnson questioned the anniversary date of existing insurance coverage. The Finance & Administration Director stated it was October 1, 1991. She said the City had operated month to month since then. Councilmember Lang questioned deductibles. Mr. Payne discussed deductibles and recommended the minimum. A motion was made by Councilmember Jenkins to accept the T.M.L. proposal, instruct Staff to review the 7 recommendations outlined in Mr. Payne1s letter of October 30, 1991 and return to Council with a recommendation. Councilmember Kelly seconded the motion. Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Lang and Ke 11 y None CouncilmemberDuke. n Daisy Palmer, a T.M.L. representative, said her organization had a safety program that could benefit the City. Mayor Johnson asked the City Manager to investigate it. 7 c;o"2j""1 ~? 'f .'.-~,.~ ' .l<:."W'. ~......., .'C-.. Regular City Council Meeting, November 11, 1991 PUBLIC WORKS CENTER IMPROVEMENT: Consideration was given to Public Works Center improvements. The City Manager addressed the subject and asked the Public Works Director to report. The Public Works Director said the condition of the Public Works Center was poor. His primary concern.was the structural integrity of a parking bay in the south yard. The structure is dangerous (A term used by a structural engineer who inspected it) and must be addressed (He estimated the cost to repair it would be $80,000.00). He presented a list of secondary concerns that included inadequate, locket room (Shower, dressing and restroom facilities), extremely limited storage, inadequate office space that failed to relate and a poor facility appearance. The Public Works Director estimated it would cost a minimum of $260,000.00 (Architectu,raland engineering fees not included) to address primary and secondary concerns. Councilmembers Kelly questiohedneeds. Mayor Johnson took exception to the report of the structural engineer and the cost to rehabilitate the Public Works Center. The City Manager said the high cost of rehabilitation required the study of alternatives. He recommended,an architect be engaged for a negotiated Tee. Councilmembers Jenkins stated his dissatisfaction with the Public Works Center, suggested the study and improvement. The Staff was directed to present a proposal for an, architectural study of the Public Works Center at the next regular CitjCouncil meeting. PAYMENT OF LEGAL SERVICES: Consideration was given to payment of $3,897.20 to the City Attorney for legal services provided to the City during the month of October 1991-. Motion was made by Councilmember Jenkins to pay the legal fees in the amount of $3,897.20. Council member Lang seconded the motion. The motion was voted on with the following result: , Voting Aye: Voting Nay: Absent: Mayor Johnson,Councilmembers Kelly, Jenkins and Lang None Councilmember Duke HARRIS COUNTY APPRAISAL DISTRICT PAYMENT: Consideration was given to the payment of $8,684.00 to the Harris County Appraisal District for services provided during the first quarter of the year. i I L-, A Regular City Council Meeting, November 11, 1991 .' '''''1 a -<,,~~ ;~. ~ . /--,. " " nl,.. lJJ Motion was made by Councilmember Jenkins to pay the payment of $8,684.00 to the Harris County Appraisal District for services for the first quarter. Councilmember Lang seconded the motion. . The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Jenkins and Lang None Councilmember Duke Mayor Johnson called a recess at 9:52 p.m.. The meeting reconvened at 10:05 p.m. SCOUT HOUSE REPLACEMENT: o John Stone, an arichtiect with Mitchell Carlson & Associates, presented a schematic design for a new Scout House. The proposed structure would have 2,000 square feet in area (500 square feet more than its predecessor), comply with code, require limited maintenance, meet aesthetic demands and serve a multitude of uses. He said the cost of construction would exceed $100,000.00. Mayor Johnson opposed spending $100,000.00 or more to construct a new Scout House. ' " . . ! Councilmember Kelly supported the design presented. He said the Scout House would serve a significant number of people and a multitude of u~~s. ',. Mayor Johnson questioned the need for architectural servjces and a, $10,000.00 fee ($3,000.00 for schematic design, $7,000.00 for plan preparation and construction). Mr. Stone discussed the architectural fee and services provided. The City Manager discussed objectives the architect was required to meet. Mr. Stone said he could reduce the cost of construction by reducing the height of the bUilding:, changing the truss system, eliminating masonry and using aluminum framed windows. He made it clear the building would have a plain appearance if such things were done. n The architect was directed to present less expensive alternatives at the next regular City Council meeting. CODE ENFORCEMENT: The City Manager asked the Public Works Director and Building Official to address code enforcement. 9 Regular City Council Meeting, November 11, 1991 " r ;, ;-. ! gfl4 ~c~ The Public Works Director stated his department is developing internal standards that will reduce if not eliminate complaints associated with code enforcements. The Building Official identified problems and recommended changes in code enforcement that would solve them. He said stop work orders should be used to ensure code compliance. Mayor Johnson asked if a written notice or warning should precede stop work orders. The Building Official said a written warning should be issued before work is stopped. Kyle Pentecost, a resident at 2606 Centenary, stated the City of Houston issues stop work orders with a bright orange sticker and charges the builder a $35.00 re-inspection fee before construction resumes. Mayor Johnson said he did not want to restrict now home construction or discourage qualified builders. The City Attorney said care should be exercised if stop work orders are to be issued. Councilmember Jenkins supported the use of stop work orders. Councilmember Lang said ordinances should be enforced. She supported the use of stop work orders but insisted a warning be issued first. Councilmember Kelly said builders should be informed the policy has changed and notified in writing before stop work orders are issued. The Building Official said builders will be informed the policy has changed and instructed at a December 3,1 991 meeting. Councilmember Lang said the building inspectors should conduct general inspection. She felt inspections were conducted and unrelated code violations not found. The Building Official said the inspector had been instructed to conduct general inspections. The City Manager repeated the new building inspector had started work that day. He said the Building Division would be more effective. Buddy Bell, a resident at 4038 Swarthmore, questioned teh construction of a new home on Swarthmore. The Building Official addressed construction of the new home. The Staff was directed to study code enforcement in other cities, prepare a plan that featured the use of stop work orders and draft an ordinance thta could be considered by the City Council. 10 > e .; -,' Regular City Council Meeting, November 11, 1991 ;,~: ~15 n FUEL STORAGE: The City Manager asked the Fire Chief to present information requested by the City Council. The Fire Chief presented a report that included the cost to purchase fule. Councilmember Jenkins discussed fuel storage, recommended the contract with Dup's be amended and the City utilize fleet cards to purchase fuel. a motion was made by Councilmember.Jenkins to change the Dup's contract, cancel the purchase of all gas storage, dispensing and monitoring equipment, let Dup's continue the remediation work, and implement a fleet accounting system. The motion was seconded by Councilmember Lang. Councilmember Kelly opposed privatization of fuel storage. He did not want vehicles to leave the City to refuel. Mayor Johnson expressed doubt and called for a vote. The motion was voted on with the following result: c Voting Aye: Voti ng Nay: Absent: Councilmembers Jenkins and Lang Mayor Johnson and Councilmember Kelly Councilmember Duke PAYMENT FROM CITIZENS PARK FUND: Consideration was given to the transfer of $9,000.00 from the Citizens Park Fund to develop a playground at the West University Elementary School. A motion was made by CouncilmemberLang to transfer funds in the amount of $9,000.00 for playground development. Councilmember Jenkins seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: n Mayor Johnson, Councilmembers Kelly, Jenkins and Lang None Councilmember Duke 11 Regular City Council Meeting, November 11, 1991 ORDINANCE REGULATING CATS AND DOGS: Consideration was given to the second reading of Ordinance Number 1409. The caption that follows was read by, Councilmember Jenkins: ORDINANCE NUMBER 1409 AN ORDINANCE RELATING TO CATS AND DOGS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1409 were presented to the City Council and residents in attendance. A motion was made by Councilmember Lang to approve the second reading of Ordinance Number 1409. Councilmember Kelly seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson Councilmembers Kelly, Jenkins and Lang None Councilmember Duke CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meeting: (a) City Council Regular Session on October 21, 1991 A motion was made by Councilmember Kelly to approve the minutes as presented. Councilmember Jenkins seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson,Councilmembers Kelly, Jenkins and Lang None Councilmember Duke COUNCIL COMMENTS: No comments were made by the Mayor or Councilmembers. STAFF REPORT: No comments were made by the City Manager or Staff. 1? " ,;C '05316: ~,,"~~F~ . ---..-----'-._--.:;:.-~~ i I \ L '-- i I I I I L ;~. i: r ~_. '\" .>:.. ~ n ['., : i n Regular City Council Meeting, November 11, 1991 -;217' f1,~. "': :; j- ADJOURNMENT: A motion was made by Councilmember Lang to adjourn. Councilmember Kelly seconded the motion andthe meeting adjourned at 12:00 a.m.. 4Ji.'.// ~ ./ Whitt F. Jo~ on - Mayor Mike Tanner City Manager 13 :y, !'l'( 8 '. ,. -..,.~ l L I '-- I : I ! , I L (~. ~ : 0'" "It , f~ . ~r .' ~!'. l I I ! m -'J~'l~ ~, .' . PUBLIC HEARING AND SPECIAL CITY COUNCIL MEETING NOVEMBER 18, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. *********************************** The City Council convened insp,ecial. sessiorJ in the Council Chamber of the Municipal Building (3800 University Boulevard) on November 18, 1991. Mayor Johnson, Councilmembers Duke, Jenkins, Lang and Kelly were present. The City Manager, Publ ic Works Director, Deputy Publ ic Works Director and Administrative Secretary were also present. A quorum was established and Mayor Johnson called the meeting to order at 7:30 p.m.. PUBLIC HEARING TO CONSIDER THE 1992 PROPOSED BUDGET: Mayor Johnson as ked Mi ke Tanner, Ci ty Manager, to present the proposed budget. The City Manager presented a $12,690,000.00 budget predicated on a $.325 ad valorem tax rate. He stated the budget and tax rate had decreased. Mayor Johnson asked if residents present wished to ask questions. Chuck Gillan, a resident at 3620 Georgetown, questioned the number of new homes that:would be built in 1992, economic decline and the ability of the City to react to it. The City Manager stated a significant number of new homes would be constructed in 1992. The Staff would recognize an extended decrease in construction and react appropriately. Mayor Johnson stated the budget was predicated on the construction of 150 new homes~' The 1991,Budget.had,been predicated'on 165. The City Manager stated the nature of new construction (Expensive custom hous~s) ,i n ,W'est Uni vers i ty Pl ace reduced the exposure of the City. ' .f j' . " l , . ~, , Mayor Johnson closed the Public Hearing. ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1991: Consideration was given to the first reading of Ordinance Number 1412. Mayor Johnson read the caption of the ordinance that follows: ' Public Hearing and Special City Council Meeting, November 18, 1991 ");in" ~~; ORDINANCE. NUMBER 1412 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. , i ! \ I \ I "-- Copies of Ordinance Number 1412 were presented to the City Council and residents in attendance. A motion, was made by Councilmember Duke to approve the first readi ng of Ordi nance Number 1412. Counci lmember Ke lly seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson,'Councilmembers Kelly, Duke, Jenkins and Lang None None ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR 1991: Consideration was given to the first reading ofOrdinatice Number 1411. Mayor Johnson read the caption of the ordinance that follows: : I L- ORDINANCE NUMBER 1411 AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR TAX YEAR 1991; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1411 were presented to the City Council and residents in attendance. A motion was made. by 'Councilmember Lang to approve the first reading of Ordinance Number 1411. Councilmember Duke seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang None None ORDINANCE AMMENDING THE 1991 BUDGET: The City Manager requested the item be tabled until the November 25, 1991 regular City Council meeting. ? ~. ~~~~~ l ~ ',It :r:: Public Hearing and Special City Council Meeting, November 18, 1991 ~. , " mn' " , ,n t' , " " . A motion was made by Councilmember Duke to table Ordinance Number 1413 until the November; 25, 1991 regular City Council meeting. Councilmember Lang seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang None None FUEL STORAGE: Consideration was given to matters related to fuel storage, services performed by Dup's, Inc. and associated costs. A motion was made by Councilmember Duke to table consideration of the item due to the amount of time spent on the issue and lack of new information. The motion was seconded by Councilmember Kelly. c Councilmember Jenkins presented the cost to purchase gasoline and diesel. He stated the City would save little storing fuel ($.06 to $.10 a gallon), bear unnecessary administrative costs and increase its liability. Chuck Gillan questioned the source of diesel and cited problems associated with private fuel storage. Councilmember Jenkins stated the City purchased fuel from the City of Bellaire and addressed problems cited. Mayor Johnson stated the item had been thoroughly studied, debated and called for a vote. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly and Duke Councilmembers Jenkins and Lang None COUNCIL COMMENTS: Councilmember Jenkins questioned the table and date fuel storage would be considered. n '---' Mayor Johnson stated the City Council should set a deadline for the contractor to install a new fuel tank. Councilmember Kelly reminded the City Council the contractor had stated a new tank could be installed by December 31, 1991. He stated that would be a reasonable deadline. 3 1>~:R). ;t~..~~'/. Public Hearing and Special City Council Meeting, November 18, 1991 Mayor Johnson stated a 30 day deadline would be set. Councilmember Jenkins questioned the scope of the project. Mayor Johnson addressed the project scope. The City Manager stated progress had been made, explai'ned why the project was so slow and stated he would travel to Austin to meet with Texas: Water Commission representatives the next week. ADJOURNMENT: A motion. was made by Councilmember Duke to adjourn the Special Session. Councilmember Kelly .seconded the motion. The motion carried and the meeting adjourned at 8:25 p.m.. .{~~r-~~ Whitt . 0 on Mayor L Mike Tanner City Manager L., ,223 ' n REGULAR CITY COUNCIL MEETING NOVEMBER 25, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD:. 7:30 P.M. **************************************** The City Council ,convened in regular .session in the Municipal Building (3800 University Boulevard) on November 25, 1991. Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang. City Manager Mike Tanner, City Attorney Jim Dougherty, Public Works Director Ed Menville, Police Chief Terry Stevenson, Administrative Secretary Nancy Daven, Recreation Manager Lisa Davis and Assistant Recreation Manager Randy Vanderheiden were also present. Mayor Johnson delivered the invocation and Councilmember Duke led the pledge of allegiance. HEARING OF RESIDENTS: Mayor Johnson invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City ,Manager. No one present wished to speak. D CITIZENS RESPONSE TO AGENDA ITEMS:. Mayor Johnson invited residents who wished to address a specific agenda item to speak at this time. Chuck Gillan, a resident at 3620 Georgetown, discussed privatization and the need to pl~n. Kyle Penteco-st- a' resident'at' 2606 Centenary ,. asked to speak at the tme code enforcement was discussed. n , ' Myers Hammond, a resident at 4016 Ruskin, addressed the decision of the Zoning Board of~ Adjustment (Z.B.A!.) toto 'reject a special exception for parking lot construction and thanked the City Council for its help. Linda Day, a resident at 4224 Lehigh, addressed the preservation of trees, presented statements in .su'pport of t~e proposed Tree Ordinance and suggested Austin Urban Forester Jim Rhoades be invited to a January workshop to discuss the issue. Councilmember Jim Jenkins asked if the citizens who signed the statements had read the proposed ordinance. Ms. Day said the citizens had not all seen the ordinance in full, but, had seen the basic,outline. Mayor Johnson said the City Attorney had begun a legal review of the proposed ordinance. He said a workshop would be scheduled when the legal review was completed. Regular City Council Meeting, November 25, 1991 ','" -") ,gn4 : '.i~",.,_~_~ _. ! Counci lmember Bob Kelly requested Jim Rhoades presence at that workshop. Bob Park, a resident at 3752 Plumb, addressed reorganization and recommended the City council find a way to retain a Senior Services employee whose position had been abolished. Suzanne Thomas, a resident at 3936 Byron, complained about a tree the City removed from her front yard, a tree the City damaged in her back yard and a street repair (asphalt overlay) on. Weslayan. The Ci ty Manager and Public Works Di rector addressed her complaints. John Valcik, a resident at'2801 Bissonnet and West University Place Townhouse Civic Club representative, complained that George M. Construction damaged private property and created a drainage problem when it replaced the sewer line behind the townhouse development. The Public Works Director said the problem had been identified and would soow be solved. Penny Kroll, a resident at 2712 Arbuckle, said she would speak at the time pool hours were discussed. . ORDINANCE ADOPTING THEcBUDGET FOR FISCAL YEAR 1992: L Consideration was given to the second and final reading of ; Ordinance Number 1412. The ordinance establi'shes a 1992 Fiscal Year Budget of $12,690,000. Mayor Johnson read the ordinance that follows: ORDINANCE NUMBER 1412 AN ORDINANCE APPROVING AND, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, as required by the City Charter and state law, the City Manager has prepared and submi tted to the Ci ty Counci 1 a budget wi th estimates of expenditures and revenues of all city divisions and activities for the year beginning January 1, 1992, and ending December 31, 1992; and WHEREAS, such budget has been timely filed with the City Secretary, the City' Counci:l has hac! sufficient time to review and revise such budget and notice of a public hearing upon such budget has been duly given; and ? l~~ ~~ ~~ a m Regular City Council Meeting, November 25, 1991 "~22'5 1l.; ~" t . A" ._ r f ~ .:.<.: WHEREAS, a public hearing has been held, and all. taxpayers and interested persons were provided an opportunity to attend and participate in such hearing; and WHEREAS, public participation, input and suggestions regarding the budget have been received and considered by the City Council, the budget has been amended' as' des i red by the City Council, but the City Counci 1 has not reduced the amount requi red for debt servi ce, or for estimated cash deficit, or by law or Charter, and the City Council fi nds and determi nes that the author.i zed expendi tures in the budget document attached to this ordinance do not exceed the total estimated income plus funds available from earlier years; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The matters and facts set out in the preamble of this ordinance are found and determined to be true and correct and are hereby approved and adopted by the City Council. Section 2. A budget for the City of West University Place, Texas, for the fiscal year beginning January 1" 1992, and ending December 31, 1992, is hereby approved and adopted in the form shown in Exhibit A, attached hereto Bnd made a part hereof for all purposes. Funds in the total sum of $12,690,000 are hereby appropriated from the sources descri bed, in such budget. for the purposes descri bed, in, such budget. i, Section 3. That this ordinance approving and adopting a budget for the twelve-month period hereinabove ~pecified is made in all things in accordance with the terms and provisions of the City Charter of the CitY,of West University Place, Texas and the laws of the State of Texas and shall be interpreted and construed i~ compli~nce therewith. Section 4. If any word, phrase, clause, sentence,' paragraph, section or other part, ,of th.i,s, ordinance or the, appl ication thereof to any person or circumstance, ',shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not. be affected thereby. Section. 5. All. ordtnances and parts of ordinances in confl ict herewith are hereby repealed to the extent of the conflict only. Section 6. The City Council officially finds, determines and declares that a sufficient ,wrUten notice :of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX~ REV.. i CIV'.STAT. ANN.:art. 6252-"17, .as amended, and that each, such meeting has been open to the public as required by law at all times during~suchdiscussion, consideration and action. The 3 Regular City Council Meeting, November 25; 1991 City Counci 1 rati fies, approves and confi rnis, such noti ces and the contents and posting thereof. . Section 7. This' ordinance shall take effect immediately upon its adoption and signature. PASSED AND APPROVED ON FIRST READING this 18th day of November, 1991. Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang, Jenkins None None PASSED 'ANrr APPROVED ON SECOND AND FINAL READING this , 1991. Voting Aye: Voting Nay: Absent: day of A motion was made by Councilmember Kelly to approve the ordinance as written. The motion was seconded by Councilmember Duke. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Coimcilmembers Kelly, Duke, Jenkins and Lang None None ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR 1991: Consideration was given to the second and final reading of Ordinance Number 1411. The City Manager stated the effective ad valorem tax rate would be $.325. $.695 would serve debt, $.2555 would be used for maintenance' and operation. Mayor Johnson read the ordinance that follows: ORDINANCE NUMBER 1411 AN ORDINANCE LEVYING AND' ASSESSING AD VALOREM TAXES FOR TAX YEAR 1991; CONFIRMING'AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of West University Place, Texas (the "City") has bonds outstanding which are payable from"ad valorem'taxes; 'and WHEREAS~' although the ordinances authorizing such bonds contain general levies of taxes, it is necessary for the City Council to fix a specific rate of tax for tax year 1991, based on the City's tax rolls 4 C" tJi)rg'Q :~:-:r~'o [ [ u~ Regular City Council Meeting, November 25, 1991 ~q,q7 'tZ~~ ~ tw for tax year 1991 whi ch have been prepared and reviewed by the Harri s County Appraisal District; WHEREAS, the tax rate for tax year 1991 must not only provide funds suffi ci ent for debt servi ces on the City's bonds but must a 1 so provide for maintenance and operation of the City; WHEREAS, the assessor arid collector of taxes for the City ("Assessor") has certified an anticipated collection rate to the City Council, has performed the calculations, required by Section 26.04 of the Texas Tax Code, has reported the tax rate and other information required to be reported to,the City.Council and has published the information required to be published, having been designated to do so by the City Council; WHEREAS, the ,City Council has caused notice of this meeting to be given and the City Council has otherwise complied with the Texas Tax Code; NOW, THEREFORE, BE'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ~ Section 1. The matte.rs and facts set out in the preamble of this ordinance are found and determined to be ,true and correct, and the City Council adopts, confirms and ratifies all of the calculations, publications, notices and other preparatory steps preceding the consideration of this ordinance. Section 2. The City Council hereby levies, assesses and adopts the following tax rate per $100 of valuation for tax year 1991, such tax being levied and assessed upon all property subject to taxation by the City: $ 0.2555 $ 0.0695 $ 0.325 for purposes of maintenance and operation for purposes of debt service total tax rate m Secti on 3. Such tax is hereby 1 evi ed and assessed in accordance with the terms and provisions of Article VIII of the City's Charter and the Constitution and laws of the State of Texas, and such levy and assessment are made to provide funds for the 1992 budget of the City for the purposes indicated~ Section 4. The Assessor is hereby directed to assess and collect taxes on all property subject to taxation by the City on the basis of 100% of the assessed ,valu~tion thereof at the rate set by this ordinance. The taxes levied ,hereby shall be delinquent after January 31, 1992. Secti on 5. The City Counc i 1 hereby confi rms and regrants the following exemptions, subject to the legal requirements applicable to each such exemption: 5 fJ')~ r i....C,~t:. Regular City Council Meetirig, November ~5~ 1991 (i) $42,850.00 of the appraised value of theresi dence homestead of each individual who is 65 or'older. . (ii) the statutory exemption for each disabled veteran. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconStitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, secti on or' other part of thi s ordi nance to any other persons or circumstances shall not be affected thereby. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. ' The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meeti ngs Law, TEX. REV. CI V . STAT. ANN. art. 6252-17,' as, amended, and that each such meeting has been open to the publ ic as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posti ng thereof., Section 9. This ordinance shall become effective from and after its passage and signing as provided by law. i ! '-- PASSED AND APPROVED ON FIRST READING this , 1991. Voting Aye: Voting No: Absent: day of PASSED AND APPROVED ON SECOND AND FINAL READING this of , 1991. , Voting Aye: Voting No: Absent: day Signed: ~.~ ' " 1# . ~~ ,/ l1itt-F. Johns -. ayor n Regular City Council Meeting, November 25, 1991 ~-- <~ ,<.22~ ,. .:r m ATTEST: Mike Tanner City Manager Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney A motion was made by Councilmember Jenkins to approve the ordinance as writt~n. The motion was seconded by Councilmember Lang. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Jenkins and Lang None None BID OPENING FOR SANITARY SEWER IMPROVEMENTS,:,. o Sealed bids for Priority Area 4 Sanitary Sewer Improvements were opened by the City Manager and read by consulting City Engineer Dieter Ufer of Langford Engineering. The following bids were read: Bidder: Base Bid: Alt 1: Alt 2: Calco $649,845 , $672 ,945 $675,195 The Conlsulting Engineer said that Calco' had added its base bid and alternate bi ds. Bidder: Base Bid: Alt 1: Alt 2: Boyer, Inc. Whi te 1 ak, Inc. RWL Const. Co. George M Const. $933,228 $633,440 $769,880 $583,208.50 ' $ 52,920 $ 29,.400 $ 33,600 $612,6.08.50 $ 5,490 $ 810 $ 900 ,$614,768.50 The Consulting City Engineer stated George M. Construction had also added its base bid and bid alternates. The Consulting City Engineer recommended the bids be referred to the Staff and his firm for review. [ Mayor Johnson questioned the bid alternates. , ". . ~ The consulting City Engineer said Bid Alternate 1 was the,'cost to overlay streets trenched. Bid ,Alternate 2, was .the cost to mill and overlay streets trenched. 7 Regular City Council Meeting, November 25, 1991 "'I:!i:S U .~~. ;-;<. ~'.>'. i . , ',' " ~\-: ".'- . A motion was made by Counci 1 member Jenkins to refer the bi ds to Staff and Langford Engineering for further tabulation. The motion was seconded by Councilmember Duke. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson" Councilmembers Kelly, Duke, Jenkins and Lang None None BID OPENING FOR RECYCLE TRUCK: Sealed bids for a recycle truck' (cab, chassis and bOdy) were opened by the City Manager and read by the Public Works Director. The following bids were read: Bidder Total Bid A. C. Collins Ford No Bid Mort Hall Ford $28,849 28,178.53 . 25,355 29,138 \ ~ Olympic Intl. Trucks Knapp Chevrolet Bayou City Ford Counci lmember Kelly questi oned whether the bi dders bi d on the same specifications. He asked if it made a difference whether the cab and chassis purchased was a Ford or Chevrolet: The City Manager stated they bid the same specifications. It made no difference who produced the truck. Counc i 1 member Du ke as ked if the recyc 1 e body wou 1 d mount any cab and chassis purchased. Mr. Tanner stated that would. Mayor Johnson asked the City Manager to explain why a cab and chassis with a diesel engine was desired. The City Manager said the diesel engine is superior to the gasoline engine in City Work. The City Manager opened the bids for a recyc 1 e body and the Pub 1 i c Works Director read them. The bids follow by bidder: Bidder Total Bid r---' I i I I \ '-- Truck & Pickup Equip. $6,320 A '2~ ",3] Regular City Council Meeting, November 25,"1991 Southwest Truck Rigging ^<". '- j $6,745 Councilmember Duke questioned the number of companies that custom build such truck bodies. The City Manage'r said the numbe,r of companies that custom build truck bodies is limited. He requested the Staff be given 2. weeks to review the bids and prepare a recommendation. Mayor Johnson asked how many companies were invited to bid. The City Manager said 6 companies had been' invited to bid. A motion was made by Councilmember Duke to refer the bids to Staff for recommendation. The motion was seconded by Councilmember Lang~ The motion was voted 'on with thefo 11 owi ng res u 1 t: Voting Aye: Voting Nay: Absent: o ARBOR DAY ACTIVITIES: Mayor Johnson, Councilmembers Duke, Kelly, Jenkins' and Lang None None The City Manager presented an agenda for the January 18, 1992 Arbor Day celebration and reported a plan to distribute 600 seedlings to those present. Mayor Johnson read the agenda that follows: 9:30 -,10:00' 10 : 05 - 10: 10 10: 10 - 10:30 10:35 - 10:55 n 11:00 - 11: 20 11: 25 - 11:45 ARBOR DAY CELEBRATION January 18, 1991; 9:30 a.m. - 12:30 p.m. :MILTON,@ COLLEGE,PARK! Tree Planting Ceremony (Mayor) CITY HALL Introduction (Carla Rea) Tree Contest 'Awards (Mayor) "Selecting, Installing, and Maintaining Your Trees" (Eric Beckers, State Forester) IIHow to Preserve Existtng Treesll (Steven Anderson, Private Tree Specialist) "Treesfor Houston" (Dona Chambers) 9 Regular City Council Meeting, November 25, 1991 232 11:50 - 12:10 12:15 - 12:30 City of Houston 2 x 2 Program (Gary Woods) Closing/Acknowledgements (Carla Rea) SWIMMING POOL HOURS' Consideration was given to s,wimming pool hours and a. Recreation report. The City Manager asked the Recreation Manager and Assistant Recreation Manager to present the report. The Recreation Manager reported the reduction in swimming pool hours (7 hours and 45 minutes each week). She said the reduction began August 26, 1991 and would end June'l, 1992. ,The Recreation Manager justified the reduction and reported efforts to notify the public. The City Manager said the reduction in hours saved the City $3,000.00. He said it was just as important to provide better supervision and greater control. The operation of the swimming pool was more efficient and effective as a result. The Assistant Recreation Manager presented attendance figures that justified the reduction in swimming pool hours. He felt a limited number of people (15 to 25) had been affected and recommended the new hours be maintained. Councilmember Jenkins questioned complaints. Mayor Johnson questioned the residency of those affected. The Recreation Manager said many of those affected were not residents. Penny Kroll, a resident at 2717 Arbuckle, said the lap swimmers need better hours. She recommended the pool open at 5:30 a.m. or 6:00 a.m. and close at 10:00 p.m.. Ms. Kroll questioned the quality of the swimming pool and said other pools had better hours. Counci lmember Jenkins took exception to statements made by Ms. Kroll. He said the Colonial Park Swimming Pool had better hours and a less expensive membership than other pools in the area. The Counc il member sa i d the Co 1 on ia 1 Pa rkSwimmi ng Pool mi ght not meet Ms. Kroll's personal needs. Councilmember Lang said the reduction in swimming pool hours was not justified. She said the original Fall hours should be reinstated. The City Manager requested direct,ion from the City Council. The City Council directed the Staff to meet \'{ith those affected and reach an agreement which would be acceptable to everyone. SCOUT HOUSE REPLACEMENT: , Consideration was given to the design ofa new Scout House. John Stone, an architect with Mitchell Carlson & Associates, presented I I..~ 10 l. . '1'-: Regular City Council Meeting, November 25, 1991 ~,tj U', 'I . 'i i , I o design changes that couldreduce the cost of the Scout House the City Council considered at its November 11, 1991 regular meeting. He said value engineering was an important part of the design process. Councilmember Duke said the Scouts would use the structure most and should be permitted to review the plans for comment. He said the project had changed greatly and the Scouts had requested something different in the beginning. Mayor Johnson stated the building would be used by other groups too. Counci lmember Duke sai d the Scouts were concerned they woul d not be able to use the building as much if it was open to everyone. He said they could not afford a fee to reserve the building andrequested informationconcerning groups that would ,compete for its use. The City Manager asked the Recreation Manager to address building use. The Recreation Manager reported the Scouts used the Scout House from 3:00 P.M. to 8:00 P.M. Monday through Thursday. She said Scouts seldom used the building on Fridays or weekends. The Recreation Manager said the Scout House was used for bi rthday parties, Summer Day, Camp and special events when it was not used by the Scouts. The City Manager sai d the proposed Scout House wou.l d sati sfy more than Scout needs. He felt the building could be, rented twice a week ($20 an event) and generate at least $2,000.00 in revenue a year. Counci lmember Duke asked how the City could change every group except Scouts for using the building. He'said ,it would be considered discriminatory, unfair and generate complaints. The City Manager said the Scouts could reserve the building without charge if they participated in:'construction (Flat work and,landscaping). Councilmember Kelly said the C,ity would spend too much money on the Scout House to excl ude others.: Councilmember Duke said Scouts could ',not .afford,to use or fully, ;use a building that was too fancy. Councilmember;Kelly sa!id the architect ,"could ,not proceed without a contract. n Mayor Johnson requested a motion. Councilmember Kelly,'made a motion to accept,1thearchttectura.l contract from Mitchell Carlson & Associates, Inc. to build the building conditi oned upon the, City, Manager' 'and' Ci ty Attorney revi ewi ng the contract. Councilmember Jenkins 'requested the motion ,be> amended to include a $10,000 cap on architectural costs. 11 Regular City Council Meeting, November 25" 19.91 2304 r 23 J Councilmember Kelly opposed the amendment. Councilmember Lang seconded the motion. The motiohwas voted on with the following result: ~ Voting ,Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Lang and . Jenkins. Councilmember Duke None Councilmember Lang supported value engineering that would minimize the cost, ofconstructi on. ' Councilmember Jenkins said the 'City should do the job right. Councilmembe,r Kelly agree,d wj th Council member Jenki ns. Councilmember Duke said the .City should do the job right but f.eared the design presented would be inappropriate for Scout use. A motion was' made by Councilmember Kelly to adopt. the plan and move forward on bids as presented by Mitchell, Carlson' & Associates, Inc. estimated at $124,654 for a new building located on school grounds. The motion was seconded by Councilmember Jenkins. The motion was voted on with the following result: Voting Aye: Major Johnson, Councilmembers Kelly, Lang and Jenkins. Councilmember Duke None Voting Nay: Absent: ARCHITECTURAL STUDY OF PUBLIC WORKS CENTER: Consideration was given to an a.rchitectural study of the Public Works Center. The Public Works Director. recommended John F. Houchins, Architect be retained to assess the basic needs of the Public Works Department for $3,500.00. He said an architectural study was required to do the job right. Councilmember Jenkins asked if there was a project budget. The City Manager said there was not. The study would assess departmental needs, recommend a plan to meet them and estimate costs. The City Council would decide how much to spend. Councilmember Jenkins asked if the Staff could determine its needs. The City Manager said the Staff could and would. He said the architect prepared plans and estimated the cost to meet them. 1? y-' ~ . Regular City Council Meeting, November 25, 1991' 2:Y '~5 ~~ . D(l:'. ' " .' . :'1 The Public Works Director addressed' the, role played by the architect and space analysis. The City Manager said the age of the Public Works Center, structural problems and changes in' op'erationrequired the considerati'on of alternatives. He said a better decision would be made if the study were done. The Public Works Director stated. the most cost effective method to meet departmental needs should be determined and used. Councilmember Duke said the study s,hould be objective. H~ felt the Staff appeared to support demolition and new construction. The City Manager stated the City, would spend $80,000.00 to strengthen 1 existing structure, $40,000.0,0 to expand an existing locker room. This total is $120,000.00 and he felt the City should make sure that this is the most cost effective measure. The City Manager assured the City Council the study would be objective. The high cost of repair and renovation required the consideration of new construction. o A motion was made by Counci'lmemb'e'r Lang to accept the proposal to perform an architectural study of the Public Works Center. The motion was seconded by Councilmember Jenkins. The motion was voted on wi th :the foll owi ng resu 1 t: ' Voting Aye: Voting Nay: Absent: Mayor Johnson,' ,Counc i1 members Lang', Jen k ins, Du ke and Kelly ~ .. None, J, None RESOLUTION AUTHORIZING SIGNATURES: Consideration was given to Re~olution Number 91-29 and the authori zati on of Ci ty officers to s'ign checks. .l The resolution that follows was read by Mayor Johnson: RESOLUTION ,NUMBER 91-29 CITY OF WEST UNIVERSITY PLACE n WHEREAS, the South Main Bank of Houston has been selected as the depository for the funds .of the City; and, WHEREAS, the South Main Bank' of Hous'ton requires a resolution authorizing officers of the.City to 'seign <zhecks., 13 Regular City Coyncil Meeting, November 25, 1991 232 j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following officers are authorized to sign checks. from the Payroll Account '(90-1136-6): A. Whitt F. Johnson, Mayor B. Michael A. Tanner, City Manager C. Victoria N. Imo,Chief:Accountant Section 2. That the following officers are authorized to sign checks from the General Fund (90-1135-8): A. Whitt F. Johnson, Mayor B. Robert E. Kelly, Mayor Pro Tem C. Michael A. Tanner, City Manager D. Victoria N. Imo, Ch'iefAccountant Section 3. That the following officers are authorized to sign checks from the Time Open Account (90-1140-4): A. Whitt F. Johnson, Mayor B. Robert E. Kelly, Mayor Pro Tem C. Michael A. Tanner, City Manager . D.Victoria N. Imo,Chief Accountant Sect ion 4. Tha t the fo 11 owi ng offi cers are authori zed to sign checks from the Cash Bail Bond Fund (90-1139-0): A. Michael A. TanneqCityManager B. Victoria N. Imo, Chief Accountant C. Iola Pickul, Municipal Court Clerk,: Section 5. That the following officers are authorized to sign checks from the Group Health Plan Account (90-1142-2): A. Whitt F. Johnson, 'Mayor B. Michael A. Tanner, City Manager C. Victoria N. Imo, Chief Accountant Section 6. That the following officers are authorized to sign checks from the Healthnet Account (90-1137-4): A. Whitt F. Johnson, Mayor B. Michael A. Tanner, City Manager C. Victoria N. Imo, Chief Accountant Section 7. That the following officers are authorized to sign checks from the Uti 1 ity Depos it' Refund Account (90-1138-2): A. Whi:tt F. Johnson, Mayor B. Michael A. Tanner, ,City Manager C. Victoria N. Imo, Chief Accountant 14 n o l '-- ~ t ~oJl '- ' Regular City Council Meeti.ng, November 25, 1991 Section 8. All resolutions, and parts of resolutions in conflict herewith are repealed to the extend of the conflict only. S:ection 9. If any word,' phrase, clause, sentence, paragraph, section or other part of this resolution or the application ther~of to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 10. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the' manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. Art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this , 1991. day of Voting Aye: Voting No: Absent: . tfi~ -& ~~ hl tt F. Johnso . Mayor ATTEST: !i Approved as to Form:, Mike Tanner I Acting City Secretary (SEAL) James L. Dough~rty, ~r. City Attorney A motion was made by Councilmember Duke to approve\Resolution Number 91-29 authorizing City officers to sign checks. The motion was seconded by Councilmember Jenkins. The motion was voted on with the following r~sults: Voting Aye: Voting Nay: Absent: 'Mayor J,ohnson, Councilmembers Duke, Kelly, Jenkins and Lang. None None 15 Regular City Council Meeti,ng, November 25, 1991 '23 CHANGE ORDERS IN PRIORITY AREA,3SANITARY SEWER LINE CONSTRUCTION: The Consulting City Engineer presented Change Order Number 5 ($4,897.50 to raise manholes affected by overlay) and 6 ($2,367.86 to install a "'- Type D inlet behind a townhouse, development on Bissonnet). Councilmember Duke questioned the need to install the inlet. Mr. John Valcik, a resident at 2801 Bissonnet who is affected, addressed the need. The City Manager discussed the ,project and recommended the change order be approved. Councilmember Jenkins asked if the rotting fence on townhouse property would be repaired or replaced.. Mr. Va1cik said the townhouse residents would repair the fence if the City solves the drainage problem near it. A motion was made by Councilmember Lang to approve Change Order No.5 as presented. The motion was seconded by Councilmember Kelly. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Duke, Kelly, Jenkins and Lang None None PAYMENT FOR WATER LINE CONSTRUCTION: The City Manager presented Monthly Estimate No. 7 in the amount of $35,799.90 for work performed October 1 through October 31, 1991 in the construction (replacement) of water lines in Priority Area No.3 (Academy Amherst, Bissonnet and West Point) by Reliance Construction. Mayor Johnson questioned the installation of five hydrants. The Consulting City Engineer said only 12 new fire hydrants had to be ins ta 11 ed . A motion was made by Councilmember Duke to approve the payment of Monthly Estimate No. 7 on Priority Area Number 3. Councilmember Jenkins asked the Public Works Directorif he personally inspected the project. The Public Works Director said he had not. The Deputy Public Works Director (Utilities) supervised the project and personally inspected it. The motion was seconded by Councilmember Kelly. The motion was voted on with the following result: Hi - '-' Regular City Council Meeting, November 25, 1991 Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Duke, Kelly, Jenkins and Lang None None PAYMENT FOR WAKEFOREST ELEVATED STORAGE TANK CONSTRUCTION: Mike Tanner presented Estimate No. 11 (final) in the amount of $59,120.15 for work performed September 1 through October 17, 1991 inn construction of the 500,000 gallon Pedestal Type Elevated Storage Tank by Pitt-DesMoines and a Certificate of Acceptance. The Consulting City Engineer discussed the project and everything that had been done. Mayor Johnson :said the City would receive a 1 year warranty. Councilmember Lang asked who would be responsible for the drainage. The Consulting City Engineer said it did not make sense for P.D.M. to fill the site, the contractor (Nunn Constructors) responsible for phase 2 construction would be required to excavate. A motion was made by Councilmember Kelly to pay Estimate No. 11 in the amount of $59,120.15. The motion was seconded by Councilmember Jenkins. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Duke, Kelly, Jenkins and Lang None None PAYMENT FOR ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: n (b) Inv'oice No. 6631 in the amount of $398.00 for Priority Area #3 Sanitary Sewer (c) Invoice No. 6632 in the amount of $782.68 for Priority Area # 2b Water Line Construction (Amherst, Academy, Bissonnet & West Point) (d) Invoice No. 6633 in the amount of $989.80 for Wakeforest . Water Plant: Expansion 17 ~qlJ Regular City Council Meeting, November 25, 1991 A motion was made by Councilmember Jenkins to pay invoice numbers 6630, I 6631, 6632 and 6633 as presented. The motion was seconded by I Councilmember Duke. I L- The motion was voted on and carried by the following vote: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Duke, Kelly, Jenkins and Lang None None The Consulting City Engineer presented a report on the design of the surface water line. A route was discussed at length. Mayor Johnson questioned the project and its completion. he did not believe the City Council and Staff fully understood what was being done. The Consulting City Engineer said the plans have been completed and have been submitted to the City of Houston for review. Councilmember Jenkins questioned the proposed route and stated he had not been informed. The Consulting City Engineer said the route was proposed because it was the most cost effective. Councilmember Duke asked if there was a real difference in cost between a College and Weslayan route. The Consulting City Engineer said a Weslayan route had been rejected because the right of way was limited, concrete construction was more expensive, maintenance would be difficult and traffic problematic. Mayor Johnson said the City Council had requested design stop at a previous meeting. L The Consulting City Engineer said he did not remember or understand that. ORDINANCE AMENDING 1991 BUDGET: Consideration was given to the first and final (Emergency) reading of Ordinance Number 1413 that amends the 1991 Fiscal Year Budget. Mayor Johnson read the caption of Ordinance Number 1413 that follows: ORDINANCE NUMBER 1413 AN ORDINANCE AMENDING ORDINANCE NUMBER 1381 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL L YEAR BEGINNING JANUARY I, 1991, AND ADDPTED DN NDVEMBER 12, 199D; 'i....... CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND . DECLARING AN EMERGENCY. 18 Regular City Council Meeting, November 25, 1991 ~tll 1 ---- , ~ C\l m~. ',0 .:~t~ :~-? A motion was made by Councilmember Jenkins to approve the ordinance as written. The motion was seconded by CouncilmemberK~lly. : Councilmember' Jenkins asked why $260,000.00 had been;budgeted for fuel storage. , The City Manager said $260,000.00 was the estimated ~ost to perform 1991 tasks (Fuel storage tank installation and remed1ation). Mayor Johnson questioned a future meeting with the Texas Water I Commission (LW.C.) and reimbursement. I The City Manager said the T.W.C. would approve installation of a new fuel storage tank and reimbursement. He said remedi~tion was performed one step at a time. ' The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: I Mayor Johnson, Councilmembers Je~kins, Duke, Ke lly and Lang None None CODE ENFORCEMENT: n LJ Consideration was given to a report on new construction and code enforcement. . ~ I The City Manager informed the City Council that the ~uilding Code would not have to be amended to issue stop work orders. He said the use of master permits would allow the Building Division to tlo so. I n Councilmember Jenkins said the Building Division hadl failed to stop work at 2 sites. ' .:" '; , ,j The Public Works Director said the Building Divisio~ had stopped construction at 3 sites in the previousiweek. Construction was permitted to begin when code violations were correct~d. The City Manager said the use of master permits and stop work orders would ensure code compliance. : i I Councilmember Jenkins questioned the work that would: be stopped. The Public Works Director said the use of master per~its would allow the Building Official. to stop a.11 wor.k. . i Councilmember Duke requested a written report. He suggested the builders be notified in writing that the policy had ~hangeQ. Councilmember Lang said the Building Division should! identify code violations before residents report them. 19 Regular City Council Meeting, November 25, 1991 Kyle Pentecost, a resident 2606 Centenary, supported the use of master permits and stop work orders. He said the City of Houston does something similar. Mayor Johnson supported the use of stop work orders. Councilmember:Kellyasked when the proposed policy could be implemented. The Building Official said master permits could be prepared within a day and builders notified at a December 3, 1991 meeting. CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the October 28, 1991 and November 4, 1991 City Council meetings. A motion was made by Councilmember Lang to approve the minutes as written. Councilmember Duke seconded the motion. The motion was voted on with the following result: Voting Are: Voting Nay: Absent: Mayor Johnson; Councilmembers Lang, Duke, Kelly and Jenkins None None COUNCIL COMMENTS: Councilmember Kelly stated that ,he would like to see the Staff Report changed and a significant item" featured (Lawsuits, major crime,'etc.). Councilmember Lang complained the street light at 2911 Quenby was still out. She asked the Staff to report it to H.L.&P.. Councilmember Duke requested a traffic study of the Liberty Hill Park area be conducted by the Police Department. ADJOURNMENT: A motion was made by Councilmember Lang to adjourn the meeting. Councilmember Jenkins seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson" Counci lmembers Lang, Kelly, Duke and Jenkins None None ?O 24 I I [ L ,-- L Regular City Council Meeting, November 25, 1991 D The meeting adjourned at 12:05 a.m. Mike Tanner City Manager ~ n ~ 7~Ak~ Whitt F. John n Mayor 21 ::\ ~ ~. \ 24, , t. "Jo. f " ' '--24, \ u CITY COUNCIL WORKSHOP SESSION MONDAY, DECEMBER 2, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. **************************************** The City Council convened in workshop session in the Municipal Building (3800 University Boulevard), on December 2, 1991. Mayor Whitt F. Johnson, Councilmembers Cullen Duke, Jim Jenkins and Janice Lang were present. City Manager Mike Tanner, Public Works Director Ed Menville, Deputy Public Works Director (General Services) Jerry Burns and Administrative Secretary Nancy Daven were also present. FUEL STORAGE: The City Manager reported the Public Works Director and he had met with a Texas Water Commission (T.W.C.) representative (Michael Baines) in Austin. The T.W.C. is satisfied with remediation efforts and reimbursement should pose few problems. o The Public Works Director said the Staff was encouraged to file requests for reimbursement and explained the procedures required to do so. The City Manager reported the installation of a new fuel storage tank had been approved and discus,sed the,things the,contractor would have to do to complete remediation. Councilmember Jenkins questioned,contamination. The Public Works Director stated existing contamination would be identified. The City Manager stated the new fuel storage tank would be electronically monitored and leaks detected at the time they begin. Councilmember Kelly arrrived at7:25 p:.m.. ' Bill Pray, a resident at 3828~,Northwester.n and an J\ramco staff officer, said there was no fail safe detection method. He cited a specific example. The City Manager discussed the abandoned water well and remediation requirements. He reported T.W.C concerns and the possibility of State Lead. ~ U Councilmember Jenkins questioned whether installation of a new fuel storage tank would compromise remediation of the abandoned water well. . .' ., i 'j',~." . The Public Works Director, assured the City Council there would be no problem. ~q Minutes of City' Council Workshop Meeting, December 2, 1991 Mayor Johnson' questioned.thetype arid number of tank tests that woul d be performed. The City Manager said there would be 3 pressure tests. The Deputy Public Works Director (GeheralServices) stated the tank would be tested following its manufacture, delivery and installation (prior to burial). The City Manager and Deputy Public Works Director (General Services) presented change orders and requests for payment that would be formally considered by the City Council at its next regular meeting. Mayor Johnson questioned reimbursement. The City Manager discussed the reimbursement process and stated a request could be filed very soon. Councilmemb~r Jenkins questioned the amount that would be reimbursed. The Public Works Director stated the T.W.C. had not taken exception to the tasks that had been performed by the Contractor or costs presented. Councilmember Lang questioned the original bids, change orders and documentation. i I I L The City Mangger stated the bid submitted by Dup's, Inc. was truly low, change orders were approved by the Staff and payment would not be approved without sufficient documentation. Mr. Tanner said the City has a good relationship with the T.W.C and assured the City Council the project was a good one. Mayor Johnson stated his telephone conversation with the T.W.C was very positive. PRIORITIZED OBJECTIVES: The City Manager presented a list of 7 prioritized objectives he felt the City should focus attention on and meet. The list included items previously discussed by the City Council. A description of each objective and the discussion follow: PRIORITIZED OBJECTIVES 1. Develop master plan for streets and drainage (Reconcile with master plan for utilities and parks development plan). The City Manager stated the City needed to develop a master plan for streets and drainage that reconciles other master plans (Utilities and parks development). He recommended consulting engineers be retained to develop such a plan and $100,000 in bond I \ ~ ? Mi nutes of City Council Workshop Meeti ng, December 2, 1991 2t\' .. proceeds be used to finance their work. The $100,000 had been reserved for Co~ondo COurt teconstruction, but never used. Mayor Johnson questioned ,why Corondo Court had not been reconstructed. The City Manager said the residents of 2 Corondo Court blocks , (3500 and 3600) opposed assessment and reconstruction would not proceed without it. He stated the $100,000 would be better spent on a plan that benefited the entire City. Councilmember Jenkins voiced concern that new street and drainage systems would be damaged or destroyed if utilities under them were not constructed first. The City Manager stated the master plan would bring everything together. Joint construction (subsurface and surface') was recommended in some places. The Public Works Director ,stated development of a master plan was essential. He said. good decisions could not be made without additional 'information and recommended the use of a geographic information system. m Mayor Johnson asked the Ci ty -Manager to identify an area'. that could be improved in" the neXt year through joint construction. The C;:tyManager s:aid' an'area.r:bound -by Robinhood, K.irby,: .University: and Wakeforest'~ sheul:dbe targeted for joint construction (streets, dra.inageand sanitary sewer). No area needed joint c.onstructiG>n'more. . Mayor Johnson discussed assessment and problems that might rise. CouncilmembeY1J Lang::questi"oned zoning,and' expressed her, desire to maintain the residential character of the aneatargeted. She said zoning should be addressed before assessment. 2. Reconstruct streets and drainage system components (Maximum cost of $2,000,000.00). n Mayor Johnson questioned the cost to reconstruct streets. The Public Works Director estimated it would cost, $150 a, linear foot. The City Manager estimated it, would cost. $3,000,000 to improve the a reata rgeted.He said the Reserve (General and Util:i ty Funds) and assessment coul d be used to fi.naricetheprojectif the City Council wished to expedite construction. Mayor Johnson cd.i sc:ussed ,assessment 'and thedi sitri but'; on of costs. The City Manager stated he would study assessment. 3 it4tl Minutes of City Council Workshop Meeting , December 2 , 1991 Counci 1 member Kelly questioned why street and drainage improvements were not reconciled with utility improvements. Councilmember Jenkins stated there should ,have been reconciliation and voiced his support for assessment. Street improvements would increase property value. Mayor Johnson discussed the process required to assess and property value. 3. Develop and implement fuel storage plan. The City Manager stated a fuel storage plan had been approved and would soon be implemented. " ' 4. Develop new solid waste program (landfill closure, private disposal and recycling). The City Manager discussed the December 31, 1991 closure of the City landfill and the process to priviatize. He addressed landfill alternatives (B.F.I~ and W.R.S.), composting, the redeve 1 opment of the Ci ty.Landfi 11 and a proposal to improve recycl ing. 5. Improve'public facilities .(PubHc W,orks Center, Public Works Annex, Scout House and Community BUilding). I I The City Manager reported, the architectural study of the Publ ic L Works Center was being conducted, initial Public Works Annex improvements (Building demolition and fencing) had been completed, the Scout House had been demolished and, a schematic design of its replacement prepared. He also reported efforts of the Staff and Beautification Subcommittee to landscape the Community Building. Councilmember Jenkins questioned the creation and mission of the Beautification Subcommittee. He said he knew nothing about it. 'Ii The City Manager said the Parks and Recreation Board had created it to beautify the City. The Deputy Public Works Director (General Services) described the project to landscape the Community Building. 6. Review Parks Development Plan. The City Manager said it was clear the City Council did not support the Parks Development Plan that had been presented and should do something about it. He recommended the City Council act if it was dissatisfied. Councilmember Kelly said the Parks Board should assess needs and present! ,a recommendation to the City Council. ~r-; [ I L 4 Minutes of City Council Workshop Meeting, December 2, 1991 249 n Mayor Johnson recommended each member of the City Council review the Parks Development Plan and prepare recommend~tjons for a future workshop. He said it appeared the City Council wished to abandon the Charles Tapley plan. The City Manager discussed the process to engage a landscape architect for J.M.H. Park development. Mayor Johnson scheduled a January 8, 1992 workshop to discuss park development. 7. Develop new pay plan The City Manager reported 4 proposals had been submitted by qualified municipal consultants to prepare a new pay plan. He identified the consultants and described the proposals. Mayor Johnson supported. the development of a new pay plan, said the City Council did not understand the current 'one and recommended the audit firm calculate January 1, 1992 salaries. Councilmember Kelly stated his agreement. ZONING REGULATIONS: o The City Manager reported. the desire of of the Zoning & Planning Commission (Commission) to simplify zoning. He said the Commission was particularly concerned with corner lot setbacks. Mayor Johnson addressed a letter from George Ruhlen, Commission Chairman, and recommended Brett Rule, a Commission Member, be appointed liaison to the Houston Planning & Zoning Commi~sion. There were no objections and formal consideration was scheduled. COUNCIL COMMENTS: Linda Day, requested the City Council, schedule a workshop to discuss the proposed Tree Ordinance. Mayor Johnson scheduled a January 15, 1991 workshop, promised to invite Austin Urban Forrester Jim Rhoades and pay his travel expenses. n Councilmember Jenkins asked when utilities(water and sanitary sewer) in the southwest part of the City would be reconstructed. The City Manager stated bond proceeds were limited and at least $7,000,000 was required. Councilmember Jenkins asked if the Reserve (~eneral and Utility Fund) could be used. 5 Minutes of City' Council .WorkshopMeeting, ,December .2, 1991 Mayor Johnson expressed concern that the Reserve would be depleted and the financial position of the City weakened. The City Manager supported the statementsmade.by the Mayor and described the costs the City would soon face. He recommended the City develop a long term financial plan with the assistance of a Financial Advisor. Councilmember Jenkins questioned beautification and sign replacement. The City Manager said the Staff was cond4cting a traffic sign inventory that would be followed by replacement. ADJOURNMENT: ' ,A motion was made by Councilmember Lang to adjourn., The motion was seconded by Gouncilmember Jenkins and the workshop adjourned at 9:10 p.m.. (f#LiI ~~ nltt F. Joh ,Mayor Mike Tanner City Manager k 25( '-- I I J L. ~t)l CITY COUNCIL REGULAR SESSION MONDAY, DECEMBER 9, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7 :,30 P. M. **************************************** The City Council convened in regular session in the Municipal Building (3800 University Boulevard) on December 9, 1991. Mayor - Whitt F. Johnson, Councilmembers Cullen Duke, Robert Kelly and Jim Jenkins were present. City Manager Mi ke Tanner, City Attorney Jim Dougherty, Po 1 ice Chi ef Steve Griffi th, Pub 1 i c Works Di rector Ed Menvi 11 e, Deputy Public Works Director (General Services) Jerry Bur.ns, Building Official Ed Beasley and Administrative Secretary Nancy Daven were also present. Mayor Johnson delivered the invocation and Councilmember Kelly led the Pledge of Allegiance. HEARING OF RESIDENTS: Mayor Johnson invited residents to speak who had m.atters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. No one present wished to speak. CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished: to address a specific agenda item to speak. Dorothy Reiger~ a resident at 6516 Brompton, ,said shE! was glad to see the resolution recognizing the Bellaire High School Students on the agenda and stated her support. RESOLUTION RECOGNIZING BELLAIRE HIGH SCHOOL STUDENTS: Consideration 'was given to Resolution Number .91-:31. The resolution recognized the Bellaire High School Honor Society, Orchestra and Choir for providing a Thanksgiving Day meal with entertainment to West University Place senior citizens. Mayor Johnson read Resolution Number 91-31, a copy of which fo 11 ows : RESDLUTION NUMBER 91-31 CITY OF WEST UNIVERSITY PLACE WHEREAS, Thanksgiving is a time of celebration, friends, family and neighbors; and WHEREAS, the Bellaire High School National Honor Society has demonstrated that they want to uphold this tradition by providing a free Holiday luncheon including festive musical entertainment by the Bellaire High School Orchestra and Choir to our Seniors; and "j ,i.{' "- .k City Council Regular Session, December 9, 1991 WHEREAS, these fine,' upstanding arid caring Students collected donations from ar'ea merchants, planned and prepared the entire Thanksgiving celebration; and WHEREAS, the City Counc i land residents of West University Place agree that the Bellaire High School National Honor Society Students, their instructor, Ms. Eleanor Smith, the Orchestra, the Choir and all the parents, of these Students should be commended for the giving of their personal time~ postponing' their family" Thanksgiving Day celebrations, their caring for sharing with and loyalty to our Senior residents; I i L NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; , Section 1. That the City Council formally and publicly thanks the Bellaire High School National Honor Society Students, Orchestra, Choir, Instructor and parents involved for their excellent Thanksgiving luncheon and program. Section 2. That City Council believes that the Bellaire High School National Honor Society Students, Orchestra and Choir are a tribute to their generation and community. Section 3. That City Council hopes that this tradition will be carried on in the future, thereby providing our Senior residents with holiday festivities so important to us all. Section 4. That this resolution be spread in full upon the minutes of the City Council a,nd that the Mayor be, and he is hereby authorized to cause to be ,delive'redto the Bellaire High School National Honor Society Students, Orchestra and Choir a copy of this resolution. PASSED AND APPROVED this the 9th day of December, 1991. Voting Aye: Voting Nay: Absent: WhittF. Johnson, Mayor Bob Kelly, Mayor Pro Tem Cullen Duke, Councilmember Jim Jenkins, Councilmember ? City Council Regular Session, December 9, 1991 2'53' J Janice Lang, Councilmember Attest: (SEAL) Mike Tanner, Acting City Secretary '.Approved as to Form: James L. Dougherty, Jr. City Attorney Councilmember Janice Lang arrived at 7:40 p.m. A motion was made by Councilmember Jenkins' to adopt Resolution Number 91-31 as written. The motion 'was seconded by Councilmember Du ke. The motion was voted on, with the following result: o Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers , Duke, Lang: and Jenki ns None None Ke lly, APPOINTMENT OF ZONING REPRESENTATIVE: Consideration was representative to Commission') . given to the appointment of a the City ,of Houston (Planning and zoning Zoning A motion was made by Councilmember Lang to follow the recommendation, of the Zoning & Plann.ing Commission:' and appoint Brett Rule as the officia,l liasion' with the City of Houston Zoning Commission. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Duke, Lang- and Jenkins None None BIDS FOR SANITARY SEWER IMPROVEMENT: n Consfderation was given to bids received. November 25', 1991 for construction of Priority Area 4 Sanitary Sewer Improvements. The City Manager asked Consulting City: Engineer Dieter Ufer, a representative of 'Langford Engineering, to present a recommendation to the City Council. 3 254 '" .. City Council Regular Session, December 9, 1991 The Consulting City Engineer said 5 bids had been received, 2 with I errors. The bid submitted by George M. Construction bid increased I $3,310.00. The bid submitted by R.W.L. Construction decreased $1,000.00. The errorsdi,d not affect the position of the bidders L (George M. Construction remained low). The correct bids were presented by bidder: Bidders Base Bid Add Alt. Add Alt. No~1 Bid No. 2 Bid George M. Construction Whi'telak Calco Construction R.W.L Construction Boyer $586,518.50 633.440.00 649,845.00 768,880.00 933,228.00 $29,400.00 29,400.00 23,100.00 33,600.00 42,920.00 $2,160.00 810.00 2,250.00 900.00 5,490.00 The Consulting. City ;Engineer described the add alternates and bid ca'l cul ati on. He recommended the low bi d (Base and both add alternates) of $618,078.50 submitted by George M. Construction be accepted and approved. ., Mayor Johnson questioned the availability and use of bond proceeds. The City Attorney said he would review bond use. The City Manager said bond proceeds could be used to repair streets that were damaged during utility reconstruction. I L .' Mayor Johnson asked the City Manager if a "Certificate of Available Funds" had been prepared. The City Manager stated funds were available but a certificate had not been prepared. ,.. Councilmember Jenkins asked if, the dispute between the City and George M. Construction in prtority Area 3 reconstructi on had been resolved. The Public Works Director saldthe di sputehad not been resolved and described it. Councilmember Jenkins stated anew contract should not be awarded to George M. Construction if an existing contract with the contractor is in dispute. The City Manager said the legal bid process restricted cities and the decisions that could be made. The City Attorney discussed the bid process and options. Mayor, Johnson asked how much time the City Counci 1 had to award a bid. (- L The Consulting City Engineer said the City Council had 90 days. 4 I;;,tJ City Council Regular Session, December 9, 1991 n u Councilmember Duke asked the Staff to clarify the dispute. The City Manager and Publ ic Works Director discussed the dispute in detail. Councilmember Duke questioned the add alternates bid and the advantages of approval~ Councilmember Jenkins questioned material on hand. The Consulting City Engineer addressed logistics and material on hand. Councilmember Lang questioned the bid process and criteria for rejection. Mayor Johnson asked if the City Attorney had reviewed all contract documents. The City Manager said contract' documents were not presented to the City Attorney until bids were awarded. o Councilmember Jenkins made a motion to table the award of the contract until resolution of the first contract with George M Construction. Councilmember Duke asked when the 90 day period would'expire. The Consulting City Engineer said the period would end 90 days from the date (November 25, 1991) bids were received. The City Manager stated a delay would not create a problem. Councilmember Duke seconded the motion. The motion was voted on with the ;f.ollowi'ng result: Voting Aye: Voting Nay: Ab,sent: Mayor Johnson, Councilmembers Jenkins, Kelly, Duke and Lang None None PROPOSALS, FOR PARK DESIGN: Consideration was given to proposals for J.M.H. Park design. Mayor Johnson asked Carol Burke, Parks and Recreation Board Chairperson, to present a ,recommendation. ' n Ms. Burke discussed Phase 1 development, the process to select a landscape architect and recommended the proposal 'submitted, by George Porcher. Mayor Johnson question'ed'the la'rgedisparity in the proposals. 5 City Council Regular Session, December 9, 1991 256 Councilmember Jenkins said the City Council had agreed to discuss park plans and development on January 6, 1992. He felt it was premature to select a landscape architect before then. [ Ms. Burke stated Phase 1 had been approved by the City Council. She sajd the Board had ,been directed to proceed and it was appropriate for the City Council to select a landscape architect. Councilmember Kelly reminded the City Council that it had approved Phase 1 development in October. Councilmember Jenkins questioned Phase 1 development. Ms~ Burke described Phase 1 development in detail. Carla Rea, a Parks and Recreation Board Member, said the J~M.H. site would be developed as a quiet park. Mayor Johnson discussed Phase 1 development and the need to acquire good construction plans (As built). The Ci ty Manager requested time to revi ew the proposa 1 s and a contract. He recommended a decision be made at the next regular City Council meeting. Mayor Johnson said the Staff would be given an opportunity for I studY' and the item would be considered at the December 16, 1991 L regular City Council meeting. BIDS FOR RECYCLE TRUCK: Consideration was ~iven to bids received November 25, 1991 for a recycle truck (cab, chassis and designed body). .~ . The Ci ty Manager and the Deputy Public Works Di rector (Genera 1 Servi ces) presented bi ds for a truck (cab and chass is). The low bid of $26,430.00 ($25,355.00 for the truck and $1,075.00 for an extended 60 month warranty) was submitted, by KnappChevro 1 et. A motion was made by Councilmember Duke to award the purchase to Knapp Chevrolet in the amount of$25,355.00 for the cab and chassis plus an additional amount of $1,075.00 for the extended warranty. Councilmember Jenkins seconded the motion. The motion was voted on with the following result: Voting Aye:" Mayor Johnson, Councilmembers Jenkins, Kelly, Duke and Lang , Voting Nay: None Absent: None [ The City Manager presented bids for a recycle body. The low bid of $6,320.00 was submitted by Truck and Pickup Equipment. h ~l)~ City Council Regular Session, ,December 9, 1991 The Deputy Publ i c Work's Director (General Services) assured the City Council bid specifications had been met or exceeded. A motion was made byCounci lmember Jenki nsto award the contract to Truck and Pickup Equipment based on their low bid of $6,320.00. The motion was seconded by Councilmember Kelly. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Kelly, Duke and Lang None None PAYMENT OF LEGAL SERVICES: ~ Consideration was given to the payment of $4,652.00 to the City Attorney for legaT services' p'rovided during the month Of November 1991. The City Manager reviewed the statement and verified tasks performed. Councilmember Kelly questioned fees to draft a new playground lease with the H.I.S.D.. He asked if there were problems. Mayor Johnson said the H.I.S.D. had requested things that were not included in the current lease' (Termination, liability and lights). He said there was no problem. . ~' { : .. Councilmember Kelly questioned telefax costs. Counci lmember Duke made a motion to pay the November legal fees in the amount of $4,652.20. Councilmember Jenkins seconded the motion. The motion was voted on with the following result: Voting Aye; Voting Nay: Absent: Mayor Johnson, Co_uncHmembersJenkins , Kelly, Duke and Lang None None' FUEL STORAGE AND REMEDIATION: Consideration remediation, reimbursement. was given to requests for fuel storage tank installation, payment; from': Dup IS: Inc. and n The Public Works Director presented a progress report and recommended the, request for payment be approved. . Councilmember Duke asked if the Texas, Water Commission (T.W.C.) had approved the installation of a new fuel storage tank. The City Manager said the T.W.C. had approved installation. 7 i!5~J City Council Regular Session, December 9, 1991 Councilmember Duke said he unde~stood the tank would be installed in a concrete vault. ! I The City Manager said ia concrete vault was considered but not L approved. Council member Lang asked if the Staff had received anything in writing'from the,T.W.C.. The City Manager. ;r.eported recel vlng a 1 etter that very day. The letter presented guidelines for remediation. He assured the City Counci 1 that everything had been approved. ' A motion was made by Councilmember Duke to pay Dup's invoice in the amount of $61,870.00. The moti.on was seconded by Councilmember Kelly. The motion was voted on and carried with the followi'ng result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly and Duke Councilmembers Lang and Jenkins None SWIMMING POOL HOURS: The City Manager recommended Fall and Winter swimming pool hours be increased. He: said' the 7.5 ho.ur reduction did not warrant study or permit compromise. Mayor Johnson said the Staff should set swimming pool hours and the City Council support it. Councilmember Duke said he had received complaints and supported the recommendation to reinstate swimming pool hours. Ms. Burke said the Parks and Recreation Board wanted to participate, in the decision making process. She and Carla Rea supported reinstatement. Mayor Johnson said the Parks and Recreation Board should focus its attention on other things. Councilmember Jenkins stated the pool served the community as a ,whole', not just 'laps,wimmers. He opposed the reinstatement of swimming pool hours. Councilmember Lang supported a return to original hours. Councilmember Kelly said the Staff should make the decision and the City Council support it. Mayor Johnson said the original decision of the Staff to reduce swimming pool hours was supported by the City Council. A City Council Regular Session, December 9, 1991 25.~ l , J '----' CODE ENFORCEMENT: Consideration was given to new construction and code enforcement. The City Manager said a report on code enforcement would be presented each regular City Council meeting. He introduced the Building Official and asked him to speak. The Building Official discussed master permit implementation and a meeting with builders. He said,there were few complaints. . Councilmember Duke questioned tree protection. He said the Building Division should be more diligent and stop work at sites where trees are being damaged or destroyed. Councilmember Kelly questioned a dilapidated structure at 4126 Lehi gh. He recommended the Ci ty seek authori zation from the U.S. Bankruptcy Court to act (With or without reimbursement). REGULAR MEETING CHANGE: o Consideration was given to a schedule change that would permit the second regular City Council meeting in December to be conducted on December 16, 1991 instead of December 23, 1991. The City Attorney presented Ordinance Number 1414 and recommended its approval. A motion was made by Councilmember Kelly to approve Ordinance Number 1414 to change the meeting date. The motion was seconded by Councilmember Jenkins. The motion was voted on with the following result: ' Voting Aye: Mayor Johnson, Councilmembers Kelly, Jenkins, Duke and Lang None None Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council Regular Session on November 18, 1991. A motion was made by Councilmember Duke to approve the minutes presented. Councilmember Lang seconded the motion. The motion was voted on with the following result: u Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Jenkins, Duke and Lang None None COUNCIL COMMENTS: 9 City Council Regular Session, December 9, 1991 26( Councilmember Lang said she was glad to see the Police Department writing so many tickets. Councilmember Jenkins discussed 'grass complaints (6319 Buffalo Speedway ancl 4038 Swarthmore), a drainage complaint reported by Dr. Wordham, the search for ,a City Secretary and the proposed Tree Ordinance. ' \ \ ) i I ~ Counci lmember Duke asked when the ti berty Hill traffic study would be completed and discussed problems reported by Suzanne Thomas. The City Manager addressed policy andpromi sed to contact Ms. Thomas as soon as possible. Mayor Johnson discussed: the inspection of plans (As built). ADJOURNMENT: A motion was made by Councilmember Lang to adjourn. Councilmember Duke seconded the motion. The motion carried and the meeting adjourned at 10:35 p.m.. ~'-7 ~~ Whitt F. Johnso-- Mayor >~ :J Mike Tanner City Manager 261 1 CITY COUNCIL REGULAR SESSION MONDAY, DECEMBER 16, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on December 16, 1991. Mayor Whitt F. Johnson, Councilmembers Bob Kelly and Jim Jenkins were present. City Manager Mike Tanner, City Attorney Jim Dougherty, Police Chief Steve Griffith, Public Works Director Ed Menville and Administrative Secretary Nancy Daven were also present. Mayor Johnson delivered the invocation and Councilmember Jenkins led the Pledge of Allegiance. CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Johnson invited residents who wished to address a specific agenda item to come forward and speak. No one present wished to speak. Councilmember Janice Lang arrived at 7:40 p.m.. o RESOLUTION RECOGNIZING POLICE DEPARTMENT: State Representative Sue Schechter presented a resolution passed by the Texas Legislature that recognized the efforts of Texas police departments to raise funds for Special Olympics. Corporal Michael Peterson of the West University Police Department received special recognition for raising more than $25,000.00. Representative Schechter thanked Dr. Marcus Calderon, a resident at 6535 Buffalo Speedway, for bringing the efforts of Police Department personnel to her attention. Dr. Calderon said he was proud to be a West Univer;sity Place resident and praised Police Department officers for their commitment to such a worthy cause. The Police Chief stated. he' was very proud.of his officers and their efforts. Corporal Peterson presented a Special Olympics cap and commemorative pin to Representative Schechter. n Councilmember Lang thanked Dr. Calderon for bringing the efforts of Police Department personnel to the attention of Representative Schechter. 262 HEARING OF RESIDENTS: Mayor Johnson invited residents to :speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. No one present wished to speak. Mayor Johnson recognized Boy Scouts Alex Pierce, Alec Savie and their parents. PROPOSALS FOR PARK DESIGN: The City Manager discussed proposals for J.M.H. Park design and recommended the engagement of George S. Porcher Landscape Architects, Inc.. Design would cost $5,337.00 and a survey $500.00. Counci lmember Kelly expressed di sappointment that a West U Magazine article written by Dave Agerton did not report a City contribution of $9,000.00 for playground development at West University Elementary School. He said every contributor except the City was named. A motion was made by Councilmember Jenkins to approve the $5,337.00 proposal for design submitted by George S. Porcher L Landscape ArchHects, Inc. and $5DD.DD for a survey. The motion c; was seconded by Councilmember Kelly. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Jenkins and Lang None Councilmember Duke ORDINANCE AMENDING THE 1991 FISCAL YEAR BUDGET: The City Manager presented an ordinance that amended the 1991 Fiscal Year Budget. The proposed ordinance would increase the Water Sewer Fund $10,500.00 for water well maintenance and repair. Councilmember Jenkins questioned costs to repair Water Well Number 8 and insurance coverage. The City Manager addressed Water Well Number 8 and promised to investigate the insurance claim. Mayor Johnson read the caption of the ordinance that follows: ? 263 J Ordinance Number 1415 AN ORDINANCE AMENDING THE 1991 FISCAL YEAR BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. A motion was made by Councilmember Kelly to approve Ordinance Number 1415. The motion was seconded by Councilmember Jenkins. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly, Jenkins and Lang None Councilmember Duke PAYMENT FOR ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: COrisideration was given to the payment of $13,368.92 to Langford Engineering for services associated with utility improvement. The City Manager presented the invoices that follow: a. Invoice No. 6649 in the amount of $2,042.22 for Surface Water Line to Milton l '-......J b. Invoice No. 6650 in the amount of $358.56 for Priority Area #3 Sewer, Sanitary Sewer c. Invoice No. 6651 in the amount of $9,701.69 for Phase 1, Priority:Area No.4 Sanitary Sewer Sunset Terrace Subdivision l ~! d. Invoice No. 6652 in the amount of $773.30 for Priority Area #2b Water Replacement (Amherst, Academy, Bissonnet & West Point) e. Invoice No. 6653 in the amount of $493.15 for Wakeforest Water Plant Expansion Councilmember Jenkins questioned Invoice Number 6649. He thought the City Council had stopped the project in October. Consulting City Engineer Dieter Ufer said the project had been stopped in December after speaking to the Mayor. He, discussed the contract for engineering services and the billing process. Councilmember Jenkins questioned Invoice Number 6650 and the completion of Priority Area 3 Sanitary Sewer construction. The Consulting City Engineer stated the project had been completed. Costs and final payment were disputed. Mayor Johnson questioned Invoice Number 6651 and survey work. 3 264 The Consulting City Engineer said surveying was subcontracted and construction staking would be performed when the contract was awarded. r- L Mayor Johnson questioned Invoice Number 6653 and project ,completion. The Consulting City Engineer said phase 1 of this 3 phase project had been completed. The billing was phased to reduce City costs. Councilmember Jenkins questioned the route of the surface water line that had been designed. He asked why College had been used instead of Weslayan. The Consulting City Engineer stated concrete construction, a narrow right-of-way, tremendous traffic volume and higher construction costs eliminated a Weslayan route. Mayor Johnson said it was his hope surface water conversion would be delayed or stopped. Councilmember Jenkins took exception to a statement made by the Corisultin'g City Engineer at the December 9, 1991 regular City Council meeting that contractors working for the City had been paid for materials on hand. He said the statement was false and produced invoices that proved it. A motion was made by Councilmember Jenkins to pay the invoices presented. The mot i on was seconded by Counc 11 member Lang. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Lang and Kelly None Councilmember Duke PAYMENT FOR DEMOLITION: Consideration was given to the payment of $15,200.00 to P.L. Jackson Construction for demolition of vacant houses, a small metal building at the Public Works Annex ~nd the Scout House. The City Manager discussed the original contract, change order and cost. Councilmember Jenkins criticized curb construction. The City Manager suggested the City Council approve everything except $600.00 for curb construction. Councilmember Lang stated the City should refuse payment until curb construction meets or exceeds standards. 265, l ---.J A motion was made by Councilmember Jenkins to pay P.L. Jackson Construction $14,600.00 ,and authorize the City Manager to pay another $600.00 when new curb construction meets or exceeds standards. The motion was seconded by Councilmember Kelly. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Jenkins, Kelly and Lang None Councilmember Duke The City Attorney left the meeting at 8:35 p.m.. COUNCIL COMMENTS: Councilmember Lang asked if the Public Works Department had received complaints about a pothole at the intersection of Auden and Plumb. She requested it and other potholes b~ repaired as soon as possible. 1 L-" The City Manager said he knew nothing about the specific pothole cited, expected a substantial number more to occur during the rain and explained that asphalt repairs could not be made when it was wet. Councilmember Lang requested insignificant information be excluded from future Staff Reports. Councilmember Jenkins asked how many people transported by the Senior Services Division were not residents. The City Manager estimated 40 to 50%. Councilmember Jenkins asked if Dr. Woodham had been contacted by the Staff. The Public Works Director said he had contacted him. Councilmember Jenkins asked if the grass problem on Buffalo Speedway had been addressed. The Public Works Director said the problem would be solved soon. The City Manager addressed a complaint made by Suzanne Thomas, a resident at 3936 Byron. l-~ --' John Wilkerson, a Park and Recreation Board Member, presented an application for Tree City U.S.A. recertification. He requested it be considered at the next regular City Council meeting. Councilmember Kelly reminded those present that the Houston Tenneco Marathon would be run soon. 5 Mayor Johnson discussed marathon activities. ADJOURNMENT: A motion was made by Councilmember Kelly to adjourn the meeting. The motion was seconded by Councilmember Lang and the meeting was adjourned at 8:50 p.m.. j~ -V~ Whitt F. Johnso ,Mayor ' " " Mike Tanner City Manager 6 266 r-- I \ '-- 26'7 SPECIAL CITY COUNCIL MEETING DECEMBER 18, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. **************************************** The City Council convened in Special Session in the Conference Room of the Municipal Building (3800 University Boulevard) on December 18, 1991. Mayor Whitt F. Johnson, Councilmembers Bob Kelly and Jim Jenkins were present. The City Manager, Mike Tanner was also present. MATTERS RELATED TO THE APPOINTMENT OF A FINANCE & ADMINISTRATION DIRECTOR: The City Council convened in Executive Session at 6:35 p.m. to interview finalists for the position of Finance & Administration Director. The City Council adjourned the Executive Session at 8:40 p.m. and convened in Open Session. Mayor Johnson requested a motion. Councilmember Jenkins made a motion to approve the appointment of Chris Taylor as Finance & Administration Director, authorize moving expenses, a starting salary of $50,000 and a $2,400 increase at the end of 6 successful months. Councilmember Kelly seconded the motion. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Councilmembers Kelly and Jenkins. None Councilmembers Duke and Lang. ADJOURNMENT: A motion was made by Councilmember Jenkins to adjourn the Special Session. Councilmember Kelly seconded the motion and the meeting adjourned at 8:50 p.m.. .~/t ~~~ itt F. john n-- / Mayor 1 LJ Mike Tanner City Manager 268 I L I L 269 j' I .[ , 1 j I. , , , SPECIAL CITY COUNCIL MEETING DECEMBER 21, 1991 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 2:00 P.M. ******************** The City Council convened in Special Session in the Conference Room of the Municipal Building (3800 University Boulevard) on December 21, 1991. Mayor Whitt F. Johnson, Councilmembers Bob Kelly, Jim Jenkins and Janice Lang were present. The City Manager, Mike Tanner was also present. MATTERS RELATED TO THE APPOINTMENT OF A CITY SECRETARY: ] The City Council convened in Executive Session at 2:05 p.m. to discuss matters related to the appointment of a City Secretary. The City Council adjourned the Executive Session at 3:10 p.m. and convened in Open Session. Mayor Johnson requested a motion. Councilmember Lang made a motion to appoint Kaylynn Holloway of West University Place to the position of City Secretary with a starting salary of $32,500.00. Councilmember Ke~ly seconded the motion. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Councilmembers Jenkins, Lang and Kelly Voting Nay: None Absent: Councilmember Duke. ADJOURNMENT: A motion was made by Councilmember Lang to adjourn the meeting. Councilmember Jenkins seconded the motion and the meeting adjourned at 3:15 p.m.. ~-7.~ Whltt F. John n Mayor l ,~j Mike Tanner City Manager 2'fO, , ' i L